Home Sweet Home (A Critical Historical & Contemporary Perspective on the Emergence of the Department of Home Affairs ) Prof John Blaxland @JohnBlaxland1
Home Sweet Home? • What Happened and Why? • AIC & DHA Background & Structures • DHA Concerns & Opportunities • Significance of Reforms to date • Appreciating the checks & balances in an evolved & refined system
Department of Home Affairs 18 July 2017 PM announced reforms & establishing Dept of Home Affairs • • DHA officially stood up 20 Dec 2017 • Refs to previous functions are being progressively updated in 2018 • BUT confusing double-up with Intel Review Reforms
But How did we get here? & how have things worked so far? • Evolving Government Architecture • Depts & Agencies involved in ‘Home Affairs’ • Past Reviews & Reform • Current Oversight & Accountability Mechanisms • Globalisation & Drivers for further change
“Home Affairs” Since Federation 1901 • Dept of Home Affairs (1901–16) – public works, elections, census, the public service, pensions, and inter-state relations • Dept of Home and Territories (1916–1928) • Dept of Home Affairs (1928–32) • Dept of the Interior (1932–72) • Dept of Home Affairs (1977–80) • Dept of Home Affairs & Environment (1980–84)
“Immigration” Since 1945 • Dept of Immigration (1945-1974) • Dept of Labour & Immigration (1974-75) • Dept of Immigration & Ethnic Affairs (1975-87) • Dept of Immigration, Local Government & Ethnic Affairs – DILGEA (1987-93) • Dept of Immigration & Ethnic Affairs (‘93-’96) • Dept of Immig & Multicultural Affairs – DIMA (‘96-’01) • Dept of Immig & Multicultural & Indigenous Affairs – DIMIA (2001-06) • Dept of Immig & Multicultural Affairs – DIMA (‘06-’07) • Dept of Immigration & Citizenship – DIAC (2007-13) • Dept of Immigration & Border Protection – DIBP (2013-17) • Department of Home Affairs – DHA (2018)
Attorney General 2017 • Mission: "achieving a just and secure society“ • 4 groups: – Australian Government Solicitor – Civil Justice & Corporate Services By Bidgee - Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=7514611 – Criminal Justice – National Security & Emergency Management
Dept of Human Services • Delivers welfare, public aid, health and other services: • Centrelink • Medicare • Chuld Support • etc
Department of Social Services • Families & Children • Housing Support • Seniors • Communities & Vulnerable People • Disability & Carers • Settlement & Multicultural Affairs
AIC including DFAT
ROYAL COMMISSION ON AUSTRALIA’S SECURITY A& INTELLIGENCE AGENCIES PROTECTIVE SECURITY REVIEW ROYAL COMMISSION ON INTELLIGENCE AND SECURITY ROYAL COMMISSION ON ESPIONAGE
Royal Commission on Espionage Albert Hall The Commissioners
Legislative consequences • ASIO Act 1956 • Telephonic Communications (Interception) Act 1960 • Crimes Act 1960
Royal Commission on Intelligence and Security (RCIS) Inquiry into the National Estate 1972-1974 Robert Marsden Hope George Brownbill
RCIS Report 1976 • Terms of reference for overall shape of the intelligence system • ‘Australian Intelligence Community’ – fragmented, poorly co-ordinated and organised. – agencies lack proper guidance [,] direction and control. – Poor relations with the system of government they should serve. – lacked resources – used lack of funds as alibi
Agencies: “less the creatures of their parent departments and more the servants of government as a whole”
Protective Security Coordination Centre PSCC established Aug 1976
PSCC Rationale Tomislav Lesic: Abdul Azzam: with crutches climbing stairs Expelled over terrorist links
Ministerial committee to oversee AIC
ONA Act 1977
Hilton Hotel bombing Feb 1978
Protective Security Review • Relationships between: • police forces • Law enforcement & intelligence agencies • Defence force and civil authorities • Security arrangements of departments • Balance between rights and interests
New legislation • ASIO Act 1979 • Telecommunications (Interception) Act 1979
The Parliamentary Joint Committee on Intelligence and Security (2001) (previously PJCAAD 1979)
Combe-Ivanov & Sheraton • 1983 • 8 months • Media spectacle • Obscured terms of reference
Hope’s contribution to Australian Intelligence and security Robert Marsden Hope 16 reports from 1974-1984
Security Appeals Tribunal & Inspector General 1986
AUSTRALIAN PHILOSOPHY • Australia needs its own independent and robust intelligence assessment and collection capability. • Assessment separate from policy formulation. • Collection separate from assessment • Collection of human and signals intelligence undertaken by different agencies . • ONA - principal assessment agency for foreign intelligence, with statutory independence.
Post 9-11 • 2004 Flood Report • 2011 Cornall/Black (IRIC) • Aust experience Contrasts with 9-11 Commission
Intelligence Services Act 29 Sep 2001 • Legislative basis for ASIS & ASD (vice executive order) • Increased powers to collection agencies (ASIO, ASIS & DSD) • Establishment of PJCIS (vice PJCAAD)
Philip Flood 2004 • East Timor? • War in Iraq DIO v ONA? • WMD? • Political Interference? (Benign assessment due to transformative work under Hope)
Robert Cornall Rufus Black Independent Review of the Intelligence Community (IRIC) 2011
National Anti- Security Terrorism Advisor (NSA) Coordinator Independent National Security Legislation Monitor (INSLM) HIAM NB. FICC now the National Intelligence Coordination Committee (NICC) The Australian Intelligence Community
Post 9/11 Broadening National Intelligence & Security Community • Aust Federal Police (AFP) • Dept of Immigration & Border Protection (DIBP) • Aust Border Force (ABF) • Aust Criminal Intelligence Commission (ACIC) • Aust Transaction Reports & Analysis Centre (AUSTRAC) • Dept of Health • Dept of Infrastructure & Regional Development • Attorney-General’s Dept Dept of Defence •
Pre DHA Announcement outrider components • AFP • DIBP • ABF • ACIC • AUSTRAC • Dept of Health • Transport Security
Australian Federal Police CRIME, TERRORISM, CVE • Investigates national terrorist • offences • provides overseas liaison • Provides protective services and • Performs a state policing function in the ACT. • The AFP Protective Service provides – physical protection services for foreign embassies and government facilities, and – counter-terrorism first response at major airports • https://www.afp.gov.au/
Department of Immigration and Border Protection • Maintained the Movement Alert List • Enforced Australia’s visa regime. • Engaged in international data-accessing initiatives aimed at preventing the movement of terrorists or terrorist groups • Responsible for border control • http://www.border.gov.au/
Australian Border Force • BORDER SECURITY • Provides security for Australia's offshore maritime areas • Combines resources/expertise of – Australian Customs Service & – Department of Defence • Works with officers from – Australian Fisheries Management Authority, – Australian Quarantine and Inspection Service, – Australian, state and territory agencies, • Delivers ‘a coordinated national approach to Australia's offshore maritime security’. • http://www.border.gov.au/
Australian Criminal Intelligence Commission • CRIME INTELLIGENCE • Australia’s national criminal intelligence agency • Equipped with investigative, research and information delivery functions. • Works closely with a range of partner organisations to strengthen the ability to respond to crime affecting Australia. • https://www.acic.gov.au/
Australian Transaction Reports and Analysis Centre • FINANCIAL SECURITY & INTEL • Australia's financial intelligence agency with regulatory responsibility for – anti-money laundering and – counter-terrorism financing. • Identifies threats and criminal abuse of the financial system, and • act to protect Australia's economy. • Work in partnership with industry and government agencies in Australia and overseas to – help keep Australia safe from financial and other serious crime – build and maintain trust in Australia's financial system as part of the global community • http://www.austrac.gov.au/
Department of Health • HEALTH SECURITY • Lead a whole-of- government approach to strengthening Australia’s readiness for – disease threats, – national health emergencies and – large scale health incidents • http://www.health.gov.au/
Department of Infrastructure and Regional Development • TRANSPORT SECURITY & INTELLIGENCE • Regulated the security of airports, airlines, sea ports and other transport • Worked with state and territory authorities • https://infrastructure.gov.au/
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