Law Enforcement Agencies (HSC SSCE Legal Studies): Revision Notes
Law Enforcement Agencies
Key Definition
Law enforcement agencies are bodies responsible for enforcing the law, created by Acts of Parliament. These agencies include the police and various government departments that have been given specific powers to uphold statutes at both state and federal levels.
Understanding these agencies is crucial for comprehending how laws are enforced and how disputes are resolved in Australia's legal system.
The police
State and territory police
Under Australia's constitution, state governments hold the responsibility to provide police services to their communities. This constitutional arrangement means that each state and territory operates its own independent police force with jurisdiction within its borders.
Core responsibilities and functions
State and territory police services perform several critical functions in maintaining law and order. Their primary responsibilities include:
- Upholding the law
- Preventing crime before it occurs
- Investigating crimes that have been committed
- Providing protection to the community
Beyond these fundamental duties, police services also manage emergency incidents, enforce road and traffic regulations, and handle reports of missing persons.
Police powers and the code of practice
Police officers must follow strict rules when performing their duties. To ensure that evidence is collected correctly and can be used by the prosecution in court proceedings, police are governed by a code of practice.
Police Code of Practice: Four Key Areas
The code of practice outlines four main areas of police powers that protect individual rights while allowing effective law enforcement:
- Police powers to stop, search and detain people
- Police powers to enter and search premises, and seize property
- Police powers to arrest, detain and question suspects
- The way in which suspects and others are to be treated by police
Critical consequence: If police fail to follow the code of practice, evidence they collect may be ruled inadmissible in court, potentially undermining prosecutions.
The NSW Police Force
The New South Wales Police Force primarily focuses on enforcing criminal law, particularly offences contained in the Crimes Act 1900 (NSW). Some of the most serious crimes fall under the category of crimes against the person, including homicide, manslaughter and sexual assault. These offences carry severe penalties reflecting their gravity. More recently, new legislation has been passed to combat organised gangs and terrorist activities, reflecting evolving threats to community safety.
State policing extends beyond investigating serious crimes. Police also assist with mediation in family and neighbourhood disputes, particularly those involving domestic violence. The application and enforcement of apprehended violence orders (AVOs) represents another important aspect of state police work.
Apprehended Violence Orders (AVOs)
An AVO is a court order designed to protect a person who fears violence or harassment from a particular individual. In NSW, there are two types:
- Apprehended personal violence orders: Prohibit violence between members of the public
- Apprehended domestic violence orders: Prohibit violence within a family context
Police play a crucial role in ensuring these orders are respected and enforced.
Current issue: Controlled Electronic Devices (CEDs)
A significant current issue for state policing concerns the use of taser or stun guns, officially known as Controlled Electronic Devices (CEDs), to subdue, apprehend and disable suspects. These weapons deliver a strong electrical shock that disrupts the central nervous system, temporarily incapacitating the target.
Case Study: Roni Levi (1995)
In 1995, Roni Levi, a mentally unstable man, threatened people on Bondi beach with a knife. Police shot him dead after he ignored repeated warnings to drop his weapon.
Significance: Advocates of CEDs argue that Mr Levi might still be alive today if police had carried CEDs rather than firearms, as the device could have incapacitated him without lethal force.
The call for CEDs intensified in December 2008 following an incident in which Tyler Cassidy, a 15-year-old Victorian youth, was shot dead after brandishing a knife and making threats towards police. Proponents argued that a CED could have resolved the situation without loss of life.
Significant Concerns About CED Safety and Misuse
Health risks:
- While healthy adults are unlikely to suffer lasting damage from a CED, abnormal heartbeat may be triggered in persons with existing heart disease or other risk factors such as mental illness, drug use, alcohol use or high stress
- A 2008 Amnesty International report titled 'Less than Lethal?' documented the deaths of 334 people in the United States after CEDs were used on them
- In more than 40 of these cases, coroners determined that the shocks had led to or contributed to the death
Potential for abuse:
- CEDs are open to abuse by police officers with few guidelines or restrictions on their use
- Amnesty International's study found that 90 per cent of those who died after having a CED used on them were unarmed and did not pose a threat to the public
Case Study: Roberto Laudisio Curti (2012)
In March 2012, Roberto Laudisio Curti, a Brazilian student, was tasered by police for allegedly stealing biscuits from a convenience store in Sydney.
Key facts:
- Mr Curti had taken the drug LSD and was showing signs of extreme paranoid and agitated behaviour
- After being asked by police to stop and talk to them on several occasions, Mr Curti was chased by six police officers
- Police used capsicum spray before deploying a CED to apprehend him
- He died as a result of the confrontation
Significance: This case highlights the particular dangers when CEDs are used on individuals with mental health issues or under the influence of drugs.
Federal police
The Australian Federal Police (AFP)
The Australian Federal Police (AFP) is the federal police agency of the Commonwealth of Australia, established to enforce federal laws and protect Australia's interests both domestically and internationally. Unlike state police who operate within state boundaries, the AFP is responsible for enforcing federal law and addressing criminal law matters where crimes cross state boundaries.
The AFP's key role involves the prevention and detection of crimes within Australia against Commonwealth law. Under certain circumstances, police may also deal with issues involving Australians overseas. The crime legislation enforced by the AFP includes the Crimes Act 1914 (Cth) and the Criminal Code 1995 (Cth). Offences under AFP jurisdiction include drug importation and distribution, and crimes relating to Commonwealth entities such as bribery of Commonwealth public officials. The powers of the AFP are set out in the Australian Federal Police Act 1979 (Cth).
Post-9/11 transformation
Significant Change After September 11, 2001
The nature of the AFP and what is required of it have changed dramatically since September 11, 2001. The terrorist attacks in the United States on that date fundamentally altered the global security landscape.
Key changes:
- Far greater focus on international operations
- Increased intelligence sharing with overseas agencies
- Enhanced counter-terrorism capabilities
- Broader operational mandate
Modern challenges
The new challenges the AFP faces reflect the evolving nature of crime in the twenty-first century. These include:
- Terrorism and terrorist organisations
- Cybercrime (crimes committed using computers and the internet)
- Human trafficking (the illegal trade in people for exploitation)
- Sexual slavery (holding people in conditions of slavery for sexual purposes)
Each of these challenges requires specialised skills, international cooperation, and sophisticated investigative techniques.
Family law involvement
The AFP may also become involved in the family law process if the Family Court makes specific orders requiring AFP involvement. For example, if the Court believes that a child may be taken from Australia without proper authority, it can order AFP assistance.
AFP and Family Law
Under sections 65Y and 65Z of the Family Law Act 1975 (Cth), children involved in family law proceedings must not be removed from Australia without court permission.
Penalty: Up to three years' imprisonment for anyone who attempts to do this illegally.
AFP's role: Prevent illegal removal and assist in recovering children who have been wrongfully taken.
Notable cases
The AFP's work has not been without controversy. The textbook references the AFP's investigations into Mohamed Haneef's alleged role in a terrorist attack in Glasgow, Scotland (detailed in Chapter 19). This case is noted as "not the most glowing of reports" as the AFP spent $8 million investigating Dr Haneef, only for him to be found to have been wrongfully arrested. Similarly, Chapter 14 considers the controversy surrounding the AFP's cooperation with the Indonesian National Police regarding the arrest and prosecution of the Bali Nine, a case that raised significant ethical questions about the AFP's actions.
Additional law enforcement agencies in Australia
Australian Border Force
History and establishment
The Australian Customs Service was renamed in 2015 to the Australian Border Force (ABF). It was originally known as the Department of Trade and Customs and holds the distinction of being the first government department established in Australia in 1901. This long history reflects the enduring importance of border control to Australia's security and economic wellbeing.
Scale of operations
Approximately 20 million passengers each year move through air and seaports under ABF oversight. This massive volume of people movement requires sophisticated systems and substantial resources. The ABF works closely with several other agencies including the AFP, the Australian Quarantine and Inspection Service, the Department of Immigration and Citizenship, and the Department of Defence, to detect and discourage unlawful movement of goods and people across the border.
Core functions
The ABF website describes its three main functions:
First, facilitating the lawful passage of people and goods ensures that legitimate travellers and trade can move efficiently across borders without unnecessary delays.
Second, investigations, compliance and enforcement in relation to illicit goods and immigration malpractice involves actively detecting and stopping illegal activities at the border.
Third, onshore detention, removals and support to regional processing arrangements relates to managing people who have entered or attempted to enter Australia unlawfully.
The ABF employs more than 5,500 people in Australia and overseas, operates a fleet of sea patrol vessels, and uses two aerial surveillance planes for surveillance of borders, demonstrating the significant resources devoted to border protection.
Key operational areas
The ABF focuses on four key areas of concern:
Immigration involves ensuring that passengers are moving legally across borders, with proper documentation and authority. This includes detecting false documents and identifying people attempting to enter Australia without proper visas or other requirements.
Quarantine focuses on monitoring and confiscating goods harmful to animal and human life. Australia's isolated ecosystem means that introduced pests and diseases can have devastating effects on agriculture and native species, making quarantine a critical function.
Family law enforcement involves ensuring compliance with court orders and preventing parents from illegally removing their children from Australia. This protects children's rights and ensures that family law orders are respected.
Law enforcement represents the ABF's role in detecting and preventing various crimes, with a high priority being the protection of the Australian community by intercepting illegal drugs and firearms.
Detection methods and techniques
The ABF uses sophisticated techniques to identify suspicious aircraft, vessels, cargo, postal items and travellers. These techniques include:
- Intelligence analysis (examining patterns and information to predict and prevent illegal activities)
- Detector dogs (specially trained animals that can identify drugs, explosives, and other contraband)
- Computer technology (advanced systems for screening and analysis)
Major Operation: The 2014 Drug Seizure
In November 2014, Australia's Federal Police, working with the ABF, made one of the largest drug seizures in the country's history.
Scale of seizure:
- Approximately 2.5 tonnes of illicit drugs were seized in Sydney
- Estimated street value of $1.5 billion
- Six men were charged with drug importation
- Federal police commented that many more individuals were likely involved at the point of shipment, probably in Germany with links through Asia
Significance:
- The drugs would have been distributed around the country if they had not been intercepted, potentially causing immense harm to communities
- Australian Crime Commission chief executive Chris Dawson noted that the recent ice epidemic was not limited to major cities but had spread to rural areas as well
- Over the last few years in Australia, the drug commonly known as 'ice' (crystal methamphetamine) has seemingly become the drug most widely used by people, with horrific consequences for users and their families
Official response: A joint statement was made by then-Prime Minister Tony Abbott, then-Immigration and Border Protection Minister Scott Morrison, and Justice Minister Michael Keenan praising the teamwork provided by law enforcement agencies. They described this as a 'landmark day' in the battle against organised crime and drugs, highlighting the importance of inter-agency cooperation in tackling major criminal enterprises.
Australian Crime Commission
Establishment and legislative framework
The Australian Crime Commission (ACC) was established under the Australian Crime Commission Act 2002 (Cth). It operates at a national level, working with other federal, state and territory agencies to combat serious and organised crime. To enable the full operation of the ACC in NSW, the Australian Crime Commission (New South Wales) Act 2003 (NSW) was passed. Similar legislation was enacted in the other states and territories, effectively bringing the Australian Crime Commission Act 2002 (Cth) into state or territory law. This legislative framework unified all arms of intelligence gathering and law enforcement to fight against serious, organised criminal activity.
Functions: Intelligence and investigative roles
The ACC performs several important functions that combine both intelligence and investigative capabilities:
Collecting and analysing criminal intelligence data involves gathering information from various sources and examining it to identify patterns, networks, and emerging threats. This intelligence work is fundamental to understanding and disrupting organised crime.
Giving advice about National Criminal Intelligence Priorities (NCIPs) to the ACC Board ensures that law enforcement resources are directed toward the most serious and pressing threats facing Australia.
Managing criminal intelligence systems such as the Australian Criminal Intelligence Database provides a centralised repository of information that can be accessed by authorised agencies across the country, facilitating information sharing and coordination.
Investigating federally relevant criminal activity and forming task forces allows the ACC to respond to specific serious crime problems.
Task Force Example: Strike Force Tuno II
Strike Force Tuno II, a homicide squad, was established to investigate a string of possibly related murders, attempted murders and suspected murders over a 15-year period.
Significance: Many other task forces are established as the need arises to tackle serious issues of organised crime, terror and drug importation. This flexible approach allows resources to be concentrated on the most significant threats.
Australian High Tech Crime Centre
Purpose and role
The Australian High Tech Crime Centre (AHTCC) is hosted by the AFP and attempts to provide a national approach to technology crime. Its role is to address serious and complex crimes involving computer technology such as online fraud, mule recruitment, and offensive and prohibited internet content.
Mule Recruitment Definition
Mule recruitment is the attempt to procure a person (the 'mule') to receive and deliver illegal funds to criminals abroad or at home without the knowledge of the 'mule'. This is usually done through a fake company and may involve getting an unsuspecting employee to sign a contract and transfer funds on behalf of organised criminals.
Categories of technology-enabled crime
'Technology-enabled crime' encompasses two distinct categories:
- Crimes committed directly against computers and computer systems
- Traditional crimes committed with the use of technology (for instance, using the internet to commit fraud or harassment)
Computer offences under the Criminal Code
The first category, detailed in Part 10.7 of the Criminal Code (Cth), includes several specific offences:
Computer intrusions involve gaining unauthorised access to data in a computer or computer system. This is the digital equivalent of breaking and entering, where someone accesses information or systems they have no right to access.
Unauthorised modification or destruction of data covers deliberately changing or deleting information in computer systems without permission, which can cause significant harm to individuals, businesses, or government operations.
Denial-of-service attacks involve deliberately removing or disrupting service, typically by overwhelming a system with traffic or requests so that legitimate users cannot access it.
Creation and distribution of malicious software such as viruses, worms or trojans includes developing and spreading programs designed to damage systems, steal information, or enable unauthorised access.
Each state and territory in Australia has its own legislation, similar to the Commonwealth legislation, covering computer-related offences, ensuring comprehensive coverage across all jurisdictions.
Internet content regulation
Another important task of the AHTCC is to police and remove inappropriate and illegal internet content such as child pornography and racially based 'hate' sites. This work is crucial for protecting vulnerable people and maintaining community standards online.
Identity fraud and phishing
Identity fraud is a growing criminal activity, especially with the increasing use of social networking sites such as Instagram, Snapchat and Facebook. Criminals exploit the personal information people share on these platforms to steal identities.
Phishing: How Identities Are Stolen
Identities are usually stolen through 'phishing', whereby email is used to lure unsuspecting computer users to a fake website where they are tricked into providing their bank account details or other sensitive information.
Consequences: Once criminals have this information, they can:
- Access bank accounts
- Take out loans in the victim's name
- Commit other fraudulent acts
Australian Security Intelligence Organisation
Establishment and historical context
The Australian Security Intelligence Organisation (ASIO) is Australia's national security service, established under the Australian Security Intelligence Organisation Act 1979 (Cth). It was initially established in 1949 as Australia's security service, during the early Cold War period when concerns about espionage and foreign interference were particularly acute.
Primary functions
ASIO was created to guard against activities such as:
- Espionage (spying – the act of obtaining secret or confidential information without permission)
- Sabotage (deliberate destruction of property to weaken an opponent)
- Politically motivated violence (violence intended to achieve political goals)
- Attacks on our nation's defence systems
These functions remain relevant today, though the nature of threats has evolved significantly since 1949.
Information gathering and sharing
ASIO's main role is to gather information that will help the federal government and other law enforcement agencies, such as the AFP, to prevent and thwart attacks on Australia. Unlike law enforcement agencies that investigate crimes and make arrests, ASIO's primary function is intelligence gathering – collecting, analysing, and sharing information about threats to national security.
ASIO's Expanding Role
ASIO's role is expanding in response to evolving security challenges. The organisation employs approximately 1,500 people, a significant increase from its earlier operations.
Information sharing: ASIO's information is used by 75 government departments, police forces and senior decision-makers, demonstrating the breadth of its influence across government and the value placed on the intelligence it provides.
Case Study: Mohamed Haneef and ASIO's Advisory Role
The textbook references (in Chapter 19) the role of ASIO in the arrest and detention of terror suspect Mohamed Haneef.
ASIO's advice: ASIO correctly advised the AFP that Dr Haneef was not a suspect in the 2007 Glasgow Airport bombing and that there was virtually no evidence linking Dr Haneef to this terrorist attack.
Outcome: Despite this advice, Dr Haneef was arrested and detained.
Significance: This case demonstrates ASIO's advisory function and the importance of accurate intelligence. It also highlights tensions that can arise between intelligence assessment and law enforcement action.
Government departments
The Australian Tax Office (ATO)
Some Commonwealth and state government departments have been granted the authority to enforce specific laws. The Australian Tax Office (ATO) provides an important example of a government department with significant enforcement powers. Under the Income Tax Assessment Act 1936 (Cth), the ATO has the power to investigate and prosecute individuals or companies in relation to tax offences, operating as a law enforcement agency within its specific area of jurisdiction.
Tax offences and enforcement
The main issues relating to income tax involve either:
- Tax avoidance (using legal but questionable means to reduce tax liability)
- Tax underpayment (failing to pay the correct amount owed)
During 2012, the ATO reported a range of prosecutions and subsequent custodial sentences for tax fraud and evasion, demonstrating its commitment to enforcement.
Case Study: Robert Agius – Tax Evasion
Facts:
- Robert Agius was sentenced to nine years' imprisonment for tax evasion schemes through his company PTK Vanuatu
- Mr Agius was found guilty of conspiring to defraud the Commonwealth and conspiracy to dishonestly cause a loss
- He was one of nine people given custodial sentences for tax fraud or tax evasion crimes in that period
Significance:
- These convictions demonstrate the serious nature of tax offences and the significant power of the ATO to investigate and prosecute
- The severity of these sentences reflects the view that tax evasion is not a victimless crime – it deprives the government of revenue needed to provide services to the community and places an unfair burden on honest taxpayers
Other laws administered by the ATO
Beyond income tax, the ATO administers other laws including those governing:
- Fringe benefits tax (FBT) – tax on non-cash benefits provided to employees
- Goods and Services Tax (GST) – a broad-based consumption tax
- Superannuation – retirement savings schemes
Each of these areas carries its own compliance and enforcement requirements, giving the ATO a broad mandate across multiple aspects of taxation law.
Exam guidance
For 'Describe' Questions
Clearly identify the agency, its legislative basis, and its core functions. Use specific examples where possible.
Example approach:
- Start with a clear definition
- State the relevant legislation
- List key functions using bullet points
- Provide a specific example or case study if relevant
For 'Explain' Questions
Go beyond description to show how agencies work, why they have particular powers, and how they interact with other parts of the legal system.
Example approach:
- Describe the agency's function
- Explain the reasoning behind its powers
- Show connections to other agencies or legal processes
- Discuss practical implications
For 'Assess' or 'Evaluate' Questions
Consider both strengths and weaknesses of agencies. For example, when discussing CEDs, acknowledge both the potential to save lives and the risks of misuse. Use case studies to support your arguments.
Example approach:
- Present arguments for and against
- Use case studies as evidence
- Consider different perspectives (law enforcement, civil liberties, victims)
- Reach a balanced conclusion
Using Case Studies Effectively
Cases like Roberto Laudisio Curti, Mohamed Haneef, and Robert Agius provide concrete examples of how law enforcement agencies operate.
When using these cases:
- Briefly state the facts
- Explain what the agency did
- Discuss what the case reveals about the agency's powers or limitations
Discussing Contemporary Issues
Questions may ask about current challenges facing law enforcement. Be prepared to discuss issues like:
- Cybercrime and technology-enabled offences
- Terrorism and national security threats
- Drug importation (particularly ice/methamphetamine)
- The balance between security and civil liberties
Remember!
Key Points to Remember
Fundamental concepts:
- Law enforcement agencies are created by Acts of Parliament to enforce the law; they operate at both state and federal levels with distinct jurisdictions
- State police enforce state criminal law, manage emergencies, enforce AVOs, and assist with community disputes; they must follow a code of practice governing their powers
- The AFP enforces federal law and addresses crimes crossing state boundaries; its role has expanded significantly since 9/11 to address terrorism, cybercrime, human trafficking, and sexual slavery
- The ABF protects Australia's borders by controlling immigration, enforcing quarantine, and intercepting illegal drugs and firearms; the 2014 seizure of 2.5 tonnes of drugs demonstrates the scale of border protection challenges
- The ACC provides national coordination against serious and organised crime through intelligence gathering and task force operations
Key Terms:
- Law enforcement agencies: Bodies that enforce the law, created by Acts of Parliament
- Apprehended violence order (AVO): Court order protecting a person who fears violence or harassment
- Controlled Electronic Devices (CEDs): Tasers or stun guns that deliver electric shocks to incapacitate suspects
- Mule recruitment: Procuring an unsuspecting person to transfer illegal funds on behalf of criminals
- Phishing: Using fake emails to lure people to fraudulent websites where they reveal sensitive information
- Espionage: Spying; obtaining secret or confidential information without permission
Critical Frameworks:
- The code of practice governs police powers in four areas: stop/search/detain; enter/search/seize; arrest/detain/question; treatment of suspects
- Technology-enabled crime has two categories: crimes against computers and traditional crimes committed using technology
- Law enforcement involves multiple agencies working together, as demonstrated by the 2014 drug seizure praised as a 'landmark day' in inter-agency cooperation