National Security Information Act
The National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) (the NSI Act) provides a procedure for courts to follow where information that relates to, or the disclosure of which may affect, national security is sought to be introduced during a federal criminal proceeding or a civil proceeding conducted in a Commonwealth, State or Territory court. The provisions of the NSI Act do not affect the court’s inherent discretion or general ability to control the conduct of the proceeding and will not operate to prevent the disclosure of information if, in the circumstances, non-disclosure would seriously interfere with the administration of justice.
In June 2008 the Attorney-General released the first edition of the Practitioners’ Guide to the NSI Act. The Practitioners’ Guide provides step by step advice on the procedures set out in the NSI Act for the disclosure, handling and storage of national security information.
A hard copy of the Practitioners’ Guide can be requested from the Security Law Branch of the Attorney-General's Department on NSIActGuide@ag.gov.au and an electronic copy can be accessed below.