A committee is reviewing ASIO’s power to request warrants to question children aged between 14 and 18.

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) is reviewing the operational aspects and effectiveness of Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979. 

The committee is reviewing powers granted to the Australian Security Intelligence Organisation (ASIO), specifically the authority to compel individuals to attend questioning sessions under a warrant.

Originally implemented in 2003 as part of Australia's counter-terrorism strategy, these questioning powers were significantly revised in 2020 following a review by the PJCIS. 

Recent proposals by ASIO suggest further amendments, including the repeal of questioning warrants for minors and the extension of these warrants to cover a broader range of purposes for adults.

“The Committee has received mixed evidence regarding ASIO’s compulsory questioning powers,” Committee Chair Mr Peter Khalil MP said. 

ASIO has proposed to broaden its existing powers to include offences related to sabotage, attacks on defence infrastructure, and communal violence. 

Director-General Mike Burgess emphasised the need for these expanded powers, saying; “We fundamentally do think the principle is, the powers we have should be proportionate to the threat we face at this time.”

Despite the request for expansion, ASIO has acknowledged that it has rarely utilised the current questioning powers. 

Since the amendments in 2020, only four warrants have been issued, targeting three individuals in connection with counter-espionage and counter-terrorism cases.

The proposal to expand ASIO's powers has faced significant criticism. Australian Human Rights Commissioner Lorraine Finlay argued that there is “no compelling evidence” to justify the expansion and highlighted that the original powers for minors were intended to be temporary. 

Finlay also noted that the national terror threat level is at its lowest since 2014, questioning the necessity of retaining such extraordinary powers.

The current review by the PJCIS focuses on the questioning warrants, which allow ASIO to compel individuals, including minors as young as 14, to provide information or produce items relevant to intelligence investigations. These powers are set to sunset this year. 

ASIO has suggested repealing the questioning warrants for minors while extending the sunset clause for adult questioning powers by another five years.

In its submission, ASIO indicated that while the questioning of minors has been part of its operations, the agency now believes other investigative methods are sufficient for dealing with young individuals involved in terrorism activities. 

“ASIO has never used, nor requested, a minor questioning warrant,” the submission stated.

Further information on the inquiry can be obtained from the Committee’s website.