![Inspector-General of Intelligence and Security (IGIS) Christopher Jessup. Picture by Keegan Carroll Inspector-General of Intelligence and Security (IGIS) Christopher Jessup. Picture by Keegan Carroll](/images/transform/v1/crop/frm/106459643/7c64c220-9032-4d61-af17-adafd821404f.jpg/r0_267_5000_3078_w1200_h678_fmax.jpg)
National security laws that can block Australian citizens suspected of being involved in terrorist activities from returning to the country suffer from a lack of clear procedural fairness, a top watchdog warns.
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Serious human rights concerns have also been raised after the temporary exclusion orders were used to target relatives or associates of Australian foreign fighters who might not have engaged in criminal conduct.
Inspector-General of Intelligence and Security Christopher Jessup said his agency, who is responsible for with overseeing the work of the Australian Security Intelligence Organisation, was limited in what they could oversee.
Temporary exclusion orders can be made to prevent an Australian from returning for up to two years if the home affairs minister reasonably suspects the person could become involved in terrorist activities.
But the former Federal Court judge told a parliamentary committee on Monday the law gave ministers discretionary powers to decide a suspected person's fate without considering procedural fairness.
Mr Jessup also described the legislation as broad in that being "directly or indirectly a risk to security" didn't require the person to be a specific threat.
"The key thing that would be of benefit to [the IGIS] from an oversight point of view would be to clarify the procedural fairness aspect," he said on Monday.
"The unusual aspect of the legislation in its present form is that it is clear that the minister does not have to accord procedural fairness in making his or her decision."
Ambiguity also remained over whether ASIO, in providing its security assessments to the minister, was also excluded from undertaking procedural fairness, Mr Jessup said.
It meant the spy watchdog had a blind spot in determining whether ASIO is fulfilling its common law obligations.
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ASIO head Mike Burgess later dismissed the idea, saying procedural fairness is in play in everything the domestic intelligence agency does and it's already subject to extensive oversight.
"I would disagree with anyone that says there's a lack of oversight in ASIO in general and everything, including this particular issue, we have a Royal Commission standing on top of us 24 hours a day, seven days a week," he said.
"That's fairly substantial oversight."
He added his focus was on protecting top secret information and sources if the process was to be amended.
![ASIO's head Mike Burgess. Picture by Sitthixay Ditthavong ASIO's head Mike Burgess. Picture by Sitthixay Ditthavong](/images/transform/v1/crop/frm/106459643/c231bdc2-fe55-4bca-9051-5f0ea855eb22.jpg/r0_330_4500_2870_w1200_h678_fmax.jpg)
Federal police and the domestic spy agency said the temporary exclusion orders were key to allow the bodies to gather intelligence and investigate the security risk prompted by an individual's return.
Australian Federal Police deputy commissioner Ian McCartney said it was a "valuable tool" for law enforcement agencies to lower the risk of terrorism.
"So, there has been a number of instances where that's provided benefit to us in terms of further time to gather further information and evidence and information not just for ourselves, but also for our intelligence partners, in terms of having a better informed risk assessment if that person returns to Australia," he said.
But the Australian Human Rights Commission said other national security legislation could fill any gaps in reducing the risk of terrorist activities from a returned citizen.
This includes increased police monitoring and restrictions on those who could pose a risk to the community.
Commissioner Lorraine Finlay said the orders should only be made against a person who had been part of terrorist activities.
"Australian citizens who are not themselves involved in terrorism, should not be prevented from returning to Australia," she said.
Ms Finlay also raised concerns about the minister making the decision, saying a court should make the orders.
- with AAP