Jp_ AUSTRAIIjA
PRIME MOME PRESS STATEMENT NO. 305
21 August 1974
ROYAL COMMISSION INTO THE INTELLIG~ ENCE AND SECUR~ ITY SERVICES
OF THE AUSTRALIAN GOVERNMENT
The Prime Minister, Mr. Whitlam, announced today
that His Excellency the Governor-General had, on the advice
of the Executive Council, appointed Mr. Justice Hope of the
Supreme Court of New South Wales as a Royal Commissioner to
inquire into Australia's intelligence and security services.
A copy of the terms of reference for the inquiry
is attached. The Prime Minister recalled that in his policy speech
on 29 April he had given an undertaking that the Government would,
if returned, appoint a judicial inquiry into the structure of the
Australian security services and into methods of reviewing
decisions adversely affecting citizens or migrants.
The Commission to Mr. Justice Hope will fulfil both
parts of the election promise.
The inquiry will cover the whole range of Australia's
intelligence and security services and so will provide the first
comprehensive review that has been undertaken of these services
since the inception of the varicus organisations during the
1940s. The Commissioner will be asked to review the history
of the services and, having regard to the security of Australia
as a nation, the rights and responsibilities of individual persons
and future as well as present needs, to make recommendations on
the services the people and Government of Australia should have
available to them.
Paragraph 3 of the terms of reference will ensure that
the inquiry covers fully the important aspects of the civil rights
of individuals as they can be affected by administrative decisions
based on or influenced by security reports. The Commissioner is
asked to suggest ways in which administrative decisions of this
kind can be reviewed. His inquiries will extend to the protection
which should * be afforded not only to citizens but also t9 migrants
and visitors.
The inquiry will also cover the important matter of
ensuring that there is full responsibility at Ministerial and
official level for the intelligence and security organisations
and actions undertaken by them.
The Prime Minister said he expected that, because of
its nature, a large part of the proceedings of the Commission
would have to be conducted in closed session. He recalled that
the Royal Commission into the Canadian security services had been
directed to hold all its proceedings incamera. The Commissioner
would advise the Government as to which parts, if any, of the
report might be made public.
The appointment of a Judge with qualifications as
eminent as those of Mr. Justice Hope guaranteed that the inquiry
would be well conducted, comprehensive and responsible and at
the same time would reassure those countries and organisations
with which Australia has connections in the security field.
Mr. Justice Hope was appointed to the Supreme Court
of New South Wales in 1969. He became a member of the Court
of Appeal in 1972. He was President of the Australian Council
for Civil Liberties between 1967 and 1969.
Mr. Whitlam said he wished to express his own thanks,
and those of the Government, to the Premier, Chief Justice
and Attorney-General of New South Wales for their courtesy; and
co-operation in agreeing that Mr. Justice Hope should be available
to undertake this important inquiry.
CANBERRA, A. C. T.
INQUIRY INTO INTELLIGENCE AND SECURITY
SERVICES OF THE AUSTRALIAN GOVERNMENT
Terms of Reference
make the following inquiries, reports and recommendations,
including inquiries and reports on all matters relevant to the
making of those recommendations:-
1. To inquire into and report upon the history of the
intelligence and security services of the Australian
Government, with particular reference to
purpose, functions, administration and staffing
( including recruiting) of each organization;
the general co-ordination, control and direction
of the services taken as a whole;
the use made by the Australian Government and
its agencies of the information provided by the
organizations.
2. In the light of past experience, and having regard to the
security of Australia as a nation, the rights and
responsibilities of individual persons and future as well
as present needs, to make recommendations on the
intelligence and security services which the nation
should have available to it and on the way in which the
relevant organizations can most efficiently and
effectively serve the interests of the Australian
people and Government, with particular reference tothe
scale of operationsthe
number of separate organizations to be
involved, and their purpose, functions,
staffing ( including recruiting and terms and
conditions of service) and administrative
arrangements; the nature and scope of the intelligence which
the relevant organizations should seek to
acquire from Australian sources or from sources
outside Australia, including the intelligence
services of other countries;
arrangements for co-ordinating and evaluating
the available intelligence;.
the distribution and use of the intelligence
material available-,
the relationship between the intelligence
organizations, between those organizations and
the Australian and State law enforcement
agencies and between those organizations and
Departments and authorities of the Australian
Government; / 2
2.
the degree of secrecy which should attach to
the organizations and their work; and
the proper safeguarding of intelligence material
and sources and the channel through which advice
on such matters should be provided.
3. To make recommendations as to the procedures which should
be introduced to permit review of administrative decisions
affecting citizens, migrants and visitors which were or
may have been based on, or influenced by, reports or
information of an adverse kind furnished by the security
intelligence services of the Australian Government.
4. To review the machinery for Ministerial and official
control, direction and co-ordination of the
activities of the intelligence and security services
and make recommendations on any changes desirable, in
particular to ensure that there are clear lines of
responsibility and proper arrangements for
accountability for funds.
To make recommendations on any other matters in
relation to intelligence and security services to
which the attention of the Commission is directed
by the Prime Minister in the course of the inquiry."