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House of Assembly - Fifty-First Parliament, Second Session (51-2)
2008-06-03 Daily Xml
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Ministerial Statement

SECURITY INTELLIGENCE SECTION

The Hon. K.O. FOLEY (Port Adelaide—Deputy Premier, Treasurer, Minister for Industry and Trade, Minister for Federal/State Relations) (14:13): I seek leave to make a ministerial statement.

Leave granted.

The Hon. K.O. FOLEY: I ask the house to forgive any grammatical errors as I translate into the language of the lower house a statement that has been prepared for the upper house.

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 of justice, on 1 July 1999, with the concurrence of the 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 with 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An outdated definition of terrorism.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.

The need to reflect the current structure of the Protective Security Service.

The current directions specifically refer to '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 changes in government structures—various functions and essential services have been privatised, while other government services are now provided through partnerships with private business. The telecommunications industry and airports have both seen substantial deregulation.

Government departments such as the commonwealth Department of Immigration and Citizenship (DIAC) and Department for Correctional Services (DCS) both 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 government 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 amendment 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 hereby table the following directions to the Commissioner of Police relating to the control and management of South Australia Police.

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