Justice and Law in Australia
From Daily Escape
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=Law Enforcement= | =Law Enforcement= | ||
Revision as of 21:14, 27 February 2013
Australia's legal system, and law enforcement organisations are heavily based on those used in England. The legal systems are virtually identical.
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Contents |
Law Enforcement
In Australia, most law enforcement is carried out at the State/Territory level, with each state, and most territories maintaining their own police forces. The Federal Government also maintains police forces for specific purposes.
Commonwealth Police Forces
The Commonwealth Government maintains police forces for specific purposes. The Commonwealth is also responsible for policing some territories. The departments maintaining police forces include the Attorney General's Department, the Department of Agriculture, Fisheries and Forestry, the Department of Defence, and the Treasury.
The following police forces are under the jurisdiction of the Commonwealth (listed by responsible Department):
Attorney General's Department
Australian Federal Police
The Australian Federal Police is Australia's premier Commonwealth police force. It collaborates with all other Australian police forces, and international police forces. The Federal Police has several sub-organisations including the Australian Federal Police Protective Service, the Community Policing Division, and the Australian Capital Territory Police. The Federal Police also maintains a Polce Tactical Group, the Australian Federal Police Specialist Response and Security unit. The AFP has the following responsibliities.
- Enforcement of Commonwealth law including
- Drug smuggling
- Organised people smuggling
- Major fruad against the Commonwealth
- "Cyber-crime"
- Transnational crime, multijurisdictional crime
- Money laundering
- Organised crime
Community Policing Division/ACT Police
- Community policing in the following territories
- Australian Capital Territory
- Christmas Island
- Cocos (Keeling) Islands
- Coral Sea Islands Territory
- Jervis Bay Territory
- Norfolk Island
Australian Federal Police Protective Service
- Protection of government buildings, installations, and property
- Protection of airports
- Protection of Foreign Embassies, High Commissions, and Consulates in Australia
- Protection of Australian Embassies, High Commissions, and Consulates overseas
- Close protection of persons whose protection is deemed necessary by the Commonwealth
Australian Customs Service
Managing the security and integrity of the Australian border, facilitating the movement of legitimate international travellers and goods, and collecting border related duties and taxes
Australian Crime Commission
Fighting nationally significant crime, and organised crime
Australian Commission for Law Enforcement Integrity
Fighting corruption, specifically in the AFP, and ACC
Department of Agriculture, Fisheries and Forestry
- Australian Quarantine and Investigation Service
Department of the Treasury
- Australian Securities and Investments Commission
Department of Defence
- Royal Australian Corps of Military Police (Army)
- Responsible for security of Army establishments, field security, POW's, traffic control, counter-intelligence, criminal law enforcement, and forensic investigation on Army establishments, and in the field with Army units.
- Royal Australian Air Force Security Police (Air Force)
- Responsible for security of RAAF bases, criminal law enforcement on RAAF bases, and forensic investigation.
- Naval Police Coxswains (Royal Australian Navy)
- Responsible for criminal law enforcement on RAN shore establishments and ships, Whole Ship Coordination, assisting local law enforcement during foreign shore visits
Military Aid to the Civil Power
The ability of the ADF to grant aid to the "civil power" is defined in legislation. In simple terms, the ADF is not a domestic police force, and should not be used inside Australia in a law enforcement role. Due to the significant civil liberties concerns in the use of Military Aid to the Civil Power, its use is extremely limited, and procedures are strictly outlined in legislation. The legal basis of military aid to the civil power is the basic duty of all the Queen's Subjects to maintain the Queen's peace.
Inside Australia, the relevant State, or Territory Cabinet or responsible Minister must initiate a request to the Commonwealth for military assistance, and then the Commonwealth Cabinet must approve the request before any action is initiated by the ADF. The State/Territory onsite Police commander retains jurisdiction. The Federal Executive Council must be satisfied that the State/Territory cannot handle the incident in question due to either its magnitude (i.e. mass riots), its nature (i.e. a chemical attack requiring the Incident Response Regiment), or the financial inability of the State/Territory to provide its own capabilities.
Some ADF units are maintained specifically for aiding the civil power, these include the three Tactical Assault Groups, which are Australia's last ditch counter-terrorist teams, and the Incident Response Regiment.
Commonwealth ministers can request Defence assistance for the AFP, and other Commonwealth police agencies.
Australia's coastline is protected by the Navy, which performs a partial customs role. This is not regarded as Defence assistance to the civil power because the RAN in these instances is exercising/protecting Australian national soverignty, and not policing the Australian public. The RAN has no jurisdiction to board Australian flag ships without a Police presence, a warrant, an obvious sign that there is trouble, or an invitation from the vessel's owner or Captain. Foreign flag ships may be boarded without restriction in Australian waters.
Military Aid to the Civil Community
Unique Defence capabilities can help to serve the civilian community, the RAN and RAAF can perform search and rescue missions at sea. The ADF's large helicopter inventory (the largest in Australia) has myriad potential civil uses. The ability of the Defence Force to muster large numbers of personnel, and aircraft aid in land search and rescue missions, and its extensive, and deployable emergency medical facilities can help in natural disasters.
Because the ADF is not used in a police role, the procedures are far less strict, and revolve around financial considerations. In most cases, the state/territory requesting assistance must pay the majority of the cost.
State and Territory Police Forces
Each State as well as the Northern Territory is responsible for maintaining its own police force which is responsible for policing at the state and local level. This involves general law and order, traffic policing, major crime, anti-terrorism branches, water police, search and rescue and in some states transit police. State police agencies also assist the Australian Federal Police. Local policing in the Australian Capital Territory, Jervis Bay Territory and Australia's external territories is contracted to the Australian Federal Police (AFP).
In some states, local governments employ by-laws officers or rangers to enforce local by-laws or ordinances relating to such matters as parking, dog ownership, retailing, littering or water usage. These local government officers are not considered to be police forces as they generally only have the power to issue fines and do not have the same powers as state police. They may rely upon appointment as a Special Constable or legislated powers for their authority.
The following state and territory police forces operate in Australia
- Fiji Police
- New South Wales Police Force
- New Zealand Police
- Northern Territory Police
- Royal Papua New Guinea Constabulary
- Queensland Police Service
- Royal Solomon Islands Police
- South Australia Police
- Tasmanian Police
- Victoria Police
- Western Australia Police
All state and territory police forces have Police Tactical Groups fit into a National Counter Terrorist Operations Plan
The Police Tactical Groups are as follows:
- Victoria Police Special Operations Group
- New South Wales Police Force State Protection Group
- South Australia Police Special Tasks and Rescue
- Western Australia Police Tactical Response Group
- Special Emergency Response Team (Queensland)
- Northern Territory Police Territory Response Group
- Special Operations Group of the Tasmania Police
- New Zealand Police Special Tactics Group
- Royal Solomon Islands Police Special Weapons and Tactics Squad
- Fiji Police Special Response Group
- Royal Papua New Guinea Constabulary Tactical Response Unit
Equipment and Weapons
With the exception of the Department of Defence's police agencies (which use ADF standard equipment), most Australian police forces use similar, or identical equipment. All Australian police officers are armed on duty, and officers frequently carry carbines, and shotguns. Pistol caliber carbines are increasingly popular for urban situatios in which over-penetration is common. A variety of 5.56mm, and pistol caliber carbines are used. Only Victoria, and South Australia issue revolvers
Weapons
- Glock 22, 23, 27 .40S&W pistol
- Smith and Wesson Model 10 .38 Special revolver (Victoria)
- Smith and Wesson Model 19 and 66 .357 Magnum revolver (South Australia)
- Glock 17, 19, 26 9mm pistol (New Zealand, Police Tactical Groups, Customs)
- Browning L9A1 9mm pistol (ADF, Fiji)
- F88 Austeyr 5.56mm assault rifle (ADF, Police Tactical Groups)
- F89 Minimi 5.56mm light machine gun (ADF)
- MAG-58 7.62mm General Purpose Machine Gun (ADF, Customs)
- M2 QCHB 12.7mm Heavy Machine Gun (ADF, Customs)
- AR-15 5.56mm semi-automatic rifle (New South Wales)
- M16A2 5.56mm assault rifle (Customs)
- M4A5 5.56mm automatic carbine (Police Tactical Groups)
- F88C-Police 5.56mm semi automatic carbine
- Ruger Mini-14 (Western Australia)
- HK UMP40-SF
- HK MP5/40SF (Western Australia, Papua New Guinea, Solomon Islands)
- MP5SFA3 (New Zealand)
- Beretta Cx4 Storm (.40 S&W-Tasmania, 9mm-Fiji)
- HK MP5A5/MP5SD6 (Police Tactical Groups)
- Remington 870 12ga shotgun
- Benelli M3 12ga shotgun (Queensland)
- Mossberg 500 12ga shotgun (Western Autralia)
- KAC Masterkey (Police Tactical Groups)
Other equipment
- Expandable Baton
- Handcuffs
- Radios
- OC Spray
- Tasers (Queensland, NSW, and Solomon Islands only)
- Mobile Data Terminals
Vehicles
- Ford Falcon
- Holden Commodore
- Holden Rodeo
- Toyota Hilux
- Nissan Patrol
- Landrover Perentie (ADF)
- Landrover 110 Defender
- Ford Falcon Ute (as a caged truck)
- BMW Motorcycles (road)
- Suzuki Motorcycles (off road)
Self-defence
Australia's self-defence, and firearm legislation is among the most liberal in the world. All Australians have the right to use force to defend themselves, their families, and their homes. Should a criminal be injured or killed by someone defending himself, or defending another, the criminal (or his relatives) have no legal recourse whatsoever. An attempt to bring a suit against someone defending himself or another will in all cases be dismissed, with the criminal forced to pay all costs.
Australians have the right to keep and bear any weapons which are useful in the defence of an individual. This in practice means the following:
- Pistols
- Rifles and carbines
- Sub-machine guns
- Shotguns
- Automatic rifles
- Light Machine Guns
- General Purpose Machine Guns
Australians must obtain permission to own other types of weapons, and explosive/incendiary ammunition. Nuclear, biological, and chemical weapons are banned.
Australia's gun laws were liberalised in 1993, and Australia has seen the greatest boom in the firearms market in its history. Australian Defence Industries Lithgow leads the market for domestically produced weapons, with versions of its F88 Austeyr sold for as little as $1000 new. Due to popular demand, ADI Lithgow resumed production of the L1A1 SLR. Australian Government surplus weapons are also popular, and inexpensive.
People convicted of a felony are not allowed to own firearms unless they have for five years after release not committed any crime. After that, they are permitted possession and use of a firearm for home defence, and sporting. They may not carry a firearm in the street, or anywhere else outside their homes.
