A long time coming: The case for a Commonwealth

White Paper on Law Enforcement

Web: www.aspi.org.au

Blog: www.aspistrategist.org.au

Twitter: @DavidKConnery

Dr David Connery

My argument

• The Commonwealth’s cabinet needs to make a high-level policy statement about its expectations in the area of law enforcement

– To deal with four main drivers of change

– Meet seven major challenges

– And lay the basis for a broader discussion with State and Territory governments about national law enforcement challenges and responses

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Scope

• White papers – start or end of a conversation?

• Forces of change

• Key challenges for Commonwealth law enforcement agencies

• Options other than a White Paper?

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White papers provide high-level policy guidance to agencies

• White papers aim to provide a ‘definitive’ statement of the Commonwealth government’s position on a policy issue – Can take a systemic view (police/law enforcement/justice?)

– Never the last word: events create change

• Might be signed by PM as chair of cabinet, or a minister with Cabinet endorsement – So they are authoritative

– But they create risks in development and delivery

• Might be developed within a department, or by an external consultant/panel

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Commonwealth law enforcement has been reviewed in the past

• It’s not virgin territory – ‘Report on the Review of Commonwealth Law Enforcement

Arrangements’ 1994

– Federal Audit of Police Capabilities (Beale Review) 2009

– National Commission of Audit 2014

• But none have been Cabinet documents – The 1994 review covered Commonwealth law enforcement

– Beale was comprehensive but focused on AFP

• And there’s been major organisational changes since Beale: – ACC role, extended ASIO heads of power, ABF

– Greater inter-jurisdictional cooperation, task forces

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Significant forces are changing the law enforcement environment

• Increasing expectations – For personalised service – For greater collaboration to more complex crimes – For response to the ‘issue de jour’ AND the big-issues

• The expanding importance of international forces for Australia’s society, economy and political interests

• Managing the results of incremental, evolutionary and reactive changes in the law enforcement system

• Long-term budget deficits

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These forces lead to challenges for law enforcement in general

• Dealing with demand – For products and services provided by organised

crime

– And demand for police services in general

• Managing long-term responses to terrorism, financial crime and cybercrime

• Managing and dealing with the challenge of new technology

• Building law enforcement skills and capability

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…and some for the Commonwealth in particular

• Identifying the optimal demarcation (or collaboration) between and among Commonwealth, national and state/territory responsibilities

• Sustaining law enforcement involvement in foreign policy

• Funding within and for our agencies (what don’t you do?)

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Budgeting is an inexact science AFP funding – actual vs planned 2006-07 to 2017-18

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800000

900000

1000000

1100000

1200000

1300000

1400000

1500000

1600000

1700000

1800000

2012-13

2013-14

2014-15

2014-15 (MYEFO)

Actual

AFP funding: Actual vs planned

Are there other options?

• There’d better be!

• Focused gap testing – Use discussions and exercises to examine key

areas for rub points or gaps: and make commitments to fix

• Agency strategic plans – Based on close collaboration with other agencies

– Noting that might be hard as agencies progress at different paces

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A white paper would help produce law enforcement capability

• Allow functions to be compared and analysed across agencies

• Ensure Cabinet agreement to the system and its resources

• Bridge ministerial gaps

• Provide a starting point for Commonwealth discussion with states and territories

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What’s an ‘ASPI’?

• Independent, not-for-profit think tank based in Canberra

• Company limited by guarantee with one shareholder (Dept. of Defence)

• Broad focus on defence and national security

• National security programs including: – Cyber policy

– Border security

– Counter-terrorism

– Resilience

– Strategic policing and law enforcement

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Strategic policing - law enforcement forward research agenda

• The environment for policing in 2030 (horizon scan)

• Police diplomacy

• Information sharing about organised crime between the public, business and law enforcement

• Counter-terrorism financing

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