Australia – Pre and Post 9/11 Law Enforcement Response
By Felicity Collins
Prior to September 11, 2001, Australia lacked national anti-terrorism laws, with all but one of the states and territories handling politically motivated violent actions under various statutes of criminal law (Williams, 2011). The Northern Territory was the only jurisdiction who held their own specific legislation making terrorism a criminal offence (Parliament of Australia [PA], n.d.-a). On September 11, 2001, in an incident commonly referred to as 9/11, four commercial planes in the United States of America were hijacked by members of a terrorist organisation called al-Qaeda (National September 11 Memorial & Museum, 2014). Three of the planes were intentionally
…show more content…
In 1978, on Monday the 13th of February, Australia faced what is believed to be its first experience of terrorism, when a bomb hidden in a bin outside the Sydney Hilton Hotel exploded, killing two council workers and a policeman (Cahill & Cahill, 2006). At the time, the hotel was hosting eleven heads of government who were in Sydney for the Commonwealth Heads of Government Regional Meeting (Cahill & Cahill, 2006). The Australian government reacted by mobilising the military, which came to be referred to as ‘Siege of Bowral’, that highlighted issues with the legislation that dealt with terrorism and how unprepared Australia was at responding to a terrorist event (Hancock, 2002). Over the following years, a range of legislation was enacted to handle matters associated with terrorism, laws such as allowing for defence to aid to the civil power, aviation and shipping safety, chemical, biological or nuclear weapons, surveillance and intelligence services (Hancock, 2002).
Much of the Federal legislation was implemented to comply with international terrorism treaties that Australia was party to (PA, n.d.-a). Examples of this legislation include ‘Chemical Weapons (Prohibition) Act 1994’, which complied with the Convention on the Prohibition of the Development, Production, Stockpiling and use of
The 2002 Bali Bombings were a series of suicide bombing attacks on the popular western tourist district of Kuta, Bali - an island of Indonesia. The attack occurred on October 12, 2002 and took the lives of 202 people; 88 of which were Australian nationals. This response will evaluate the legal and non-legal responses to the Bali Bombings according to the following criteria: resource efficiency, accessibility, enforceability, responsiveness, protection of individual rights, meeting society 's needs and the application of the rule of law, and aims to answer the question that, in this case, has justice been
The case of Thomas v Mowbray revolutionised and created a new, broad, perspective of the constitutional defence powers in regards to terrorism. This was the first case to reach the High Court on the validity of anti-terrorism measures that were recently introduced to Australia by the executive. Thomas made several submissions within this case, including that the defence power was limited to defence against threats from foreign states and that the words ‘naval and military’ present in the wording of the section confines the defence power to those activities and cannot underpin broader activities to protect the community. Unfortunately, on the first point there was a 6:1 majority that the law was valid under the power for threats both domestic and foreign. Kirby J dissent held that the Commonwealth had essentially failed to establish the factual basis that was needed to support its reliance on the defence power. Further, Kirby J concluded that the ‘facts underpinning the war on terror did not constitute hostilities for the purposes of the first limb of the defence power.’ The majority of the High Court upheld the constitutional validity of the anti-terrorism laws that allowed for the courts to impose control orders upon persons of whom they believed to pose a threat due to their connections to listed terrorist organisations, regardless of the possibly that some derogable rights maybe be overridden. The control order imposed on Thomas required him to remain in his residence
The Australian Criminal Justice system has an intricate and diverse structure that makes it one of the most unique systems in the world. The Commonwealth of Australia was approved by the British Parliament in 1900 and came into existence on January 1, 1901. The federal constitution combined British and American practices, with a parliamentary government, but with two houses - the popularly elected House of Representatives and Senate representing the former colonies. This began the start of a new era of policing. (Findlay, Odgers, Yeo). The Commonwealth of Australia is a federalist government composed of a national government and six State governments. There are nine different criminal justice systems in Australia - six states, two territories, and one federal. The eight States and Territories have powers to enact their own criminal law, while the Commonwealth has powers to enact laws. Criminal law is administered principally through the federal, State and Territory police. (Chappell, Wilson, Heaton). In this essay an in depth analysis of the Australian criminal justice system will be given, along with a comparison to the United States criminal justice system throughout the essay. As well as an evaluation of the effectiveness of the system and finally a brief summary of how the Australian criminal justice system structure could be improved to better suit the evolving society. Australia has a complex and very intuitive system of policing that
The attack can be seen as catastrophic, as the main effect was on our sense of national vulnerability. In addition to the consequences, the attack was a turning point in Australia’s war effort and had caused a deep reflection on the cost of nationhood.
The opportunity to contribute to society are many and varied and include positions within defence or local community protection. This provides the opportunity to work in a field which promotes and supports the community and the Nation’s interests. In regard to working within ASIO, the focus is on analysing and reporting prospective threats, resulting in the production of protective security measures, to ensure the safety of Australia’s communities, people and assets. In the words of Pietsch and McAlister “Australia has been relatively immune from acts of terrorism” (Juliet Pietsch & Ian McAllister, 2012). “I want Australians to be aware that a terrorist incident on our soil remains likely but also that Australians should be reassured our security agencies are working diligently and expertly to prevent that happening” (Malcolm Turnball, 2015). Terrorism is an increasingly greater threat in the 21st century, and it is clear from these statements that ASIO has an important role to play in ensuring the security of Australian
September 11, 2001 (herein referred to as 9/11) was a day in American history, which will be remembered as the most horrific attack on American soil. This attack, carried out by nineteen Islamic extremists, was associated with al-Qaeda, and involved the hijacking of four airplanes. Two of those airplanes were hijacked and flown directly into the World Trade Center in New York City, New York. The third plane’s target was the Pentagon in Washington D.C., and the fourth plane was brought down in Pennsylvania where it is believed the passengers aboard fought the hijackers. This horrific day in history cost over 3,000 people their lives, and was labeled the worst attack on American soil since the attack on Pearl Harbor during World War II.
On September 11, 2001 four U.S planes were hijacked by a known terrorist group, called Al-Qaeda. The plane’s flight 11, and united airlines
On April 19, 1995, a terrorist set off a bomb at the Alfred P. Murrah Federal building. The explosion killed 168 people and injured 842 more. The bomb went off at 9:02 a.m., and it “destroying a third of the building and left a thirty-foot-wide crater” (Casey 2).
Policing has changed since 9/11. They wanted different ways to detect terrorist actions and criminal acts. So community policing was implemented. The government has provided money and has been supportive in agencies efforts to participate in community policing. “For example, the Office of Community Oriented Policing Services (COPS), a branch of the Department of Justice, provide funding to local police agencies to hire 100,000 new community policing officers in the 1990s” (Bureau of Justice Statistics, 2000 as cited in Chappell, 2009, 6).
Australia’s first anti-terror laws were enacted in response to the terrorist attacks of September 11 (Prof Andrew Lynch 2010). In recent years, increasing Australian involvement in international conflict has seen these laws shift to accommodate alarming trends in home grown terrorism (Australian Security Intelligence Organisation 2014). Sydney’s 2014 terror raids prompted the most significant changes to Australia’s counter terrorism legislation in the last decade (Commonwealth of Australia Department of Defence 2015). Amendments granted law enforcement and intelligence agencies new and somewhat controversial powers, in the name of national security.
“Things will never be the same.” (Miller, Stone & Mitchell, 2002, p. 3) Law enforcement has undergone dramatic changes as a result of the devastating events in the United States on 11 September 2001 (9/11). This essay will examine how law enforcement, specifically within Australia, has shifted its policies and strategies to fight the post-9/11 terrorist threat. An analysis of police actions towards terrorist related incidents since 9/11, displays how law enforcement agencies have demonstrated their
Law enforcement response to counter-terrorism fundamentally changed as a result of the unprecedented events of September 11th 2001 in New York and Washington (Kaldas, 2002, p61-62). This essay will examine how law enforcement has evolved in response to the changing nature of terrorism, with an emphasis on how this has impacted Australia. An analysis of arrests and subsequent
The events surrounding the September 11 attacks on the United States of America have often been shrouded in a cloud of controversy and mystery, with no one individual seemingly able to apprehend the “true” details of the terror attack. Many proposed theories have been brought forth, the most widely accepted being that of co-ordinated attacks by terrorist organisation “Al-Qaeda”. “9/11”, as the event is commonly known, is simply one of many global terrorism attacks that have seemingly consumed the contemporary world. Thus, it is up to the acts and responsibilities of governments and legal organisations to undertake action in attempt to achieve justice and equality throughout the world, ensuring the safety of all people. Although, it is
September 11, 2001 marked the most horrific day in history for United States of America. The events of this day changed the lives of those residing in America forever. United States was considered somewhat safe, in regards to terrorists’ attacks. However, this all came to a screeching halt when 19 militants known to be a part of the Al-Qaeda terrorist group hijacked four planes for the purpose of destroying targeted areas in the United States. As a result of the deadly attack on the United States, security measures drastically changed. Although, security measures throughout the United States have been in place, extreme caution came into effect. All departments looked at different measures to improve preventing terrorists’ attacks.
On September 11, 2001, 19 terrorists who were members of the Islamic terrorist organization named al-Qaeda, hijacked four commercial airplanes and committed suicide attacks against the United States. Two of the planes were ran into the towers of the World Trade Center (Twin Towers) in New York City, a third plane hit the Pentagon just outside of Washington, D.C. The fourth plane crashed into a field in Pennsylvania. The attacks resulted in mass death and destruction, triggering the United States initiatives to fight terrorism and defend our country. Over 3,000 people were killed during the attacks in New York City and Washington, D.C., among these people were more than 400 police officers and 300 firefighters, these heros lost their lives