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National Security Information Act 2004

A structure for courts to follow where national security information is disclosed in a legal proceeding

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.

Practitioners’ Guide to the National Security Information Act 2004 Act

Guidelines
Step-by-step advice on the procedures in the National Security Information Act 2004. 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.

National Security Information (NSI) Act Requirements

Guidelines
This document sets out the requirements relating to national security information that is, or is to be, disclosed in a federal criminal proceeding or civil proceeding under the National Security Information (Criminal and Civil Proceedings) Act 2004 (the Act).

National Security Information (Criminal and Civil Proceedings) Act 2004 Annual reports

Report
Annual report of nondisclosure and witness exclusion certificates given, special court orders made and special advocates appointed in control order proceedings.