“National security claims” too easily trump the actual delivery of justice in our courts and tribunals. Rex Patrick looks at tampering by our national security agencies, backed by successive Attorneys-General, in the delivery of justice in Australia, and how that tampering will likely result in a grave injustice for Afghan war crimes whistleblower David McBride.
In July last year, I stood outside an Administrative Appeals Tribunal (AAT) room in Melbourne where my application for access to 22 year old Timor-Leste sea boundary negotiations documents was being heard. I was not allowed to enter the room to listen to and rebut the Government’s argument against their release.
On May 3 2022 Attorney-General Michaelia Cash had issued what is known as an (AAT) Act Section 36 certificate.
The Attorney-General issues a certificate such as this on the basis of security advice from Australian’s national security agencies – the Australian Security Intelligence Organisation (ASIO), the Australian Secret Intelligence Service, other intelligence agencies, the Department of Defence and, in this particular case, the Department of Foreign Affairs and Trade.
The effect of these certificates is to prevent an applicant and the public from seeing evidence and arguments presented to the Tribunal by the Government. It’s the national security wildcard that can be dropped onto the table whenever our national security agencies think their interests are coming...
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