Functions And Jurisdictions Of Federal Agencies In Australian Policing

There is a significant overlap in functions and jurisdictions between numerous agencies operating at a federal level within Australia.

The Australian Border Force (ABF) and the Australian Federal Police (AFP)

Historically policing has been restricted to the defense of legal territories. The territory can be any territory which may involve a federal, state or even a municipal territory. The governments for the management of such territories have established a few policing organizations, which includes Australian Border Force (ABF), Australian Federal Police (AFP), and Australian Security and Intelligence Organization (ASIO). However the functions of such agencies are not always separate from each other and there are various situations where it has been identified that there has been an overlap between the powers of such agencies. There question which arises is that whether the overlapping of such powers and jurisdiction is harmful or beneficial for has to the state. This essay argues that there is a significant overlap in functions and jurisdictions between numerous agencies operating at a federal level within Australia (Van et al. 2015).

In order to determine the topic sentence it is necessary to analyze the various literary works available on the topic. These include peer reviewed journal articles and news provided by renowned newspapers in relation to the topic sentence. The paper provides what powers are overlapping between the ABF and AFP as well as ASIO and AFB and then analyzes the advantages and disadvantages of such overlapping. The paper also provides recommendations for the purpose of enhancing the regime.

Overlapping of powers

The ABF is one of the important departments in the Department of Immigration and Border Protection who are appoint for the protection for the offshore and onshore control enforcement investigation, detention operation and compliance in Australia. It is works as a law enforcement agency, which applied legislative powers through the sworn officer who are authorize to carry firearms. The ABF mainly works and control the movement of people and goods in Australian Border area. The ABF works with two forces that are Operations Group and the Support Group (Grewcock, 2014).

The operational group manage the responsibilities which are related with the goods, travelers and cargos under the border area and the support group manage the responsibilities where they helps to provide the support, planning and specialist services to ensure operational continuity across the border area. The ABF is works with the Australian Customs and Border Protection Service where holds the operational activities and investigations along with the Personal Defensive Equipment (PDE).  Under the Australian Border Force Act 2015 the officers from ABF legislates and exercise their powers to apply the Migration Act 1958 along with the Commonwealth legislation for working in the immigration detentions.

The AFP operated the federal law enforcement agency under the Australian Government for investigate crimes and provide protections for the national security of Australia. Under the Attorney General Department, the AFP is one of the national agencies who works for the Minister of Justice. Under such exercise of the legislated powers it works for the preventing, investigating and disrupting transnational, serious crimes which also includes the terrorism, violent extremes crimes, drug smuggling, cyber crime, human trafficking and child exploitations. The AFP works with National Intelligence Community, Australian Security Intelligence Organization, Australian Criminal Intelligence Commission and Australian Border Force. The AFP works on the various operational activities, which includes the representation the Australian Police and law enforcement with international investigation departments. They also work in the investigations of the complex, transitional and other serious crime. They help to protect the Australian and Australian interest where the country affected with terrorism and violent extremism.  The development of special force where the capabilities and exploiting advanced technology makes the supports for Australia as per the international interests.

The Concept of National Security under the Government of Australia on the overlapping the powers

The AFP is includes the force of the federal agents under Australian state and territory capital city where they also control other special criminal areas which includes the fraud activity against the government, illicit drug trafficking, drug smuggling, organized crimes, crimes which are related with information technology and communications and prevention, countering and investigation on the terrorism.

Under the Australian government, the national security system helps to discontinues and distributes to control the national threats, which deliberately works with deductive, deliberate and single-dimensioned strategic planning approach of the Cold War ‘Defense of Australia’ paradigm. It has developed with several conceptual inadequate where it has related with international reconceptualisation under the national security (Australian Federal Police, 2017). The national security makes the impacts on the political cultural dimension where it helps to protect the environmental crisis, which makes threats and risk for the humanity and involved with serious crimes. Under the several policymaking decision process also involved with the activities where it make the actual implications for the nation security through several organization in Australia. The national security ability makes the implicated priorities for the cause and effects for the government of Australia. Under the security of the ABF and AFP played one of the important roles under the Australian Government to provide protections for the citizens of Australia.

However, according to the features of Australian government on the ABF and AFP the both nation security organizations works on the exercise the powers of providing securities. In a recent case where the AFP and ABF have, both worked together in Australia. Two German nationals had appeared in the court of Melbourne where the case is related with the crime by a 22-year-old man and a 21-year-old woman are found with the illicit drug trafficking where they found with eight kilograms of cocaine. In this matter the ABF has stop them with a baggage of cocaine and sent for the investigation for the forensic reports and the AFP arrested both the men and women for the criminal offence under the section 307.5 of the Criminal Code 1995 (Cth) (Grewcock 2014)

In another case where the threat has also found where the AFP has seized a huge number of the ephedrine drug supply in Commonwealth of Australia. The Australian Police involves in this situation where they worked with the National Anti-Gangs Squad and ACT Policing Taskforce NEMESIS for investigate the commenced crime. The advanced crime technology and the nature of the crime the ABF also involved in this crime investigation as the alleged person has relation with the immigration group.

Overlapping functions 

The ASIO which is the national security agency of the country has been provided with the responsibility of protecting the country and its citizens from acts such as sabotage, espionage, politically motivated violence, terrorism, acts of foreign interference and any attack on the defense system of Australia. The organization is compared to MI5 (Britain) and FBI (United States). According to Manning (2014) the operations of the ASIO which needs policing powers are coordinated with the AFP or with the state and territory police forces. The right to detrain and arrest have also been provided to the ASIO. The ASIO officers have been exempted from a number of illegal activities while discharging their operations through the passage of the National Security Legislation Amendment Act 2014 by the commonwealth. Powers gave been provided to the officers of the ASIO to carry arms and the minister has the power to approve any training which may be required by the officers.

News Article

The ASIO has been provided with various powers, which includes special investigative powers such as telecommunication interception, postal and delivery articles examination, and use of tracking device. A special terrorism investigative power, which includes mandatory questioning of suspects, the seizure of passports and detention of a suspect, also vest in the ASIO. The ASIO also have the power to collect foreign Intelligence. These powers are provided to the organization on the request of the ministry of defense and the ministry of foreign affairs. With respect to the nature of their operations, the identities of the ASIO officers are remained undisclosed.

As in relation to the AFP it can be defined as the primary federal law enforcement agency having the function of protecting the national security as well as investigating crime. The AFP is responsible to the ministry of justice and is established under the Attorney-General's Department. The focus of the AFP is on the prevention, investigation and disruption of serious, organized, complex and transnational crimes. These criminal activities include cybercrime, violent extremism, child exploitation, human trafficking and drug smuggling. Thus it is inevitable that there would be an overlap between the functions of the ASIO and the AFP as they both have the responsibility of protecting the country from serious crimes like terrorism. The AFP has the function of indulging in community protection which means to ensure that community resides in peace whereas the same functions have also been bestowed upon in the ASIO. On one had where the AFP provides physical protection to the Australian government, the ASIO also safeguards the Australian government although not physically but through the use of intelligence.

According to the Heraldsun (2017) a policemen who had been attacked by a radicalized teen had launched a unprecedented legal action against the ASIO and the ASF for failing to warn him against such attacks. The legal basis of such actions is that it is the duty of both ASF as well as the ASIO to warn a person about any threat which is possible to him. Thus it is clear that the function of providing warning is same for both the ASIO as well as the AFP.

There are a few advantages and disadvantages of the overlapping of powers between the APF and ASIO. Firstly, where there is a overlap of power between the agencies completion is bound to rise and as stated by Crank (2014) completion is good for all government agencies. The overlapping of power allows agencies to work together in harmony to address any complex situation through the use of intelligence from ASIO and physical support from AFP.

However, the overlapping of powers may cause significant confusion as to what role is to be played by each agency as seen in the news article discussed above from the Heraldsun. Where functions overlap conflict is bound to be created as stated by Smith (2017). Therefore the overlap of power between the two agencies is bound to create a position of conflict.

1. In addition to utilising the multi-agency framework within Australian agencies; Australia could work with security agencies from developing countries in which organised crime is highly operative due to the lack of law enforcement and legislations.
2. Adopting a standardised information system which requires all states within Australia to share all relevant information on an individual`s criminal record. This is due to some states not including information such as where an individual has been charged and trailed for a criminal offence but did not receive a conviction when conducting a police check.
3. It is also recommended to have a clear and transparent system of policing in the country by ensuring that all information required to be passed on to the other agencies are provided to them in due to time to avoid any confusion.

Conclusion 

According to the above discussion the limits on the organizational crime has no limits Australia and the features and powers overlapping with each other also makes several expenditure against Each other. The Australian Border Force (ABF), Australian Federal Police (AFP), and Australian Security and Intelligence Organization (ASIO) are both relates with each other while enforcement the legislations and powers in the Australian government for the application to various programs (Australian Federal Police, 2017).

The ABF and AFP both are working on the national securities but somehow when the crime has different approaches in the national purpose and the application of the enforcement of the ASIO has different approaches in the social impacts in national theories. There is a significant overlap in functions and jurisdictions between numerous agencies operating at a federal level within Australia. While the AFP has approaching and planning to control the illicit drug crime and in other hand ABF measuring the government policy. Therefore, the advantages and disadvantages in both parts sometimes create conflicts. In other approaches, the ASIO may control on the terrorism activities the AFP police also control the system, which creates the overlapping under controlling the national security system. Now it can be stated that the overlapping the whole situation on the advantages and disadvantages on the crime scenes. However, it is necessary to follow the recommendation, which may helps to overcome the situation (Australian Federal Police, 2017).

References

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Australian Federal Police. (2017). Drug supply network dismantled after more than a tonne of border-controlled drugs seized. [online] Available at: https://www.afp.gov.au/news-media/media-releases/drug-supply-network-dismantled-after-more-tonne-border-controlled-drugs [Accessed 12 Nov. 2017].

Australian Federal Police. (2017). Two charged, eight kilograms of cocaine seized. [online] Available at: https://www.afp.gov.au/news-media/media-releases/two-charged-eight-kilograms-cocaine-seized [Accessed 12 Nov. 2017].

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Heraldsun.com.au. (2017). Cop stabbed by Haider sues AFP, ASIO. [online] Available at: https://www.heraldsun.com.au/news/law-order/police-officer-stabbed-by-numan-haider-accuses-afp-asio-of-information-failure/news-story/8e04b5e2772b4d38ee4174ada914f72b [Accessed 12 Nov. 2017].

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