ABSTRACT

This chapter examines how access to, and the disclosure of, secret material has been regulated in three types of review in Australia and Canada:the Independent Monitor, Inspector-General of Intelligence and Security and commissions(IGIS) of inquiry. The Australian Commonwealth Parliament enacted a law that established the new office of Independent National Security Legislation Monitor. The Independent Monitor is also unique in terms of its function. No other statutory body provides for the ongoing review of both the content and use by the intelligence and security agencies of Australia's national security and anti-terrorism laws. The IGIS and Canadian inquiries thus have powers analogous to the Independent Monitor to access classified material during the conduct of their reviews. The chapter covers the three case studies that maintain the principles of open justice. The Independent Monitor offers a model for the review of the content and use of the anti-terrorism laws in Australia.