[xix]    The Queen v Abdirahman-Khalif, High Court proceeding A5/2020. Robust and independent appraisal of this assessment methodology is necessary to assure the public, and ultimately the courts, that such assessments are sufficiently accurate and reliable, taking into account the gravity of the decision-making process to which they relate. It is not enough to justify the retention of a particular power that it is part of a ‘full suite’ or a ‘comprehensive suite’ of powers. [xii]    The Hon John von Doussa QC, Security and Human Rights in Australia: Australia’s counter-terrorism response, Beijing Forum on Human, 21–23 April 2008, quoting Professor David Feldman, The roles of Parliament in Protecting Human Rights: A view from the UK, address at the Human Rights and Legislatures Conference, Melbourne University (20–22 July 2006). But we must protect the human rights of people who are accused or suspected of involvement in terrorist acts, not merely to demonstrate to others the strength of our values, but because we recognise those values as intrinsically important in a ‘free and confident society’. He faces court in August. On February 28, the WSWS published a statement by the International Committee of the Fourth International, entitled “For a globally coordinated emergency response to the coronavirus pandemic!” It insisted: “Urgent attention must be directed to the millions of people who are being housed in immigrant and refugee camps set up by the major capitalist powers in Europe and the United States. A group of 35 men imprisoned have been on a five-day hunger strike as part of the protest. The Federal Government also announced the army has been brought in … Police powers and your rights. Image courtesy Andrew Ellinghausen, Fairfax Photos Journalist Information Warrants. International law also requires that the steps taken to prevent the commission of terrorist acts are themselves consistent with human rights. The limited situations in which this power could conceivably be used, combined with its extraordinary nature, suggests that serious consideration should be given to its repeal. That is one reason why it is necessary that the human rights of those in the second group are also safeguarded. In the context of the current security environment, the Commission considers that it would be open to the PJCIS to find that the stop, search and seize powers that are limited to Commonwealth places continue to be necessary and are consistent with Australia’s human rights obligations, subject to a reduction in the scope of the duration of a declaration of a prescribed security zone. He was taken to the Preston police station where he spent nine hours in custody while police obtained a warrant to seize his phone and home computers. The Australian Federal Police (AFP) ... Members of the AFP outside the ACT and other federal territory do not exercise the powers, obligations and liabilities of a constable at common law. As at the time of writing this submission, judgment was reserved in this matter. It is the first time the Australian Federal Police has formally seized — or restrained — the property of an alleged child sex offender who is not accused of profiting from a crime. There are also state police forces. Some 42,000 refugees are packed in crammed living quarters, which lack even soap and running water. At http://www.humanrights.gov.au/human-rights-guide-australias-counter-terrorism-laws#fnB8. The second difference relates to the threshold for arrest. The Australian Federal Police (AFP) investigates national terrorist offences provides overseas liaison and protective services and performs a state policing function in the ACT. [viii]   Australian Human Rights Commission, A Human Rights Guide to Australia’s Counter-Terrorism Laws (2008). In order to abide by the state government’s social distancing laws, the protesters organised a car motorcade around the building, holding signs to the windows of their cars. Oversight of counter-terrorism powers, including by this Committee, helps to ensure that they operate appropriately. These powers have not been used since they were enacted in 2005. Further, it is important that each of the powers being considered in the present review is assessed on its merits. [ix]     United Nations General Assembly, Resolution 60/288 The United Nations Global Counter-Terrorism Strategy, UN Doc A/RES/60/288 (2006), p 9. This criminal treatment of refugees is part of Australia’s bipartisan “border protection” regime, which detains all refugees who try to flee to Australia by boat and bans them from ever settling in the country. 1 Short title This Act may be cited as the Australian Federal Police Act 1979.. 2 Commencement (1) Sections 1, 2, 4 and 6, Division 1 of Part IV and sections 28 and 70 shall come into operation on the day on which this Act receives the Royal Assent. These differences need to be kept in mind when evaluating the continued utility and appropriateness of some of the ‘preventative’ powers introduced in 2005, particularly control orders and preventative detention orders (PDOs). This includes the way that risk is assessed and the identification, training and qualification of relevant experts. A critical tool in those strategies is the “The situation here is absolute chaos,” he said. The Commission’s submission examines the purposes and threshold for obtaining a PDO, concluding that in every case where relevant authorities have suggested a PDO might be used, there are alternative, less restrictive options available that are just as effective. [xvi]    Dylan Welch, ‘Islamic State: Militant group calls on supporters to kill Australians 'in any possible way’ ABC News, 22 September 2014, at https://www.abc.net.au/news/2014-09-22/islamic-state-calls-on-supporters-to-kill-australians/5761502. the 2018 PJCIS review of police powers, control orders and preventative detention orders. as a ‘second attempt’ following an unsuccessful prosecution—for example, where a person has been tried and acquitted. The Daily Telegraph reports the AFP will be able to use the … [xi]     International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entry into force generally 23 March 1976, entry into force for Australia (except Article 41) 13 November 1980, article 41 came into force for Australia on 28 January 1993). In terms of the first group, the most important of the human rights sought to be protected are the right to life (article 6(1) of the. There has been no independent appraisal of the Government’s method of assessing whether an individual should be subject to a CDO. As can be seen from Appendix A, most control orders made in practice relate to people who have already been convicted of a terrorism offence and who are being released into the community. An officer’s power to place someone under arrest lies in the Law Enforcement Powers and Responsibilities Act (LEPRA) 2002. Do Australian Federal Police officers have adequate knowledge of their powers and how to use them? Section 5 of this submission examines the additional stop, search and seize powers given to the AFP and other police officers to investigate actual or potential terrorist acts, primarily in Commonwealth places. This would allow a court considering an application for a CDO to consider whether an ESO would be an effective and less restrictive alternative and, if so, to make an ESO instead. An important aspect of oversight is proper authorisation for the use of powers. To this end, the Commission reiterates a number of its recommendations, including that expert reports identify any limitations in their assessment of risk and that an independent risk management body be established to accredit experts and evaluate the operation of risk assessment tools. You can avoid problems if you are sensible and keep your cool. The Australian Federal Police have been given fresh powers to stop paedophiles from profiting off of child abuse. The Australian Federal Police says two men accused of trying to blow up a plane leaving Sydney could have been stopped sooner, if officers were given greater powers at airports. The crackdown came amid protests by detainees in Sydney and Brisbane and an upsurge of opposition to their continued detention by the federal government during the pandemic. Nearly 1,200 doctors and other health professionals also signed an open letter calling for all asylum seekers to be released into the community during the pandemic. Jon Hunt-Sharman National President, Australian Federal Police Association . If the PJCIS decides to recommend that the stop, search and seize powers continue, the Commission submits that they should continue to be viewed as temporary, emergency powers and subject to a further sunsetting period. Commonwealth Criminal laws may be accessed at Federal Register of Legislation. [x]      Independent National Security Legislation Monitor, Review of Division 3A of Part IAA of the Crimes Act 1914: Stop, Search and Seize Powers, 7 September 2017, at [5.5]. Such a regime would be more consistent with human rights because: the scope of the regime would be better targeted to situations where there was more likely to be risk to the community, as a result, the degree to which the controls limit the human rights of the person subject to the control order would be more likely to be proportionate to the purpose for their imposition. State and territory parliaments. If the officer suspects on reasonable grounds that a person has committed or is committing an offence, they may arrest them. [iii]     Australian Human Rights Commission, Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016 (Cth), submission to the PJCIS, 12 October 2016, at https://www.aph.gov.au/DocumentStore.ashx?id=32397a66-a179-4a07-a5fb-ab60b776676f&subId=414693. Ensuring community safety is one of the most important tasks of government. Police will be given new powers to fight online child sex abusers and other serious criminals on Facebook, with the social media giant to be treated like a giant "dark web". See also Independent National Security Legislation Monitor, Annual Report 2018–19, p 6. The Australian Federal Police (AFP) is a progressive and multi-faceted law enforcement organisation taking a strong lead in the fight against 21st century crime. In Sydney, detainees at the Villawood detention centre have climbed on the roof holding signs asking to be freed. The Australian Federal Police and Australian Criminal Intelligence Commission will also be able to hack into people's computer networks and modify or delete harmful content such as child exploitation material. Taking steps to prevent the commission of terrorist acts, and to prosecute those responsible for committing terrorist acts, promotes the human rights of members of the Australian community. A critical tool in those strategies is the investigation of those suspected of planning terrorist acts, followed by their arrest and prosecution where the investigation reveals evidence that an offence has been committed. See also Independent National Security Legislation Monitor, Annual Report 2018 – 19, p 6. The Commonwealth regime has not been used, but there have been two examples of the use of similar State-based powers. Some said they had been imprisoned for seven years and asked: “Where’s the humanity?”, A police spokesperson told the media: “While Victoria Police respects the public’s right to protest, these are extraordinary times and the health and safety of every Victorian needs to be our number one priority at this time.”. Section 8 of this submission examines the continuing detention order (CDO) regime. If the situation gets out of control, stay calm, remember your rights and get legal advice quickly. The Commission notes that the Government intends to refer this Bill to the PJCIS for separate inquiry. Australian Federal Police Commissioner Andrew Colvin. The Australian government has announced its intention to use powers under the Biosecurity Act, if needed, in response to the coronavirus outbreak.Attorney-General Christian Porter has … More and more people are testing positive for COVID-19 in the facilities. [vii]    United Nations Security Council, Resolution 1373 (2001), UN Doc S/RES/1373 (2001), paras 2(b) and (e). Mohammad told the media of the cramped conditions at the prison, with up to six people housed in one room. [ii]      Australian Human Rights Commission, COAG Review of Counter-Terrorism Legislation, 28 September 2012, at https://www.ag.gov.au/sites/default/files/2020-05/Australian%20Human%20Rights%20Commission_0.pdf. The letter said the hotels being used as detention sites “constitute a very high-risk environment for detainees’ mental and physical health.”. The AFP was established by an Act of Parliament in 1979. Australia’s federal, State and Territory governments have multi-layered strategies to combat terrorism. Prisoners could be released early under extraordinary measures to handle any outbreak of COVID-19 in NSW prisons, while police have been given strong powers to enforce public safety laws. [xvii] Australian Federal Police, Inquiry into AFP Powers (Division 3A Part IAA of the Crimes Act 1914 and Divisions 104 and 105 of the Criminal Code), submission to the PJCIS, August 2020, at. Having reached its initial goal of 25,000, it now has more than 41,000 signatures. On April 28, 2017 MEAA issued a statement regarding the revelation an Australian Federal Police officer has been able to access a journalist’s telecommunications data without being granted the necessary Journalists Information … Division 105A of the Criminal Code (which provides for continuing detention orders). These camps will be major danger areas for the spread of the virus. The Commission has made several submissions about the counter-terrorism laws that are under consideration in this review. In light of the range of other investigation and prevention measures available, and their effectiveness when compared with control orders, the use of control orders in other situations is not justified. The men imprisoned in the hotel also joined the protest, holding makeshift signs saying they had no social distancing protections. In the United States, 55,000 immigrants are trapped in crowded prisons, which are rapidly becoming epicentres for the spread of the disease. Both federal and state police officers in Australia carry pistols, pepper spray, and batons. Section 7 of this submission examines the PDO regime. Contribute to this audit The ANAO welcomes members of the public contributing information for consideration when conducting performance audits. While such measures have become necessary because of the global pandemic, the Melbourne ban is a warning. Shortly before this submission was due, the Australian Government introduced the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020 into Parliament. [xvii]   Australian Federal Police, Inquiry into AFP Powers (Division 3A Part IAA of the Crimes Act 1914 and Divisions 104 and 105 of the Criminal Code), submission to the PJCIS, August 2020, at [6]. When this regime was first proposed, the Commission recognised that it could be a reasonable and necessary response to the potential risk posed by people convicted of terrorism related offences, after their release from imprisonment. [xviii] See the list of prosecutions for terrorism offences in Independent National Security Legislation Monitor, Annual Report 2018–19, Appendix I. The experience of how control orders have been used in practice provides a stronger basis for determining the kinds of situation in which they are appropriate. The April 10 protest was held in opposition to the continued inhuman imprisonment of refugees by the federal Liberal-National government, which is putting the detainees at extreme risk of contracting the coronavirus. Former Australian Federal Police Headquarters The Australian Federal Police (AFP) is the national and principal federal law enforcement agency of the Australian Government with the unique role of investigating crime and to protect the national security of the Commonwealth of Australia. In this raid, Mr Eathan Cruse, a young Aboriginal man, was beaten by police after he had been handcuffed and while lying on the floor. Finally, as noted above, there are a range of important outstanding recommendations from the third INSLM and the PJCIS in relation to the establishment of an extended supervision order (ESO) regime. The Australian Federal Police's hunt for journalists' working files highlights more of the wide-ranging powers granted by the controversial Assistance and Access Act. Despite there being no threat to public health, the police issued 26 fines of $1,652 to each protester. At the hotel in Brisbane, refugees are conducting an ongoing protest, which has lasted for a fortnight, holding signs desperately asking for release. In Europe, where the virus is continuing to spread rapidly with nearly 80,000 deaths across the continent, the facilities where refugees are imprisoned in Greece are turning into death camps. 15. Victorian police officers were stabbed in an ideologically motivated attack. Ghader Mohammed, an Iranian man who has been imprisoned for seven years, told the media it was impossible to maintain the 1.5-metre social distancing. It provides protective services to federal government property and personnel/dignitaries, including major airports, buildings, foreign embassies/diplomats and provides state-styled law enforcement services to external territories, the Australian Capital Territory and the Jervis Bay … This includes submissions made to: the Legal and Constitutional Legislation Committee in relation to the 2005 Bill that introduced the stop, search and seize powers in relation to terrorism, control orders and preventative detention orders, the 2013 COAG Review of Counter-Terrorism Legislation, the 2016 PJCIS review of the Criminal Code Amendment (High Risk Terrorist Offenders) Bill that introduced continuing detention orders, the 2017 Statutory Deadline Reviews by the Independent National Security Legislation Monitor (INSLM). It indicates that governments are exploiting the coronavirus crisis to establish police-state precedents for wider use. The police action, which state Premier Daniel Andrews’ Labor government must have authorised, constitutes a direct attack on the right to protest and other fundamental democratic rights, including free speech. Review of Australian Federal Police powers. This includes the use of control orders: as an alternative to prosecution, either where there is a lack of probative evidence that would ground a ‘reasonable suspicion’ permitting arrest, or where the Commonwealth Director of Public Prosecutions (CDPP) has advised that there is no reasonable prospect of conviction. The Australian Government has assessed that the primary terrorist threat in Australia currently comes from people motivated by Islamist extremist ideology. In reality, the police banned the protest despite the organisers informing them in advance of the measures they would take to avoid any danger to health or any infringement of the social distancing rules. The Australian Human Rights Commission (the Commission) makes this submission to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) in relation to its ‘Review of AFP Powers’. In a separate attack in 2015, Mr Curtis Cheng, an employee of the New South Wales police force, was shot and killed. Read more . [i]       Human Rights and Equal Opportunity Commission, submission to the Senate Legal and Constitutional Legislation Committee inquiry into the Anti-Terrorism Bill (No 2) 2005, 11 November 2005, at https://www.aph.gov.au/~/media/wopapub/senate/committee/legcon_ctte/completed_inquiries/2004_07/terrorism/submissions/sub158_pdf.ashx. Heavy fines, jail time and an over-reliance on police without safeguards can lead to serious abuses of power, and may not be effective in enforcing lockdown measures, writes Kristen Zornada. The AFP is responsible among other things for enforcing Commonwealth criminal law. When dealing with the police it is important to remember you have rights, but you also have responsibilities. Appendix A to this submission contains a table summarising the 16 control orders made to date. Our submission includes a case study dealing with recent findings about the misuse of warrantless arrest powers by Victorian police in the course of a counter-terrorism raid in 2015. Winning the contest of ideas becomes much more difficult if counter-terrorism laws, or the way that they are used, undermine basic human rights standards. [xiv]    Department of Home Affairs, Attorney-General’s Department and Australian Federal Police, Joint-agency submission – Review of the police stop, search and seizure powers, the control order regime and the preventative detention order regime (Review of AFP Powers), submission to the PJCIS, 4 September 2020, p 3, at https://www.aph.gov.au/DocumentStore.ashx?id=a7b77fd7-2a24-4d94-8177-59d38a55d085&subId=691389. [xxii] Department of Home Affairs, Attorney-General’s Department and Australian Federal Police, Joint-agency submission – Review of the police stop, search and seizure powers, the control order regime and the preventative detention order regime (Review of AFP Powers), submission to the PJCIS, 4 September 2020, pp 3, 5 and 8. Review of Australian Federal Police Powers (2020), Copyright © Australian Human Rights Commission, Aboriginal and Torres Strait Islander Social Justice, https://www.aph.gov.au/~/media/wopapub/senate/committee/legcon_ctte/completed_inquiries/2004_07/terrorism/submissions/sub158_pdf.ashx, https://www.ag.gov.au/sites/default/files/2020-05/Australian%20Human%20Rights%20Commission_0.pdf, https://www.aph.gov.au/DocumentStore.ashx?id=32397a66-a179-4a07-a5fb-ab60b776676f&subId=414693, https://www.inslm.gov.au/sites/default/files/11-australian-human-rights-commission.pdf, https://www.aph.gov.au/DocumentStore.ashx?id=766df2d3-b918-4b17-aadf-28ccca57bca5&subId=516302, http://www.humanrights.gov.au/human-rights-guide-australias-counter-terrorism-laws#fnB8, https://www.aph.gov.au/DocumentStore.ashx?id=a7b77fd7-2a24-4d94-8177-59d38a55d085&subId=691389, https://www.abc.net.au/news/2014-09-22/islamic-state-calls-on-supporters-to-kill-australians/5761502. Part I — Preliminary. Many also have access to conducted energy weapons (e.g. Tim Mayfield Manager - Communications, Australian Federal Police Association . Under section 29(1)(bb)(i)(ii) and (ii) of the Intelligence Services Act 2001, it is a function of the PJCIS to review, by 7 January 2021, the operation, effectiveness and implications of:. The submission contains a number of relevant case studies to illustrate those points, based on the experience to date. Review of Australian Federal Police powers - Law Council of Australia Review of Australian Federal Police powers The submission to the Parliamentary Joint Committee on Intelligence and Security review of the following counter-terrorism powers of the Australian Federal Police was prepared by the Law Council of Australia. Also unresolved is the way in which people subject to a CDO will be detained, bearing in mind that this will be civil and not criminal detention, and how the conditions of their detention will be monitored. The protest was organised in front of the Mantra Hotel in the northern Melbourne suburb of Preston, which the federal government is using as a makeshift prison to house about 60 asylum seekers evacuated from “offshore” detention centres for medical treatment. Australian Federal Police … When assessing the impact of powers given to law enforcement agencies to prevent terrorist acts, the rights of two groups of people are particularly relevant: first, people who are at risk of being victims of terrorist attacks; secondly, people who are accused of involvement in terrorist acts or who are otherwise affected by its prevention or investigation. After a guard was confirmed to have contracted the coronavirus at the Kangaroo Point Hotel, a cramped and dirty makeshift prison in Brisbane, a petition was created to demand the shutdown of the facilities and release all the prisoners. Performance audits Appendix a to this audit the ANAO welcomes members of most... 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