The Australian Commonwealth Senate Inquiry into Freedom of the Press released its report on 19 May 2021.

List of Recommendations

Recommendation 1

2.46 The committee recommends that the Attorney‐Generalʹs Department, in its review of the secrecy provisions in Commonwealth law, should aim to build on the work of the Australian Law Reform Commission, by examining how the public interest in a free press and open and accountable government can be better balanced with protection for classified and sensitive government information.

Recommendation 2

2.87 The committee recommends that the Australian Government work with the Office of the Australian Information Commissioner to identify opportunities to promote a culture of transparency consistent with the objectives of the Freedom of Information Act 1982 among Ministers, Senior Executive Service and other Freedom of Information decision‐makers.

Recommendation 3

3.20 The committee recommends that the Attorney‐Generalʹs Department, in its review of the secrecy provisions in Commonwealth law, specifically examine whether the general secrecy of information offences within the Criminal Code Act 19951 should be amended to include an express harm requirement in line with the recommendation of the Australian Law Reform Commission.

Recommendation 4

3.37 The committee recommends that the Australian Government provide additional resources to the Auditor‐General and the Australian National Audit Office to ensure that the potential audit listed in the Australian National Audit Officeʹs Annual Audit Work Program 2020‐21 regarding the implementation of the revised Protective Security Policy Framework can be expedited without undermining or delaying the other important work that is on the Auditor‐Generalʹs agenda.

Recommendation 5

3.40 The committee recommends that, if not already in place, the Australian Government, in consultation and collaboration with relevant stakeholders, develop guidance material to assist journalists and media organisations to comply with secrecy and unauthorised disclosure provisions in 1 Division 122 of Part 5.6. x Commonwealth law, including the identification of classified information and information related to Special Intelligence Operations.

Recommendation 6

3.51 The committee recommends that the Attorney‐Generalʹs Department, in its review of the secrecy provisions in Commonwealth law, specifically examine the best way to amend section 35P of the Australian Security Intelligence Organisation Act 1979, to protect journalists and media organisations who, in good faith, make public interest disclosures about Special Intelligence Operations. This amendment should ensure that information which is genuinely likely to result in serious harm is not publicly disclosed.

Recommendation 7

3.73 The committee recommends that the Australian Government gives consideration to amending the Criminal Code Act 1995, 2 and other relevant Commonwealth legislation, to remove the evidential onus on journalist defendants to establish that an unauthorised disclosure is in the public interest.

Recommendation 8

3.77 The committee recommends that the Attorney‐Generalʹs Department, in its review of the secrecy provisions in Commonwealth law, specifically examine whether national security legislation, including the Australian Security Intelligence Organisation Act 1979, 3 should require the prosecution to establish that a secrecy or unauthorised disclosure offence, including in relation to a Special Intelligence Operation, is not in the public interest.

Recommendation 9

3.87 The committee recommends that the Attorney‐General revoke the Direction issued on 19 September 2019 under subsection 8(1) of the Director of Public Prosecutions Act 1983, to respect and support the operational independence of the Australian Federal Police and the Commonwealth Director of Public Prosecutions.

Recommendation 10

4.62 The committee recommends that the Australian Government expedite long‐awaited reforms to the Public Interest Disclosure Act 2013 to address 2 Criminal Code Act 1995, Division 122. 3 Australian Security Intelligence Act 1979, s. 35P. xi the recognised deficiencies within the existing legislative protections for disclosers.

Recommendation 11

4.81 The committee recommends that the Australian Government formulate options to strengthen and modernise shield provisions in the Evidence Act 1995, to set a high standard in relation to the harmonisation of national shield laws.

Recommendation 12

4.110 The committee recommends that the Australian Government reconsider the proposed scope and powers of the Commonwealth Integrity Commission. In particular, the government should allow the proposed commission to hold, in appropriate circumstances, public hearings and reconsider the proposed thresholds to ensure that the Commission is not prevented from investigating serious and systemic corruption.

Recommendation 13

5.42 The committee recommends that the Australian Government introduce legislation to amend the Crimes Act 1914, and other Commonwealth legislation, to reflect the Direction issued on 8 August 2019 under section 37 of the Australian Federal Police Act 1979 by the Minister for Home Affairs. In particular, the amendments should ensure that, prior to the use of any intrusive or coercive power in relation to a journalist or media organisation, the importance of a free press in Australiaʹs democratic society and broader public interest factors are taken into account.

Recommendation 14

6.105 The committee recommends that the Australian Government urgently introduce legislation to implement Recommendation 2 (contested warrants) and Recommendations 3 to 5 of the Parliamentary Joint Committee on Intelligence and Securityʹs report into the impact of the exercise of law enforcement and intelligence powers on the freedom of the press.

Recommendation 15

6.107 The committee recommends that the Australian Government, in developing legislation to implement Recommendation 2 of the Parliamentary Joint Committee on Intelligence and Securityʹs report into the impact of the exercise of law enforcement and intelligence powers on the freedom of the press, provide for a review of the operation of the new arrangements.

Read the full Inquiry Into Press Freedom report.