A report from the Australian National Audit Office (ANAO) last month called out the Australian Electoral Commission (AEC) for ditching compliance with Australian government IT security frameworks.
In particular, the ANAO said insufficient attention was paid to assuring the security and integrity of the data generated both during and after operation, as the focus was on delivering a Senate scanning system by polling day.
Facing Senate Estimates on Tuesday night, Electoral Commissioner Tom Rogers said he was satisfied with the risks that the AEC accepted ahead of its go-live.
"They were not untreated risks -- we were aware of them," Rogers clarified.
"One of the comments in the report, or inference, is that I accepted a higher level of risk and in my way of thinking, that's what you do with projects. You identify the risks and mitigate or accept them. And for that particular project I was satisfied with the risks that we accepted."
The commissioner agreed with the ANAO's assertion that due to the 12-week, tight time frame imposed on the AEC by a confluence of factors -- recent Senate voting reforms, a double dissolution election, and a shorter timeline for the return of election writs -- it accepted more risks than it otherwise might have.
Instead of conducting a public tender, the AEC used an existing standing deed of offer with Fuji Xerox for its Document Management Services, which Rogers said was consistent with Commonwealth procurement guidelines.
"I absolutely take the point of the ANAO that there was other ways of doing that, but at that point, to get that project done by that period of time, that's the decision that I made," he explained.
"I stand by what I did. In fact, I stand fully by what I did in that process and that's the bit where I think perhaps the ANAO report -- as useful, valuable as that is -- misses the point of context."
Next time, however, the AEC is adopting a panel approach to service procurement.
"We really do try and achieve best value where we can, but it does depend largely on context as well ... it does depend on the circumstances of each individual procurement and we do our very best to achieve that value for money," he added.
When asked if the AEC had sufficient funding at its disposal to manage the IT security of the project, Rogers simply said yes.
Assisting Rogers was First Assistant Commissioner of Capability Tim Courtney, who said the AEC identified a number of areas of weakness in the reviews conducted on the system, and put in place a number of mitigation strategies to manage them.
"Some of those controls were not met, so we put in strategies to manage that," he explained. "My point is, we were well aware of the compliance or partial compliance of the system and it was something which I regularly briefed the executive team and the commissioner on in terms of the risk profile."
Given the current global election climate, Rogers was asked for assurance that there was no instance of intentional tampering of the 2016 Senate election data.
"It's a very topical issue Senator, not just with the AEC but around the world at the moment with the vulnerability of electoral systems ... to the extent that I can be confident that nothing untoward happened, I am very confident nothing untoward happened," he said in response.
"We had robust systems in place, we worked with the ASD [Australian Signals Directorate], we put mitigation strategies in place, we designed the system to prevent that from occurring, and our own measures tell us that nothing did occur to that process."
Courtney offered his assessment, which was that after receiving briefings from the ASD, he was "very" satisfied with the processes the AEC put in place to manage security.
"The count wasn't conducted -- I'm not an IT expert -- on the internet, this was a sealed system that we used and we had sufficient measures in place," he added.
"I'm incredibly proud of that solution."
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