The Independent National Security Legislation Monitor Jake Blight's annual report, released this week, highlights that Australia's spy agencies are exempt from the Privacy Act, Freedom of Information Act, and the government's policy for responsible use of AI in government. Current internal rules allow agencies to keep data for longer, have wide exceptions to disclosure and use, and do not consider data use to train AI models.
The Monitor has done initial scoping on whether a bespoke regulatory framework for AI in the national intelligence community is needed, but that review has stalled. The 2024 Independent Intelligence Review first recommended such a review, but the government has not backed the finding, and the Monitor's ability to act without a referral was only given through own-motion review powers enacted in 2025.
A government spokesperson defended oversight as 'robust' and said decisions about own-motion reviews are a matter for the Monitor. Opposition home affairs spokesman Jonno Duniam said any regulatory changes must recognise the operational requirements of security agencies, adding that restrictions should not undermine their capacity to protect Australians.
The Monitor noted that some agencies, including ASIO and the Australian Signals Directorate, have voluntarily published AI use frameworks, but not all have followed. The Monitor himself steps down on November 25, and his successor has not yet been announced.