The Australian Federal Police was formed on 19 October 1979 under the Australian Federal Police Act 1979[5] after the merging of the former Commonwealth Police and the Australian Capital Territory Police. This followed a review of Australia's anti-terrorism capacity by Sir Robert Mark, former commissioner of the Metropolitan Police in the UK, which was commissioned by the Fraser government following the 1978 Hilton bombing. In November 1979, the Federal Narcotics Bureau was transferred to the new agency.[6] In 1984 the protective service component of the AFP was separated forming the Australian Protective Service under the administrative service and later governed by Attorney-General's Department; that agency was transferred back to the AFP in 2004 and is now known as Australian Federal Police Specialist Protective Command or as "Uniform Protection" internally.
Separately, the National Anti-Corruption Commission (NACC) is charged with investigating systemic corruption in the AFP and other commonwealth agencies. [8]
Roles and functions
The AFP's role is to enforce Australian criminal law, contribute to combating complex, transnational, serious and organised crime impacting Australia's national security and to protect Commonwealth interests from criminal activity in Australia and overseas.
The AFP is responsible to The Attorney-General's Department. Key priorities of the AFP are set by the Attorney-General, through a "ministerial direction" issued under the Australian Federal Police Act 1979.[9] Areas of operational emphasis include:
investigating complex, transnational, serious and organised crime
protecting Australians and Australian interests from terrorism and violent extremism
representing Australian police and law enforcement on an international level
developing unique capabilities and exploiting advanced technology to support Australia's national interests.
a national protection capability to ensure the protection of specific individuals, establishments and events identified by the Australian Government as being at risk.
a national counter-terrorism first response capability focused on aviation security and protection of critical infrastructure.
National operations
Federal agents are based in each Australian state and territory, internationally and form the largest component of the AFP staff, federal agents chiefly perform criminal investigative duties.
The AFP Specialist Protective Command provides physical protection for the Australian government at key locations throughout Australia and internationally. Uniform protection officers (identified as Protective Service Officers or PSOs) are firearms and defensive tactics trained, and perform duties which include armed escorts, bomb appraisals, bomb detection canines, visitor control, static guarding, alarm monitoring and response, mobile, foot and bicycle patrols, maintain civil order, security consultancy services, counter-terrorism first response at many Commonwealth establishments. Protective Service Officers have powers under Section 14 of the AFP Act 1979 to stop, request identification, search and arrest within their jurisdiction. Uniform protection officers undertake an essential role in protecting Australia's critical infrastructure and assist in providing protection for Australian high office holders, diplomatic, consular personnel and other foreign nationals.
Specialist Protective Command officers providing an armed uniform capability are located at federal establishments including Parliament House in Canberra; the residences of the prime minister and governor-general; foreign embassies and consulates in Canberra, Sydney, Melbourne and Perth; the Australian Nuclear Science and Technology Organisation, Joint defence facilities such as the Australian Defence Force Headquarters in Canberra, Holsworthy Barracks, Garden Island Naval Base, Victoria Barracks, the Pine Gap US defence installation, and sensitive covert locations in Australia and internationally.
Aviation Uniform Police (AUP) are the primary law enforcement agency responsible for aviation security at the nine major Australian airports; Sydney, Canberra, Melbourne, Adelaide, Brisbane, Darwin, Cairns, Gold Coast and Perth.[11] On 6 December 2019 the AFP announced that the Protective Operations Response Team (PORT) members located at the nine designated Australian airports will carry the Daniel Defense Mk.18 Short Barreled Rifle.[12] The increase in AFP aviation protection capability was part of the Aviation Security Enhancement Program (ASEP), the short barreled firearms specifically for the purpose of delivering a Counter Terrorist First Response (CTFR) role.[13]
International peacekeeping
Since its inception, the AFP has had a long tradition of involvement in international peacekeeping, policing and capacity development. International Deployment Group (IDG) is an AFP portfolio that has increased rapidly in a short time since its inception in 2004. Since 1964, Australia has contributed police officers to the United Nations Peacekeeping Force in Cyprus. AFP officers have also previously served with the United Nations in East Timor (Timor-Leste) and South Sudan.
IDG uses the Specialist Response Group for particular medium and high risk planned operations or emergency incidents in addition to assisting with capacity building and force protection operations.
The AFP Ceremonial and Protocol Team conducts and participates in a variety of police and community functions and ceremonies.
Ceremonial events include the annual National Police Remembrance Day Service at the National Police Memorial in Canberra on 29 September, medal presentations, parades, police funerals, memorial services, official opening of police stations and policing facilities, AFP pipes and drums concerts, inauguration events and public relations events
The Ceremonial Team coordinates the AFP Ceremonial and Protocol Officer (CAPO) Network and the AFP Pipes and Drums to perform ceremonial duties at these functions and ceremonies.
Formerly the Ceremonial team also included the AFP Ceremonial Mounted Cadre. The AFP Ceremonial Mounted Cadre was raised on 29 September 2006 at the dedication of the National Police Memorial. The ceremonial uniform comprises linkages to former mounted policing units of the AFP's predecessor organisations, namely the Commonwealth Police and the Peace Officer guard, as well as mounted policing units from the NSW Police Force which patrolled the geographic area of the ACT. The Mounted Cadre was disbanded shortly after their final appearance at the opening of the AFP's new Headquarters in Barton on 7 April 2011.[14]
The AFP Ceremonial and Protocol team currently provide drill instructor accreditation for both the AFP and the NSW Police Force, and ceremonial and protocol officer accreditation for all of Australia's policing jurisdictions.
International liaison
The AFP has an international network to assist with inquiries and liaison with police agencies around the world. The AFP represents Australian state/territory police agencies internationally. AFP's International Liaison Officer Network has 85 AFP appointees in 30 countries around the world. AFP International Liaison Officers are the Australian Government's law enforcement representatives overseas.[15]
The National Disruption Group (NDG) is an AFP-led interagency team which consolidates the capabilities of participating agencies to prevent, disrupt and prosecute Australian nationals who travel or intend to travel offshore to engage in hostilities and/or undertake terrorism training and support to terrorist entities. The NDG brings together the AFP and its partner agencies to coordinate operational disruption activities nationally and internationally with the aim of countering the enduring threat posed by foreign fighters.[17][18]
Australian Federal Police College
The Australian Federal Police College in Barton, A.C.T. is the training facility for the force.[19]
Commissioners
The highest ranked AFP officer is the commissioner, appointed under Section 17 of the Australian Federal Police Act 1979.
AFP members performing duties in ACT Policing, External Territories, Aviation, International Deployment Group (mission component) use uniform and community policing ranks. All other members use the title Federal Agent. Where applicable qualified members are also entitled to use Detective designation.
AFP Commissioner's Order 1 (Administration) states that every AFP Member holds a rank (as detailed below), with the corresponding title and role adopted.[22]
Uniform and Community Policing Rank/Title
Broadband Rank
Role
National Operations Title
Constable/First Class Constable/Senior Constable/Leading Senior Constable
First Class Constable is a reflection of four years of service. Senior Constable is a minimum of six years service. Leading Senior Constable is a reflection of at least 12–15 years of service. From there, promotion to Sergeant etc. is by application/merit and so on.
Criticism
Haneef affair
On 2 July 2007, Muhamed Haneef was arrested and held by the AFP and Border officers for terror-related incidents, as he was leaving the country. It was the longest detention without charge under recent anti-terror laws and was found to be unjustified. He received an apology and compensation after this.[23]
Martens conviction
In October 2006 a Cairns jury convicted pilot Frederic Arthur Martens under sex tourism laws of having intercourse with a 14-year-old girl in Port Moresby, Papua New Guinea. However, Martens was not in Port Moresby at the time, and flight records could prove this. The AFP refused to retrieve those records despite numerous requests, and Martins could not retrieve them as he was in jail. When the records were eventually retrieved by Martens' partner the convictions were quashed, with strong criticism of the AFP by Justice Chesterman. The AFP also froze all of Marten's funds while he was in custody, which prevented treatment for his daughter in Port Moresby, who died as a result.[24]
Bali Nine
The AFP were contacted by a member of the Bali Nine drug courier gang's father, and they said they would keep a watch on him. They could not stop them travelling to Indonesia to smuggle drugs. Instead, they contacted the Indonesian police which led to their arrest in Indonesia rather than when returning to Australia. The leaders of the gang, Andrew Chan and Myuran Sukumaran, were executed on 29 April 2015.[25] The others are still serving prison sentences.
Harun Causevic
Over 200 heavily armed police conducted raids at 3:00 am at various houses in Victoria on 19 April 2015, and then held Harun Causevic on a Preventative Detention Order (PDO), before charging him with terrorist offences.[26] Victorian premier Daniel Andrews said this was the first time a PDO had been used, and validated their importance.[27]
However, after Causevic spent three months in jail awaiting trial the federal police decided to drop the terrorism charges.[28] Causevic's defence lawyer, Rob Stary, said there was never any real evidence against Causevic, and that this eroded confidence in the authorities. He was also critical of the earlier "grandstanding" of Prime Minister Tony Abbott and Premier Daniel Andrews.[29]
On 4 June 2019 the AFP conducted a raid on the home of News Corp journalist Annika Smethurst, looking for information connected to a story she had written a few years earlier about new laws that would give the security forces new powers for surveillance over Australian citizens.[30] Radio host Ben Fordham also claimed that he was under investigation for some of his reporting.[31]
The next day the police raided the Australian Broadcasting Corporation (ABC) over a story about alleged war crimes in Afghanistan.[32] The search warrant allowed the police to "add, copy, delete or alter" any files they found on the computers.[33]
The incidents caused an outcry of condemnation from international media outlets, including the British Broadcasting Corporation (BBC) and The New York Times.[34] However, Prime Minister Scott Morrison said that "it never troubles me that our laws are being upheld".[30] The AFP have not ruled out the possibility that reporters may also be charged in relation to the alleged offences being investigated.[35]
On 15 April 2020, the High Court of Australia ruled that the warrant used in the Smethurst raid was invalid.[36]
Lehrmann rape trial
The Australian Federal Police withheld evidence provided by ACT Policing investigators to ACT prosecutors in 2021 Australian Parliament House sexual misconduct allegations to an inquiry into the handling of the matter due to laws preventing the agency from disclosing certain information. This led to accusations the agency was refusing to hand over the evidence.[37][38] The inquiry was created in the wake of accusations of mishandling made by both the ACT's Director of Public Prosecutions, Shane Drumgold, and the Australian Federal Police against each other.[39][40]
Member's conditions
The AFP changed rules around how firearms are checked out after a series of suicides in their offices, these changes were criticised by the Australian Federal Police Association (AFPA) as a quick fix.[41][42] The AFP has been criticised for low salaries, with accusations of having some of the lowest salaries of any police agency in Australia and some members being forced to find further employment.[43][44] The AFPA has claimed that the AFP had become the lowest paid law enforcement agency in Australia and is losing dozens of officers to other agencies each month. [45]
Operation Bourglinster
The AFP was criticised for an operation in which it targeted a young boy with autism spectrum disorder who had developed a fixation on a terrorist organisation. The boy's parent reported their concerns to authorities, leading to the Australian Security Intelligence Organisation, Victoria Police, and AFP joint counter-terrorism team (JCTT) to begin Operation Bourglinster. Officers of the JCTT were accused of encouraging the boy's ideation with terrorism, leading to a Victorian court to impose a permanent stay on charges. [46]
Media portrayal
The AFP has appeared in several fictional television series and documentaries. The AFP was the focus of a documentary series called AFP (TV series), which followed AFP operations and training in Australia and internationally. AFP members have also appeared in other documentary series such as Border Security: Australia's Front Line and the Keeping Australia Safe mini-series.
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