Election 10 A Secure and Fair Australia

A SECURE AND FAIR

AUSTRALIA

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Election 10 A Secure and Fair Australia

A Secure and Fair Australia

Robert McClelland MP
Attorney-General

Brendan O’Connor MP
Minister for Home Affairs

ELECTION 2010

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Table of Contents
A Secure and Fair Australia

Overview 4

What Federal Labor has achieved so far 4

A Secure Australia 4
Counter Terrorism 4
Cyber and Identity Security 6
Border Security 6
Organised Crime 8
Emergency Management 9
Community Safety and Law Enforcement 11
Recruitment and Retention of Police 11
A Fair Australia 12

Access to Justice 12
Family Law 13
Human Rights 14
Native Title and Indigenous Law and Justice 15
Micro-economic Reform 16
Management of Australia’s Territories 16
Future Challenges 17

What a Gillard Labor Government would do next 18

A Secure Australia 18

A Fair Australia 23

Coalition’s approach - taking Australia backwards 27

Returning to failed border security policies 27

Playing catch up on organised crime 28
Cutting African Law and Justice Frameworks 28
Abandoning Australia’s Human Rights Framework 29
Costings Table 30

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Overview
Federal Labor has a strong record of creating a more secure Australia that ensures a fair go for all.

We are investing over $4.2 billion in 2010-2011 under the Attorney-General’s Portfolio, towards
national security, border and aviation security, counter terrorism, law enforcement and
emergency management.

Australia’s key national security laws and agencies fall within the Attorney-General’s portfolio.
The portfolio is also responsible for maintaining and improving Australia’s federal system of justice
and the administration of Australia’s external territories.

A re-elected Gillard Labor Government will continue this work, ensuring that the Attorney-General
and Minister for Home Affairs focus on building capability for the future, anticipating and planning
to meet future challenges. We will also implement further practical improvements to ensure a
fairer, safe and secure nation for all Australians.

What Federal Labor has achieved so far

A Secure Australia
There is no greater responsibility of government than to protect the safety and security of its
citizens.

In December 2008, we delivered Australia’s first National Security Statement to the Parliament
setting out our national security challenges and a comprehensive approach to responding to those
challenges. This included the appointment of Australia’s first National Security Adviser, and the
improved coordination of border security agencies through the establishment of Border
Protection Command within the Australian Customs and Border Protection Service.

The Gillard Labor Government recognises that national security is no longer just about traditional
security threats. Any threat to harm or destabilise Australian society or the economy is a threat to
Australia’s security – be it man made or natural. Our approach to national security is focused on
all hazards, including counter terrorism, border protection, serious and organised crime, cyber
crime and emergency management.

Counter Terrorism

Earlier this year, Federal Labor launched the 2010 Counter Terrorism White Paper, ‘Securing
Australia, Protecting Our Community’.

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The Counter Terrorism White Paper outlined a strategy for dealing with the threat of terrorism,
which has four key elements:

 Analysis: an intelligence-led response to terrorism, driven by a properly connected and

properly informed national security community.

 Protection: taking all necessary and practical action to protect Australia and Australians
from terrorism at home and abroad.

 Response: providing an immediate and targeted response to specific terrorist threats and
terrorist attacks should they occur.

 Resilience: building a strong and resilient Australian community to resist the development
of any form of violent extremism and terrorism on the home front.

The White Paper established a Counter Terrorism Control Centre within the Australian Security
Intelligence Organisation (ASIO) to create closer links and bring together expertise from across our
security, intelligence and law enforcement agencies and focus Australia’s counter terrorism
efforts. In addition, Federal Labor has improved cooperation between the Australian Federal
Police (AFP), ASIO and the Commonwealth Director of Public Prosecutions. By driving greater
inter-agency cooperation, we have achieved more successful counter terrorism prosecutions than
any previous Government.

A crucial aspect of building resilience to the threat of terrorism is countering violent extremism. In
recognition of this, we have developed a strategy to Counter Violent Extremism (CVE). This
strategy is supported by an investment of $9.7 million to identify and divert people at risk of
violent extremism, develop mentoring programs, including in prisons, and examine the role of the
internet in the radicalisation process.

An effective legal framework is also fundamental to Australia’s security environment. In 2009,

Federal Labor held the first national public consultation on Australia’s national security and
counter terrorism laws to ensure that the divisive public debates that have been a feature of this
area in the past were avoided. This public consultation addressed recommendations of the Clarke
Inquiry into the case of Dr Mohamed Haneef and three other reports that had been ignored by the
former Coalition Government.

Following the consultation, in March 2010 we introduced into Parliament the National Security
Legislation Amendment Bill, which will provide a range of new powers as well as improved
accountability measures. This will include extending parliamentary oversight of the AFP and the
Australian Crime Commission (ACC).

Federal Labor has increased support for the AFP to work with and train overseas police forces. We
are working to enhance counter terrorism liaison and build counter terrorism capacity in the Asia-
Pacific, including the prevention of counter terrorism financing.

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Cyber and Identity Security

The online environment can be misused in a variety of ways, including organised crime, espionage,
unauthorised modification of data, distribution of malicious software such as viruses, committing
fraud, or stealing identities.

Federal Labor has moved to address these threats by implementing Australia’s first Cyber Security
Strategy, aimed at maintaining a secure, resilient and trusted electronic environment that both
supports our national security and maximises the benefits of the digital economy.

A Computer Emergency Response Team (CERT Australia) has been established to protect against
cyber threats and vulnerabilities. We have also taken steps to accede to the Council of Europe
Convention on Cyber Crime, which is the only binding international treaty on cyber crime. Federal
Labor is also supporting Australians to protect their personal information by investing $23 million
to prevent identity theft through our document verification scheme.

Border Security

The coast of the Australian mainland measures 35,877 km. Including islands, this extends to
59,736 km. The Australian Search and Rescue Maritime Region is 53 million square kilometres or
13 per cent of the world’s oceans.

While the size and complexity of our aerial and maritime border protection challenge is massive,
Australia’s borders are well managed and they are secure.

Under Federal Labor, one boat has arrived on the remote mainland of Australia. Under the former
Coalition Government, 19 boats reached the mainland undetected, at locations across the country
including near Broome, Cairns, Port Hedland and as far south as Port Kembla, NSW.

Federal Labor has established the Border Protection Command to provide a single point of
accountability for the 15 government agencies directly and indirectly involved in border security
and to ensure all border security agencies are coordinated to respond to the full range of border
threats.

These new arrangements have worked effectively, with better coordination between agencies
now guided by Australia’s first comprehensive Strategic Border Management Plan. This plan
ensures that border security agencies operate as a coherent whole, working towards joint rather
than individual agency priorities.

Federal Labor has already invested more than any previous government in protecting our borders
and detecting unauthorised boats. Over the last two budgets, we have invested more than
$1.8 billion towards stronger border and aviation security, and combating people smuggling.

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As part of this investment, Federal Labor has committed to the purchase of eight new patrol
vessels with greater range and improved surveillance and response capability. The new Cape Class
vessels will be larger, more robust and have a greater surveillance and patrolling range, compared
to the Bay class vessels that they will replace. The procurement process for the new vessels is well
underway.

Federal Labor has also:

 Increased investigator and intelligence resources in the AFP People Smuggling Strike Team
to 91 AFP officers and employees.

 Funded Customs and Border Protection and the AFP to work with their law enforcement
counterparts in countries including Indonesia, Pakistan, Malaysia and Sri Lanka.

 Provided $24.8 million to help our regional law enforcement partners stop the business of
people smuggling, including extra patrol boats, surveillance aircraft and communications
equipment for the Indonesian National Police to detect and disrupt people smuggling
ventures in Indonesian waters.

Under Federal Labor, more than 200 people have been arrested and prosecuted in Australia in
connection with people smuggling ventures – in addition to more than 100 arrests in other
countries in the region. In cooperation with their regional counterparts, Australian agencies have
disrupted more than 200 people smuggling ventures, with more than 5,000 foreign nationals
prevented from coming to our shores.

In May 2010, Federal Labor introduced tough new people smuggling offences. They included
penalties of up to 20 years imprisonment and mandatory minimum terms of up to eight years. We
legislated to give ASIO enhanced powers to investigate people smuggling and other serious border
security threats and to collect foreign intelligence about people smugglers and their networks. We
have also cracked down on remittance dealers being used to finance people smuggling.

Federal Labor has successfully engaged in regional cooperation. Upon coming to Government, we
re-energised the Bali Process on People Smuggling, Trafficking in Persons and Related
Transnational Crime, which Australia co-chairs with Indonesia. The Bali Process remains the only
grouping in our region which comprehensively addresses the challenges of people smuggling and
human trafficking.

We are working with countries in the region to put in place strong people smuggling laws, and
welcome moves in several countries to criminalise people smuggling. The Malaysian Senate
recently passed new laws that will help Malaysia’s law enforcement agencies to build on the
success they are already having in stopping people smugglers. The Indonesian Parliament is now
considering a draft Immigration Bill.

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Federal Labor has committed to working towards a regional protection framework, to effectively
address irregular migration in the region. The framework involves the development of a
comprehensive approach to the management of irregular migration through cooperation with
countries of transit, destination and origin as well as relevant UN agencies and international
organisations.

Federal Labor has introduced tough new offences and increased penalties for aviation related
crimes, including hoaxes and offences against flight crew. We are also improving passenger risk
assessments, through a further $24.9 million in the 2010-11 Budget, to help Customs identify
passengers who may pose a risk at our borders, track their travel history and then share this
information with the Department of Immigration and Citizenship and other law enforcement
agencies.

Federal Labor has also made significant improvements to aviation security, with a new model of
airport policing. Over the next three to five years, the AFP will take over responsibility for airport
policing at Australia’s 11 major airports from the States and Territories. This initiative is in
addition to retaining Joint Airport Investigations Teams and Intelligence Groups that capitalise on
State and Territory police skills and intelligence.

We are supplementing this police presence at airports through a range of other aviation security
initiatives, announced as part of a $200 million package earlier this year. These initiatives included
a 50 per cent increase in Firearms and Explosive Detection Dogs at major airports, new screening
technologies, and significant improvements to Customs computer technology in order to track
passengers that may pose a potential risk. These measures complement initiatives in related
portfolios, including the use of sophisticated biometrics technology.

Organised Crime

Organised crime represents a significant threat to Australian society, and is estimated to cost the
community around $15 billion each year. In contrast to the former Coalition Government, who did
not prioritise combating organised crime, we have comprehensively addressed this serious issue
by ensuring our federal law enforcement agencies have the necessary tools to work together in
tackling organised criminals wherever they operate.

Last year, we launched the Commonwealth Organised Crime Strategic Framework to identify and
respond to key threats to Australia from organised crime. The Framework is designed to ensure
coordination across agencies to maximise our detection and disruption of organised crime.

As part of this Framework, we have invested $14.5 million to establish a Criminal Intelligence
Fusion Centre in the ACC and $24 million for new analytical technologies for AUSTRAC. These
capabilities bring together people and intelligence from across Government agencies to find
suspicious money flows and track these back to criminals and criminal activity.

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We have also passed tough new laws which give police the power to crack down on organised
crime, including breaking up criminal gangs and seizing gang money. Measures include:

 Strengthening criminal asset confiscation and anti-money laundering laws.

 Requiring individuals suspected of possessing unexplained wealth to demonstrate it was

legally acquired.

 Broadening access to telecommunications interception for the investigation of organised

crime.

 Strengthening money laundering, bribery and drug importation offences.

 Enhancing the AFP’s search and seizure powers.

 Protecting undercover officers who infiltrate criminal organisations.

 Banning the importation of tablet presses used to make illegal drugs.

The Coalition repeatedly tried to water down these laws during their passage through Parliament.

Improvements to the proceeds of crime laws have already lead to over $30 million of confiscated
assets in 2009-10 under the Proceeds of Crime Act. This compares with only $12.8 million in
2005-06 under the former Coalition Government. Federal Labor is reinvesting these funds into
local crime prevention, law enforcement, drug treatment and diversionary measures across
Australia.

At an international level, Australia has led the development of an ‘International Declaration to

Combat Organised Crime’ with ally nations. This enhances overseas cooperation through
increased sharing of information and criminal intelligence and greater co-ordination between law
enforcement agencies.

We have supported the provision of greater technical and legal assistance to strengthen regional
anti-money laundering activities and supported the establishment of the Vietnam-Australia Joint
Transnational Crime Centre to combat illicit drugs, money laundering and child sex tourism.

Emergency Management

Federal Labor’s national security focus encompasses a much broader landscape than that which
existed under the former Coalition Government. We have pursued an all hazards approach to
national security, which includes protecting Australians from risks to their safety whether from
man-made or natural events. The former Coalition Government had an artificial barrier between
these two categories, with no strategic focus on all hazards and constant buck passing to the
States and Territories.

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We have moved to align emergency management arrangements across Australia into a single
comprehensive and coordinated plan, to ensure consistency of planning and the pooling of
expertise and resources.

As part of this approach, Federal Labor is investing $110 million in the new Natural Disaster
Resilience Program (NDRP) to help fund nationally significant emergency management projects.
The NDRP also supports local resilience projects such as emergency management volunteer
training, flood levees, bushfire trails and emergency management volunteer organisations.

Importantly, we have also provided over $26 million to assist the States and Territories establish
‘Emergency Alert’, the national telephone based emergency warning system. Since Emergency
Alert became operational on 1 December 2009, it has been used 37 times and issued in excess of
258,000 messages. The system has been used in New South Wales, Victoria, South Australia and
Queensland for flood, tsunami, bushfire and chemical incidents. The former Coalition
Government failed to achieve an agreement on a national telephony based emergency warning
system, despite it being on the agenda since 2004.

In addition, Federal Labor has implemented the Australian Tsunami Warning System (ATWS),
which operates 24 hours a day, seven days a week, to detect and verify tsunami threats to
Australia. We have also agreed with the States and Territories on a national protocol for the use of
recorded voice announcements to provide valuable information to Triple Zero callers, ensuring
that callers during major disasters or emergencies will be provided with critical information and
contacts.

Federal Labor has implemented a Climate Change Adaptation Action Plan, to consider the impact
of climate change on critical infrastructure networks. The former Coalition Government’s inability
to deal with the risk of climate change saw no real planning for its impact on Australia’s natural
disaster threat environment.

To tackle the significant threat to lives and communities posed by bushfires, we have provided
additional funding of over $14 million for the National Aerial Firefighting Arrangements and
$3.5 million to trial state-of-the-art bushfire detection cameras. We have also convened the first
annual bushfire pre-season briefing for all Federal, State and Territory emergency authorities.

In addition, Federal Labor has:

 Convened an annual National Bushfire Arson Forum to identify areas requiring further
action.

 Provided funding for a Bushfire Arson Investigation Course to assist the investigation of
bushfire arson by police and firefighting authorities.

 Launched a ‘Bushfire Arson Prevention Manual’ to help communities prevent arson.

 Proposed tough new offences for bushfire arson causing death or serious injury.

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 Initiated development of a national database of convicted and suspected arsonists.

Federal Labor has also invested $16 million for a cutting edge Critical Infrastructure Protection
Modelling and Analysis (CIPMA) capability. CIPMA models and analyses critical linkages and
interdependencies across critical infrastructure sectors throughout Australia. This capability also
includes social and economic impact analyses of critical infrastructure disruptions and assists in
preparation for man-made and natural disasters.

Community Safety and Law Enforcement

Federal Labor is also making our local communities safer and more secure. The AFP is exceeding
Federal Labor’s recruitment target to hire 500 new sworn officers over five years, with 280 more
police since November 2007 already protecting our community. Over $200 million has been
allocated for this purpose.

After conducting the Federal Audit of Police Capabilities as promised at the last election, we have
reformed the organisational structure and funding arrangements of the AFP. This provides
operational flexibility to deal with emerging crime threats and better manage long term counter
terrorism and organised crime operations.

We have been supporting communities to take local action against crime and anti-social
behaviour. The $15 million Safer Suburbs Plan has resulted in improved crime prevention
infrastructure in more than 20 communities, including improved CCTV coverage, lighting and
safety alarms. The $20 million Secure Schools program has supported similar infrastructure in 54
schools at risk of racially and religiously motivated violence, arson and vandalism. More than
$30 million has been taken from criminals and used to fund law enforcement and community
crime prevention programs under the Proceeds of Crimes scheme.

We are also working to prevent child exploitation, with increased penalties and new offences for
child pornography and child sex tourism. The former Coalition Government failed to implement
these much needed child sex tourism laws and child pornography laws. The Child Exploitation
Tracking System has been established to support the AFP in detecting and investigating online
child abuse, and the ‘ThinkUKnow’ cyber-safety program has been operating in schools Australia-
wide to educate teachers and parents about how best to protect children online. Federal Labor
has also ensured that people will only be able to work with children after their full criminal history
has been considered.

Recruitment and Retention of Police

Federal Labor abolished the former Coalition Government’s Australian Workplace Agreements,
which caused uncertainty and destabilised the police workforce nationally. We have implemented
a comprehensive recruitment and retention strategy that has seen attrition in the AFP more than
halved over our first term in government.

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We have put in place interim arrangements that provide AFP officers serving in high risk
international missions parity with the military in terms of workers compensation and
rehabilitation.

We have worked towards greater recognition of police, including through a special police medal.

We have conducted a Federal Audit of Police Capabilities and are implementing the
recommendations in relation to reform of airport policing at Australia’s 11 major airports and the
governance and resourcing of the AFP is well underway.

A Fair Australia
Federal Labor believes in building a fair society where all Australians enjoy the equality of
opportunity to participate in the social, economic and political life of our nation. We have
implemented a number of measures to improve the accessibility and effectiveness of our federal
civil justice system and have undertaken reforms to remove inequalities and strengthen anti-
discrimination laws.

Access to Justice

During its first term, Federal Labor made the single biggest funding injection in the history of legal
assistance programs. As part of the 2010-11 Budget, we injected $154 million over four years into
legal assistance programs, bringing the Federal Government’s total contribution for legal
assistance services to over $1.2 billion over four years. It includes:

 $92.3 million over four years for legal aid.

 $34.9 million over four years for Indigenous legal services.

 $26.8 million over four years for Community Legal Centres.

We also provided an additional $70 million in one-off injections into a range of legal assistance
programs during our first term in government. In contrast, the former Coalition Government in
their first year slashed over $25 million in funding from the legal aid system and failed to provide
adequate sustained funding for legal assistance programs or Community Legal Centres.

Access to justice is not just about access to a court or a lawyer. It is about providing practical
information and options to help people prevent or resolve their disputes.

In 2009, we adopted a ‘Strategic Framework for Access to Justice’ to enhance the efficiency and
effectiveness of the federal justice system based on five key principles: accessibility,
appropriateness, equity, efficiency, and effectiveness. The former Coalition Government failed to
undertake a genuine review of access to justice in the federal civil justice system during their time
in government.

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As part of this Framework, Federal Labor has pursued a range of measures. We have:

 Negotiated a new national partnership with States and Territories on legal assistance
services.

 Launched an Access to Justice website to help Australians find legal information and
services in their local area <www.accesstojustice.gov.au>.

 Enhanced case management powers, so that Federal Court matters are resolved as quickly,
inexpensively and efficiently as possible.

 Introduced legislation requiring genuine steps to resolve disputes before going to court.

 Invested $1.6 million to encourage the recruitment and retention of lawyers in rural,
regional and remote areas.

 Developed an action plan to ensure Federal laws are clearer and easier to unders tand.

In contrast to the former Coalition Government, who failed to provide any transparency in their
judicial appointments processes, we have established a transparent and merit based judicial
appointments process.

We have also introduced legislation to create a Military Court of Australia, in line with the
Constitution, to deliver a system of military justice for ADF members that combines the necessary
independence and constitutional protections for the judiciary with an understanding of the vital
importance of military discipline in the operation of our armed forces. This follows the case of
Lane v. Morrison, which found the former Coalition Government’s Australian Military Court to be
unconstitutional.

Family Law

Federal Labor is committed to improving the family law system to accommodate the needs of
separating families and deliver outcomes in the best interests of the people that are most
important – our children.

In 2008, Federal Labor passed landmark legislation enabling de facto couples to access the federal
family law courts on property and maintenance matters.

We have also taken steps to establish a single Family Court, to ensure that Australian families are
supported by an efficient and fair court system.

As part of the National Action Plan to Reduce Violence against Women and their Children, Federal
Labor has worked with States and Territories to establish a central system for law enforcement
agencies to access information about domestic violence and family violence orders and adopt the
most effective approaches to supporting victims and prosecuting allegations of sexual violence.

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Family Relationship Centres have been expanded and supported. Federal Labor has opened 24
new Family Relationship Centres, 14 Children’s Contact Services and invested over $20 million to
build better partnerships between Family Relationship Centres and legal assistance services.

Human Rights

Enhancing and improving human rights is about creating a decent and inclusive society. In 2008,
Federal Labor delivered on its commitment to remove discrimination against same sex couples
and their families from over 80 different Federal laws in areas such as taxation, social security,
health, aged care, superannuation, immigration, child support and family law.

Earlier this year, we launched Australia’s Human Rights Framework, which outlines key measures
to further protect and promote human rights in Australia, including:

 Investing over $12 million in a comprehensive suite of education initiatives to promote a

greater understanding of human rights across the community.

 Requiring that each new Bill introduced into Parliament is accompanied by a statement of
compatibility with our international human rights obligations.

 Establishing a new Parliamentary Joint Committee on Human Rights to provide greater

scrutiny of legislation for compliance with our international human rights obligations.

 Combining federal anti-discrimination laws into a single Act to remove unnecessary

regulatory overlap and make the system more user friendly.

 Creating an annual NGO Human Rights Forum to enable comprehensive engagement with
non-government organisations on human rights matters.

Federal Labor has implemented legislative reforms to:

 Prohibit torture and to prevent the reintroduction of the death penalty in Australia.

 Introduce stronger protections against age discrimination. The former Coalition

Government made it harder for people to make complaints of age discrimination by
requiring that the person establish that age discrimination was the dominant reason for
discrimination.

 Provide minimum national standards for those with a disability to access premises.

Additionally, we have introduced legislative amendments to extend protections from

discrimination on the grounds of family responsibilities, provide greater protection from sexual
harassment and established breastfeeding as a separate ground of discrimination.

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Federal Labor has also enhanced Australia’s international human rights engagement by:

 Signing the Optional Protocol to the Convention against Torture.

 Ratifying the Convention on the Rights of Persons with Disabilities.

 Acceding to the Optional Protocol to the Convention on the Rights of Persons with
Disabilities.

 Acceding to the Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination Against Women.

 Signing the Optional Protocol to the Convention Against Torture as a first step to becoming
a party to the Protocol.

 Endorsing of the Declaration of the Rights of Indigenous Peoples.

 Extending a standing invitation to UN human rights experts to visit Australia.

 Ratifying the Third Additional Protocol to the Geneva Conventions.

The former Coalition Government refused to become a party to a number of these international
instruments and was dismissive of the United Nations and its role.

Native Title and Indigenous Law and Justice

Federal Labor is committed to a more flexible, less legalistic approach to native title that delivers
practical outcomes, including opportunities for Indigenous Australians and certainty for
landholders and industry.

To this end, we have invested over $50 million to build a more efficient native title system and
provided the Federal Court with powers to manage native title claims from start to finish, allowing
opportunities for negotiated settlements to be more effectively identified and progressed.

A National Indigenous Law and Justice Framework has also been developed to improve the safety
of Indigenous people across Australia. This Framework represents the first nationally agreed
approach to tackling Indigenous law and justice issues.

The Framework has been supported by an investment of over $33 million to fund night patrol
services in 81 Indigenous communities and additional police officers in remote Northern Territory
communities.

In addition, the Gillard Labor Government recently announced it will provide $3.4 million for
additional police officers to be located in eight remote Northern Territory Indigenous
communities. The additional police will focus on community engagement to build trust and
confidence in the justice system, in order to strengthen local safety and security.

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Micro-economic Reform

Federal Labor has pursued more efficient and effective arrangements in a number of areas.

A taskforce, appointed by the Attorney-General, provided a draft Bill to the Council of Australian
Governments early in 2010 that provided a new framework for regulation of the legal profession
to achieve a single national market for legal services. This action seeks to address the highly
complex and inconsistent systems of regulation for the legal profession, which were developed
under the former Coalition Government’s watch.

A single national online system of personal property securities has also been established to
enhance the ability to easily verify asset ownership and interests. Over 70 laws regulating
personal property securities in Australia have been replaced by one national law.

We have modernised personal bankruptcy arrangements to give those in financial distress a more
realistic opportunity to consider their options, re-organise their affairs and where possible, avoid
bankruptcy.

New measures have also been implemented to control Federal legal service expenditure,
including:

 Improved transparency, through a mandatory reporting format for legal expenditure.

 Common tender arrangements for agencies seeking to purchase legal services.

 Acceptance of a broader range of firms to work on behalf of the Federal Government.

 Emphasising the use of alternative dispute resolution, rather than courts.

Federal Labor launched Australia’s first International Dispute Resolution Centre and provided
national leadership in the area of international arbitration.

Management of Australia’s Territories

Federal Labor has made significant investments in Christmas and Cocos Islands, providing more
than $100 million for projects to expand essential infrastructure and services. We have consulted
on and introduced laws to increase transparency and accountability in the governance of Norfolk
Island, while maintaining the principle of self-Government on the Island. Federal Labor has also
provided financial assistance to Norfolk Island for its major industry, tourism. The former Coalition
Government did not invest in long term and sustainable growth for Australia’s external territories.

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We continue to work with the ACT Government to progress preparations for the Centenary of
Canberra in 2013. We have also discussed reforms to planning arrangements with the ACT
Government, which will provide better planning processes, while maintaining the Federal
Government’s role. Federal Labor will continue to support the Northern Territory’s preparations
for its centenary in 2011 and will work with the Territory to develop its economic base. The former
Coalition Government showed no regard for the autonomy and laws of the Australian Capital
Territory and the Northern Territory.

Future Challenges
The Gillard Labor Government will continue our strong record in managing the ongoing threat of
terrorism to Australia, our national security, and our interests – responding to the changing nature
of these threats. We will also be prepared for an increase in the frequency and severity of natural
disasters, including through the effects of climate change, and civil unrest overseas displacing
people from their homes.

We will continue to help people to resolve their disputes quickly and effectively without resorting
to the courts, particularly in the area of family law, and reduce complexity in our laws and legal
systems. We will meet the increasing and changing demand for legal services, including Indigenous
legal services. Federal Labor will work to address backlogs in the resolution of native title claims,
the over-representation of Indigenous Australians in the criminal justice system and community
safety in remote Indigenous communities.

We will continue to develop and diversify the economies of our external territories and support
their communities to thrive.

Federal Labor will ensure that classification, copyright and telecommunications interception
policies respond to new and emerging technologies and the increase in the online environment
and digital works.

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What a Gillard Labor Government will do next

A Secure Australia
A re-elected Gillard Labor Government will continue to take all necessary and practical measures
to manage threats to national security. We will continue our focus on an all hazards approach to
national security.

Building on our Counter Terrorism White Paper, a re-elected Gillard Labor Government will
develop the first National Security Capability Plan to ensure all non-defence national security
agencies agree on the security risks facing our country, and the capabilities required to respond to
those risks in the future.

A re-elected Gillard Labor Government will work towards the development of a National Security
Fusion Capability. This will create opportunities to expand and quickly link the information held by
border security, law enforcement and intelligence agencies in order to help the fight against
organised crime and terrorism.

The Gillard Labor Government will continue to pursue a comprehensive approach to the national
security challenges facing our country. We will:

 Use the Counter Terrorism Control Centre in ASIO to bring together expertise from across
our security, intelligence and law enforcement agencies, better focusing our counter
terrorism efforts.

 Strengthen the protection of our critical infrastructure to ensure availability of essential

services in the event of natural disasters or terrorism, including driving a cultural shift
towards organisational resilience helping owners of critical infrastructure better respond to
and recover from disruptions, regardless of their cause.

 Work with all Australian Governments on new strategies to address chemicals of security
concern, including through the COAG Agreement on Australia’s National Arrangements for
the Management of Security Risks Associated with Chemicals.

 Continue to build a stronger and more resilient Australian community by implementing

measures to resist the development of violent extremism on the home front.

A re-elected Gillard Labor Government will continue to develop a comprehensive response to

cyber threats including through working with our allies, becoming a party to the European
Convention on Cyber Crime and considering the need for any legislative reform to complement
the Cyber Security Operations Centre and CERT Australia.

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In the area of cyber security, the Gillard Labor Government will prioritise our response to cyber
threats including cyber security threats and cyber crime. We will:

 Consolidate efforts on cyber security, cyber safety and cyber crime, to increase awareness
of online risks.

 Revise and reform our laws to protect the community from online offending.

 Continue to implement the National Identity Security Strategy to help Australians keep
their identity secure online.

 Continue to provide information that will enable individuals and businesses to protect
themselves from online offending.

A re-elected Gillard Labor Government will continue to provide strong management of our
borders. In relation to maritime people smuggling, we will work with our neighbours to stop boats
before they leave far away ports. We will wreck the people smuggling trade – removing both the
profitability of the trade and the danger of the voyage.

Our approach will include the development of a regional protection framework – including a
regional processing centre, continued regional cooperation and tough anti-people smuggling laws.
These laws will include a new offence for people smuggling ventures that result in death.

We will invest in the assets required for surveillance and protection of our borders, including a
new fleet of eight Cape Class vessels with vastly superior capability compared to the current fleet.

We will implement a Civilian Maritime Capability Plan that will complement planning by the
Department of Defence and ensure that our Border Protection agencies have the assets to meet
major maritime threats in the future, including illegal foreign fishing and environmental crimes.

We will:

 Continue to work with our regional neighbours and with the United Nations High
Commissioner for Refugees (UNHCR) to develop a sustainable Regional Protection
Framework to address irregular migration. The Framework will take a comprehensive
approach to the management of irregular migration through cooperation with countries of
transit, destination and origin, as well as relevant UN agencies and international
organisations.

 Enforce increased penalties for people smuggling and introduce a new offence for
situations where a people smuggling venture results in death.

 Invest in eight new Cape Class patrol boats and further improve our surveillance capacity
and border protection assets, so that we have the assets and infrastructure needed to
protect our borders.

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 Effectively implement Australia’s first Strategic Border Management Plan.

 Legislate for a tough new regulatory regime for remittance dealers, including powers to
close down remittance dealers that facilitate access to funds for people smuggling ventures
and other unlawful activities, such as money laundering.

 Build on our law enforcement partnerships, including working with our regional partners to
tackle significant regional crime threats and assisting our regional neighbours to build the
capability needed to fight crime and uphold the rule of law.

 We will work with Indonesia, Malaysia and Sri Lanka to secure strong anti-people
smuggling laws in those countries.

A re-elected Gillard Labor Government will establish a new Asset Confiscation Taskforce to
maximise confiscations. The Taskforce will be led by the AFP and will build on Federal Labor’s
Organised Crime Strategic Framework. It will bring relevant agencies together, including the
Australian Taxation Office, to enhance the identification of potential asset confiscation matters
and strengthen their pursuit.

A re-elected Gillard Labor Government will continue to focus on serious and organised crime
threats to Australia. We will also continue to support our agencies in tackling serious gang and
criminal network activity. We will:

 Develop a new guide for operational agencies on the best tools available to fight organised
crime and focus on targeting new and emerging forms of organised crime.

 Through the ACC, conduct the second biennial Organised Crime Threat Assessment to
identify the key organised crime threats and allow Federal agencies to combine their
resources and undertake multi-agency operations to respond to those threats.

 Work with the international Quintet of Attorneys-General to coordinate action against

organised crime, cyber crime, terrorism and youth violence.

 Continue to support the ACC’s criminal intelligence databases, including criminal

intelligence about serious gang activities and members.

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A re-elected Gillard Labor Government will work with all Australian governments, including
through the National Disaster Resilience Framework, to create a more disaster resilient Australia.
Our approach will involve a holistic response including local planning, mitigation strategies, and
improved response capability and recovery coordination.

We will pursue a coordinated approach to emergency management across all jurisdictions,

improving their resilience to prepare for, respond to, and recover from, disasters. We will:

 Increase the harmonisation and compatibility between different emergency service

organisations across Australia and improve interoperability of planning, training and
equipment for emergency management.

 Produce a new nationally consistent framework for data collection on natural disaster risk.

 Continue to pursue the National Action Plan to Reduce Bushfire Arson.

 Continue to provide national leadership to all Australian Governments in the event of

significant natural disasters or emergencies.

 Develop a national bushfire awareness campaign and provide national leadership on

bushfire research in collaboration with other Australian jurisdictions.

 Ensure that Australia’s emergency management framework is well equipped to deal with
the increased threat of natural disasters caused by climate change.

A re-elected Gillard Labor Government will provide an additional $5.25 million to continue the
successful community safety program, Safer Suburbs, which provides funding for CCTV, lighting,
safety alarms and other similar capital projects.

We will also provide an additional $15 million to continue the Secure Schools program, to provide
security measures for schools at risk of racially or religiously motivated crimes such as violence,
arson and vandalism. Fifty-four schools received funding in Federal Labor’s first term.

We will also dedicate a significant proportion of the funding from the Proceeds of Crime Act to
support crime prevention activities by police and communities, with proceeds expected to be at
least $30 million over the next three years.

We will also strengthen import bans on flick knives and other dangerous weapons to prevent them
from being brought into Australia.

A re-elected Gillard Labor Government will continue to support federal law enforcement agencies
to make our communities safer. We will:

 Recruit an additional 220 police needed to meet our commitment to 500 additional police
over five years, with funding of over $200 million to meet this target.

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 Continue to support the AFP to respond flexibly to current and emerging criminal threats.

 Deliver the ‘all-in’ model for airport policing at Australia’s 11 major airports within three to
five years, and sooner at some airports, to improve the quality of airport policing. We will
also invest $759.4 million for aviation policing programs over four years.

 Provide national leadership on crime prevention issues that face communities throughout
the country, including working to prevent violence, anti-social behaviour, vandalism,
graffiti and other property crime.

 Implement the best practice policing model for prevention of youth violence, in
partnership with the States and Territories.

 Improve our mutual assistance and extradition regimes to ensure Australia does not
become a safe haven for criminals and their proceeds of crime in the future.

 Continue to work with State and Territory Governments and police to develop greater
consistency and improved approaches to road safety for young people.

In the area of police recruitment and retention, the Gillard Labor Government will:

 Protect industrial entitlements, including guaranteeing that police covered by the Federal
Industrial Relations system will never be employed under Australian Workplace
Agreements or individual statutory agreements or contracts.

 Work towards a national system of occupational health and safety laws that recognise the
unique risks of police work and provide appropriate safeguards.

 Maintain a fair system of workers’ compensation for AFP officers and deliver adequate and
equitable compensation for AFP officers serving overseas in high risk missions.

 Renew the AFP’s recruitment and retention strategy in consultation with the Australian
Federal Police Association, ensuring that the AFP reflects the diversity of the community
and that there are specific strategies to ensure the recruitment and retention of
Indigenous Australians. Emphasis will also be given to career opportunities and the
retention of long serving officers.

 Work through the Ministerial Council for Police with States and Territories to deliver:

- A national police registration, training and accreditation scheme to facilitate

career mobility for police.
- A national police workforce planning strategy.
- A National Police Equipment Advisory Council.

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A Fair Australia
A re-elected Gillard Labor Government will continue to pursue practical change to improve
Australia’s federal system of justice and the administration of Australia’s external territories. In
addition, we will undertake reforms to remove inequalities and strengthen protections from
discrimination and improve opportunities for Indigenous Australians.

Building on our Strategic Framework for Access to Justice, a re-elected Gillard Labor Government
will introduce a package of legislative reforms to strengthen the federal civil justice system and
ensure access to justice in areas including civil dispute resolution, discovery, suppression and
non-publication orders, vexatious litigants and judicial exchange.

Federal Labor will continue to pursue an access to justice agenda and promote an accessible and
effective federal civil justice system. We will:

 Continue to work to ensure that all Australians have access to justice as part of our National
Partnership Agreement on Legal Assistance, particularly disadvantaged, vulnerable and
Indigenous Australians. This work will include the establishment of a new National Legal
Assistance Advisory Body, chaired by an independent representative, to help develop
national responses to critical challenges affecting the legal assistance sector.

 Encourage a range of alternative dispute resolution options, following the work of the
National Alternative Dispute Resolution Advisory Council on its statement of national
alternative dispute resolution principles and model dispute management plan for Federal
Government agencies.

 Implement a new structure for Australia’s federal courts, including the creation of a
specialist Military Court of Australia, to achieve a more integrated and efficient system
which will more effectively deliver legal and justice services to both the civilian and
defence communities.

 Improve the operation of the administrative law regime, look for opportunities to better
integrate administrative tribunals, and develop improved administrative law guidelines for
Federal officials.

 Increase dialogue between Attorneys-General in the Asia-Pacific as part of promoting the

rule of law and working together to address justice issues. We will implement the Pacific
Law and Justice Framework, improving coordination in the delivery of assistance to the law
and justice sectors of Pacific Island countries, and continue to promote the rule of law and
best practice in our region through the Attorney-General’s International Pro Bono Advisory
Group.

 Continue to strengthen Australia’s position as a leader in law and justice issues

internationally, including working to end ‘scientific’ whaling through the International
Court of Justice.

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A re-elected Gillard Labor Government will strengthen the ability of the family law system to
address family violence and protect children. We will promote the early resolution of family
disputes, including through encouraging alternatives to court based resolution in Family
Relationship Centres.

The Gillard Labor Government will continue to pursue changes to ensure our family law system
remains strong and effective. We will:

 Consider any necessary legislative amendments to improve the family law system’s
handling of violence cases arising from the ‘Evaluation of the 2006 Family Law Reforms,’
conducted by the Australian Institute of Family Studies, the ‘Family Courts Violence
Review,’ conducted by Professor Richard Chisholm AM and the ‘Improving responses to
family violence in the family law system’ report conducted by the Family Law Council.

 Enhance family dispute resolution in a number of ways, including extending the

requirement to participate in family dispute resolution to property and spousal
maintenance matters and giving families more options to resolve their disputes by allowing
them to participate in mediation, conciliation or arbitration.

 As part of our new structure for Australia’s federal courts, finalise the single Family Court
to provide a one stop shop for family law litigation and ensure that people can access
assistance when they need it.

 Consider any necessary action following the conclusion of the Australian Law Reform
Commission’s reference into family violence, focusing on the interaction of Federal and
State laws regarding domestic violence and sexual assault, and on how a range of Federal
laws support victims of family violence.

 Continue implementing the National Plan to Reduce Violence Against Women and their
Children.

A re-elected Gillard Labor Government will provide $3 million over the forward estimates to the
Australian Human Rights Commission to create a stand alone Age Discrimination Commissioner as
a dedicated advocate for people, including older Australians, who experience age discrimination.
The Commissioner will be a dedicated advocate in the community and engage with stakeholders,
including industry and community representatives, to tackle discrimination in our workplaces and
our community, promote respect and fairness and build a more inclusive Australia.

We will also explore opportunities to ensure that other areas of systemic discrimination, such as
disability and race, have their own dedicated advocate.

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A re-elected Gillard Labor Government will continue to focus on measures that promote a fair and
inclusive society. We will:

 Implement Australia’s Human Rights Framework to promote and protect human rights,
including enhanced parliamentary scrutiny of human rights, harmonising all
anti-discrimination laws and providing a suite of education programs.

 As part of the project to harmonise Australia’s anti-discrimination laws, we will examine

gaps in our laws, the effectiveness of remedies, and work to reduce the regulatory burden
for business.

 Work to become a party to the Optional Protocol to the Convention against Torture, which
Australia signed in 2009.

 Engage with United Nations international human rights bodies, including through
Australia’s participation in the Universal Periodic Review process before the Human Rights
Committee in 2011.

A re-elected Gillard Labor Government will implement the Council of Australian Governments’
decision to create national regulation of the legal profession in Australia – ensuring ongoing
uniformity and a single and independent Australian legal profession, reduced regulatory burdens
and enhanced consumer protection.

In the area of micro-economic reform, Federal Labor will work with the States and Territories
through the Standing Committee of Attorneys-General, to harmonise and modernise Australia’s
laws. We will:

 Reform the rules relating to procurement of Federal legal services, including through more
coordinated procurement arrangements and promoting a more efficient and cost effective
means for Government procurement of external legal services. As part of this, we will
explore options to further increase competition by enabling a broader range of firms to
work on behalf of the Federal Government.

 Ensure copyright law can meet the challenges of new technologies and the digital age.

 Ensure our classification system maintains the community’s confidence in light of

technological change.

 Develop further strategies to increase people's awareness of how the bankruptcy system
works, and how to get early advice.

 Contribute to Australia’s reputation as an international commercial arbitration hub by

improving the national framework of international commercial arbitration.

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A re-elected Gillard Labor Government will continue to strengthen community safety for
Indigenous Australians and work to improve Australia’s native title system.

Federal Labor will continue to address Indigenous disadvantage and work towards ‘closing the
gap’ between Indigenous and non-Indigenous Australians, including in the area of Indigenous
justice. We will:

 Strengthen community safety for Indigenous Australians, particularly in relation to policing,

coordinated service delivery and alcohol management, together with the States and
Territories.

 Support the continued work of the ACC in combating crime through the National
Indigenous Intelligence Task Force.

 Continue to work to ensure Australia’s native title system evolves to meet the needs of
users, and encourages the effective and efficient resolution of native title claims by shifting
the focus from process to outcome.

A re-elected Gillard Labor Government is committed to Territorial autonomy and economic

development of the Territories.

A re-elected Gillard Labor Government will continue to support the long term development of
Australia’s Territories. We will:

 Continue to ensure that infrastructure and services in the Indian Ocean Territories are
adequate, supporting the development of a long term plan that will ensure ongoing
economic and environmental sustainability.

 Continue to support local councils in the Indian Ocean Territories including their
development of expertise and skills that will contribute to autonomy and long term
sustainability.

 Ensure Christmas Island’s unique environment and long term tourism opportunities are
maintained through ongoing conservation of the National Parks and better quarantine
services.

 Work with the ACT Government to prepare for celebrations of Canberra’s Centenary in
2013, and continue to work towards clarifying respective responsibilities in developing the
National Capital, particularly in the area of planning.

 Support the Northern Territory to develop and diversify its economic base, and work to
celebrate the centenary of the Northern Territory in 2011.

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 Ensure the standards of living of residents of Norfolk Island are comparable with mainland
Australia, without sacrificing the benefits to the community of self-government, and
continue to work with the Norfolk Island Government and the local community to improve
standards of accountability and transparency within the Government and associated
Government enterprises.

 Work to provide all Territories with an optimistic and sustainable future.

Coalition’s approach – taking Australia backwards

Mr Abbott has announced a number of policies relating to Attorney-General’s portfolio areas.

Returning to failed border security policies

Among a suite of failed policies from the past, the Coalition has stated that they will ‘turn back the
boats’. Under international law, vessels are entitled to freedom of navigation on the high seas
without interference. The Coalition’s policies risk endangering the safety of Border Protection
and Defence personnel and putting them in the position that they may also breach international
law. For all the Coalition’s tough talk, during the entire period of the former Coalition Government
only seven boats were turned back. The former Coalition Government did not turn a boat back
after 2003.

While the Coalition has signalled that they plan to make more than $40 billion in budget cuts, and
to look for further savings if elected, Mr Abbott has remained silent on whether or not they will
abandon the important acquisition of Cape Class vessels. The former Coalition Government failed
to invest adequately in border security assets and capability. Mr Abbott has provided nothing new
on border security, no new investment in assets and no commitment to replace the Bay Class
vessels with the vastly superior Cape Class vessels as planned by Federal Labor.

Mr Abbott’s belated proposal to amend anti-people smuggling laws simply tinkers around the
edges of Federal Labor’s strong package of new offences and penalties, which passed the
Parliament with his support in May this year.

Federal Labor’s tough new people smuggling offences contain penalties of up to 20 years
imprisonment, and mandatory minimum terms of up to eight years. These new laws also give ASIO
enhanced powers to investigate people smuggling and other serious border security threats and to
collect foreign intelligence about people smugglers and their networks.

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Playing catch up on organised crime

The Coalition has announced projects that they claim will tackle violent gang and knife crime. This
is usually the role of State and Territory police, but the Coalition is proposing to move 200 State
police to the ACC in Canberra. They have also announced plans to establish a National Violent
Gangs Database.

Mr Abbott has re-announced what Federal Labor has been doing for the last three years, but
without any more police to deliver it.

He has announced that he is planning to take front line police off the streets of Australian cities
and put them behind desks in Canberra. This is a poor outcome for law and order, and a poor
outcome for community safety.

In contrast, Federal Labor has already legislated to give police the power to crack down on
organised crime, including seizing gang money and breaking up gangs – laws which the Coalition
tried to water down.

Federal Labor has already enabled federal law enforcement agencies to work with State and
Territory police on developing criminal intelligence and responding to organised crime.

And we have announced a policy which will have a real impact on the number of knives and other
weapons that come into our country.

The ACC already has a criminal intelligence database, Australian Criminal Intelligence Database
(ACID), which identifies gang members and their associations.

The ACC also already has squads and taskforces focussed on gangs and other serious crime groups.

The Gillard Labor Government has put organised crime on the national agenda and continues to
build on our strong record in protecting the community.

If the Coalition is serious about crime, it would have done more about gangs when it was in
government. It neglected organised crime despite social and economic costs to the community of
around $15 billion per year.

Cutting African Law and Justice Frameworks

Mr Abbott has said he will discontinue Federal Labor’s investment of $12.9 million to strengthen
African law and justice frameworks and build capacity related to transnational crime. This funding
is for stronger law enforcement that will ultimately protect Australia and its interests.

Randomly plucking this measure out of the air demonstrates the Coalition’s lack of understanding
of the importance of international cooperation to meet challenges like international terrorism and
transnational crime.

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International terrorist groups have in the past been, and continue to be, active in Africa. For
example, al-Shabaab claimed responsibility for the murder of over 70 people as recently as
11 July 2010 in Kampala, Uganda.

It is in Australia’s national interest to work with our partners in Africa to build their capacity to
fight terrorism. This measure is aimed at providing technical assistance to our African partners, so
for example they can better detect money laundering – a well known source of finance for
terrorist groups. It is simply irresponsible to cut international crime cooperation efforts in areas
such as money laundering, terrorism, people smuggling and trafficking in persons and cyber crime.

Abandoning Australia’s Human Rights Framework

Mr Abbott has said that he will cut $18.3 million currently dedicated to implement Australia’s
Human Rights Framework, including $12 million allocated for human rights education. This
proposed cut will jeopardise the important measures contained in the Framework.

It demonstrates once again the Coalition’s disregard for human rights. In its submission to the
National Human Rights Consultation Committee, it supported enhanced parliamentary scrutiny,
yet this is a key measure in Federal Labor’s Human Rights Framework which Mr Abbott is
abandoning.

When the Coalition was in government, Australia went backwards on promoting and protecting
human rights. They:

 Failed to introduce legislation to remove discrimination against same sex couples and their
children.

 Curtailed the powers of the independent Australian Human Rights Commission by

introducing a veto to stop the Commission’s intervention in court proceedings.

 Made it harder for people to make complaints of age discrimination by requiring that the
person establish that age discrimination was the dominant reason for discrimination.

 Opposed Australia becoming a party to the Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination Against Women.

 Were against Australia becoming a party to the Optional Protocol to the Convention
Against Torture, Inhuman and Other Degrading Treatment.

 Did not support the Declaration on the Rights on Indigenous People at the United Nations.

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Costings Table
During the election campaign, Federal Labor has announced additional funding over the forward
estimates of:

 $5.25 million to the Attorney-General’s Department to deliver the extension of our Safer
Suburbs program.

 $15 million to the Attorney-General’s Department to deliver the extension of our Secure
Schools program.

 $3 million for the Australian Human Rights Commission to deliver a dedicated Age
Discrimination Commissioner.

These commitments will be fully offset, consistent with Federal Labor’s commitment to return the
Budget to surplus in 2013, three years ahead of schedule.

We will also dedicate a significant proportion of the funding from proceeds of crime to support
crime prevention activities by police and communities. In our first term, more than $30 million
has been taken from criminals and used to fund law enforcement and community crime
prevention programs under the Proceeds of Crime scheme.

In addition, Federal Labor’s key investments in the Attorney-General’s portfolio represent around
11 per cent growth in portfolio funding from around $3.8 billion in 2007-08 to over $4.2 billion in
2010-11 and across the forward estimates.

These investments include:

 $377.1 million for national security measures, including countering violent extremism and
establishing the Criminal Intelligence Fusion Centre and CERT Australia.

 $441.2 million for border security measures, including increasing surveillance and response
capabilities, and enhancing regional cooperation on law enforcement.

 $497.5 million for law enforcements measures, such as the increase in sworn police officers
and for our cyber safety plan.

 $235.2 million for civil justice measures including the single biggest injection in the history
of legal assistance programs.

 $104.8 million investing in the long term sustainability of our Territories including services
and infrastructure.

The additional announcements made during the campaign build on these measures.

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