Law enforcement in Australia
|This article relies largely or entirely upon a single source. (September 2010)|
Law enforcement in Australia is facilitated by police, sheriffs and bailiffs under the control of state, territory and the Federal governments. A number of specialist agencies also administer a wide variety of legislation related to white-collar crime.
The police are responsible for the criminal law. The sheriff, sheriff's officers and bailiffs in each state and territory are responsible for the enforcement of the judgments of the courts exercising civil law jurisdictions.
In Australia there are two distinct, but similar levels of police force, the various state police forces and the Australian Federal Police (AFP). The state police forces are responsible for enforcing state law within their own states (including cities within the states) while the AFP are responsible for the investigation of crimes against Commonwealth law which occurs throughout the nation. The AFP also have responsibility for a community policing role (similar to the state police) in Commonwealth territories such as the Australian Capital Territory. The boundaries between the two levels of law enforcement are somewhat flexible and both state and federal police co-operate on or transfer cases between each other depending on the specific circumstances.
The AFP also provide liaison officers to various overseas posts to assist in relations with various police forces overseas, as well as providing community policing officers to assist in the development of local law enforcement agencies and peacekeeping operations in locations such as the Solomon Islands with the RAMSI mission and Cyprus for example. The AFP is only thirty years old having been borne out of the old Commonwealth Police whilst the various state police forces were established in the 19th century.
Unlike some other countries under the Commonwealth such as Great Britain itself, Australian State and Federal Police carry firearms. Most "On the Beat" officers duty belts consist of; a Handgun; a Taser; an Expandable Baton; Pepper Spray; a set of handcuffs; ammunition magazines; Gloves; Torch; and a Two-way radio.
Australia has a number of federal agencies that have an enforcement role, these can be broken into law enforcement agencies and regulatory agencies. The primary federal law enforcement agency in Australia is the Australian Federal Police (AFP) who employ armed Federal Agents with the powers of federal Constables and Constables of Australian territories. AFP Agents also have the powers of a state police Constable where a state crime has a federal aspect but otherwise do not have the power to enforce state crimes. The Australian Border Force (ABF) is responsible for customs and immigration enforcement at Australia's ports and investigations where the AFP does not have primary jurisdiction. Unlike AFP officers Border Force officers do not have the powers of federal constables only having limited arrest powers, they may however detain persons for federal or state crimes or warrants until that person can be presented to an AFP officer or state constable. Australian Border Force officers have the authority to carry arms where a supervisor gives approval, in practice only Maritime officers and specialist counter terrorism officers carry arms.
Policing and law enforcement agencies
Regulatory and law enforcement agencies
- Australian Border Force (ABF)
- Australian Quarantine and Inspection Service (AQIS)
- Australian Competition and Consumer Commission (ACCC)
- Australian Securities and Investments Commission (ASIC)
- Australian Crime Commission (ACC)
- Australian Taxation Office (ATO)
- Australian Prudential Regulation Authority (APRA)
- Australian Security Intelligence Organisation (ASIO)
- Australian Communications and Media Authority (ACMA)
- Australian Radiation Protection and Nuclear Safety Agency (ARPANSA)
- Australian Fisheries Management Authority (AFMA)
- Australian Industrial Relations Commission (Fair Work Australia)
- Australian Maritime Safety Authority (AMSA)
- Australian Civil Aviation Safety Authority (CASA)
- Australian National Audit Office (ANAO)
- Australian Classification Board (ACB)
- Australian Energy Market Commission (AEMC)
- Australian Commonwealth Ombudsman (CO)
Defence law enforcement agencies
- Royal Australian Corps of Military Police (RACMP)
- Australian Defence Force Investigative Service (ADFIS)
- Defence Security Authority (DSA)
- Air Force Police (AFPOL)
National common policing services
The Australia New Zealand Policing Advisory Agency (ANZPAA) was established in October 2007. ANZPAA is a joint initiative of the Australian and New Zealand Police Commissioners and funded by contributions by Australia and New Zealand Police jurisdictions. ANZPAA is a non-operational policing agency which provides strategy and policy advice, and secretariat services to the ANZPAA Board on cross-jurisdictional policing initiatives that help enhance community safety and security. ANZPAA's strategic direction is set by ANZPAA’s board and the Australia New Zealand Council of Police Professionalisation (ANZCoPP, formerly Australasian Police Professional Standards Committee, APPSC). More information www.anzpaa.org.au
The Australasian Police Professional Standards Committee (APPSC) was an organisation that served all Police Jurisdictions around Australia and New Zealand. APPSC was the body for police education and training in Australia and New Zealand, the Council comprising each of the Police Commissioners from Australia and New Zealand along with the President of the Police Federation of Australia and the President of the New Zealand Police Association. On 9 November 2007, APPSC roles and functions were amalgamated into ANZPAA. In 2013, APPSC was retitled to the Australia New Zealand Council of Police Professionalisation.
Crime Stoppers programs run in each state and nationally. Crime Stoppers collects information about crime and passes it on to the police ensuring that the community can participate in crime fighting.
CrimTrac is an intergovernmental policing agency that supports Australian policing through the provision of forensic and other information and investigative tools between state and federal police departments. The National Automated Fingerprint Identification System (NAFIS) is national fingerprint database, administered by CrimTrac.
Each State as well as the Northern Territory is responsible for maintaining its own police force which is responsible for policing at the state and local level. This involves general law and order, traffic policing, major crime, anti-terrorism branches, water police, search and rescue and in some states transit police. Local policing in the Australian Capital Territory, Jervis Bay Territory and Australia's external territories is contracted to the Australian Federal Police (AFP).
In some states, local governments employ by-laws officers or rangers to enforce local by-laws or ordinances relating to such matters as parking, dog ownership, retailing, littering or water usage. These local government officers are not considered to be police forces as they generally only have the power to issue fines and do not have the same powers as state police. They may rely upon appointment as a special constable or legislated powers for their authority.
State police also perform certain functions on behalf of the Australian Government such as the enforcement of various Commonwealth Acts and regulations in conjunction with the Australian Federal Police and other Commonwealth officers.
- New South Wales Police Force
- Northern Territory Police
- Queensland Police
- South Australia Police
- Tasmania Police
- Victoria Police
- Western Australia Police
In recent years, the states and territories have returned the responsibility of recovering court ordered fines to their sheriffs. In practice, the police often carry out the functions of sheriffs and bailiffs in rural and more sparsely populated areas of Australia.
The office of sheriff was first established in Australia in 1824. This was simultaneous with the appointment of the first Chief Justice of New South Wales. The role of the sheriff has not been static, nor is it identical in each Australian state. In the past his duties included: executing court judgements, acting as a coroner, the transportation of prisoners, managing the gaols, and carrying out executions (through the employment of an anonymous hangman).
Currently, no Australian state provides for capital punishment. A government department (usually called the Department of Corrections or similar) now runs the prison system and the coroner's office handles coronial matters. The sheriff is now largely responsible for enforcing the civil orders and fines of the court (seizing and selling the property of judgement debtors who do not satisfy the debt), providing court security, enforcing arrest warrants, evictions, taking juveniles into custody and running the jury system. Some state sheriffs can also apply a wide range of sanctions ranging from suspending drivers licenses and car registration through to wheel clamping and arranging community service orders, and finally as a last resort make arrests.
Council rangers are officers employed by local government areas in Australia to enforce the by-laws of those local governments and a limited range of state laws relating to such matters as litter control, animal control, dog laws, fire control, off-road vehicles, emergency management, and parking. Unless they are also sworn in as special constables, as many are, rangers do not have full police powers. Council rangers are also referred to as "local laws officers" in some of Australia's eastern states.
By agreement between the various commissioners, most police cars in Australia are predominantly white, with a blue and white Sillitoe Tartan checkered strip on the side. Some jurisdictions' highway patrol units and police also have fluorescent stripes surrounding the tartan. Most general patrol cars are Holden Commodores, Toyota Camrys, or Ford Falcons.
Prisoner transport vehicles are based on light commercial vehicles such as the Ford Ranger (T6), Toyota Hilux or Holden Ute and Mercedes Vito or Volkswagen Transporter. Highway Patrol vehicles are higher performance sedans, often in colours other than white for vehicles like Holden Commodore SS, Ford Falcon XR6 or Toyota Aurion.
A wide range of vehicles are used for unmarked purposes so as to not be easily identified as a police vehicle. Many of these vehicles are also specifically chosen to fit in with civilian vehicles.
Emergency lights on police vehicles are now generally blue and red; historically though, blue lights were used for police vehicles and red lights for fire engines and ambulances.
Police are now increasingly employing the use of a diverse range unmarked police cars. These vehicles include, besides the Commodore and the Falcon, the Chrysler 300C, Toyota Aurion, Toyota Corolla, Ford and Holden Ute, Ford Focus XR5, Subaru Impreza WRX, and the Volkswagen Golf. In rural areas, SUVs such as the Toyota Land Cruiser, Mitsubishi Pajero, Ford Territory, and the Nissan Patrol, are used.
Most Australian police services have mounted police units that are prominently used for ceremonial purposes, although in states like New South Wales, South Australia, Western Australia and Victoria the mounted police also undertake operational policing duties on a daily basis.