Justice and Law in Australia
From Daily Escape
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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Courts in Australia
Australia has separate State/Territory, and Commonwealth Court systems, but in all, the ultimate Court of Appeal is the High Court of Australia. Australia has Superior, and Inferior courts. Superior Courts are those which have, originally, unlimited jurisdiction to hear disputes and are the highest courts in their section of the Australia court hierarchy. They may hear disputes in all areas, and are only limited by legitimate legislation. Inferior Courts are those which are considered secondary to Superior Courts. Their existence is from legislation and their powers are the opposite of Superior Courts: they only have the power to decide on matters where parliament grants them the power to do so.
Commonwealth Courts
- High Court of Australia
- Consitutional matters
- Appeals
- Federal Court of Australia
- Corporations
- Trade practices
- Industrial relations
- Bankruptcy
- Customs
- Immigration
- Other matters arising in Federal law
- Family Court of Australia
- Family law
- Federal Magistrates' Court of Australia
- Inferior court, intended to ease caseload of the Federal Court of Australia
- Administrative Appeals Tribunal
- Administrative decisions of the Commonwealth government
State/Territory Courts
Each state and territory has a Supreme Court, which is a superior court of record and is the highest court within that state or territory. These courts also have appeal divisions, known as the Full Court or Court of Appeal of the Supreme Court (in civil matters), or the Court of Criminal Appeal (in criminal matters). Each state has its own court heirarchy, usually with two levels. District (or County) Courts exercise jurisdiction for less serious criminal offences, or civil matters below a certain threshold (usually about $1 million). Magistrate's (or Local) Courts handle summary matters, and minor civil matters.
All of the external territories have Supreme Courts, and Courts of Petty Sessions, however these are required so infrequently that they are not permanently staffed, when required, staff are seconded from other courts, usually federal courts, of courts from adjacent states (for example, Norfolk Island courts tend to use staff from New South Wales).
- Australian Capital Territory
- Supreme Court of the Australian Capital Territory
- Magistrates' Court of the Australian Capital Territory
- Fiji
- Supreme Court of Fiji
- High Court of Fiji
- Magistrate's Court of Fiji
- New South Wales
- Supreme Court of New South Wales
- District Court of New South Wales
- Magistrate's Court of New South Wales
- New Zealand
- Supreme Court of New Zealand
- High Court of New Zealand
- District Court of New Zealand
- Family Court of New Zealand
- Environment Court of New Zealand
- Norfolk Island
- Supreme Court of Norfolk Island
- Norfolk Island Court of Petty Sessions
- Northern Territory
- Supreme Court of the Northern Territory
- Magistrates' Court of the Northern Territory
- Papua New Guinea
- Supreme Court of Papua New Guinea
- State Court of Papua New Guinea
- Magistrate's Court of Papua New Guinea
- Queensland
- Supreme Court of Queensland
- District Court of Queensland
- Magistrates' Court of Queensland
- Solomon Islands
- Solomon Islands High Court
- Solomon Islands Court of Appeal
- Magistrates Court of Solomon Islands
- South Australia
- Supreme Court of South Australia
- District Court of South Australia
- Magistrates' Court of South Australia
- Tasmania
- Supreme Court of Tasmania
- Magistrates' Court of Tasmania
- Western Australia
- Supreme Court of Western Australia
- Family Court of Western Australia
- District Court of Western Australia
- Magistrates' Court of Western Australia
Military Justice System
In 1982 the Federal Government introduced the Defence Force Discipline Act 1982 (DFDA) as a part of Commonwealth law. This law became effective in 1985, and all ADF members are subject to it.
The purpose of the DFDA is to maintain and enforce military discipline.
The discipline system is necessary for ADF operational capability by dealing with offences that affect military discipline. This includes offences that are uniquely military and other offences that occur in a military environment.
Military courts handle specifically military matters as specified in the DFDA. All other criminal matters are handled by civlian courts. If they arise within Australia, the relevant court of the relevant state/territory is used. The Federal Court of Australia handles matters regarding ADF property, as well as any criminal matter arising overseas. The following courts exist in the ADF justice system:
- General Court-Martial
- Restricted Court-Martial
- Defense Force Magistrate
- Superior Summary Authority
- Commanding Officer
- Subordinate Summary Authority
- Discipline Officer
(Relevant link) [1]
Crime and Punishment
Punishments for crimes very across Australian states and territories, and range from community service through various gaol terms to death. Capital punishment was reintroduced in Australia in 2001 by the Hawke government, after a conscience vote in Parliament, and a referendum. Capital Punishment is used in New South Wales, Queensland, Western Australia, the Northern Territory, Fiji, Papua New Guinea, and the Solomon Islands. In addition, the Commonwealth uses it for high treason, treason, and espionage.
Below is a list of crimes and punishments that is used in most states (though none conforms exactly to the list)
- Treason = Minimum: 15 years, Maximum: Death (High Treason); Minimum: 7 years gaol, Maximum: Death (Treason/Espionage)
- Espionage (by a foreigner) = Minimum: 5 years gaol, Maximum: Death
- First-degree murder = Minimum: 5 years gaol, Maximum: Death
- Second-degree murder = Minimum: 2 years gaol, Maximum: Life
- Manslaughter = Minimum: 2 years gaol, Maximum: 25 years gaol
- Negligent homocide = Minimum: 1 year gaol, Maximum: 15 years gaol
- Hit-and-run = Up to 7 years gaol, community service (non-fatality); As for manslaughter (fatality)
- Tax evasion = Fines up to $25,000 plus amount in dispute to 3 years gaol
- Shoplifting = Fines up to $25,000 plus amount in dispute to 3 years gaol
- Pickpocketing = Fines up to $25,000 plus amount in dispute to 3 years gaol
- Vandalism = Forced to clean/repair all damage, Fines up to $25,000 plus amount in dispute to 3 years gaol
- Rape = Minimum: 25 years gaol, Maximum: Death
- Non-rape sexual abuse = Minimum: 25 years gaol, Maximum: Life
- Theft of private property = Up to 7 years gaol
- Physical assault (no weapon) = Up to 10 years gaol
- Assault with a deadly weapon = Up to 10 years gaol
- Kidnapping = 25 Years to Life in gaol, Asset forfeiture/indentured servitude for medical costs (in the case of injury)
- Leading/Inciting a riot = 4 years gaol
- Participating in a riot = 1 year gaol
- Breaking and entering = Up to 5 years gaol
- Fraud = Fines, up to 10 years gaol
- Non-sexual child abuse = Minimum: 10 years gaol, Maximum: Life
- Animal abuse = Minimum: 10 years gaol, Maximum: Life
- Bestialty = Minimum: 10 years gaol, Maximum: Life
- Pedophilia = Minimum: 25 years gaol, Maximum: Life
- Promoting public unrest/disorder = Minimum: 2 years gaol, Maximum: 7 years gaol
- Littering = Fine of $50-300
- Speeding = Fine of between $100-2000, plus suspension of license from 3 months, to life
- Driving through a red light = Fine of between $300-2000, plus suspension of license from 3 months, to life
- Indecent exposure = Fines, community service
- Counterfeiting money = Up to 10 years gaol
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
Aid to Civil Authorities
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. The sensitivity of using the ADF to aid the civil power varies with the way in which the powers are used. No public objection to the use of defence personnel and equipment to aid the civil authorities in fighting bush fires has ever been registered, and state and territory authorities, and the public have given positive recognition to the ADF for the role it plays, particularly the Fleet Air Arm, and Australian Army Aviation for the provision of helicopters.
There are two categories of Defence aid to the civil power, force, and non-force. Force includes such situations as counter-terrorist operations, and riots, in which ADF personnel are used on Australian soil in peacetime in operations that require the ADF to use force. Non force situations include bomb disposal, disaster relief, logistics and communications support, search and rescue, infrastructure construction in remote areas (used as training for civil engineers), industrial action (i.e. RAAF transport aircraft being used during airline strikes, troops being used to load cargo ships), and surveying (most of Australia was mapped by the Australian Army, and the RAAF).
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.
Unique Defence capabilities can help to serve civil powers, 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.
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.
In the case of bushfires/other natural incidents threatening Commonwealth Property/Employees, the State Authorities need not consult the Commonwealth, provided the Minister of Defence believes that a substantial threat to Commonwealth Employees/Property.
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.
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.
