Latest news with #Asio
The Guardian
4 days ago
- Politics
- The Guardian
Australian army officer stripped of security clearance over Israel loyalty leaves defence force
An officer in the Australian army, stripped of his security clearance because Asio believed he was more loyal to Israel, has left the Australian defence force. In February, Guardian Australia revealed the man had his clearance revoked after the administrative review tribunal (ART) upheld Asio's assessment that he was not of 'appropriate character and trustworthiness to hold any security clearance'. At the time of the ART decision, the man was in the inactive reserve pending administrative action but Guardian Australia understands he has now left the ADF. The man, anonymised in the ruling as HWMW, had told Asio interviewers he did not view Israel as a foreign government and that he would share classified information with the Israel Defense Forces if asked. Sign up: AU Breaking News email Asio said the officer, who is Jewish and had served 19 years in the Australian military, withheld information from Australian officials about training courses he undertook in Israel – where he is not a citizen – in 2016 and 2019, which included self-defence, security and firearms training. The training was for a Sydney community security group (CSG) – an organisation that provides security and intelligence services to the Jewish community – in which he volunteered between 2014 and 2023. The officer had said in cross-examination that withholding the information was not a lie but not a 'complete disclosure'. HWMW told interviewers the CSG training he did could be considered a 'natural recruiting pool' for the Mossad, which would probably be aware of the courses. The Greens senator and defence spokesperson, David Shoebridge, questioned defence officials in Senate estimates in February on whether there had been any review undertaken of ADF members who may have undertaken similar training by CSG 'that makes them incredibly susceptible to recruitment by a foreign government'. In a response tabled in the Senate this week, defence stated all security clearance holders have their suitability to hold the clearance reviewed on a regular basis, and an assessment of external loyalties is a key part of this process. 'Security clearance holders are required to report foreign contacts, in addition to a range of other issues that may impact their suitability to hold a clearance,' the department stated. Shoebridge said on Friday the department had failed to answer his question on whether a review of CSG groups had been undertaken. 'This should have been a simple exercise, having discovered an ADF member undertook secret training associated with a foreign government, then the exit should have been rapid,' he said. '[In defence] overarching loyalty to the US and its allies is seen as normal and entirely consistent with Australia's national interest. 'It is not, and this shows again the lack of genuine independence in so much of our defence and foreign policy.' The Asio director general, Mike Burgess, told Senate estimates in February that the case raised 'potential concerns' but said: 'I want to be clear here on the public record – there is nothing wrong with the community security groups'. He said, however, that it was important for people to be transparent about their involvement with the groups in overseas training. '[CSGs] perform a decent function, an important function, especially in times like this, [the] training they might provide to help provide security to members of the Jewish community is fine,' Burgess said. 'Of course, there is an element of that that in some cases it may be the case that that training done overseas in Israel might present an opportunity.'
The Guardian
5 days ago
- Politics
- The Guardian
Howard-era Asio questioning powers ‘never intended to be permanent', Australia's human rights chief warns
The boss of Australia's human rights commission has questioned Labor's moves to make Asio's powers for compulsory questioning permanent, warning a planned expansion of the 9/11-era laws must include robust safeguards for individuals. The home affairs minister, Tony Burke, introduced two pieces of legislation this week designed to remove so-called sunset provisions on the domestic spy agencies' powers to compel cooperation. The rules act as effective expiry dates on the powers and require parliament to reconsider their reach on a regular basis. Labor will also add sabotage, promotion of communal violence, attacks on the defence system and serious threats to Australia's border security to the rules for compulsory questioning. Under the Australian Security Intelligence Organisation Act, intelligence operatives have powers to issue a questioning warrant requiring a person as young as 14 to give information or produce items that may assist in a serious investigation. Sign up: AU Breaking News email Introduced after the 11 September 2001 terrorist attacks in the US, the powers have hardly been used since 2020, with just four warrants served on three people, in counter-terror and espionage cases. The human rights commissioner, Lorraine Finlay, said Asio should have the necessary powers to protect Australians, but that the current compulsory questioning powers are extraordinary in their intrusions on a number of fundamental human rights, 'and were never intended to be permanent'. 'The two bills introduced by the government propose to not only extend, and then repeal entirely, the existing sunset provision to make these compulsory questioning powers permanent, but also in some respects to expand the scope of the existing powers,' she said. Finlay said the commission would closely consider the proposed changes and engage with an inquiry expected to be run by parliament's joint committee on intelligence and security (PJCIS). She said any limitations on human rights must be necessary and proportionate, and come with 'robust safeguards'. The Greens justice spokesperson, David Shoebridge, said the laws should be considered by a transparent and open inquiry, not run by the PJCIS, which is dominated by Labor and the Coalition. 'Making permanent these oppressive Howard-era powers is already deeply troubling, but they are going even further and expanding when and how they can be used,' he said. 'History shows that once governments get these intrusive powers they never want to let them go, and that is exactly what we see here with the sunset provisions now being stripped out. 'Asio wants these powers and the major parties are falling over themselves to deliver them through a stitched-up secret parliamentary inquiry regardless of what the public thinks.' Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion Shoebridge said parliamentary scrutiny of the plan must include public hearings. 'There are real questions about how these new powers could be used to target legitimate protesters and critics of the government, harsh immigration laws and the defence establishment.' The powers are scheduled to sunset on 7 September this year. They will be temporarily extended, for 18 months, to allow parliament to consider the wider bill, which would make the powers permanent. Introducing the changes to parliament this week, Burke said Asio should retain the powers 'to navigate an increasingly complex, challenging and changing security environment and deliver on its mission to protect the safety of Australia and Australians'. When the laws were first introduced, Howard government attorney general Daryl Williams described them as 'extraordinary' and 'a measure of last resort'.
The Guardian
7 days ago
- Politics
- The Guardian
Asio's 9/11-era questioning powers to become permanent despite warnings from human rights advocates
Labor will make domestic spy agency Asio's powers for compulsory questioning permanent and expand offences covered by the rules, ignoring warnings from human rights advocates about the need for ongoing parliamentary scrutiny. The home affairs minister, Tony Burke, introduced legislation on the first full day of parliamentary sittings to add sabotage, promotion of communal violence, attacks on the defence system, and serious threats to Australia's border security to the rules for compulsory questioning. But the bill would also end so-called sunset provisions, the effective expiry dates which require parliament to reconsider the powers on a regular basis. Under the Australian Security Intelligence Organisation Act, intelligence operatives have powers to issue a questioning warrant requiring a person as young as 14 to give information or produce items that may assist in a serious investigation. The powers are scheduled to sunset on 7 September this year. They will be temporarily extended, for 18 months, to allow parliament to consider the wider bill, which would make the powers permanent. Introduced in the wake of the September 11, 2001 terror attacks in the United States, the powers have hardly been used since 2020, with just four warrants served on three people, in counter-terror and espionage cases. Part of a slew of new legislation introduced to federal parliament on Wednesday, Burke called powers in the bill 'a vital capability in protecting Australia and Australians from threats to their security.' 'Since its introduction, the framework has been subject to five parliamentary reviews and two independent reviews, causing the Parliament to extend the sunset date five times,' he said. 'Removing the sunset provision reflects the government's view that these powers now form an essential part of Asio's collection powers, particularly in light of the threat environment.' Burke said existing safeguards and oversight mechanisms would be protected, including oversight by the Inspector-General of Intelligence and Security. 'ASIO has used these powers judiciously in circumstances where Asio's other powers were not appropriate for the circumstances.' In his annual threat assessment speech in February, Asio director-general Mike Burgess said he expected sabotage to pose an increasing threat to Australia in the next five years, even on defence assets like submarines secured under the Aukus agreement. Burgess said definitions and responses to serious threats were changing, even suggesting it was conceivable Russia could target Australia for sabotage in the future. 'An attempt to physically damage a nuclear-powered submarine could simultaneously be an act of sabotage, an act of politically motivated violence, an act of foreign interference and an attack on a defence system,' he said. Australian human rights commissioner Lorraine Finlay has previously warned against moves to extend the compulsory questioning laws, noting the ongoing use of powers that were initially designed to be temporary. The commission told a parliamentary inquiry considering the laws that in many instances, the questioning powers 'limit human rights without reasonable justification under international human rights law.' It noted that when introducing the laws, the Howard-era attorney-general, Daryl Williams, described them as 'extraordinary' and said they were to be considered 'a measure of last resort'. The Law Council also objected to extending the powers, telling the inquiry their sparing use indicated other existing investigative powers were sufficient for Asio operatives, and the thresholds for issuing warrants should be raised. The changes could pass parliament with support of the Coalition later this year. The previous inquiry lapsed at the federal election, before handing down a report.
The Guardian
17-07-2025
- The Guardian
Victoria police charge man accused of stealing ‘communal crime car' used in Adass Israel synagogue arson attack
A man accused of stealing 'a communal crime car' used in an arson attack on a Melbourne synagogue has been arrested and charged, with Victoria police also alleging he blocked detectives from accessing apps on his phone. The attack on the ultra-Orthodox Adass Israel synagogue in December is still being investigated as a politically motivated attack by the Victorian joint counter-terrorism team, which includes representatives from the federal police and the domestic spy agency, Asio. The man, 20, was arrested in the Melbourne suburb of Williamstown on Wednesday and has been charged with theft of a blue VW Golf in November, which police allege was later used by those involved in the attack on the Adass Israel synagogue and other crime. Sign up for Guardian Australia's breaking news email He was also charged with failing to comply with a police order under the Crimes Act to provide detectives with access to applications on his phone. Leaders of the Adass community were briefed on the situation by senior members of Victoria police, including lead investigators, shortly after the arrest on Wednesday. They have been briefed on an almost weekly basis. So far, police have not arrested anyone accused of ordering or carrying out the attack. On Thursday, the Age reported the investigation had 'stalled', in part due to the use of encrypted technology concealing the identities of those involved. Victoria police did not comment on the use of encrypted technology, but said the investigation remained a priority and was still being investigated as a likely terrorist attack. After the arrest, police searched a home in the suburb of Melton South, where detectives seized 'items subject to further investigation'. Previously described as a 'communal crime car' by police, officials say the vehicle was also used in an arson attack at the Lux nightclub in Melbourne's South Yarra in November as well as a shooting in Bundoora the same night as the synagogue fire. The nightclub fire and shooting are being investigated by Victoria police and are not considered politically motivated. The car has also been linked to 'a number of serious and violent crimes' including aggravated burglaries and 'petrol drive-offs' in Brunswick, Cranbourne North, Caulfield South and Hampton. In May, police said that car had been fitted with cloned plates. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion Police said CCTV footage of the attack on the Adass Israel synagogue showed a 'blue Golf … drive past the Adass Israel synagogue multiple times before parking outside the main entrance on 6 December 2024'. Police said the footage then showed 'three individuals dressed in hoodies and masks get out of the vehicle and use an axe to damage the entrance of the synagogue', and 'at least two individuals commence pouring the contents of red jerry cans inside the entrance of the synagogue, before entering the building'. 'It shows the individuals making multiple trips to the Golf to get more jerry cans, which were poured inside the synagogue before the liquid was ignited.' Police allege one person recorded the attack on their phone. The 20-year-old man was granted conditional bail and will appear in court on 3 October.
The Guardian
12-07-2025
- Politics
- The Guardian
Sydney family of Palestinian woman from Gaza plead with home affairs minister over visa cancellation
The family of a Palestinian grandmother detained in Sydney by immigration authorities after a pre-dawn raid have pleaded with the home affairs minister, Tony Burke, for answers about her visa cancellation and 'real representation' to secure her freedom. Maha Almassri, 61, was on Thursday morning awoken by border force officers at her son's home in western Sydney. She had fled Gaza in February 2024 and entered Australia on a visitor visa shortly afterwards. She was granted a bridging visa in June 2024 after applying for a protection visa. Almassri was moved to Villawood detention centre on Thursday, after being told that her bridging visa had been cancelled after she failed a character test. According to the Migration Act, a person does not pass the character test if they have been assessed by the Australian Security Intelligence Organisation (Asio) to be a direct or indirect risk to security. On Saturday, Mohammed Almassri, Maha's cousin, told Guardian Australia the family had been given no further information by the government explaining why she was detained and the nature of the threat she posed to national security. Addressing Burke – the local member for Watson, where Almassri's son lives – directly, Mohammed pleaded for his cousin's freedom. 'We need our auntie back, we need her freedom. She left Gaza [because of] the war and now you put her in detention – that's not right,' he said. 'Why did she fail the security check? Answer our question, please, Tony Burke.' He said the family and Muslim community felt let down by its local member. 'When he won, we thought he would represent our community,' Almassri said, adding the family was concerned about his cousin's physical and mental health as she remains in Villawood. 'We all worry about her because she feels alone, she feels down, she doesn't know what to do. The situation is horrible for her. She's crying all the time. I feel so sorry about her.' In a statement released on Friday, the family, led by Maha's brother-in-law, Soliman Almassri, said its members had voted for Burke after 'advice from community elders that minister Tony Burke [was] the best candidate to represent our community in the current climate'. 'We would like to see real representation of our family and an effective resolution to this dilemma,' they said. They said Almassri 'remains perplexed about the dawn raid' and they 'continue to comfort and reassure her that she is in a peaceful country where a fair justice system prevails'. Sign up for Guardian Australia's breaking news email Some media coverage of Maha's detention had spawned some 'vile anti-Muslim' sentiment, they said, urging the matter to be dealt with 'in accordance with human rights'. They said two other Palestinians from Gaza had also been detained by immigration authorities after raids, one of whom was understood to have been detained on Monday. Mohammed said neither was related to his family. Burke's office did not add to remarks made on Thursday, when the minister said he would not be commenting on the visa cancellation and that the information provided by the family was 'not necessarily consistent with the information supplied by our intelligence and security agencies'. On Friday, the shadow home affairs minister, Andrew Hastie, questioned the thoroughness of the security checks that had resulted in Almassri's visitor visa being granted. 'How does the government intend to remove this person from Australia given the minister previously said no one can be sent back to Gaza at the moment?' he asked, as reported by News Corp. The Almassri family's pleas come after a pro-Palestinian demonstration in western Sydney on Friday afternoon, which was attended by about 150 supporters. The protest, which one attender said was policed by about 50 police officers, took place outside SEC Plating in Belmore, the location of a scuffle that on 27 June left former Greens candidate Hannah Thomas in hospital with a serious eye injury and.
