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Tuesday, 7 February 2012
Page: 45

Australian Federal Police

Senator MILNE (Tasmania—Deputy Leader of the Australian Greens) (14:42): My question is to the Minister representing the Attorney-General, Senator Ludwig. Can the minister confirm that the Minister for Resources and Energy, the Hon. Martin Ferguson, sought advice from the Attorney-General on the use of the Australian Federal Police to 'assist the energy sector and jurisdictional police to manage the increasing risk of disruptions' by environmental protest­ers? Further, I ask whether the minister can confirm that the Attorney-General replied that the AFP:

… continually monitors the activities of issues-motivated groups and individuals who may target establishments through direct action, or action designed to disrupt or interfere with essential services.

Senator LUDWIG (Queensland—Minister for Agriculture, Fisheries and Forestry and Minister Assisting on Queensland Floods Recovery) (14:43): I thank Senator Milne for her question in this new year. Can I say at the outset that the AFP is a strong organisation that is about defending this country and it manages itself in a way that is second to none. With respect to the specific issue the senator has raised, which goes to what Minister Ferguson may or may not have done, I am advised that no request has been received from the Australian Federal Police, from the office of the Hon. Martin Ferguson or any other minister's office relating to the surveillance of protest groups. In relation to the second part of your question—which, as I recall, went to the issue around the surveillance of environmental and other protest groups—I am also advised that the AFP's protection liaison team does utilise the services of NOSIC to monitor publicly available information to assist in identifying and preventing possible criminal offences against Australian high office holders, foreign dignitaries and diplomatic missions.

In addressing the next part of your question, which goes to the issue of the AFP's use of monitoring protest groups, as I am advised, the AFP monitors protests groups in line with legislative requirements to prevent the occurrence of criminal acts and, by so doing, is able to ensure law enforcement resources are positioned in an effective and efficient manner. (Time expired)

Senator MILNE (Tasmania—Deputy Leader of the Australian Greens) (14:45): Mr President, I ask a supplementary question. Noting and thanking the minister for his answer, I just want clarity: is the minister saying that Minister Ferguson did not seek advice from the Attorney-General on the use of the Federal Police to assist the energy sector? I note he said 'the office', and I would specifically like to know if the minister sought advice from the Attorney-General. Further, has Minister Ferguson instigated or is the Commonwealth involved in any way with Queensland and New South Wales authorities and police in the surveill­ance of those involved in coal-seam gas protests, including farmers seeking to protect their land and parents seeking to protect their children? (Time expired)

Senator LUDWIG (Queensland—Minister for Agriculture, Fisheries and Forestry and Minister Assisting on Queensland Floods Recovery) (14:46): I thank Senator Milne for her first supple­mentary question. As I understand, there are a couple of parts to the question and so I will attempt to deal with them in seriatim. What I said in answer to the first question was that I am advised that no request had been received by the Australian Federal Police from the office of the honourable Mr Martin Ferguson or any other minister's office relating to the surveillance of protest groups. I will take that additional part of your question on notice and see what further information the Attorney-General may be able to provide you in respect of that issue.

As to the second part of your question, which relates more broadly to the coal-seam gas issue, I said in my answer to the first question, the AFP monitors protest groups in line with legislative requirements to prevent the occurrence—(Time expired)

Senator MILNE (Tasmania—Deputy Leader of the Australian Greens) (14:47): Mr President, I ask a further supplementary question. Can the minister tell me whether information on the surveillance of protesters—now being outsourced to a private contractor, the National Open Source Intelligence Centre—is available under FOI laws, given that the community deserves to know if people are monitoring their activities?

Senator LUDWIG (Queensland—Minister for Agriculture, Fisheries and Forestry and Minister Assisting on Queensland Floods Recovery) (14:48): I thank Senator Milne for her second supplementary question. As I understand the question, it is asking me as Minister representing the Attorney-General whether the information that NOSIC gains would be available under FOI. As I understand, FOI decisions are made by FOI officers within each department in accordance with the relevant legislative requirements under the FOI legislation. In that instance, it would be a matter for a particular individual to make an FOI request for particular information that they may seek. I would encourage anyone to use or avail themselves of that.

I am not sure I am in a position to answer more broadly whether any information available under NOSIC for what I have just indicated would be available under the FOI legislation. On that basis, though, I will still seek further advice from the Attorney-General in relation to whether they want to add anything further to that supplementary question. (Time expired)