The Australian Security Intelligence Organisation (ASIO) protects Australia and Australians from threats to their security, stating that it “operates lawfully, in proportion to threats we are investigating, and in line with the standards and expectations of the Australian community.”
ASIO also states that it “does not just do what is legal, we do what is right.” Whether this means that ASIO operates in a legal “grey area” to uphold national security may therefore be a matter of interpretation.
ASIO’s Code of Conduct outlines the organisation’s key values and its commitment to acting lawfully and with integrity. This article explores the Code of Conduct, as well as instances over the years where concerns have been raised about ASIO’s conduct.
ASIO’s Code of Conduct
According to ASIO’s Code of Conduct, an ASIO staff member must:
- When acting in connection with ASIO employment, comply with all applicable Australian laws and operate within the organisation’s policies and procedures.
- When acting in connection with ASIO employment, act decisively to help mitigate threats to security.
- When acting in connection with ASIO employment, ensure that information and advice is passed quickly to relevant action areas, internally and externally.
- At all times use official information, equipment and facilities in a proper and reasonable manner.
- When acting in connection with ASIO employment, act without patronage, favouritism and prejudice.
- At all times ensure no improper advantage–personally or to others–from official duties, status, powers or authority.
- Disclose and take reasonable steps to avoid real or apparent conflicts of interest, (whether financial or otherwise) in connection with their employment.
- At all times act with due regard to the political impartiality of the Director-General of Security and the integrity of ASIO.
- At all times behave in a way that upholds the ASIO Values and the integrity and good reputation of the organisation.
- Comply with any lawful and reasonable direction given by someone in the organisation who has authority to give the direction.
- When acting in connection with ASIO employment treat others with courtesy and respect and without harassment.
ASIO’s key values are that it is “evolving”, “ethical”, “empowering”, and “excelling”. Regarding acting ethically, ASIO claims:
- We embody integrity: Do the right thing.
- We build trust: Are lawful, impartial, authentic and open.
Have there been instances of misconduct by ASIO?
There have been several instances over the years where concerns have been raised about the actions of ASIO. Examples include:
- Timor-Leste Bugging Scandal: In 2013, it was reported that ASIO had conducted surveillance operations to gather intelligence during sensitive negotiations between Australia and Timor-Leste over the Timor Sea oil and gas reserves. ASIO’s alleged involvement in bugging the cabinet office in Timor-Leste’s capital, Dili, raised questions about the ethics and legality of such actions.
- Raids on Journalists: In 2019, ASIO conducted raids on the homes and offices of journalists in response to stories that were critical of its operations. These raids raised concerns about press freedom and the ability of journalists to report on matters of public interest without fear of intimidation or legal action.
- Surveillance and Data Collection: Over the years, there have been concerns about the extent of ASIO’s surveillance and data collection activities, particularly in the digital realm. Critics have raised questions about the balance between national security and individual privacy, as well as the potential for overreach and abuse of power.
Public scrutiny, accountability mechanisms, and ongoing debates about the balance between security and civil liberties are important aspects of ensuring responsible intelligence practices.
