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- 8 November 2005
Counter-terrorism Measures
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Page: 19187
Urgent Motion
Mr PETER DEBNAM (Vaucluse—Leader of the Opposition) [4.24 p.m.]: I move:
That this House supports Federal and State Government counter-terrorism measures to protect the people of New South Wales.
As I said today following the Premier's ministerial statement, it is important that we get out the message that this House is united in dealing with terrorism and ensuring that we have the appropriate counter-terrorism measures in place. I wish to briefly outline the history of terrorism and its impact on Australia. Recently there was a second bombing in Bali, and Australians were killed and injured. The first Bali bombing occurred in October 2002, when many Australians were killed and injured. The London bombings occurred in July this year, when one Australian was killed and many Australians were injured. Many deaths and injuries occurred as a result of the Madrid bombings and, of course, many Australians were killed in the September 11 terrorist attacks. Indeed, we have had terrorism on our shores in Sydney, as evidenced in incidents in the central business district and an attack on the Hakoah Club in 1984. Thankfully, no-one was killed in those incidents.
The point we make continually about terrorism is that what we are seeing at present is an attack on all Western democracies. In the past our lack of response to terrorism was best summed up by Henry Kissinger shortly after the September 11 attacks in 2001 when he said, "For ten years we have been living in a fool's paradise." To some extent, there remain people in Australia who still do not understand the full implications of being prepared for terrorism, preventing it, and then responding to any incident that takes place.
Over the years we have discussed the vulnerability of infrastructure. A number of measures are needed to detect any suspect activity in relation to the protection of infrastructure. It must also be acknowledged that terrorist attacks have largely moved beyond simply attacks on infrastructure: terrorists are looking to achieve a maximum number of casualties in their attacks. It is absolutely critical in any State government's response to terrorism that Federal and State authorities work hand in hand to ensure that their intelligence services work closely together, and that if there is an incident State governments are at the forefront of the emergency response with regard to both police and hospitals.
As I have said on a number of occasions in this House, we need to ensure that each of those services has appropriate resources. In a speech in this House in October 2001, shortly after the September 11 attacks, I made the point that we should look at what is being done in Parliament, in government agencies and in the community to prevent terrorism and to deal with the impact of any terrorist attack. At that time I seriously suggested, and I reiterate today, that it is probably about time we devoted at least one day to discussing counter-terrorism measures, given that over the last decade the Parliament has held summits on tax and drugs. I have suggested publicly and privately to the Government that not all wisdom in dealing with terrorism and counter-terrorism resides on the Government benches, and that it would be worthwhile to engage every member of Parliament in discussing counter-terrorism measures.
One of the points I made four years ago was that the budget was under pressure and needed review to ensure that substantial contingencies were built in from a counter-terrorism perspective. Today that is just as important, if not more important, than it was four years ago. The budget is now under even more pressure, and we need to make sure that police and intelligence-gathering agencies, as well as hospitals, have built-in contingencies. We need to ensure that our hospital budgets are not screwed down to the last bandaid. Currently there is a budget crisis in New South Wales, and it is important that the budget be reviewed with counter-terrorism in mind. I have continually suggested to the Government that counter-terrorism should be addressed in a bipartisan fashion. I know it is sometimes difficult to deal with such matters in that way, but this is a new challenge for the people of New South Wales and for the Parliament.
One of the recommendations I made in 2001 regarding the budget—and it is equally valid today—is that the Public Accounts Committee should be charged with reviewing the implications on the budget of the funding of counter-terrorism measures so that the necessary resources can be put where they are especially needed. I also suggested—and, again, it is still valid today—that it would be appropriate to establish a standing committee to deal with counter-terrorism so that members of Parliament are involved in assessing both the Government's strategies and the resources necessary to fund each of the government services that would be required to respond to a terrorist attack.
Given the threats around the world, particularly to Western democracies, all of us understand that it may well be inevitable that Australia will be the subject of a terrorist incident—and I suggest it would probably be in New South Wales. For that reason it is appropriate to call on the Government today to respond to those suggestions—as I called on it to do four years ago—to see what the Parliament can do in a united and bipartisan fashion to increase our preparedness to prevent terrorism and to respond to any attack that may occur. I again put on the record our gratitude to the police, the military and the intelligence services for the efforts they make in fighting terrorism, both here and around the world. Our gratitude goes to all the Federal and State police officers who again put their lives on the line during this morning's operation to serve the community.
Mr TONY STEWART (Bankstown—Parliamentary Secretary) [4.31 p.m.]: The New South Wales Government has made counter-terrorism a priority in the wake of tragedies such as 9/11 and the London and Bali bombings and has significantly boosted the State's counter-terrorism capacity. That has not been a one-off response. It is part of a continuing program to build our police tactical capacity, to test our command systems in realistic exercises, and to examine our legal system to ensure we have the necessary powers in place to deal with terrorism. The latest initiatives to keep New South Wales at the forefront of preparedness for a terrorist attack include new covert investigative powers. The Terrorism Legislation Amendment (Warrants) Act 2005 creates a new State offence of being a member of a terrorist organisation and establishes a specialised covert search warrants scheme for use in investigating this new offence, as well as in preventing or responding to likely terrorist acts.
The covert warrants scheme will allow both the New South Wales Police Counter-Terrorism Coordination Command and New South Wales Crime Commission to enter and search premises without having to make that known to the occupier. A Supreme Court judge will determine when the occupier is to be notified, but the Act permits notification to be delayed for years, if need be. The Act also permits the obtaining of listening device warrants that permit the operation of listening devices for up to 90 days, the current maximum being 21 days. These new powers will improve the capacity of police to track the work of terrorist operatives. Evidence suggests terrorist suspects take time to settle in a new country and build up connections, and they wait for instructions or opportunities.
These new laws will give police the power to observe terrorist suspects covertly over long periods and develop vital intelligence about their networks. We saw how effective these covert operations can be this morning throughout Sydney and Melbourne. A number of checks and balances are in place to ensure appropriate use of covert search warrants and other measures in the legislation. Covert search warrants will be available only in relation to Commonwealth terrorist offences, they can be issued only by a Supreme Court judge and the Police Integrity Commission will be responsible for investigating complaints in relation to their use.
These new powers complement those already provided through the enactment of the Terrorism (Police Powers) Act 2002. These powers support police in responding to an imminent terrorist threat and in apprehending terrorists after an attack. The Act gives police the power to cordon off areas, facilitate search powers and control movement into and out of the target area. This morning was the first time the extraordinary terrorism powers in the Act have been used. Thankfully, as a result of these enforcements, the police forces of this country may have prevented a catastrophic act of terrorism in this country, in either Melbourne or Sydney. There was no way that the operations today both here in New South Wales and in Victoria could have been achieved if there had been any degree of fragmentation between the law enforcement agencies. It is clear from the results that the fragmentation in co-ordination between agencies that has occurred elsewhere in the world did not occur in Australia this morning.
Clearly, we observed and noted levels of fragmentation that have occurred in other jurisdictions and have learnt from those mistakes. What happened in the aftermath of September 11 was an example of co-ordinating agencies not talking to each other. The ongoing message for agencies today in dealing with terrorism throughout the world, and particularly in Australia, is that they need to talk to each other. The Act ensures that will happen, because it has the support of the Federal Government, through the Prime Minister, and, importantly, the Premiers of each State. I am pleased to report that the New South Wales Premier keenly ensured that the final legislative framework was along the lines that the Premiers discussed in their peak conference with the Prime Minister earlier this year. The legislation ensures that the necessary checks and balances are in place and that there is an opportunity for judicial input into the way the legislation is dealt with. A collaborative effort has resulted from a focussed investigation.
New laws have also been introduced targeting both terrorists and criminal behaviour that could be linked to terrorism. Those laws include the creation of a cyber sabotage offence, new explosive offences, and tougher penalties. The Premier's counter-terrorism task force is continuing to review and monitor our laws to ensure they are relevant in the context of the modern terrorist. The New South Wales Police Counter-terrorism Coordination Command was created in the wake of the Bali bombing to co-ordinate the expertise of police in investigating and preventing terrorism. This highly specialised command has a staff of almost 500, including a permanent presence at Sydney International Airport, to ensure the rapid flow of intelligence. The Government boosted the NSW Police budget by $2.1 million per annum to fund the Counter-terrorism Coordination Command. In addition, the Government has spent more than $14 million on new equipment for use in the event of a terrorist attack. That equipment includes a new helicopter for counter-terrorist response, a bomb containment vessel and three bomb disposal robots.
The Counter-terrorism Coordination Command's counter-terrorist skills are regularly tested in ongoing exercises. Those exercises have included Explorer and Mercury, and more are planned. They provide NSW Police with valuable training in responding to a terrorist incident. The exercises will be a key feature of police training in the lead-up to the hosting by Sydney of the Asia Pacific Economic Co-operation [APEC] conference in 2007. In one sense, the job of being prepared to deal with terrorism will never be complete. The nature of terrorism changes rapidly, and that is why we must remain ever-vigilant against the threat. The New South Wales Government is committed to maintaining counter-terrorism measures as a priority.
In the wake of the terror attacks in the United States in 2001, the United States Congress initiated the 9/11 Commission Investigation. The most important finding of that commission was that intelligence sharing and working co-operatively are paramount in combating terrorism. As I mentioned, such co-operation is of extreme importance between the agencies, which include police in this State and other States and, of course, the Australian Federal Police, the Australian Security Intelligence Organisation and other intelligence services. Clearly, what occurred today demonstrates we are working well in this co-operative framework, and getting results. As I said, the New South Wales Government is committed to working co-operatively with the Commonwealth and other State Governments to ensure the safety of our communities.
This issue is beyond politics, and the Government will treat it that way. I am pleased that Kim Beazley, the Federal leader of the Labor Party, has taken the correct approach and stated publicly the need to co-operate with Federal and State government initiatives to deal with this dire threat. On behalf of the people of New South Wales, the Premier and the Minister, I thank the New South Wales police, their Victorian colleagues, the Australian Federal Police and security agencies for their great work in using their intelligence in such a fruitful and co-operative framework.
Today's events leave us in no doubt that we all need to be vigilant in our efforts against the threat of terrorism. We need to be alert but not alarmed. We need to ensure that we have the necessary tools to deal with the threat, and New South Wales has done this by ensuring that our police work with other agencies. This has the strong support of the Premier. The threat is real and dangerous. We will continue to work co-operatively with our Federal counterparts and other relevant agencies to minimise the risk of terrorism.
Mr ANTHONY ROBERTS (Lane Cove) [4.41 p.m.]: I pay tribute to the leadership of the Federal Government, particularly, the measured and calm leadership of the Prime Minister, John Howard, the Attorney-General, Philip Ruddock, the Australian Federal Police led by Mick Keelty, and ASIO led by Paul O'Sullivan. I also congratulate NSW Police, led by Ken Moroney, and I acknowledge Lieutenant Colonel Bill Pickering from the Department of Foreign Affairs for his assistance in preparing this material today.
Transnational terrorism confronts us with a new kind of foe. It is diverse, complex, adaptable and continually evolving. It is uncompromising and global in reach, and its operation is highly networked. Its approach is asymmetric, using unconventional and unexpected means to wreak maximum damage. It is of a scale that was previously unknown. Terrorism is a form of asymmetric warfare: an approach that uses non-traditional methods to counter an opponent's conventional military superiority. It uses unconventional means to attack unexpected targets. It turns perceived strengths into weaknesses and exploits vulnerabilities to deadly effect. It may also involve the capability to attack an adversary with means for which they are unprepared or incapable of responding in kind.
The new transnational terrorists have adopted a strategy that responds to the unprecedented dominance of the United States of America and other highly developed Western countries in all aspects of conventional military power. The terrorists therefore seek means other than conventional warfare with which to confront the West. Terrorism pits clandestine methods against open societies. It uses small teams whose operations are cheap, but demands a response that is enormous in scale and expensive in resources. It exploits the foundations of civil society, such as principles of human rights, efforts to avoid civilian casualties, and adherence to the rule of law—including the laws of armed conflict.
The terrorists' asymmetric approach demands a sustained, comprehensive and co-ordinated response at national and international levels, incorporating a wide range of Australia's assets. It is a tribute to our system of government and the professionalism of our security and law enforcement services that very close professional harmony and co-operation have resulted in the arrest of suspected terrorists before an act of terror could be perpetrated. As the Prime Minister said, this has been a splendid example of agencies at a Commonwealth and State level working together for a common purpose, and that purpose is the protection of the people of Australia.
Once again, I congratulate the Prime Minister and the Premiers of each State on their prompt support for the change that was made to the law last week. I do not doubt that without their prompt support and co-operation it may not have been possible to effect that change in the swift and effective way that transpired. In all its endeavours to deter terrorism the State Government has had the support of the Leader of the Opposition and the State Coalition, and it will continue to have that support in its attempts to prevent acts of terrorism occurring on Australian soil and against Australian people.
Our wonderful country, with its fantastic freedom and democratic processes, has been viewed by some with malicious and envious eyes. The truth is that we have potentially been the target of militant and fundamentalist groups since our involvement in the liberation of East Timor. It is an absurdity to think that we would be immune from a possible terrorist attack. Every country, including Australia, is a potential terrorist target and, like many countries around the world, Australia has been on a heightened security alert since 11 September 2001. The horrific events of Bali have clearly shown that Australia, along with a great many countries, is already a target for international terrorism. Terrorists such as Al Qaeda hate the values and the way of life of free peoples in societies such as Australia, and these people would not stop targeting us even if we had a different position on Iraq, for example.
It is likely that the people of New South Wales and this country will be living with increased security for the foreseeable future. Terrorism, unfortunately, has changed the world and security may never return to the relaxed levels most of us grew up with. What is being done to protect us? We have the national security and law enforcement agencies, including ASIO, the Australian Federal Police, the defence forces, as well as New South Wales security forces and the Police Force, which have been significantly upgraded. A national counter-terrorism plan is in place, detailing how Australian, State and Territory governments and national security agencies work together to detect, prevent and respond to terrorism, as we saw only this morning. At a Federal level, about $1.4 billion is being spent to strengthen Australia's counter-terrorist capability.
I want to make it quite clear that there is no reason for us to change our normal routine or domestic holiday plans other than to allow additional time for increased security checking. It is important that we do not allow the threat of terrorism to change the way of life that we value so highly. We live in a magnificent country. It is a country that people died for and we are very proud of it. I commend this motion to the House and I once again congratulate the Federal and State governments and the police forces on their work this morning.
Ms KRISTINA KENEALLY (Heffron) [4.46 p.m.]: I support the motion. The Premier recently attended the Council of Australian Governments [COAG] meeting in Canberra with the Prime Minister and other State and Territory leaders. The meeting was productive and co-operative, and resulted in in-principle support for a range of new legislation. Specifically, COAG agreed that the Commonwealth will amend its Criminal Code in order to better deter and prevent potential acts of terrorism. The agreed amendments include providing for control orders; preventative detention for up to 48 hours to restrict the movement of those who pose a terrorist risk to the community; and the proscribing of organisations that advocate terrorism.
States and Territories will enact laws to effect measures which, because of constitutional constraints, the Commonwealth cannot do. These measures are: preventative detention for up to 14 days; and stop, question and search powers in areas such as transport hubs and places of mass gatherings. COAG noted that most States and Territories already had or had announced stop, question and search powers. COAG will review the new laws after five years and they will sunset after 10 years.
Intense negotiations have been conducted between State and Commonwealth officials over recent weeks on these new laws. The New South Wales Government has now finalised negotiations with the Commonwealth Government on the counter-terrorism laws. This morning's events demonstrate why Australia needs tough laws in the fight against terror. We need strong laws with strong safeguards. The New South Wales Government has reached agreement with the Commonwealth on additional safeguards that will allow strengthened review of preventative detention orders. Merit review in the first 48 hours of a preventative detention order is an important safeguard that the New South Wales Premier has insisted on. The Commonwealth is prepared to act to preserve the role of the judiciary in this process.
During the negotiations we secured safeguards from the Commonwealth on a number of issues, including judicial review of control orders, judicial merit review of preventative detention, and shoot-to-kill provisions. In relation to control orders, the Federal Attorney-General must consent to the Australian Federal Police making an application to a court for the issue of a control order. The court must be satisfied, on the balance of probabilities, that issuing the control order would substantially assist in preventing a terrorist act, or that a person has trained with a listed terrorist organisation. The court must also be satisfied, on the balance of probabilities, that each of the controls in the order is reasonably necessary, and reasonably appropriate and adapted for the purpose of protecting the public from a terrorist act. Normal judicial review processes will apply to decisions to issue or revoke control orders.
In relation to preventative detention, detention for any period beyond 24 hours will depend on a judicial officer being satisfied that there are reasonable grounds to believe that making the order would substantially assist in preventing a terrorist attack or, where a terrorist attack has occurred, in preserving evidence. A person detained will not be able to be questioned, except to confirm their identity. Any preventative detention order, as well as the treatment of the person detained, will be subject to judicial review, and a person detained will be given an opportunity to contact a lawyer. Consistent with Australia's international human rights obligations, any person being preventatively detained must be treated humanely and with respect for his or her human dignity and must not be subjected to cruel, inhuman or degrading treatment. Failure to treat a detained person in accordance with these obligations will be an offence punishable by two years imprisonment.
The new powers will also be subject to parliamentary oversight. The Federal Attorney- General will have to report to Parliament each year on the operation of both control orders and preventative detention. The package represents an appropriate balance between the need for strong counter-terrorism laws while at the same time preserving important individual liberties that those of us in democratic societies value, including the right to legal representation and judicial review.
Motion agreed to.
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