Australia's National Security Information Act faces substantial changes following a review that deems certain provisions “unnecessary and oppressive”. 

The Independent National Security Legislation Monitor, Grant Donaldson, has proposed a comprehensive overhaul, highlighting concerns about overreach in the act's application.

Donaldson, who examined the entire National Security Information Act, says there is a need to “demystify” the law and enhance open justice. 

In his 40 recommendations, he has called for the repeal of provisions mandating closed court hearings and suggested reforms to secrecy offences, some of which he described as “dramatically” overreaching.

The review underscores the importance of balancing national security with the rights of defendants. 

Donaldson urged the protection of communication between defendants and their lawyers, saying defendants should not be compelled to disclose information to the prosecution if not otherwise required.

One of the cases prompting the review involved Witness J, identified as Alan Johns, an intelligence officer whose proceedings were entirely concealed under the Act's secrecy provisions. 

Donaldson criticised the secrecy surrounding the case as a “shameful tale” and called for greater transparency in court proceedings.

The report also rejected the proposal for a dedicated national security court, citing concerns about the potential capture of judges by the executive government.

In response to the review, Attorney-General Mark Dreyfus says that the federal government would carefully consider the 40 recommendations. 

He has noted the government's commitment to protecting national security information while upholding principles of open justice.

Human Rights Law Centre senior lawyer Kieran Pender has expressed support for the review's findings, saying that the current laws fail to safeguard open justice and fair trial rights. 

The centre is calling for urgent legislative action to strike a better balance between secrecy and transparency in the court system.

While the Australian Federal Police expressed strong support for retaining the National Security Information Act, it welcomed considerations for enhancements to ensure its continued relevance and effectiveness.