Fiat Justitia 2024: Primer on the role of the Inspector-General Intelligence and Security
The Hon Christopher Jessup KC was warmly greeted by fellow Monash Law alumni when he returned to his alma mater in his role as Inspector-General of Intelligence and Security to deliver the 2024 Fiat Justitia Lecture.
“It has not been permissible to include in this brief survey of the role of the Inspector-General any actual ‘information’ about the matters which are subject to inquiry or inspection under the IGIS Act. For those who anticipated an exposition of the lurid details of the undercover work of our intelligence agencies, an apology is extended,” offered the Hon Christopher Jessup.
This Fiat Justitia lecture was the first opportunity to hold the event in a face to face environment since the Covid 19 pandemic. Still, not all could be in attendance. The patron of the lecture series, the Hon Michael Black AC KC – former Chief Justice of the Federal Court of Australia - sent his regrets for not being in the room as he was overseas.
Introducing the Hon Christopher Jessup KC, the Interim Dean of the Law Faculty and Convener of the Fiat Justitia lecture, Professor Marilyn Pittard, expressed her pleasure in being able to introduce an esteemed Monash Law Alumnus to present the Fiat Justitia lecture in the 60th anniversary year of the Law School. This singular event encapsulated and celebrated 60 years of creating legal innovators, impactful research and increasing access to justice.
“The Hon Michael Black AC KC asked me to say on his behalf that it was always a great pleasure to work with Dr Jessup when they were both in practice at the Bar, particularly when they were both on the same side, and to serve together as colleagues as members of the Federal Court,” shared Prof Pittard.
The Hon Christopher Jessup KC alongside fellow alumni including Monash Law Interim Dean Professor Marilyn Pittard and the Hon Marilyn Warren AC KC at the Fiat Justitia 2024 lecture.
Prof Pittard outlined Dr Jessup’s legal career, explaining that he commenced practice as a barrister at the Victorian Bar in 1975, specialising in employment and industrial law. In 1987, Dr Jessup was appointed Queen's Counsel.
Dr Jessup holds a PhD from London University, a Bachelor of Economics (Hons) and LLB (Hons) from Monash University. Dr Jessup also holds a Bachelor of Applied Science (Wine Science) from Charles Sturt University.
In 2006, Dr Jessup was appointed to the Federal Court of Australia. He retired in 2017 and returned to practice as a barrister.
Dr Jessup was an Adjunct Professor of Law at Monash University from 2017 to 2020.
Interim Dean of the Law Faculty and Convener of the Fiat Justitia lecture, Professor Marilyn Pittard introducing the Hon Christopher Jessup KC.
On 4 February 2021, the Hon Christopher Jessup KC was appointed as the Inspector-General of Intelligence and Security. Dr Jessup's five year appointment commenced from 8 February 2021.
In the 2024 Fiat Justitia, the Hon Christopher Jessup explained that organisationally, the Inspector-General sits within the ministerial portfolio of the Attorney-General, but, in relation to his or her oversight responsibilities, is not subject to direction or control by any person.
“At present, there are 58 Public Service positions in the Office of the Inspector-General. The staff are based in a secure facility tenanted from the Attorney-General’s Department in Canberra, but carry out much of their inspection work in the various premises of the intelligence agencies concerned. They are all required to have Top Secret, positively-vetted, security clearances,” explained the Hon Christopher Jessup.
The restrictions which the Inspector-General and staff work under are necessary in the interests of national security. Equally important is the confidence which they engender in the intelligence agencies themselves to engage with the Inspector-General with frankness and transparency in relation to every aspect of their activities.
Dr Jessup explained that the office of Inspector-General of Intelligence and Security was established to inquire into ASIO’s compliance with the law, into the propriety of ASIO’s actions and into the appropriateness and effectiveness of ASIO’s internal procedures. The office is established by s 6 of the Inspector-General of Intelligence and Security Act 1986 (IGIS Act).
The Hon Christopher Jessup KC delivering the 2024 Fiat Justitia address.
“Of the ten Commonwealth government agencies that constitute the National Intelligence Community (NIC), six are comprehensively within the statutory oversight remit of the Inspector-General: ASIO, ASIS, ASD, the Australian Geospatial-Intelligence Organisation (AGO), the Defence Intelligence Organisation (DIO) and the Office of National Intelligence (ONI),” revealed Dr Jessup.
“Of the remaining four NIC agencies, two – the Australian Criminal Intelligence Commission (ACIC) and the Australian Federal Police (AFP) – are partly within the statutory oversight remit of the Inspector-General.”
Dr Jessup pointed out that members of the community who are affected by the activities of the intelligence agencies will generally be wholly unaware that the activities are taking place, much less have the wherewithal to assess the legality of them. This lack of clarity requires a measured approach when responding to complaints.
“Someone may, for example, complain that he or she is being subjected to some kind of covert surveillance by an intelligence agency. As the first step in responding to such a complaint, the Inspector-General may – and usually will – consult with the staff of the agency concerned, and if necessary call for any records relating to the complainant, in order to assist in the process of deciding whether the complaint should be the subject of an inquiry,” explained Dr Jessup.
“To take ASIO, and the year 2022-23, as representative for a large and sophisticated collection agency, the areas fell under the following headings: non-warranted surveillance operations, technical collection and retention, analytic integrity, human source management, special intelligence operations, interaction with minors, warrants, device access orders and industry assistance requests.”
Monash Law Interim Dean Professor Marilyn Pittard and the Hon Christopher Jessup KC chatting before the 2024 Fiat Justitia address.
Dr Jessup also clarified any confusion about the accountability of the intelligence agencies to the Inspector General, which would conflate the distinction between oversight and accountability.
“The role of Inspector-General involves assisting Ministers and the Government and, through them, providing assurance to the Parliament and the public of the agencies’ compliance with the law, and with the requirements of propriety, and human rights, in their activities,” clarified Dr Jessup.
“It is important to note that the outcome of an inquiry by the Inspector-General is not a binding instrument, in the nature of a court order or declaration, for example. The Inspector-General is part of the executive arm of government, and his or her reports are addressed to others in that arm – agency heads and ministers. However strongly the conclusions and recommendations in a report may be expressed, whether effect should be given to them, when, and to what extent, are matters which fall within the responsibilities of those addressees.”
Emeritus Professor HP Lee of the Monash Law Faculty warmly thanked Dr Jessup for his insightful lecture.
The full transcript of the 2024 Fiat Justitia Lecture by Hon Christopher Jessup KC, Inspector-General of Intelligence and Security, will soon be made available in the Monash University Law Review.
Emeritus Professor HP Lee thanking Dr Jessup for his insightful lecture.
The Fiat Justitia Lecture series features distinguished speakers on topics of Administrative and Public law.
The title of the lecture series comes from the Latin phrase “Fiat justitia ruat caelum” meaning “Let justice be done though the heavens fall”.
Recent Fiat Justitia Lectures and Speakers include:
2014: ‘The Access to Justice Imperative: Rights, Rationalisation or Resolution’ – The Hon. Chief Justice Marilyn Warren AC, KC Supreme Court of Victoria.
2017: ‘Judge Bridlegoose, Randomness and Rationality in Administrative Decision-making’ – The Hon. Robert French AC, Chief Justice of the High Court of Australia 2008-2017.
2019: ‘A National Integrity Commission?’ - The Hon. Stephen Charles AO QC Judge in the Court of Appeal of the Supreme Court of Victoria 1995 – 2006, Adjunct Professor at the Faculty of Law, Monash University.
2022: ‘Without Fear or Favour’ - The Hon. Justice Sarah Derrington, Federal Court of Australia.
The Hon Christopher Jessup KC hands over his Fiat Justitia 2024 lecture to members of the Monash University Law Review editorial team.