(2) The Court may make such order (if any) as it considers appropriate to give effect to the arrangements (see also s 38D).
19 Section 19(3A) of the NSI Act is in the following terms:
In addition to the powers of a court under this Act in a civil proceeding, the court may make such orders as the court considers appropriate in relation to the disclosure, protection, storage, handling or destruction, in the proceedings, of national security information if:
(a) the court is satisfied that it is in the interest of national security to make such orders; and
(b) the orders are not inconsistent with this Act; and
(c) the orders are not inconsistent with regulations made under this Act.
20 A number of orders were made and those orders have been amended from time to time.
21 The sections to which I have referred contain a reference to national security information which is defined in s 7 of the NSI Act as information that relates to national security or the disclosure of which may affect national security. National security means Australia's defence, security, international relations or law enforcement interests (see s 8).
22 The orders made by the Court are based on the following key concepts:
- (1) identifying information which means any information which identifies, or tends to identify, a special operations command member;
- (2) national security information which is defined by reference to the NSI Act;
- (3) NPO information which means information contained in an NPO document. "NPO" means a non-publication order and an NPO document is a document which is identified in the orders or the process adopted thereunder;
- (4) a Sensitive Court Document and a Sensitive Court File;
- (5) a Sensitive Document and Sensitive Information which is information contained in a Sensitive Document; and
- (6) a Sensitive IGADF Document and Sensitive IGADF Information.
23 The orders had the effect that evidence was given in both open Court and closed Court. There is open Court transcript and closed Court transcript and redacted closed Court transcript. This third category consists of closed Court transcript which the Commonwealth has had the opportunity to consider as suitable for release to the public.
