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Law enforcement in Australia

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Overview of law enforcement in Australia
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Australian police station sign

Law enforcement in Australia is one of the three major components of the country'sjustice system, along withcourts andcorrections. Law enforcement officers are employed by all three levels of government –federal,state/territory, andlocal.

Federally, the primary law enforcement agency is theAustralian Federal Police (AFP), which has a wide mandate to enforceAustralian criminal law and protect its national interests. There is also a number of other agencies that have powers confined to specific areas, such ascustoms andimmigration (Australian Border Force), and white-collar crime (Australian Taxation Office,Australian Competition & Consumer Commission,Australian Securities & Investments Commission). Each branch of theAustralian Defence Force (ADF) has its ownmilitary police which operates under theJoint Military Police Unit (JMPU). TheADF Investigative Service also forms part of the JMPU and is the primary agency for complex investigations that fall under theDefence Force Discipline Act.

General law enforcement duties are generally the responsibility ofstate police forces, who are in turn responsible to a state government minister (usually a Minister for Police). These forces carry out uniformed policing throughout the entire state in which they operate. Other state government agencies may also have investigative or enforcement powers for specific offences within their purview, such asfisheries. TheNorthern Territory is the onlyAustralian Territory with its own police force, but in Australia's otherterritories (including theAustralian Capital Territory) law enforcement is handled by the Federal Government, specifically theAustralian Federal Police.Local governments may also employ their authorised officers, commonly known ascouncil rangers, to enforce local governmentby-laws or certain state laws pertaining solely to the local government jurisdiction in which they're employed. Council rangers do not have full police powers unless they are sworn asspecial constables.

South Australia Police officers

State police officers and Australian Federal Police officers routinely carry firearms, other state and federal law enforcement officers may carry firearms or other items for personal defence depending on their agency or the condition in which they're deployed. While on duty, an armed law enforcement officer's duty belt generally consists of ahandgun,Taser,expandable baton,pepper spray, a set ofhandcuffs, ammunition magazines, gloves,torch, and atwo-way radio.

Federal

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Australian Federal Police

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The primary federal law enforcement agency in Australia is theAustralian Federal Police. The AFP was created in 1979, having been the result of an amalgamation of the now-defunctCommonwealth Police and Australian Capital Territory Police Force. It is responsible for the investigation of federal offences (crimes against theCommonwealth), and has federal jurisdiction throughout Australia.[1] It provides protective services to federal government properties, government personnel, dignitaries and foreign diplomatic officials, and major airports. It also provides regular law enforcement within external Australian territories, theAustralian Capital Territory and theJervis Bay Territory. The boundaries between the two levels of law enforcement are somewhat flexible, and both state and federal police cooperate on or transfer cases between each other depending on the specific circumstances.

The AFP also conducts operations overseas. These include providing liaison officers to various overseas posts to assist in relations with various police forces overseas, providing community policing to assist in the development of foreign law enforcement agencies, and contributing to peacekeeping operations such as theRAMSI Mission in theSolomon Islands and theUN Peacekeeping Force inCyprus.

The AFP forms part of Australia'sNational Intelligence Community.[2]

Australian Border Force

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Border Force inFremantle
Australian Border Force Investigator forces entry into a container

TheAustralian Border Force is responsible for customs and immigration enforcement and border protection at Australia's ports as well as in Australian waters, and conducts investigations where the AFP does not have primary jurisdiction. Unlike AFP Officers, Border Force Officers do not have fully vested federal police powers, and can only exercise arrest and detain powers at airport and seaport jurisdictions. They may, however, detain persons for state or federal crimes orwarrants until that person can be presented to a federal or state law enforcement officer with the appropriate powers. Australian Border Force officers have the authority to carry firearms when trained. In practice, only maritime, counter-terrorism, and investigation officers carry firearms.

Australian Fisheries Management Authority

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TheAustralian Fisheries Management Authority (AFMA) providesfisheries enforcement in Australia'sExclusive Economic Zone, officers are authorised under theFisheries Management Act 1991 to board and search vessels, and search vehicles and persons suspected of committing fisheries offences and may also search shore-based installation under a search warrant or in other specific circumstances. AFMA officers may with or without a warrant, arrest a person suspected of committing a fisheries offence or an offence againstenvironmental law, and authorised to carry personal defense equipment.[3] Like theAustralian Federal Police andAustralian Border Force, AFMA is overseen by theNational Anti-Corruption Commission.[4]

Australian Tax Office

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TheAustralian Tax Office (ATO) is arevenue service responsible fortax collection throughout Australia. The ATO is overseen by theNational Anti-Corruption Commission.[5] ATO officers are provided limited law enforcement powers under theExcise Act 1901 and theTax Administration Act 1953. AFP and ABF officers are also provided powers under these Acts.

Australian Criminal Intelligence Commission

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TheAustralian Criminal Intelligence Commission (ACIC) is a standing commission to provide criminal intelligence to Federal and State law enforcement agencies and assists in criminal investigations.[6] ACIC is formed under theAustralian Crime Commission Act, and while the Commission itself does not have full law enforcement powers, law enforcement officers from state and federal agencies are routinely seconded to the ACIC to assist in its functions. Under theAustralian Crime Commission Act ACIC members have a number of coercive powers to gather criminal intelligence.[7] TheAustralian Institute of Criminology (AIC), is an independentcriminology research institute formed under the ACIC, with the CEO of the ACIC also serving as the director of the ACI. Like the AFP, ACIC is also part of Australia'sNational Intelligence Community.[2]

National Anti-Corruption Commission

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TheNational Anti-Corruption Commission (NACC) is astatutoryanti-corruption commission responsible for investigating allegations of corrupt conduct by Commonwealth officials. The commission has the power to investigate Commonwealth ministers, public servants, statutory office holders, government agencies, parliamentarians, and personal staff of politicians and replaced theAustralian Commission for Law Enforcement Integrity.[8] The commission's powers are equivalent to that of aRoyal Commission with the ability to compel witnesses and compel documents to be produced to the commission.[9]

Military

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This section needs to beupdated. Please help update this article to reflect recent events or newly available information.(November 2022)

Military Police, also known as Service Police, are the law enforcement branches of the services of a military tasked with enforcing and investigating offences violating military law.

In Australia, each branch of theAustralian Defence Force maintains its independent police force made up of military personnel from that service. In theAustralian Army, theRoyal Australian Corps of Military Police conducts general law enforcement duties including security on military installations, investigations and close personal protection.[citation needed] In theRoyal Australian Navy, policing functions are undertaken byCoxswains. In theRoyal Australian Air Force, security and law enforcement duties are undertaken bySecurity Forces andAirfield Defence personnel.[10][11]

Along with the independent service police forces is theAustralian Defence Force Investigative Service (ADFIS), a special ADF unit made up of Investigators from each service's police and tasked with investigating more serious military offences. All ADF policing agencies come under the umbrella of theJoint Military Police Unit (JMPU), an agency of the AustralianDepartment of Defence led by theProvost Marshal and tasked with providing specialised military policing services and supporting civilian police in defence matters.[12]

State/territory

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Queensland Police Service officers patrolling on bicycles.

Eachstate, as well as theNorthern Territory, is responsible for maintaining its police force which is responsible for policing at the state and local levels. This involves general law and order, forensics, traffic policing, major crime, anti-terrorism branches, water police, search and rescue and in some states transit police. Local policing in theAustralian Capital Territory,Jervis Bay Territory andAustralian external territories is contracted to the Australian Federal Police (AFP). Each state has a Department of Corrections which looks after the jails and prisoners.[1][13]

In some states,local governments employ by-laws officers or rangers to enforce localby-laws orordinances 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 aspecial constable or legislated powers for their authority.

New South Wales Police Force officers at a protest

Police

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Victoria Police officers on duty at a protest

State police also perform certain functions on behalf of the Australian government such as the enforcement of various Commonwealth Acts and regulations in conjunction with the Australian Federal Police and other Commonwealth officers.

TheAustralian Capital Territory (ACT) andJervis Bay Territory are serviced by the Australian Federal Police (AFP)ACT Policing.[14] The AFP also provide local policing theAustralian external territories.[14]

WhileACT Policing is under the jurisdiction of the Australian Federal Police, the following policing agencies are regulated by their respective state or territory government and are highly visible:

Coat of ArmsAgencyState / TerritoryHeadquartersOfficersCommissioner
New South Wales Police Force (NSWPF)New South Wales1 Charles Street,Parramatta,Sydney17,348Karen Webb
Northern Territory Police Force (NTPOL)Northern Territory914McMillans Road,Knuckey Lagoon,Darwin1,700Michael Murphy
Queensland Police Service (QPS)Queensland200Roma Street, Brisbane11,880(Acting) Steve Gollschewski[15]
South Australia Police (SAPOL)South Australia100Angas Street,Adelaidec. 5,000Grant Stevens
Tasmania Police (TASPOL)Tasmania37Liverpool Street, Hobart1,376Donna Adams
Victoria Police (VICPOL)Victoria313Spencer Street,Docklands,Melbourne15,651Shane Patton
Western Australia Police Force (WAPOL)Western Australia2Adelaide Terrace,East Perthc. 7,000Col Blanch

Sheriffs

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In recent years, the states and territories have returned the responsibility of recovering court-ordered fines to their sheriffs. In practice, the police often carry out the functions of sheriffs and bailiffs in rural and more sparsely populated areas of Australia.

The office ofsheriff was first established in Australia in 1824. This was simultaneous with the appointment of the firstChief Justice of New South Wales. The role of the sheriff has not been static, nor is it identical in each Australian state. In the past, a sheriff's duties included: executing court judgments, acting as acoroner, transporting prisoners, managing thejails, and carrying out executions (through the employment of an anonymoushangman).

Currently, no Australian state provides for capital punishment. A government department (usually called the Department of Corrections or similar) now runs the prison system and the coroner's office handles coronal matters. In most states, the sheriff is now largely responsible for enforcing the civil orders and fines of the court by seizing and selling the property of judgment debtors who do not satisfy the debt, providing court security, enforcing arrest warrants, evictions, taking juveniles into custody, and running the jury system.[16] In some states the duties of the Sheriff also extends to courtroom security.[17][18] Some state sheriffs can also apply a wide range of sanctions ranging from suspending driver's licenses and car registration through towheel clamping and arrangingcommunity service orders, and as a last resort can make arrests.

Fisheries

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Western Australian Fisheries vesselWalcott.

In addition to theAustralian Fisheries Management Authority, each state and theNorthern Territory haveFisheries officers authorised to enforce State and Federal fisheries laws within their state's jurisdiction.[19] The powers of these fisheries officers vary from State to State but generally, these officers have the power to board vessels, search vehicles, vessels, and persons and conduct arrests all in relation to fisheries laws.[20][21] In some States, such as New South Wales, fisheries officers are authorised to carry personal defense equipment like their Federal counterparts.[22]

Local

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Typical Council Ranger vehicle fitted with orange lights and a K9 Kube for dog collection

Council rangers are officers employed by local government areas in Australia to enforce the by-laws (local laws inWestern Australia); of those local governments and a limited range of state laws relating to such matters as litter control,animal control, dog and cat laws, fire control, off-road vehicles, emergency management, and parking. Unless they are also sworn in as special constables rangers do not have full police powers. Council rangers are also referred to as local laws officers in some of Australia's eastern states. Most Council rangers have the power to issue fines that do not exceed a certain amount.

Advisory bodies and community groups

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South Australia Police Security Response Section Officers

The Australia New Zealand Policing Advisory Agency (ANZPAA) was established in October 2007.[23] ANZPAA is a joint initiative of the Australian and New Zealand Police Commissioners and is funded by contributions to Australia and New Zealand Police jurisdictions. ANZPAA is a non-operational policing agency that provides strategy and policy advice, and secretarial services to the ANZPAA Board on cross-jurisdictional policing initiatives that help enhance community safety and security. ANZPAA's strategic direction is set by ANZPAA’s board and the Australia New Zealand Council of Police Professionalisation (ANZCoPP, formerly Australasian Police Professional Standards Committee, APPSC).

The Australasian Police Professional Standards Committee (APPSC) was an organisation that served all police jurisdictions around Australia and New Zealand. It was the body for police education and training in Australia and New Zealand; the council comprising each of the police commissioners from Australia and New Zealand along with the president of thePolice Federation of Australia and the president of the New Zealand Police Association. On 9 November 2007, APPSC roles and functions were amalgamated into ANZPAA. In 2013, APPSC was retitled to the Australia New Zealand Council of Police Professionalisation.

Crime Stoppers programs run in each state and on a national level. These programs collect information about crimes and pass them on to police, ensuring that the community can participate in fighting crime.

Controversies

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Colonial legacy

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A tinted lithograph depicting the Waterloo Creek massacre of Indigenous warriors by the New South Wales Military Mounted Police.
New South Wales Mounted Police engaging Aboriginal warriors during theWaterloo Creek massacre of 1838

Involvement of state law enforcement in suppressing Indigenous resistance to colonisation has been widely controversial.[24] TheNew South Wales Mounted Police were formed following theBathurst War between British colonists and theWiradjuri people in 1824, and in modern Australia continue to be deployed as part of police presence atpeaceful protests in many states.[25]

Across colonial Australia, police forces were mobilised in violent conflict during theAustralian frontier wars and were heavily involved inthe many Indigenous fatalities that led to sharp decline of Indigenous populations since colonisation. TheQueensland Native Police Force alone were responsible for an estimated 24,000 "violent Aboriginal deaths" between 1859 and 1897, as calculated by professor Raymond Evans in 2009.[26]

Slavery in Australia was sanctioned by law (before being banned in 1901 followingFederation) and was officially upheld by many police forces and government systems. In the Northern Territory, the Aboriginals Ordinance 1918 (Cth) allowed forced recruitment ofIndigenous people and legal non-payment of wages, grantingProtectors and police the right to uphold this arrangement.[27]

Police misconduct and corruption

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This section is an excerpt fromPolice misconduct § Australia.[edit]
Ticket booths used to strip search patrons at a music festival inSydney in 2019

In 1987, theFitzgerald Inquiry was launched in response to allegations of misconduct within theQueensland Police Service, before later being expanded to investigate allegations of corruption within theQueensland Government. At the conclusion of the inquiry, several senior police figures and government ministers were charged and jailed for various corruption offences. The inquiry led to the resignation of then Queensland PremierJoh Bjelke-Petersen, who was later charged with perjury before the case was abandoned due to ahung jury.[28]

In the mid-1990s, aRoyal Commission was established to investigate allegations of corruption and misconduct within the New South Wales Police Service (later changed toNew South Wales Police Force). The commission found that there was “systematic and entrenched” corruption within the organization, with adverse findings being made against 284 officers, seven of whom were jailed for various offences.[29]

In 2001, New South Wales Police were given the power to deploydrug detection dogs at certain public locations across the state – namely at major events,train stations and licensed venues.[30] More recently, the practice has been criticized due to reports of officers routinely using indications from drug detection dogs as a justification for conductingstrip searches, particularly at major public events such asmusic festivals (seeNew South Wales Police Force Strip Search Scandal).[31][32] In 2018, an inquiry was launched by thestate’s police watchdog, who found that in several cases, officers had acted unlawfully.[33] In 2022, a class action pertaining to strip searches conducted at music festivals from July 2016 onward was filed in the state’sSupreme Court.[34]

Transportation

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Mounted police officers in New South Wales

By agreement between the various commissioners, most police cars in Australia are predominantly white, with a blue and whiteSillitoe tartan checkered strip on the side. Historically, police fleets were composed predominantly of domestically built models such as theHolden Commodore andFord Falcon. With the demise of Holden and Ford production in Australia, fleets have grown to include models such as theChrysler 300,BMW 5 Series,[35][36]Kia Stinger,[37]Volkswagen Passat,Mercedes-Benz E-Class, andHyundai Sonata. Prisoner transport vehicles are based onlight commercial vehicles such as theFord Ranger,Toyota Hilux,Holden Colorado,Mercedes Vito, orVolkswagen Transporter.

A wide range of vehicles are used for unmarked purposes to blend in with civilian vehicles.

Emergency vehicle lighting differs across Australian jurisdictions and may vary based on law enforcement functions (e.g. parks compliance, fisheries, local law enforcement, etc.). However, primary law enforcement agencies utilise blue and red flashing warning lights.

Mounted police officers inVictoria

Most Australian police services have mounted police units that are prominently used for ceremonial purposes, although inNew South Wales,South Australia,Western Australia, andVictoria the mounted police also undertake operational policing duties.

Defunct law enforcement agencies

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Federal

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State/territory

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See also

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References

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  1. ^abBarker, Cat (12 September 2018)."Crime and law enforcement: A quick guide to key internet links".Parliament of Australia. Retrieved24 July 2022.
  2. ^ab"National Intelligence Community agencies".National Intelligence Community. Retrieved30 May 2024.
  3. ^"Fisheries Management Act 1991".
  4. ^"What ACLEI can investigate".aclei.gov.au. Retrieved2 November 2022.
  5. ^"ATO Annual Report".transparency.gov.au. Retrieved2 November 2022.
  6. ^"ACIC About us".acic.gov.au. Retrieved2 November 2022.
  7. ^"Australian Crime Commission Act 2002".
  8. ^"Who can NACC investigate?".Attorney-General's Department. Retrieved29 March 2023.
  9. ^Ng, Yee-Fui (5 October 2022)."Will the National Anti-Corruption Commission actually stamp out corruption in government?".The Conversation.
  10. ^"Combat & Security".
  11. ^"Defence Jobs Australia - Military Police". Archived fromthe original on 11 April 2021.
  12. ^"Joint Military Police Unit". Department of Defence. 31 October 2023.
  13. ^"Our organisation".Australian Federal Police. February 2016. Retrieved24 July 2022.
  14. ^ab"AFP across the world".Australian Federal Police. 26 February 2016. Retrieved10 February 2023.
  15. ^"Experienced Senior officer named Acting Police Commissioner".Ministerial Media Statements. Retrieved2 March 2024.
  16. ^"Office of the Sheriff of New South Wales".www.courts.justice.nsw.gov.au. Retrieved3 January 2016.
  17. ^"About the Office of the Sheriff".courts.nsw.gov.au.
  18. ^White, Richard."Sheriff's Office".CAA.
  19. ^"Fisheries Jurisdiction".fish.gov.au.
  20. ^"Fisheries Management Act 2007".
  21. ^"FISHERIES MANAGEMENT ACT 1994 - as at 19 October 2022 - Act 38 of 1994".
  22. ^"FISHERIES MANAGEMENT ACT 1994 - as at 19 October 2022 - Act 38 of 1994".
  23. ^"About ANZPAA".www.anzpaa.org.au. Retrieved21 March 2020.
  24. ^"Australian Police: The History of Systemic Brutality Continues to This Day".Sydney Criminal Lawyers. 5 June 2020. Retrieved3 July 2022.
  25. ^Murray, Angus; Gapps, Stephen (28 July 2021)."From colonial cavalry to mounted police: a short history of the Australian police horse".The Conversation. Retrieved3 July 2022.
  26. ^Docker, John; Curthoys, Ann; Peters-Little, Frances (2010). Peters-Little, Frances; Curthoys, Ann; Docker, John (eds.).Passionate Histories. ANU Press. p. 31.doi:10.22459/ph.09.2010.ISBN 978-1-921666-65-0.
  27. ^"Was there slavery in Australia? Yes. It shouldn't even be up for debate".UNAA. 13 June 2020. Retrieved3 July 2022.
  28. ^Salisbury, Chris (1 July 2019)."Thirty years on, the Fitzgerald Inquiry still looms large over Queensland politics".Brisbane Times. Retrieved27 November 2022.
  29. ^Brown, Malcolm (9 June 2007)."Holding Judgement".The Sydney Morning Herald. Retrieved27 November 2022.
  30. ^Paul Gregoire, Ugur Nedim.The NSW Laws Relating to Drug Detection Dogs. Sydney Criminal Lawyers, 17 September 2019. Retrieved 27 November 2022.
  31. ^Gregoire, Paul (10 October 2014)."Strip Searches are Now Routine in New South Wales".Vice. Retrieved27 November 2022.
  32. ^Corderoy, Amy (2 December 2014)."Police in doghouse over strip searches".The Sydney Morning Herald. Retrieved27 November 2022.
  33. ^Law Enforcement Conduct Commission.Inquiry into NSW Police Force strip search practices. Final Report, December 2020 pp.3
  34. ^Daniel, Sue (23 July 2022).". Hundreds join class action against NSW Police strip searches at music festivals".ABC News. Retrieved27 November 2022.
  35. ^Andrew Chesterton (16 October 2017)."New NSW Police cars confirmed at last". MSN.
  36. ^Tim Robson (21 May 2018)."Chrysler 300 SRT and BMW 530d confirmed for NSW Police".CarsGuide.
  37. ^Dowling, Joshua (5 July 2018)."Queensland Police deploy Kia Stinger highway patrol cars". Retrieved11 July 2018.
  38. ^"Law Enforcement Integrity Commissioner Act 2006".www.legislation.gov.au. July 2016.
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