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I questioned security authorities on the thoroughness of the screening processes for returning individuals and older children, ensuring ASIO and joint counter-terrorism teams are actively monitoring threats to keep our citizens safe.

I asked about the total costs of managing, monitoring and integrating these returnees. Taxpayers have a right to know where their money is going, yet officials refused to disclose specific resource allocations in a public forum.

I raised concerns about how risk assessment notices are followed up with state authorities, specifically questioning NSW Police decisions regarding security during heightened-risk periods prior to recent tragedies.

I will never stop asking the tough questions to ensure our national security comes first and the government remains accountable to the Australian people. Australians deserve no less!

Transcript:

CHAIR: Thank you, Senator Shoebridge. Senator Roberts.  

Senator ROBERTS: Thank you for appearing tonight. Another group of ISIS concubines and their children arrived this week.  

Senator Shoebridge: I’m going to take a point of order: that kind of language is just pointlessly, gratuitously offensive, and I’d ask Senator Roberts to review his language and rephrase his question.  

CHAIR: Withdraw, please, Senator Roberts, and please refrain from that kind of— 

Senator ROBERTS: I withdraw ‘concubines’. ISIS terrorist wives, brides, partners: what security screening has been done on them to ensure the safety of Australian citizens, as a group and also individually?  

Mr Gilmore: As I said earlier this evening, ASIO has worked over many years to understand the threat posed by those Australians who chose to travel offshore and join ISIL. We’ve provided advice on this cohort and other cohorts previously, both overseas and in Australia, to government departments and agencies, consistent with our statutory functions and requirements, for many years.  

Senator ROBERTS: Excuse me; were you watching them on the way out, while they were over there and on the way back?  

Mr Gilmore: ASIO will always be watching to identify threats. When information comes to our attention that requires action, we will act.  

Senator ROBERTS: Have they been screened individually and as a group? I guess what you’re saying is yes.  

Mr Gilmore: What I’ve said is that on any cohort that travels overseas—and I think I could characterise people travelling to join ISIL as a cohort that has been of interest to ASIO for many years, along with our partners, I must say, including in the JCTTs.  

Senator ROBERTS: Are older children to be screened for security risk? I understand that the eldest at the moment is 18 years of age.  

Mr Gilmore: That would be a question for the security authorities, AFP and others.  

Senator Watt: Senator Roberts, I’m sure you understand that there are limits to what ASIO is able to put in the public domain as well.  

Senator ROBERTS: Yes. I understand there’s the New South Wales police, for example, or the AFP. Will ASIO have a role in ensuring national security after these and other returnees arrive and stay in Australia?  

Mr Gilmore: Absolutely. ASIO’s function is to protect Australia and Australians from threats to their security. That means that we will always be looking and, where we need to, we will act.  

Senator ROBERTS: What is all of the work relating to the return of the brides, wives, partners, costing? What are the future related costs?  

Mr Gilmore: ASIO receives a baseline allocation from government, as with any department or agency. We have a robust prioritisation and resource allocation process. The details of how those resources are allocated is not something that I could declare in this public forum.  

Senator ROBERTS: I’m not asking you to declare the detailed operational plans. I’m asking what the cost would be for these women that have recently come back. 

CHAIR: I think Mr Gilmore has indicated that the question you’re asking goes to the very thing that he’s just said he’s not willing to disclose in this forum.  

Senator ROBERTS: Don’t you think the taxpayers have a right to know?  

Mr Gilmore: I think the taxpayers would be expecting us to prioritise our resources against the highest threats and to be doing our job, which is what we’re doing.  

Senator ROBERTS: Do you have enough money to cover it?  

Mr Gilmore: We have allocations from government. We have a prioritisation process. We assess risk and we do our job.  

Senator ROBERTS: Do you have enough to do your job?  

Mr Gilmore: We have the resources allocated by budget. I think the director-general has been on the public record for successive years. If you want specific details that we might be able to offer this evening, we could go there, but we do.  

Senator ROBERTS: When ASIO provide heightened terrorist risk alert notices to the New South Wales police service, is there any expectation or follow-up by ASIO to check if there has been a suitable response from the New South Wales police?  

Mr Gilmore: You may be aware that we’re members of the joint counterterrorism teams around the country. They consist of ASIO, AFP and the state and territory police authorities in each state and territory. We share information through those forums. But it’s not just those forums; there are many other mechanisms. We work very closely with our partners in the states and territories.  

Senator ROBERTS: Do you keep tabs on them formally or informally or both?  

Mr Gilmore: Could you just clarify ‘keep tabs on them’?  

Senator ROBERTS: Keep tabs on New South Wales police, for example—when you give them advice, you watch to make sure that they implement that advice.  

Mr Gilmore: We partner very closely. I think it would be reasonable to say we have a shared understanding through that habitual relationship that we’ve built over many, many years with our police partners.  

Senator ROBERTS: Is ASIO concerned to find that the New South Wales police service had actually wound back the police presence for Jewish festivals or events shortly before the Bondi atrocity, the murders, even though they had been warned of a heightened-risk assessment of terrorist activity?  

Mr Gilmore: I apologise, but that would go to matters being considered by the royal commission, and it wouldn’t be appropriate for me to comment on those this evening. Needless to say, resourcing decisions for police or for other agencies and departments are decisions are made by them, and they’re questions that should be directed to them.  

Senator ROBERTS: In the process of your relationship—it’s a close relationship, I’m concluding—would you comment if something were less than you expected?  

Mr Gilmore: We will always work closely with our partners. Nothing is achieved alone, and there are no truer words in the security and intelligence domain. We rely on close relationships with our partners to understand and respond to threats to Australia.  

Senator ROBERTS: I assume it’s in both of your interests to do that?  

Mr Gilmore: It is.  

Senator ROBERTS: Was ASIO aware of the NSW Police Force winding back when you sent out the heightened-risk notice?  

Mr Gilmore: That’s not a question that I’m able to answer this evening.  

Senator ROBERTS: Could you take it on notice?  

Mr Gilmore: I think the question really starts to go to some of the questions that the royal commission will be exploring, and it would be inappropriate to say anything that might compromise that process.  

Senator ROBERTS: The last question was on the royal commission, so I don’t need to go there now. Thank you very much. Thank you, Chair, for your accommodation again. 

During my session with ASIO, I asked why they did not intervene when terrorist flags were flown, which is an offence, at demonstrations. Mr. Burgess explained that he was actually pleased when such incidents like this occurred because it made it easier to identify persons of interest and monitor them more closely in the future.   He stated that it’s not ASIO’s role to enforce the law, as that responsibility falls to the Australian Federal Police (AFP).

He clarified that ASIO functions as a security service.   From a security perspective, Mr. Burgess noted that they would assess whether a visa applicant was a Hamas or Hezbollah sympathiser. He also confirmed that ASIO collaborates closely with the AFP and international partners.

Transcript

CHAIR: Senator Roberts, you have the last five minutes. We’re finishing on 10.30.

Senator ROBERTS: Thank you, Mr Burgess and others, for attending. At recent pro-Palestinian rallies in Australia, the Hamas and Hezbollah flags and symbols have been highly visible and displayed by participants. This is an offence. Why did ASIO not step in with the AFP and arrest the offenders?

Mr Burgess: Firstly, and again, ASIO is not a law enforcement agency. We don’t arrest anyone. What I can say on this matter is that, as the head of a security service, I welcome when individuals fly the flag, so to speak, and indicate that they’re someone we should have an interest in. If people are silly enough to do that—whether it’s unlawful or not is a matter for law enforcement—I personally welcome people declaring their hand, which allows ASIO to conduct lines of inquiry and investigation into those individuals should they be a threat to security.

Senator ROBERTS: Are you sending two messages there? One is to encourage people to fly their flags even though it’s illegal. Or are you encouraging people to do that and be identified?

Mr Burgess: No; I’m just making the comment that if people are silly enough to do that, then it actually is something that we can use as a point of interest. Of course, if people are actually flying symbols which are unlawful, then they’re breaking the law. But I’ll leave that to our Federal Police colleagues to talk about when they’re up at estimates.

Senator ROBERTS: I didn’t think you had the power to arrest people, but what are your responsibilities? What avenues do you have?

Mr Burgess: We’re a security service. We get to investigate threats to security, including politically motivated violence, promotion of criminal violence, sabotage, foreign interference, espionage and anything that jeopardises the integrity of Australia’s border or attacks Australia’s defence systems.

Senator ROBERTS: The flying of a flag would be seen as flagging someone of suspicion to you, but it’s up to the police to prosecute.

Mr Burgess: It’s an indicator that there may be a violent ideology behind that. It might just be the actions of a misdirected individual who doesn’t really know what they’re doing.

Senator ROBERTS: By the way, I’ve read your opening statement, and I won’t be asking questions about the Gaza visas. Is it true that many Palestinian and Lebanese visa applicants are sympathisers of Hamas and Hezbollah?

Mr Burgess: Let’s get into a conversation about what a sympathiser is. Are you asking whether there are people who actually support listed terrorist organisations?

Senator ROBERTS: Yes.

Mr Burgess: Yes. Are they all supporting listed terrorist organisations? No. The nature of that support is actually—when we get involved in a process of looking at someone, a visa holder, if it’s referred to us or intelligence indicates that we should look at someone, we’ll look at everything that’s before us and available to us through our international partnerships to make an assessment of whether someone in that case represents a direct or indirect threat to security.

Senator ROBERTS: You look at individuals.

Mr Burgess: We’ll look at individuals when they’re referred to us or intelligence indicates that we need to look at someone, and we’ll investigate them with rigour.

Senator ROBERTS: Is it true that many Palestinian and Lebanese visa applicants are sympathisers of Hamas and Hezbollah. I’m told you do the screening in terms of security.

Mr Burgess: We’re looking at security, yes. A very small number of them turn out to be an indirect or direct threat to security, based on our current work.

Senator ROBERTS: At mosques in Sydney and Melbourne, there have recently been speakers preaching hate and violence to their followers in relation to antisemitic themes. Why have ASIO and the AFP not intervened and arrested these pedlars of death and destruction? I know that you can’t arrest someone.

Mr Burgess: I obviously won’t talk about specific cases, but if we’re looking at individuals who are actually very cleverly staying on the right side of the law but could be interpreted by someone as actually still giving permission for violence, of course we would be interested, and our investigative efforts would be applied with rigour. How much effort they get depends on what we find as we make our inquiries and up through our levels of investigation, including the use of special powers if warranted.

Senator ROBERTS: What do those special powers involve?

Mr Burgess: A range of interception, computer access warrants, enter and search operations. We get highly intrusive under a warrant authorised by the Attorney-General, if we have the grounds that warrant that.

Senator ROBERTS: If it involves a breach of the law, will you report it to the police?

Mr Burgess: We pass that straight to our partners in the law enforcement joint counterterrorism teams.

Senator ROBERTS: You work together with the AFP and the state police forces, presumably.

Mr Burgess: In every state and territory, there is a thing called a joint counterterrorism team, which includes the state or territory police forces, the Australian Federal Police and ASIO officers.

Senator ROBERTS: Coming back to Senator Rennick’s questions, what do you see as your responsibility once exposing a foreign agent?

Mr Burgess: If we’ve got a threat to security, someone’s engaged in foreign interference or espionage, we will deal with it through either an intelligence-led disruption or pass that matter over to our mates in the Counter Foreign Interference Taskforce, and the Australian Federal Police will take it from there, as was the case with the two Russian-born Australian citizens this year.

Senator ROBERTS: You and Senator Rennick may not have agreed on the words and not understood each other’s words, but do you need any laws passed to enable you to do your job better?

Mr Burgess: No, not at this stage.

Senator ROBERTS: Thank you, Mr Burgess.