Australian Security Intelligence Organisation Act 1979

If the Director‑General receives notice under paragraph 83EB(3)(b) that the independent reviewer has decided to review the independently reviewable decision, the Director‑General must, in as timely a manner as is possible, provide to the independent reviewer all information that was relied upon by the internal reviewer in making the independently reviewable decision.

Without limiting subsection (1), the Director‑General may provide to the independent reviewer a copy of any standard (or part thereof) certified in writing by the Director‑General as a standard relating to the Commonwealth’s highest level of security clearance that was used to make the independently reviewable decision.

A standard relating to the Commonwealth’s highest level of security clearance is part of the Australian Government’s framework of protective security policy.

The independent reviewer may, in writing, request the Director‑General to seek information from the affected person for the purposes of the independent review.

If the Director‑General receives a request under subsection (3), the Director‑General must use the Director‑General’s best endeavours to seek the information from the affected person and provide the information to the independent reviewer.

The independent reviewer must:

comply with any reasonable directions of the Director‑General in relation to the protection or handling of information provided to the independent reviewer under this section; and

do all things necessary to ensure that any information provided to the independent reviewer (including any copy of a standard provided to the independent reviewer under subsection (2)) is not disclosed to the affected person.

The Director‑General may, in writing, delegate the Director‑General’s powers and functions under subsection (1) to an ASIO employee, or an ASIO affiliate.

The Director‑General may, in writing, delegate the Director‑General’s powers and functions under paragraph (5)(a) to an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee.

In performing a function or exercising a power under a delegation under subsection (6) or (7), the delegate must comply with any written directions of the Director‑General.