Exposure draft: Remake of the National Security Information (Criminal and Civil Proceedings) Regulation

Overview

We welcome feedback from interested stakeholders on an exposure draft of the National Security Information (Criminal and Civil Proceedings) Regulations 2026 (the new Regulation).

The National Security Information (Criminal and Civil Proceedings) Regulation 2015 (the sunsetting Regulation) is due to sunset on 1 April 2027.

The sunsetting Regulation applies to federal criminal and civil proceedings once the Commonwealth Director of Public Prosecutions or the Attorney-General have notified the parties and the court in writing that the National Security Information (Criminal and Civil Proceedings) Act 2004 (the Act) applies to the proceeding. The sunsetting Regulation:

• imposes arrangements to protect national security information until court orders are made under the Act establishing tailored protective arrangements for a proceeding
• prescribes eligibility requirements and obligations for the appointment of special advocates in extended supervision or continuing detention order proceedings under subdivision 3C of the Act
• prescribes the forms parties must use when notifying the Attorney-General of the expected disclosure of national security information in criminal and civil proceedings under sections 24 and 38D of the Act.

As the sunsetting Regulation remains largely fit for purpose, the new Regulation is substantially the same, providing continuity of the existing framework protecting national security information. However, it does include some improvements that will:

• make requirements easier to understand
• better align with the current Protective Security Policy Framework (PSPF)
• update outdated or irrelevant language.

Why we are consulting

Your feedback on the exposure draft new Regulation will be considered in the remake of this Regulation.

Who we want to hear from

We welcome feedback from interested stakeholders, particularly those who regularly engage with the sunsetting Regulation. Your feedback and perspectives are invaluable to ensuring the effective operation of the new Regulation.

Consultation documents

• Exposure Draft – National Security Information (Criminal and Civil Proceedings) Regulations 2026 [PDF 792 KB]
• Exposure Draft – National Security Information (Criminal and Civil Proceedings) Regulations 2026 [DOCX 223 KB]
• Privacy Collection Notice – Public consultation – exposure draft of the National Security Information (Criminal and Civil) Regulations 2026 [DOCX 307 KB]