SCY1117 Assessment - Compare and Contrast the roles and functions of ASIS and ASIO PDF

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SCY1117 Assessment - Compare and Contrast the roles and functions of ASIS and ASIO...

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SCY1117 ASSESSMENT - Compare and Contrast the roles and functions of ASIS and ASIO INTRODUCTION The Australian Secret Intelligence Service (“ASIS”) and the Australian Security Intelligence Organisation (“ASIO”) together make up two of the six agencies, which work collectively together to form the Australian Intelligence Community (“AIC”) (Australian Secret Intelligence Service, n.d.). Whilst both ASIS and ASIO share some similarities, including their collection of human intelligence, being statutory intelligence agencies and a part of the AIC (Flood, 2014), the roles and functions of both agencies are quite distinct from one another. This essay will provide an overview of both ASIS and ASIO and some of the similarities these agencies share, and will also provide a discussion of four of the most significant differences between their roles and functions, being their method of collection, their means of dealing with intelligence, the type of intelligence they are concerned with and the sphere in which they operate.

AUSTRALIAN SECRET INTELLIGENCE SERVICE ASIS was first formed in 1952 by the Department of Defence and is Australia’s premier overseas intelligence collection agency, (Office of National Assessments, n.d.; Australian Law Reform Commission, 2008) but is often referred to as Australia’s overseas ‘spy’ agency (Gordon, 2005). Despite its formation in 1952, the existence of ASIS was not publicly acknowledged until 1977 (Office of National Assessments, n.d.). ASIS is a statutory agency which receives its authority from the Intelligence Services Act 2001 (Cth), and it provides foreign intelligence for policy formation departments within Australia.

2 The main role of ASIS is to collect intelligence that may impact Australia’s interests abroad and distribute said intelligence to relevant departments and people (Grono, 2007; Australian Law Reform Commission, 2008). As part of its role, ASIS also undertakes counter-intelligence activities and liaises with overseas security and intelligence agencies (Australian Law Reform Commission, 2008). Its main task is to protect and defend Australia from external and internal dangers that arise, whether from espionage or from actions or persons or organisations, which may be subversive to the security of Australia (Lee, 1989). As part of undertaking and carrying out its roles, some of the main functions of ASIS include obtaining intelligence about people/organisations outside of Australia and their capabilities, intentions or activities, (Intelligence Services Act 2001 (Cth) s. 6(1)(a)) and to communicate such intelligence (Intelligence Services Act 2001 (Cth) s. 6(1)(b)).

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ASIO, Australia’s oldest existing intelligence organisation (Grono, 2007), was formed in 1949 in response to concerns about Australia’s security (Office of National Assessments, n.d.), and is Australia’s key security intelligence agency (Lee, 1989; Flood, 2014). ASIO is a statutory agency which receives its authority from the Australian Security Intelligence Organisation Act 1979 (Cth), and it collects, analyses and advises for policy formation departments within Australia on security intelligence (Australian Law Reform Commission, 2008; Cornall & Black, 2011; Australian Security Intelligence Organisation, 2013; Flood, 2014). As Australia’s national security service, its main role is to protect Australia, its people and its interests from threats to its security, from within or outside Australia (Australian Security Intelligence Organisation, 2013; Flood, 2014). As such, its role is to obtain, correlate and evaluate intelligence information in respect of security, to enable it to advise the

3 government about threats or risks to national security (Grono, 2007; Australian Law Reform Commission, 2008). In carrying out its roles as Australia’s security agency, some of its main functions include, obtaining and evaluating security intelligence (Australian Security Intelligence Organisation Act 1979 (Cth) s. 17(1)(a)), communicating said intelligence to the appropriate persons/organisations (Australian Security Intelligence Organisation Act 1979 (Cth) s. 17(1)(b)), and advising the government and relevant authorities in respect of matters regarding security (Australian Security Intelligence Organisation Act 1979 (Cth) s. 17(1)(c)).

SIMILARITIES BETWEEN ASIS AND ASIO Whilst ASIS and ASIO are two distinct agencies, especially in respect of their roles and functions, they do share some similarities. One of the similarities that both ASIS and ASIO share is that they both collect human intelligence, although to varying extents (Flood, 2014; Australian Secret Intelligence Service, n.d.). Another similarity that ASIS and ASIO share is that they are both members of the AIC (Australian Secret Intelligence Service, n.d.). The AIC comprises of 6 intelligence agencies, being ASIS and ASIO, as well as the Office of National Assessments, the Australian Signals Directorate, the Defence Intelligence Organisation and the Defence Imagery and Geospatial Organisation (Flood, 2014; Australian Secret Intelligence Service, n.d.). These six agencies, whilst having different roles and responsibilities, work collectively together to protect Australia, its people and its interests (Flood, 2014). ASIS and ASIO are also both statutory agencies, which essentially means that the existence of both agencies, and their roles and functions are authorised and set out by legislation. ASIS receives its authority from the Intelligence Services Act 2001 (Cth), which also provides a legislative framework for the agency, as well as sets out its functions and limits (Australian Secret Intelligence Service, n.d.). ASIO receives its authority from a

4 different piece of legislation, namely the Australian Security Intelligence Organisation Act 1979 (Cth), which also provides it with legislative authority and sets out its functions, limits and roles.

METHOD OF COLLECTION One of the most significant differences between ASIS and ASIO is the forms of gathering intelligence that they utilise. ASIS is Australia’s overseas secret human intelligence collection agency (Department of the Prime Minister and Cabinet, 2010), and is Australia’s principal collector of human intelligence (Cornall & Black, 2011). Whilst they both collect human intelligence, the vast majority of the intelligence collected by ASIS is solely human intelligence, whilst for ASIO human intelligence collection is only a small fraction of its work as an intelligence collection agency (Flood 2014). As part of its work as an integrated collection, assessment and advisory agency, ASIO collects some human intelligence, however, in carrying out its role it uses others methods to collect intelligence (Australian Security Intelligence Organisation Act 1979 (Cth) s. 17(1)). As a result, ASIO collects intelligence through a wide range of means, including not only human intelligence sources, but also through technical means and through open source material (Cornall & Black, 2011; Irvine, 2012).

MEANS OF DEALING WITH INTELLIGENCE Another significant difference between ASIS and ASIO is the means in which they deal with intelligence. ASIS is a collection only agency, meaning they do not undertake any assessment of the intelligence they collect (Cornall & Black, 2011). ASIS instead distribute it to other Australian intelligence organisations for assessment (Cornall & Black, 2011), including ASIO (Flood, 2014). Whilst ASIS is a collection only agency, with no assessment,

5 ASIO is different in that it is an integrated collection and assessment agency (Cornall & Black, 2011; Flood, 2014). In fact, ASIO is Australia’s only intelligence agency that both collects and assesses intelligence (Australian Secret Intelligence Service, n.d.). ASIO not only collects and analyses intelligence, but it also provides security assessments, evaluations and advice to the Australian government based on the intelligence it collects, on its own and from other agencies (Australian Law Reform Commission, 2008; Cornall & Black, 2011; Australian Security Intelligence Organisation, 2013; Flood, 2014). For example, where its assessment might detect the possibility of a terrorist activity in Australia, ASIO would disseminate that information to the relevant departments, and also work closely with said departments and agencies to ensure the prevention of such activity (Irvine, 2012). As a result, they have a responsibility to create superior insights for decision makers into the intelligence that they collect and assess, which is a responsibility that ASIS does not have (Cornall & Black, 2011).

TYPE OF INTELLIGENCE In addition to the above, another significant difference between ASIO and ASIS is the types of intelligence they are involved with. ASIO, as Australia’s security intelligence agency, works primarily with security intelligence (Flood, 2014). As ASIO’s role is to identify and investigate threats to Australia’s security (Flood, 2014), it understandable that they would mainly deal with security intelligence (Department of the Prime Minister and Cabinet, 2010; Cornall & Black, 2011). Therefore, ASIO deals with intelligence that comes within the definition of ‘security’ under s. 4 of the Australian Security Intelligence Organisation Act 1979 (Cth), which includes protection from espionage, sabotage and politically motivated violence (Australian Law Reform Commission, 2008). Therefore, whilst ASIO’s work relates to mainly security intelligence, ASIS has a broader perspective in terms of the types of

6 intelligence it deals with. As ASIS’s role is to provide intelligence about the capabilities, intentions and activities of individuals/organisations outside Australia, in respect to not only Australia’s security, but also its foreign relations and economic well-being, it is not limited to ‘security’ intelligence and therefore looks at all types of intelligence that relate to their role and functions (Cornall & Black, 2011; Flood, 2014).

SPHERE OF OPERATION The last significant difference between ASIO and ASIS to be discussed is the sphere in which they operate in. ASIO operates primarily in the domestic sphere, as it is governed by legislation that gives it a distinct role in relation to the domestic security intelligence of Australia (Gordon, 2005). ASIO also has a statutory function pursuant to the Australian Security Intelligence Organisation Act 1979 (Cth) to obtain foreign intelligence in Australia (Australian Security Intelligence Organisation Act 1979 (Cth) s. 17(1)(e); Irvine, 2012; Australian Security Intelligence Organisation, 2013). As a result, ASIO primarily collects and analyses security intelligence, both domestic and foreign, from within Australia (Australian Law Reform Commission, 2008; Flood, 2014). However, this does not mean ASIO is limited by geography (Australian Secret Intelligence Service, n.d.), rather it is limited by its function of obtaining security intelligence pursuant to the Australian Security Intelligence Organisation Act 1979 (Cth), however, most of its work does occur within the domestic sphere. Therefore, whilst ASIO operates primarily within the domestic sphere, in comparison, ASIS is focused on the foreign collection of intelligence (Gordon, 2005; Grono, 2007). ASIS’s role is to protect and promote Australia’s vital interests, and as such is directed by the Government to provide a unique foreign intelligence service (Department of the Prime Minister and Cabinet, 2010). As such, ASIS’s work in respect of foreign intelligence results in it primarily working within the foreign sphere (Australian Secret Intelligence Service, n.d.)

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CONCLUSION ASIS and ASIO together with four other Australian agencies collectively form the Australian Intelligence Community. Whilst ASIS and ASIO share some similarities in terms of their roles and functions, such as their collection of human intelligence, their role as a statutory agency and their membership of the AIC , their roles and functions are largely distinct from one another. This essay has provided an overview of ASIS and ASIO in terms of their main roles/tasks and the functions that they have been provided with through their respective pieces of legislation. This essay has also provided a discussion of four of the most significant differences between the roles and functions of ASIS and ASIO. These include the difference between their methods of intelligence collection, the means in which they deal with this intelligence, the types of intelligence they are involved with, and the sphere in which they operate. Despite these significant differences in terms of their roles and functions as Australian intelligence agencies, both ASIS and ASIO, along with the other agencies of the AIC, work collectively together through the collection and analysis of intelligence to protect Australia, its people and its interests from threats, both domestic and foreign.

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References Australian Law Reform Commission. (2008). For your Information: Australian Privacy Law and Practice – Volume 2. Sydney, Australia: ALRC. Retrieved from http://www.alrc.gov.au/publications/report-108 Australian Security Intelligence Organisation Act 1979 (Cth). Australian Security Intelligence Organisation. (2013). ASIO Report to Parliament: 20122013. Canberra, Australia: DPMC. Retrieved from https://www.asio.gov.au/sites/default/ files/ASIO%20Report%20to%20Parliament%202012-13.pdf Australian Secret Intelligence Service. (n.d.). Governance: Overview. Retrieved from https://www.asis.gov.au/Governance/Overview.html Cornall, R., & Black, R. (2011). 2011 Independent Review of the Intelligence Community Report. Canberra, Australia: DPMC. Retrieved from https://www.dpmc.gov.au/sites/default/ files/publications/2011-iric-report.pdf Department of the Prime Minister and Cabinet. (2010). Counter-Terrorism White Paper: Securing Australia, Protecting our Community. Canberra, Australia: DPMC. Retrieved from https://www.dst.defence.gov.au/sites/ default/files/basic_pages/documents/counter-terrorism-white-paper.pdf Flood, P. (2004). Report of the Inquiry into Australian Intelligence Agencies. Canberra, Australia: DPMC. Retrieved from https://fas.org/irp/world/australia/flood.pdf Gordon, S. (2005). Re-shaping Australian Intelligence. Security Challenges, 1(1), 27-58. Retrieved from https://www.regionalsecurity.org.au/Resources/ Files/vol1no1Gordon.pdf Grono, N. (2007). Strengthening the Global Intelligence Network: Australia’s Response to Terrorism. Studies in Intelligence, 14(1), 27-38. Retrieved from https://www.cia.gov/ library/center-for-the-study-of-intelligence/kent-csi/vol48no1/pdf/v48i1a03p.pdf Intelligence Services Act 2001 (Cth). Irvine, D. (2012). The 2011 John Bray Oration – Freedom and Security: Maintaining the Balance. Adelaide Law Review, 33, 295-306.

9 Lee, H. (1989). The Australian Security Intelligence Organisation: New Mechanisms for Accountability. The International and Comparative Law Quarterly, 38(4), 890-905. Retrieved from http://www.jstor.org/stable/759919 Office of National Assessments. (n.d.). History of the Intelligence Community. Retrieved from https://www.ona.gov.au/about-ona/aic/history-australian-intelligence-community...