Senator James Paterson questions Home Affairs role after ASIO and AFP pulled from portfolio

Questions have been raised about the efficacy of the Home Affairs portfolio after two major security agencies were pulled and transferred to another minister.

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Questions have been raised on whether the office of the Home Affairs Minister is less effective following the removal of two key national security bodies under a different portfolio. In a July cabinet reshuffle, which transferred Clare O’Neil’s Home Affairs portfolio to Tony Burke, the responsibilities for intelligence office ASIO and the AFP were also shifted to Attorney-General Mark Dreyfuss. The move also gave Mr Burke responsibility for the portfolios for the arts, cyber security, immigration and multicultural affairs, as well as his role as Leader of the House.

Despite this, the Home Affairs portfolio is still responsible for national security operations. During Senate estimates on Monday, senator James Paterson asked how Mr Burke could “actually be responsible for national security operations if the two key operational agencies are no longer in his portfolio”, with ASIO and AFP also reporting to Mr Dreyfuss. In response, Home Affairs secretary Stephanie Foster the department and minister had a “very strong, close working relationship” between both bodies.



“I was obviously not present at the time that AFP moved out of the portfolio, but I was when ASIO did, and if anything ASIO director general Mike Burgess and I speak more frequently, (and) engage more frequently under these arrangements than we did before,” she said. Later, Senator Paterson said he didn’t believe the minister had any “operational levers” to carry out national security policy, adding that they weren’t “responsible for three of the key counter terrorism policy levers, including terrorism listings, the threat level and the high risk terrorist spenders regime”. Senator Paterson questioned whether the changes reduced the minister’s decision-making abilities.

“So the Minister of Home Affairs is responsible for counter terrorism, national security policy operations, but it’s not clear to me that the minister has any operational levers, because they don’t have ASIO or AFP in the portfolio anymore,” he said. “Nor do they appear to be responsible for three of the key counter terrorism policy levers, including terrorism listings, the threat level and the high risk terrorist spenders regime.” Ms Foster said the minister continued to have responsibility for the “operational arm of the department”.

Using the example of listing of terrorist organisations, she said it was the Home Affairs department who compiles the case of the potential listings, with the advice communicated to the minister, who then briefs the Attorney-General. “It fits with the department’s role in co-ordinating counter terrorism policy across government,” she said..