Australian National Security Law: An introduction for policymakers

This course is available for on-campus & remote (online) learning. All students participate in interactive, real-time classes. In the past twenty years Australia has enacted an extraordinary number of new laws relating to national security, and the rate of new legislation in this field does not appear to be slowing. People who work in national security policy roles play an essential part in the development and review of these laws. To do this work well policy makers need a good understanding of Australia’s legal framework and the role of legislation in both granting powers and protecting rights to ensure that the State’s power over citizens in the name of national security is exercised consistently with Australia’s character as a liberal democratic society. This course is designed for students of national security policy – including serving and prospective policymakers. It will also be of interest to those who work (or want to work) in the field of security and intelligence as it provides insight into the ways that laws affect the work of security and intelligence agencies. After setting out some foundations and basic legal architecture, this course will focus on specific areas where the law has been used as a mechanism for implementing national security policy. These includes examination of surveillance and interception powers, laws designed to manage national security risks from foreign influence and laws intended to protect critical infrastructure. This course has a practical focus. The classes are highly interactive and students will learn and apply skills that will enable them to navigate and read legislation, propose law reform and prepare submissions for Parliamentary Committees. The program also features guest lectures from a broad range of practitioners as well as academics in the area of national security. A key theme running through this course is to question when the law can (or should) be used as a national security tool. Students will gain understanding of the process by which Australian national security law is made, and how the use of this body of law is overseen.