Legislative Council Fifty-First Parliament, Second Session (51-2) 51 2 Parliament of South Australia Legislative Council published Ministerial Statement Security Intelligence Section SECURITY INTELLIGENCE SECTION The Hon. P. HOLLOWAY Legislative Council Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning The Hon. P. HOLLOWAY (Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning) (14:23): I seek leave to make a ministerial statement. Leave granted. The Hon. P. HOLLOWAY Legislative Council The Hon. P. HOLLOWAY: The Police Act provides that any direction given to the Commissioner of Police must be published in the Government Gazette and laid before each house of parliament. The activities of the Security Intelligence Section (formerly known as the Operations Intelligence Division) of the South Australia Police are managed in accordance with ministerial directions issued by the then minister for justice on 1 July 1999 and with the concurrence of the then minister for police. Although those instructions have served well executive and operational requirements, experience in the contemporary environment indicates a need for an update to provide for the efficient and effective application of timely and appropriate counter-terrorism strategies and obligations relating to the protection of information. The existing directions also no longer accurately reflect SAPOL's current nomenclature and organisational structure. The current directions are cumbersome and are counterproductive to efficiency, particularly given the restructuring that created the Security Intelligence Branch. Shortcomings of the current directions include: an outdated definition of terrorism; difficulties arising from differentiating between intelligence, information and library information; the need to consider the impact of changes in the security environment, including the partnerships between government and non-government agencies; the need to update the nomenclature; and the need to reflect the current structure of the Protective Security Service. The current directions specifically refer to the 'Agreement of 1982' between the Australian Security Intelligence Organisation (ASIO) and SAPOL which was approved by the Governor in Executive Council in September 1982. This agreement requires updating, as the existing definitions do not reflect current federal legislation, and many recently enacted federal terrorism laws are not included in the agreement. Since 1989 there has been significant change in government structures. Various functions and essential services have been privatised, while other government services are now provided through partnerships with private business. Both the telecommunications industry and airports have seen substantial deregulation. Government departments such as the commonwealth Department of Immigration and Citizenship (DIAC) and the Department for Correctional Services (DCS) use private contractors to assist in the running of detention and corrections facilities. Much of the state's critical infrastructure is now owned, managed or operated by private companies. Other commonwealth agencies have been created to deal with security issues, including the Department of Transport and Regional Security (DOTARS) and the Attorney-General's Security and Critical Infrastructure Division (SCID). In addition, Emergency Management Australia (EMA) and Defence have more substantial roles in national security and deal directly with the states in a number of areas, for example, border protection command. Apart from the obvious need to update the names of the agencies listed, the directions and determinations need to address the issue of releasing intelligence and information outside of government in the current terrorism and security context. The ministerial instructions, as currently constructed, have served their intended purpose over a significant period of time. However, since the most recent amendments to the instructions during 1999, the contemporary terrorism environment has changed immeasurably. It is therefore appropriate that the instructions are amended to ensure their continuing relevance and practical workability in line with law enforcement requirements. These directions will provide for more efficient and effective functioning of the State Protective Security Branch. Pursuant to section 6 of the Police Act 1998, I have therefore tabled directions to the Commissioner of Police relating to the control and management of South Australia Police.