National Security Information Act

The National Security Information (Criminal and Civil Proceedings) Act 2004 (NSI Act) provides a framework for how national security information is disclosed and protected in criminal and civil proceedings. It balances the need to protect national security information with the principle of open justice. Ultimately, the NSI Act gives the court power to make orders it considers appropriate in the particular proceedings.

The NSI Act is supported by the National Security Information (Criminal and Civil Proceedings) Regulation 2015 (the Regulation). The Regulation prescribes, for the purposes of the NSI Act, the requirements for accessing, storing, handling, destroying and preparing security classified documents and national security information in federal criminal and civil proceedings to which the NSI Act applies.

NSI Act Annual reports

The Attorney-General is required by section 47 of the NSI Act to provide a report to Parliament in respect of non‑disclosure and witness exclusion certificates given during each year ending 30 June under sections 26, 28, 38F and 38H of the Act, and special court orders and special advocate appointments made in control order proceedings (Division 104 of the Criminal Code) under sections 38J and 38PA of the NSI Act.

Access the NSI Act Annual reports.

Practitioners’ Guide to the NSI Act

The Practitioners’ Guide to the NSI Act gives step-by-step advice on the procedures in the NSI Act. The Practitioners’ Guide is currently being updated.