Since September 11, Australia has enacted over 80 counterterrorism and national security laws. The laws are often controversial although usually passed quickly through Parliament.

The Independent National Security Legislation Monitor (INSLM) reports on whether such laws are necessary, proportionate to the threats that caused them to be enacted, and comply with human rights standards and international law obligations. The role has been described as “an important and valued component of Australia’s national security architecture”.

Lowy Institute Research Fellow Dr Rodger Shanahan had a conversation with the current Monitor, Dr James Renwick SC, where they discussed the role of the INSLM and two laws under his review: the so-called ‘encryption laws’ that allow security agencies to access encrypted messages; and the laws that lead to automatic loss of citizenship by dual citizens who engage in acts of terrorism.

Dr James Renwick SC is a member of the NSW Bar with a general commercial and public law practice, and particular interests in appellate, disciplinary, national security and inquiry work. He is an Adjunct Professor of Law at the Australian National University and since 2017 has been the Independent National Security Legislation Monitor.

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