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Origins of the Royal Commission on Intelligence and Security Origins of the Royal Commission on Intelligence and Security CJ Coventry LLB BA A thesis submitted in fulfilment of the requirements for the degree of Master of Arts (Research) School of Humanities and Social Sciences UNSW Canberra at ADFA 2018 i Thesis/Dissertation Sheet Surname/Family Name : COVENTRY Given Name/s : CAMERON JAMES Abbreviation for degree as give in the University calendar : MRes Faculty : UNSW Canberra School : School of Politics and International Studies Thesis Title : Origins of the Royal Commission on Intelligence and Security Abstract 350 words maximum: (PLEASE TYPE) This thesis explores the context in which the Royal Commission on Intelligence and Security, 1974-1977 came to be. The Whitlam Government wanted to reform the Australian Security Intelligence Organisation (ASIO) so as to depoliticise it and make it more effective in combating genuine threats to the state, including global terrorism. In early 1973 the government's reform was stalled as a result of the attorney-general's raid on ASIO offices. The Prime Minister announced in late 1973 that an inquiry into ASIO would arise at some point. The Australian Labor Party took the idea of a judicial inquiry into Australia's intelligence and security apparatus to the 1974 election. Within weeks of returning to office the Whitlam Government decided to launch the Royal Commission. Even by the time of the government's dismissal in 1975 the process of ASIO's reform was advanced. The decision to keep ASIO was made by Labor prior to the 1972 election. This was despite experiencing two decades of ASIO's ideological partisanship, which had consequences for Labor. But the party's decision was not inconsistent with its history, having been an anti-communist party from the 1920s and responsible for ASIO's creation in 1949. The Royal Commission's terms of reference ensured that an intelligence apparatus would continue to be available to the Commonwealth. The decision to erect the Royal Commission was also widely supported by major Australian newspapers. When the Royal Commission finished in 1977 a lasting bipartisan consensus on ASIO was emerging. Declaration relating to disposition of project thesis/dissertation I hereby grant to the University of New South Wales or its agents the right to archive and to make available my thesis or dissertation in whole or in part in the University libraries in all forms of media, now or here after known, subject to the provisions of the Copyright Act 1968. I retain all property rights, such as patent rights. I also retain the right to use in future works (such as articles or books) all or part of this thesis or dissertation. I also authorise University Microfilms to use the 350 word abstract of my thesis in Dissertation Abstracts International (this is applicable to doctoral theses only). …………………………………………………………… ……………………………………..……………… ……….……………………...…….… Signature Witness Signature Date The University recognises that there may be exceptional circumstances requiring restrictions on copying or conditions on use. Requests for restriction for a period of up to 2 years must be made in writing. Requests for a longer period of restriction may be considered in exceptional circumstances and require the approval of the Dean of Graduate Research. FOR OFFICE USE ONLY Date of completion of requirements for Award: COPYRIGHT STATEMENT ‘I hereby grant the University of New South Wales or its agents the right to archive and to make available my thesis or dissertation in whole or part in the University libraries in all forms of media, now or here after known, subject to the provisions of the Copyright Act 1968. I retain all proprietary rights, such as patent rights. I also retain the right to use in future works (such as articles or books) all or part of this thesis or dissertation. I also authorise University Microfilms to use the 350 word abstract of my thesis in Dissertation Abstract International (this is applicable to doctoral theses only). I have either used no substantial portions of copyright material in my thesis or I have obtained permission to use copyright material; where permission has not been granted I have applied/will apply for a partial restriction of the digital copy of my thesis or dissertation.' Signed ........................... Date ........................... AUTHENTICITY STATEMENT ‘I certify that the Library deposit digital copy is a direct equivalent of the final officially approved version of my thesis. No emendation of content has occurred and if there are any minor variations in formatting, they are the result of the conversion to digital format.’ Signed ........................... Date ........................... ORIGINALITY STATEMENT ‘I hereby declare that this submission is my own work and to the best of my knowledge it contains no materials previously published or written by another person, or substantial proportions of material which have been accepted for the award of any other degree or diploma at UNSW or any other educational institution, except where due acknowledgement is made in the thesis. Any contribution made to the research by others, with whom I have worked at UNSW or elsewhere, is explicitly acknowledged in the thesis. I also declare that the intellectual content of this thesis is the product of my own work, except to the extent that assistance from others in the project's design and conception or in style, presentation and linguistic expression is acknowledged.’ Signed .............. Date .............. Table of Contents Acknowledgements iii Introduction & Methodology 1 Part I: ASIO before Whitlam 9 Chapter One: The creation of ASIO 9 Chapter Two: Bipartisan anti-communism 23 Chapter Three: ASIO’s anti-radicalism, 1950-1972 44 Part II: Perspectives on the Royal Commission 73 Chapter Four: Scholarly perspectives on the Royal Commission 73 Chapter Five: Contemporary perspectives on ASIO and an inquiry 90 Part III: The decision to reform 118 Chapter Six: Labor and terrorism 118 Chapter Seven: The decision and announcement 154 Part IV: The Royal Commission 170 Chapter Eight: Findings and recommendations 170 Conclusion 188 Bibliography 193 ii Acknowledgements & Dedication I dedicate this thesis to Rebecca and our burgeoning menagerie. Most prominently of all I wish to thank Rebecca Coventry who has been integral to the writing of this thesis. Together we seek knowledge, not assumption, challenge, not complacency. For their help in entering academia I thank Yunari Heinz, Anne-Marie Elijah, Paul Babie, the ANU Careers advisors, Clinton Fernandes and Nick Xenophon. While writing this thesis I received help from a number of people. I acknowledge the help of Lindy Edwards, Toni Erskine, Clinton Fernandes, Ned Dobos, Ruhul Sarkar, Laura Poole-Warren, Kylie Madden, Julia Lines, Craig Stockings, Deane-Peter Baker, John Connor, the Research Student Unit and the Higher Degree Committee. To the exceptional, patient and generous staff at the National Archives of Australia, the National Library of Australia, Hansard, the State Library of Victoria, the Deakin University Library, Academy Library at UNSW, the University of Canberra Library, Gould’s Book Arcade in Sydney, the Book Fossicker in Clunes, Book Heaven in Castlemaine, the Thursday book stall at the Australian National University, V/Line, and Australia Post, I thank you all for your exceptional services. For helping me develop the thesis in its early stages, I thank Frank Bongiorno, Clinton Fernandes, Renata and Maciej Henneberg, Skye Kakoschke-Moore, Rex Patrick, Jeremy Roberts, Alexandra Roginski, Sean Scalmer, Nick Xenophon and the Making History class of 2015 at ANU. Thanks must also go to my wider family – Alex, Barb, Brendon, Charlie, Chris, Eloise, and George – for their friendship, encouragement, belief and support. For their contribution to my historical education, I acknowledge Gemma Betros, Frank Bongiorno, Tom Buchanan, Peter Burton, Clinton Fernandes, Megan Kelly, André Lambelet, David Lemmings, Don Longo, Martin McKinnon, John Minns, Sharon Mosler, Sara Perley, Kalman A. Robertson, Alexandra Roginski, Amin Saikal, William Tow, Claire Walker, Peter Williams & William Woods. Lastly, I wish to thank UNSW and the National Tertiary Education Union. iii Introduction On 21 August 1974 the Australian Government under Prime Minister Gough Whitlam (1972-1975) announced a royal commission into the intelligence and security apparatus of the Australian Government. The Royal Commission on Intelligence and Security (‘the Royal Commission’) would begin a long process of reform resulting in the Australian intelligence community that operates in the present time. The government’s terms of reference were broad but directed at producing practical outcomes that ensured the continuance of a domestic intelligence agency. The commissioner, Justice Robert Marsden Hope of the New South Wales Court of Appeal, delivered eight reports between 1975 and 1977. While exploring the origins of the Royal Commission this thesis will focus on one organisation in particular, the Australian Security Intelligence Organisation (ASIO). The Whitlam Government wanted to depoliticise ASIO and increase the efficacy of the intelligence apparatus more generally. Soon after it came to office in December 1972 the government had become embroiled in controversy over its relationship with ASIO. This was not surprising given Labor had been in opposition since 1949, in part the result of the Coalition’s access to ASIO during the 1950s and 1960s. However, this distrust of the organisation tended toward
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