About the Office of National Intelligence

Formed through the Office of National Intelligence Act 2018 (Cth), the Office of National Intelligence (ONI) is an independent statutory agency that leads Australia’s national intelligence community and operates as the principal advisory agency for the Australian Prime Minister on intelligence matters. Primarily, the ONI is tasked with collecting information that is economic, political, and strategic in nature.

 

What does the ONI do?

The agency collects information on matters that the Australian government deems a priority. As per section 7(e) of the act, ONI “provide advice to the Prime Minister, from a whole-of-national intelligence community perspective, on national intelligence priorities, requirements and capabilities”.

The information it collects to inform its analyses comes from a variety of locations and partners, both locally (in Australia) and abroad, and includes the Australian Security Intelligence Organisation (ASIO), the Defence Intelligence Organisation (DIO), covert methods, diplomatic reporting, experts at universities, think tanks, and more.

 

Director-General of National Intelligence

The ONI is managed by the Director-General of National Intelligence – who sits in the role for a maximum term of five years upon being appointed to the position by the Governor-General of Australia, and is responsible for keeping the Prime Minister informed on matters “relating to the national intelligence community” and also keeping the Leader of the Opposition informed on matters “relating to intelligence”.

 

The ONI operates under a strict legal framework that lays out what information it is and is not allowed to collect and how it may or may not go about it. And to ensure the ONI never oversteps its legal remit, it is regularly inspected by the Inspector-General of Intelligence and Security (IGIS) to ensure the ONI is compliant with relevant legislation, privacy policies, and human rights regulations.

 

Intelligence Actions

While the ONI is not tasked with carrying out operations to disrupt actions that would be harmful or contrary to Australian interests, it will – when and where appropriate – provide assistance to those Australian intelligence agencies tasked with such responsibilities.

 

Investigatory Powers

Due to being focused on gathering and interpreting data, it is not unreasonable that the work the ONI engages in might be considered investigative from an outside perspective. This is not, however, the case, with Section 10 of the Office of National Intelligence Act 2018 placing such functions outside the organisation’s remit.

And though such tasks fall outside the scope of its responsibilities, it is still allowed to support investigations conducted by other intelligence agencies – provided there is a “legal basis and capability to do so”.

 

Preparing Assessments

In preparing their assessments, there are several steps required of the ONI:

  1. Coordinating with and collecting data and information from partners such as:
    1. Affiliated intelligence agencies
    2. Open source information (i.e. publicly available information) such as public records, news media, library archives, businesses, academics, and more
  2. Assembling all data relevant to a matter deemed important to the Australian government, including covertly collected information
  3. Engaging in a comprehensive evaluation and review of all relevant data that is “reviewed and challenged by colleagues and partners” to ensure all possible perspectives, angles, and implications have been considered.
  4. Depending on the need of the Australian government, ONI will provide the relevant guidance, advice, or intelligence assessment requested to the Prime Minister and the National Security Committee.

 

Intelligence and Privacy

In the course of its intelligence gathering, some of the actions taken may step outside the rules of the Privacy Act 1988 (the ONI are exempt from the rules of the act). In place of the act, the Prime Minister provides written privacy rules that guide the department with regards to how the agency should “preserve and protect the privacy of Australian persons as far as is consistent with the proper performance of our function”.

 

Approval from the Director-General

Before the ONI can action the rules issued by a Prime Minister, the Director-General must first provide approval and be satisfied with the criteria provided and the expected duration of the approved actions. If consent is granted, then a copy of the rules is “kept by ONI and is available for inspection on request by the IGIS”.

 

Key Takeaways

The ONI fill a necessary function within Australia’s intelligence community. It assembles, analyses, and assesses vast quantities of data to identify key information that is ultimately presented to the Australian Prime Minister and the National Security Committee, whose decisions affect all Australians. And the decisions they make may ultimately depend on the tireless intelligence gathering efforts of the Office of National Intelligence.

Nyman Gibson Miralis provides expert advice and representation in complex cases involving Australia’s intelligence agencies, and can assist with applications to have an ASA reviewed.

Contact us if you require assistance.