How Kristina Keneally voted compared to someone who believes that there should be more scrutiny or oversight of the actions and powers of Australian intelligence and law enforcement agencies, including the Australian Security Intelligence Organisation (ASIO), the Australian Secret Intelligence Service (ASIS) and the Australian Federal Police (AFP)

Division Kristina Keneally Supporters vote Division outcome

4th Dec 2019, 12:09 PM – Senate Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Bill 2019 - Second Reading - Agree with bill's main idea

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The majority voted in favour of a motion to agree with the main idea of the bill. In parliamentary jargon, they voted to read the bill for a second time.

What is the bill's main idea?

According to the bills digest, the bill was introduced to:

  • Expand the existing presumption against bail for persons charged with or convicted of certain Commonwealth offences to include a broader group of individuals, including those that a bail authority is satisfied have made statements or carried out activities supporting terrorist acts or advocating support for terrorist acts; and also apply it to bail decisions in relation to other Commonwealth offences if a person was previously charged with or convicted of certain offences
  • Introduce a presumption against parole that will apply in similar circumstances to the expanded presumption against bail
  • Provide an exception to the minimum non-parole period for certain offences, where an offender is under 18 years of age and exceptional circumstances exist
  • Provide that in determining whether exceptional circumstances exist to justify going against the presumption against bail or parole, or setting a shorter non-parole period, in relation to a person under 18 years of age a court must have regard to certain matters
  • Expand the eligibility for the continuing detention order (CDO) scheme for high risk terrorist offenders by ensuring that terrorist offenders who are imprisoned for a terrorism offence and another offence remain eligible for consideration for a CDO at the conclusion of the term of their imprisonment and
  • Remove the requirement for an individual in relation to whom an application has been made for a CDO to be provided with a complete copy of the application in certain circumstances.
absent No Passed by a modest majority

14th Oct 2019, 8:23 PM – Senate Crimes Legislation Amendment (Police Powers at Airports) Bill 2019 - in Committee - Add a sunset provision

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The majority voted in favour of an amendment introduced by South Australian Senator Rex Patrick (Centre Alliance), which means it succeeded. The bill will now need to be returned to the House of Representatives, where our MPs will decide on whether they agree with this amendment or not.

The amendment will introduce a sunset provision into the bill so that the new powers will need to be reconsidered once four years have passed. The Parliamentary Joint Committee on Intelligence and Security is will be conducting a review of this legislation in three years time, so Parliament should have the benefit of that review by that time.

Amendment text

(1) Schedule 1, item 1, page 3 (before line 8), before section 3UL, insert:

3ULA Expiration of this Division

This Division is repealed at the start of the day after the end of the period of 4 years beginning on the day the Crimes Legislation Amendment (Police Powers at Airports) Act 2019 commenced.

What does the bill do?

According to the bills digest:

The Crimes Legislation Amendment (Police Powers at Airports) Bill 2019 (the 2019 Bill) will amend the Crimes Act 1914 to:

  • expand existing police powers to require identity information from a person at a major airport
  • introduce new move-on powers for police under which they may give a written direction to a person at a major airport that the person not take a flight, or leave the airport as soon as possible
  • introduce new powers for police to give a direction to a person at a major airport that the person stop or do anything else considered necessary to facilitate the exercise of the identity information request or move-on powers and
  • allow the Minister to determine by legislative instrument that certain airports are major airports for the purposes of the exercise of powers outlined above.

While the existing identity-checking power may only be exercised by a constable, the expanded and new powers in the Bill will be available to constables and Australian Federal Police (AFP) protective service officers (PSOs). Contravening a direction will be an offence.

Yes Yes Passed by a small majority

1st Aug 2019, 11:34 AM – Senate Australian Security Intelligence Organisation Amendment (Sunsetting of Special Powers Relating to Terrorism Offences) Bill 2019 - Second Reading - Agree with bill's main idea

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The majority voted in favour of a motion to agree with the bill's main idea. In parliamentary jargon, they voted to read the bill for a second time. This means that the senators can now discuss the bill in greater detail.

What is the bill's main idea?

This bill was introduced to extend the operation of certain special powers relating to suspected terrorism offences to 7 September 2020. Currently, those powers are due to sunset (that is, stop being part of our law) on 7 September 2019.

What are the special powers?

The special powers extended by this bill are the power to issue questioning warrants (QWs) and questioning and detention warrants (QDWs) in relation to suspected terrorism offences. They are extraordinary because they can be issued in relation to someone even though they are not suspected of, or charged with, any offence. In other words, these warrants are an intelligence-gathering and preventative power. Someone might be subject to these warrants because they can provide information about a potential terrorism offence and they may be detained in order to prevent them from damaging evidence or alerting someone involved in a terrorism offence that their actions are being investigated.

These powers have been extended several times since they were first introduced in 2002. More information is available in the bills digest.

Yes No Passed by a large majority

25th Jul 2019, 4:19 PM – Senate Counter-Terrorism (Temporary Exclusion Orders) Bill 2019, Counter-Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Bill 2019 - in Committee - Oversight

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The majority voted against amendments introduced by SA Senator Rex Patrick (Centre Alliance), which means it failed.

What would the amendments do?

Senator Patrick explained that:

The amendment will amend the Intelligence Services Act to remove most, although not all, the current legislative constraints on the scope of the [Parliamentary Joint Committee on Intelligence and Security]'s inquiries, and would allow the committee to review the operational performance of our intelligence agencies—a vital aspect of any effective scrutiny regime. The proposed amendment to the role of the PJCIS does retain existing prohibitions on:

… reviewing information provided by, or by an agency of, a foreign government where that government does not consent to the disclosure of the information; …

It also retains the prohibition on conducting inquiries into individual complaints about the activities of designated intelligence and national security agencies, as those complaints are appropriately dealt with by the Inspector-General of Intelligence and Security.

No Yes Not passed by a modest majority

20th Sep 2018, 12:27 PM – Senate Motions - Right to Privacy - Protect

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The majority voted against a motion introduced by Greens Senator Jordan Steele-John (WA), which means it failed.

Motion text

That the Senate—

(a) notes that:

(i) in 2013, the UN General Assembly affirmed that the rights held by people offline must also be protected online, and it called upon all states to respect and protect the right to privacy in digital communication,

(ii) on 13 September 2018, the European Court of Human Rights (ECHR) ruled that the methods for bulk interception of online communications used by the United Kingdom's (UK) Government Communications Headquarters violated privacy and failed to provide sufficient surveillance safeguards,

(iii) the ECHR ruled that safeguards must indicate "the nature of offences which may give rise to an interception order; a definition of the categories of people liable to have their communications intercepted; a limit on the duration of interception; the procedure to be followed for examining, using and storing the data obtained; the precautions to be taken when communicating the data to other parties; and the circumstances in which intercepted data may or must be erased or destroyed",

(iv) the legal challenge was brought by Big Brother Watch and Others following revelations by National Security Agency whistleblower, Mr Edward Snowden, in 2013 that intelligence services were covertly intercepting, processing, and storing communications data in bulk, and

(v) Australian mass surveillance laws, including the proposed Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018, are based on the UK Investigatory Powers Act 2016, also known as the Snoopers' Charter; and

(b) calls on the Federal Government to:

(i) consider Australia's obligations under the UN Declaration of Human Rights and international laws, including the European General Data Protection Regulation, and

(ii) review Australian privacy and surveillance laws, to ensure Australians' human rights are upheld, including their right to privacy, and that sufficient safeguards are enshrined in legislation.

No Yes Not passed by a modest majority

16th Aug 2018, 11:38 AM – Senate Counter-Terrorism Legislation Amendment Bill (No. 1) 2018 - Second Reading - Agree with bill's main idea

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The majority voted in favour of a motion to agree with the main idea of the bill. In parliamentary jargon, they voted to read the bill for a second time.

What is the bill's main idea?

According to the bills digest, the bill was introduced to:

  • Extend provisions relating to control orders, preventative detention orders and the declared area offence, and terrorism-related stop, search and seizure powers, currently due to sunset on 7 September 2018, for a further three years
  • Extend provisions relating to questioning warrants and questioning and detention warrants, also currently due to sunset on 7 September 2018, for a further 12 months and
  • Implement the Government’s response to certain recommendations made by the Independent National Security Legislation Monitor (INSLM) and the Parliamentary Joint Committee on Intelligence and Security (PJCIS) in their most recent reviews of those provisions by: > * increasing the minimum period between an interim control order being made and the date set for a confirmation hearing from 72 hours to seven days > * allowing interim control orders to be varied > * clarifying the status of the original request for an interim control order in confirmation hearings > * providing that the issuing court must not make an order for costs against the person in relation to whom a control order is sought or has been made (subject to a limited exception) > * requiring the Australian Federal Police (AFP) to notify the PJCIS in writing of the making of an initial preventative detention order as soon as reasonably practicable > * amending the exception to the declared areas offence to include performing an official duty for the International Committee of the Red Cross > * enabling the Minister for Foreign Affairs to revoke a declaration of an area, and the PJCIS to review a declaration of an area, at any time > * requiring the AFP Commissioner to report to the relevant Minister, the INSLM and the PJCIS as soon as practicable after any exercise of the stop, search and seizure powers and > * requiring the Minister to report annually to Parliament on the use of the stop, search and seizure powers.
Yes No Passed by a large majority

28th Jun 2018, 6:54 PM – Senate National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018 - in Committee - Increasing oversight

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The majority voted against amendments introduced by Centre Alliance Senator Rex Patrick, who explained that:

this amendment seeks to amend the Intelligences Services Act to extend the oversight role of the Parliamentary Joint Committee on Intelligence and Security to cover the operations of those agencies.

...

In my first speech to the Senate last December, I highlighted the need for parliamentary scrutiny of our intelligence community to extend beyond questions of administration and finance to matters of policy and effectiveness and, indeed, operational matters. The PJCIS is currently severely limited in the scope of its oversight role.

What does this bill do?

This bill was introduced to:

  • amend existing, and introduce new, espionage offences relating to a broad range of dealings with information, including solicitation and preparation and planning offences;
  • introduce new offences relating to foreign interference with Australia’s political, governmental or democratic processes;
  • replace the existing sabotage offence with new sabotage offences relating to conduct causing damage to a broad range of critical infrastructure that could prejudice Australia’s national security;
  • introduce a new offence relating to theft of trade secrets on behalf of a foreign government;
  • amend existing, and introduce new, offences relating to treason and other threats to national security, such as interference with Australian democratic or political rights by conduct involving the use of force, violence or intimidation; and
  • introduce a new aggravated offence where a person provides false or misleading information relating to an application for, or maintenance of, an Australian Government security clearance.

Read more in the bills digest.

absent Yes (strong) Not passed by a modest majority

28th Jun 2018, 6:12 PM – Senate National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018 - in Committee - Sunset provision

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The majority voted against a motion to introduce the following sunset provision to the bill:

This Act is repealed at the start of the day 3 years after the day this Act receives the Royal Assent.

This motion was introduced by Greens Senator Nick McKim.

What does this bill do?

This bill was introduced to:

  • amend existing, and introduce new, espionage offences relating to a broad range of dealings with information, including solicitation and preparation and planning offences;
  • introduce new offences relating to foreign interference with Australia’s political, governmental or democratic processes;
  • replace the existing sabotage offence with new sabotage offences relating to conduct causing damage to a broad range of critical infrastructure that could prejudice Australia’s national security;
  • introduce a new offence relating to theft of trade secrets on behalf of a foreign government;
  • amend existing, and introduce new, offences relating to treason and other threats to national security, such as interference with Australian democratic or political rights by conduct involving the use of force, violence or intimidation; and
  • introduce a new aggravated offence where a person provides false or misleading information relating to an application for, or maintenance of, an Australian Government security clearance.

Read more in the bills digest.

absent Yes Not passed by a modest majority

28th Jun 2018, 10:17 AM – Senate National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018 and another - Second Reading - Oversight

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The majority voted against a motion to add the following words to the normal second reading motion "that the bills be read a second time". (Reading bills for a second time is parliamentary jargon for agreeing to the bills' main idea.)

Motion text

At the end of the [normal second reading] motion, add:

", and:

(a) the amendments circulated by Senator Patrick on sheet 8446 be referred to the Parliamentary Joint Committee on Intelligence and Security for inquiry and report by 13 August 2018; and

(b) further consideration of the bill be made an order of the day for the first sitting day after the committee has reported."

The amendments referred to in the motion text relate to the issue of the oversight of intelligence services.

What do these bills do?

These bills were introduced to target foreign influence in Australia by creating a new transparency scheme and introducing a series of new offences targeting things like sabotage, treason and espionage.

Foreign Influence Transparency Scheme Bill 2018

This bill was introduced to establish the Foreign Influence Transparency Scheme to, which will:

  • require registration by certain people undertaking certain activities on behalf of a foreign principal;
  • require registrants to disclose information about the nature of their relationship with the foreign principal and activities undertaken pursuant to that relationship;
  • place additional disclosure requirements on registrants during elections and other voting periods;
  • establish a register of scheme information and provide for certain information to be made publicly available;
  • provide the secretary with powers to obtain information and documents; and
  • establish various penalties for non-compliance with the scheme.

Read more in the bills digest.

National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018

This bill was introduced to:

  • amend existing, and introduce new, espionage offences relating to a broad range of dealings with information, including solicitation and preparation and planning offences;
  • introduce new offences relating to foreign interference with Australia’s political, governmental or democratic processes;
  • replace the existing sabotage offence with new sabotage offences relating to conduct causing damage to a broad range of critical infrastructure that could prejudice Australia’s national security;
  • introduce a new offence relating to theft of trade secrets on behalf of a foreign government;
  • amend existing, and introduce new, offences relating to treason and other threats to national security, such as interference with Australian democratic or political rights by conduct involving the use of force, violence or intimidation; and
  • introduce a new aggravated offence where a person provides false or misleading information relating to an application for, or maintenance of, an Australian Government security clearance.

Read more in the bills digest.

No Yes Not passed by a modest majority

26th Jun 2018, 6:45 PM – Senate Committees - Legal and Constitutional Affairs Legislation Committee - Refer foreign interference bills

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The majority voted against a motion to refer two bills targeting foreign interference in Australia to the Legal and Constitutional Affairs Legislation Committee, which means they won't be referred.

Senator Brian Burston (NSW) crossed the floor and voted against the rest of the Pauline Hanson's One Nation Party by voting "No".

Motion text

That the provisions of the following bills be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 14 August 2018:

(a) National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017; and

(b) Foreign Influence Transparency Scheme Bill 2017.

No Yes Not passed by a modest majority

9th May 2018, 11:03 AM – Senate Home Affairs and Integrity Agencies Legislation Amendment Bill 2017 - in Committee - Parliamentary oversight

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The majority voted against amendments introduced by Centre Alliance Senator Rex Patrick calling for greater parliamentary oversight of Australia's national security and intelligence services.

Senator Patrick explained that:

These amendments will amend the Intelligence Services Act 2001 to extend parliamentary scrutiny to the operation of Australia's national security and intelligence agencies. ... Centre Alliance considers it imperative to improve parliamentary oversight of Australia's intelligence agencies as they face greater challenges and are given more resources and powers to intrude into the lives of Australian citizens. Australia's 10 national security and intelligence agencies employ more than 7,000 people and spend well over $2 billion per annum while they accumulate massive amounts of data at home and abroad. As the intelligence agencies have expanded, the mechanisms of accountability and review have received much less attention and fewer resources.

What does this bill do?

The bills digest explains that:

On 18 July 2017, the Prime Minister announced that the Government would establish a Home Affairs portfolio that will bring together Australia’s immigration, border protection, law enforcement and domestic security agencies in a single portfolio. Australian governments had previously considered but rejected the establishment of something similar to the US Department of Homeland Security or the UK Home Office on several occasions since the early 2000s. The new portfolio will be ‘modelled loosely’ on the UK’s arrangements, comprising a central department responsible for policy and strategic planning and several agencies that will retain their statutory independence.

No Yes (strong) Not passed by a modest majority

How "voted moderately against" is worked out

The MP's votes count towards a weighted average where the most important votes get 50 points, less important votes get 10 points, and less important votes for which the MP was absent get 2 points. In important votes the MP gets awarded the full 50 points for voting the same as the policy, 0 points for voting against the policy, and 25 points for not voting. In less important votes, the MP gets 10 points for voting with the policy, 0 points for voting against, and 1 (out of 2) if absent.

Then, the number gets converted to a simple english language phrase based on the range of values it's within.

No of votes Points Out of
Most important votes (50 points)      
MP voted with policy 0 0 0
MP voted against policy 1 0 50
MP absent 1 25 50
Less important votes (10 points)      
MP voted with policy 1 10 10
MP voted against policy 6 0 60
Less important absentees (2 points)      
MP absent* 2 2 4
Total: 37 174

*Pressure of other work means MPs or Senators are not always available to vote – it does not always indicate they have abstained. Therefore, being absent on a less important vote makes a disproportionatly small difference.

Agreement score = MP's points / total points = 37 / 174 = 21%.

And then