Home Sweet Home. (A Critical Historical & Contemporary Perspective on the Emergence of the Department of Home Affairs) Prof John Blaxland

Home Sweet Home (A Critical Historical & Contemporary Perspective on the Emergence of the Department of Home Affairs) Prof John Blaxland @JohnBlaxland1

Home Sweet Home? What Happened and Why? AIC & DHA Background & Structures DHA Concerns & Opportunities Significance of Reforms to date Appreciating the checks & balances in an evolved & refined system

Department of Home Affairs 18 July 2017 PM announced reforms & establishing Dept of Home Affairs DHA officially stood up 20 Dec 2017 Refs to previous functions are being progressively updated in 2018 BUT confusing double-up with Intel Review Reforms

But How did we get here? & how have things worked so far? Evolving Government Architecture Depts & Agencies involved in Home Affairs Past Reviews & Reform Current Oversight & Accountability Mechanisms Globalisation & Drivers for further change

Home Affairs Since Federation 1901 Dept of Home Affairs (1901 16) public works, elections, census, the public service, pensions, and inter-state relations Dept of Home and Territories (1916 1928) Dept of Home Affairs (1928 32) Dept of the Interior (1932 72) Dept of Home Affairs (1977 80) Dept of Home Affairs & Environment (1980 84)

Immigration Since 1945 Dept of Immigration (1945-1974) Dept of Labour & Immigration (1974-75) Dept of Immigration & Ethnic Affairs (1975-87) Dept of Immigration, Local Government & Ethnic Affairs DILGEA (1987-93) Dept of Immigration & Ethnic Affairs ( 93-96) Dept of Immig & Multicultural Affairs DIMA ( 96-01) Dept of Immig & Multicultural & Indigenous Affairs DIMIA (2001-06) Dept of Immig & Multicultural Affairs DIMA ( 06-07) Dept of Immigration & Citizenship DIAC (2007-13) Dept of Immigration & Border Protection DIBP (2013-17) Department of Home Affairs DHA (2018)

Attorney General 2017 Mission: "achieving a just and secure society 4 groups: Australian Government Solicitor Civil Justice & Corporate Services Criminal Justice National Security & Emergency Management By Bidgee - Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=7514611

Dept of Human Services Delivers welfare, public aid, health and other services: Centrelink Medicare Chuld Support etc

Department of Social Services Families & Children Housing Support Seniors Communities & Vulnerable People Disability & Carers Settlement & Multicultural Affairs

AIC including DFAT

ROYAL COMMISSION ON AUSTRALIA S SECURITY A& INTELLIGENCE AGENCIES PROTECTIVE SECURITY REVIEW ROYAL COMMISSION ON INTELLIGENCE AND SECURITY ROYAL COMMISSION ON ESPIONAGE

Royal Commission on Espionage Albert Hall The Commissioners

Legislative consequences ASIO Act 1956 Telephonic Communications (Interception) Act 1960 Crimes Act 1960

Royal Commission on Intelligence and Security (RCIS) Inquiry into the National Estate 1972-1974 George Brownbill Robert Marsden Hope

RCIS Report 1976 Terms of reference for overall shape of the intelligence system Australian Intelligence Community fragmented, poorly co-ordinated and organised. agencies lack proper guidance [,] direction and control. Poor relations with the system of government they should serve. lacked resources used lack of funds as alibi

Agencies: less the creatures of their parent departments and more the servants of government as a whole

Protective Security Coordination Centre PSCC established Aug 1976

PSCC Rationale Tomislav Lesic: with crutches climbing stairs Abdul Azzam: Expelled over terrorist links

Ministerial committee to oversee AIC

ONA Act 1977

Hilton Hotel bombing Feb 1978

Protective Security Review Relationships between: police forces Law enforcement & intelligence agencies Defence force and civil authorities Security arrangements of departments Balance between rights and interests

New legislation ASIO Act 1979 Telecommunications (Interception) Act 1979

The Parliamentary Joint Committee on Intelligence and Security (2001) (previously PJCAAD 1979)

Combe-Ivanov & Sheraton 1983 8 months Media spectacle Obscured terms of reference

Hope s contribution to Australian Intelligence and security Robert Marsden Hope 16 reports from 1974-1984

Security Appeals Tribunal & Inspector General 1986

AUSTRALIAN PHILOSOPHY Australia needs its own independent and robust intelligence assessment and collection capability. Assessment separate from policy formulation. Collection separate from assessment Collection of human and signals intelligence undertaken by different agencies. ONA - principal assessment agency for foreign intelligence, with statutory independence.

Post 9-11 2004 Flood Report 2011 Cornall/Black (IRIC) Aust experience Contrasts with 9-11 Commission

Intelligence Services Act 29 Sep 2001 Legislative basis for ASIS & ASD (vice executive order) Increased powers to collection agencies (ASIO, ASIS & DSD) Establishment of PJCIS (vice PJCAAD)

Philip Flood 2004 East Timor? War in Iraq DIO v ONA? WMD? Political Interference? (Benign assessment due to transformative work under Hope)

Robert Cornall Rufus Black Independent Review of the Intelligence Community (IRIC) 2011

National Security Advisor (NSA) Anti- Terrorism Coordinator Independent National Security Legislation Monitor (INSLM) HIAM NB. FICC now the National Intelligence Coordination Committee (NICC) The Australian Intelligence Community

Post 9/11 Broadening National Intelligence & Security Community Aust Federal Police (AFP) Dept of Immigration & Border Protection (DIBP) Aust Border Force (ABF) Aust Criminal Intelligence Commission (ACIC) Aust Transaction Reports & Analysis Centre (AUSTRAC) Dept of Health Dept of Infrastructure & Regional Development Attorney-General s Dept Dept of Defence

Pre DHA Announcement outrider components AFP DIBP ABF ACIC AUSTRAC Dept of Health Transport Security

Australian Federal Police CRIME, TERRORISM, CVE Investigates national terrorist offences provides overseas liaison Provides protective services and Performs a state policing function in the ACT. The AFP Protective Service provides physical protection services for foreign embassies and government facilities, and counter-terrorism first response at major airports https://www.afp.gov.au/

Department of Immigration and Maintained the Movement Alert List Enforced Australia s visa regime. Engaged in international data-accessing initiatives aimed at preventing the movement of terrorists or terrorist groups Responsible for border control http://www.border.gov.au/ Border Protection

Australian Border Force BORDER SECURITY Provides security for Australia's offshore maritime areas Combines resources/expertise of Australian Customs Service & Department of Defence Works with officers from Australian Fisheries Management Authority, Australian Quarantine and Inspection Service, Australian, state and territory agencies, Delivers a coordinated national approach to Australia's offshore maritime security. http://www.border.gov.au/

Australian Criminal Intelligence Commission CRIME INTELLIGENCE Australia s national criminal intelligence agency Equipped with investigative, research and information delivery functions. Works closely with a range of partner organisations to strengthen the ability to respond to crime affecting Australia. https://www.acic.gov.au/

Australian Transaction Reports and FINANCIAL SECURITY & INTEL Australia's financial intelligence agency with regulatory responsibility for anti-money laundering and counter-terrorism financing. Identifies threats and criminal abuse of the financial system, and act to protect Australia's economy. Work in partnership with industry and government agencies in Australia and overseas to help keep Australia safe from financial and other serious crime build and maintain trust in Australia's financial system as part of the global community http://www.austrac.gov.au/ Analysis Centre

Department of Health HEALTH SECURITY Lead a whole-ofgovernment approach to strengthening Australia s readiness for disease threats, national health emergencies and large scale health incidents http://www.health.gov.au/

Department of Infrastructure and Regional Development TRANSPORT SECURITY & INTELLIGENCE Regulated the security of airports, airlines, sea ports and other transport Worked with state and territory authorities https://infrastructure.gov.au/

Attorney-General s Department COORDINATION national security arrangements crisis management arrangements legislative advice https://www.ag.gov.au/pages/default.aspx

INTELLIGENCE BEYOND THE AIC - AIC - NIC - NSC - (NSCC) National Security Community State and Commonwealth Government agencies who contribute to national security National Intelligence Community (NIC) PM&C DFAT AGD CUSTOMS BPS DIAC AFP ACC Defence Australian Intelligence Community (AIC) ONA DIO ASD AGO ASIS ASIO

Review of Australia s CT Machinery (I) (Post Martin place & Melbourne Attack 2014) The Commonwealth has strong, well-coordinated counter-terrorism (CT) arrangements. Overall, these have been quite successful A restructure or reshuffle of national security agencies is not the answer. But more must be done to strengthen cross-agency coordination and leadership. https://www.pmc.gov.au/sites/default/files/publications/190215_ct_review_0.pdf

Review of Australia s CT Machinery (I) (Post Martin place & Melbourne Attack 2014)

Review of Australia s CT Machinery (Post Martin place & Melbourne Attack 2014) Recommendations: Dev new CT strategy Boost CVE activities AG focus on community & public-private partnerships Boost ASIO, ASIS, AFP, ONA, IGIS https://www.pmc.gov.au/sites/default/files/publications/190215_ct_review_0.pdf

June 2017 IIR: Key Recommendations 1. Creation of ONI: sensible and graduated move to subsume ONA and provide a greater central mechanism for the national coordination of intelligence affairs New name is more clearly recognisable as the peak intelligence body 2. Establishment of a joint intelligence capability management function 3. ASD established as a statutory body within DoD on par with the heads of ASIO and ASIS 4. Australian Cyber Security Centre bolstered 5. IGIS remit expanded: to cover agencies not previously counted (6 to 10 ) an important step to render the newer intelligence organisations subject to oversight by the IGIS. 6. PJCIS slightly expanded, operationally oriented role to request briefings and initiate inquiries. Overall, the recommendations are sound. The review is well considered, timely & reasonable. L Estrange, Merchant and Lobban deserve to be congratulated

Department of Home Affairs 18 July 2017 PM announced reforms & establishing Dept of Home Affairs DHA officially stood up 20 Dec 2017 Refs to previous functions are being progressively updated in 2018

Department of Home Affairs A central policy agency, coordinating strategy & policy leadership for national & transport security, federal law enforcement, criminal justice, cyber security, border, immigration, multicultural affairs, emergency management trade related functions

Department of Home Affairs DHA includes functions from : DIBP Immigration & Customs Aust Border Force AGD national security, emergency management criminal justice DIRD- Dept of Infrastructure & Regional Dev the Office of Transport Security DSS - Dept of Social Services Multicultural affairs DPM&C CT Coord Cyber security policy

Sec Department of Home Affairs DepSec Exec (strategy, implementation & audit, CVE Centre) DepSec National Cyber Coord DepSec Policy DepSec Intel & Capability DepSec Visa & Citizenship DepSec Home Affairs Programs DepSec National CT Coord DepSec Corporate Immigration & Citizenship Intelligence Visa & Citizenship Management Office of Transport Security Centre for CT Coordination Corporate Traveler, Customs & industry ICT/CIO Refugee & Humanitarian Visa mngt Emergency Management Australia FAS People FAS Fin/CFO FAS Legal National Security & law Enforcement Major Capability Community Protection Critical Infrastructure Centre Detention Svcs International Identity & Biometrics Visa Delivery Transformation Children, Community & Settlement Svcs Health Svcs & Policy

Mike Peuzzulo s rationale Globalization s dark side (hacking, terror, crime etc) drives need for greater efficiency to enhance effectiveness Immigration shared responsibility with Educ & Trg, Social Svcs, Treasury

UNTANGLING LINES OF REPORTING & RESPONSIBILITIES PM&C DHA AGD NSCC SCNS IGIS PJCIS DEPT OF DEFENCE HIAM INSLM WARRANTS DHA

DHA Concerns & Opportunities Concerns Challenges long-established practices & procedures for inter-agency coordination (Hope Reviews/IRIC/IR17) Complicates implementation of 2017 Intel Review (which doesn t mention DHA) Blurs reporting and responsibility for agencies with AGD (ASIO/AFP) AGD left with responsibility to authorize but not implement warrants Immigration lost as a titular point of focus PR & operational risks in concentration of responsibilities in one Minister & Secretary

DHA Concerns & Opportunities IGIS Concerns (Margaret Stone): "The independence of this office is its most important asset "To add another minister - particularly one authorising aspects of an agency's activities which are a key part of our scrutiny - is to play into not only substantive compromise of our independence but also perceived "To my mind actual and perceived independence are equally important."

DHA Concerns & Opportunities Opportunities Recognises risks to Australia arising from greater global interconnectedness Facilitates greater coordination of border & home (or national) security issues AUSTRAC/ACIC/AFP/ASIO Streamlines financial arrangements for home affairs operational priorities Makes border protection function more centrally controlled Enhances AFP/ABF collaboration & functional streamlining Facilitates efficiencies of scale

DHA Concerns & Opportunities Concerns Unprecedented peacetime aggregation of power in one department Emerged w/o clear & robust justification Rivals the Dept of Defence in scope & reach Reduces contestability of advice to govt Narrows reliance for home affairs advice on a single portal to NSCC Challenges long-established practices & procedures for inter-agency coordination (Hope Reviews/IRIC/IR17) Complicates implementation of 2017 Intel Review (which doesn t mention DHA) Blurs reporting and responsibility for agencies with AGD (ASIO/AFP) AGD left with responsibility to authorize but not implement warrants Immigration lost as a titular point of focus PR & operational risks in concentration of responsibilities in one Minister & Secretary IGIS independence challenged Opportunities Recognises risks to Australia arising from greater global interconnectedness Facilitates greater coordination of border & home (or national) security issues AUSTRAC/ACIC/AFP/ASIO Streamlines financial arrangements for home affairs operational priorities Makes border protection function more centrally controlled Enhances AFP/ABF collaboration & functional streamlining Facilitates efficiencies of scale

Key Concerns with DHA changes The system was working, building on decades of incremental, time-tested reforms No public document or report advocated this DHA model Trial & error reforms on the run is risky Unnecessary potential points of failure generated by ambiguous & overlapping relationships between AGD/DHA/DPM&C/IGIS etc Power unduly concentrated Major Reforms Should Emerge from Major Reviews (like Hope s reviews) Rationale Must be Better Explained Absent such rationale, we should hasten slowly

Home Sweet Home (A Critical Historical & Contemporary Perspective on the Emergence of the Department of Home Affairs) Prof John Blaxland @JohnBlaxland1