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National Security Information Act 2004

Sometimes, parties to a legal proceeding may need to use information classed as national security information.
The National Security Information (Criminal and Civil Proceedings) Act 2004 (NSI Act) gives courts a structure to follow where this information is disclosed, or is to be disclosed, in a legal proceeding.
The NSI Act can be used in both federal criminal proceedings and civil proceedings.
The Act aims to strike a balance between the interests of national security and the administration of justice.
Mechanisms in the Act include:
  • closed hearings
  • storage and handling requirements
  • security clearances for legal representatives.
It also allows parties to agree to arrangements about the disclosure of national security information. The Practitioners’ Guide to the NSI Act gives step-by-step advice on the procedures in the NSI Act.

Annual reports and NSI Act requirements

The NSI Act annual reports and Act requirements are available to download below: