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ATTORNEY-GENERAL THE HON PHILIP RUDDOCK MP

“A safe and secure Australia:

rism”

Manly Pacific Hotel, Manly, Sydney

ary 2006

ST DELIVERY

[Acknowledgements]

An update on counter-terro

12.30pm, 21 Janu CHECK AGAIN

nowledge the traditional owners of the

lands we meet on — and pay my respects to their elders,

• Firstly, may I ack

both past and present.

[Introduction]

1. I’m sure everyone here is as relieved as I am there was

ident affecting Australians or Australian

reak.

ack to

occur at any time.

3. The bombings in London last July demonstrated that

despite long experience of terror from the IRA, and high

no terrorist inc

interests over the Christmas and New Year b

2. Yet the reality is we must be prepared for an att

2

levels of vigilance, the British authorities could still not

detect the attack in time to prevent it.

4. This does not mean we should panic.

ney and in

te last year suggest that we can prevent

6. Our task as a Government is to work even harder at

detection and prevention of attacks, and to continue to

e our ability to respond should an attack occur.

has

8. It is impossible to turn the clock back to the time before

the terror threat increased so significantly in September

.

which

he world to

live in.

10. We must ensure that our children and their children

continue to grow up in a safe and tolerant democracy,

5. The arrests of alleged offenders here in Syd

Melbourne la

terrorist activity.

improv

7. In doing so, we must also recognise our world

changed.

2001

9. But we can protect the values and prosperity

make our country one of the great nations of t

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

3

where everyone has the opportunity to realise their

potential.

1 rror threat

rowly focussed on better security —

1 inforce the

other pillars on which our community life is based —

tolerance, diversity and prosperity.

1 ty capability, the

ent is responding to terrorism by

engaging the community in ways that reinforce

harmony and tolerance.

1. This means our response to the increased te

must not be nar

vital though that is.

2. Instead, we must also work to support and re

3. As well as boosting our national securi

Australian Governm

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

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14. Today I want to talk about both these aspects — how

we are continuously improving our cou

capability, while also protecting and enhancing

nter-terrorism

fundamental human rights.

[Counter-Terrorism]

5. Since 2001, the Australian Government has s 1 pent

around $6 billion on more than 100 additional security

measures, and this figure is increasing all the time.

1 s been a comprehensive response which has

ssessed and

17. We have engaged the community through programs

ther to Manage

Emergencies Initiative”, which offers grants to local

government and community organisations for

emergency management projects.

6. This ha

seen every aspect of our national security a

improved.

such as our “Working Toge

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

5

18. The community has also responded strongly through

more than 71,000 calls to our Natio

since it was established in December 2002.

About 37,000 of these calls have prov

with useful information that has incre

understanding of the threats facing A

Mick Keelt

nal Security Hotline

ided authorities

ased our

ustralia.

As Australian Federal Police Commissioner

y has confirmed, hotline information has

rism

1 iness

re our critical infrastructure such as

hospitals, telecommunications and water supplies

[Commonwealth Games - M2006]

been used in a number of counter-terro

investigations.

9. We are also working closely with the bus

community to ensu

remain safe and secure.

20. Rather than read out a long list of government

initiatives, let me give you a practical example.

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

6

21. From 15 March, Melbourne will host the

Commonwealth Games, with 4500 athl

71 nations in attendance and cr

etes from

owds as large as

nhance our broad

international reputation - in particular it is an

rtunity to show the world Australia is a country

confident of their

2 of the Games

been

undertaking in the past five or so years.

2 nship between the Australian and Victorian

Governments on security matters is built on a solid

history of cooperation among all Australian

governments.

100,000 people expected at the MCG.

The Games will be a showcase for Australia in terms of

our sporting prowess. It should also e

oppo

where tourists and other visitors can be

safety.

2. Our preparation for the security

represents a microcosm of the work we have

3. The relatio

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

7

24. This cooperation has resulted in the development of

Australia’s comprehensive National Cou

Plan, and the establishment of effective netwo

covering strategic, intelligence and operatio

nter-Terrorism

rks

nal matters,

mmittee.

2 ty to ensure

we are as prepared as possible for the Melbourne

Games.

2 ia’s largest ever counter-terrorism

ed around a

27. This was an intensive role play with testing of

capabilities such as first response by the emergency

, as well

ctions.

2 ithin the

Australian Government, with clear chains of command

and definition of roles in the various Cabinet and

official committees, overseen by the Prime Minister.

such as the National Counter-Terrorism Co

5. We are building on this national capabili

6. For instance, Austral

exercise, Mercury 05, last year revolv

Games security scenario.

services, intelligence and information sharing

as testing the coordination among jurisdi

8. Coordination also occurs across portfolios w

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

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29. During the Games, the Australian Government as a

whole will support Victoria by:

! gathering and disseminating security and

intelligence, through ou

criminal

r intelligence agencies and

trol, through the

Customs Service and the Department of

Immigration

ess

e searches;

se teams; venue and vehicle

nd

radiological incident response;

maritime and

o

ecting dignitaries and VIPs through our

Protective Security Coordination Centre, and

! enforcing Federal laws, by the Australian Federal

Police.

the Australian Federal Police

! implementing strong border con

! using the Australian Defence Force to harn

specialist capabilities such as maritim

bomb search and respon

searches; as well as chemical, biological a

! maintaining transport security — air,

ground — through the Transport portfoli

! prot

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

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30. The major coordination role falls in my portfolio and

the Department of Prime Minister and Cabinet.

The Prime Minister and myself will be in

with operational authorities and can ta

close touch

ke charge of

y.

3 ted, we

are contributing $85 million to security for the Games,

as part of a broader Commonwealth contribution of

3

er and a demonstration of the

robust bility we have been

m Laws]

Commonwealth responsibilities as necessar

1. To ensure these activities are properly suppor

nearly $300 million.

2. The end result should be one of the best

Commonwealth Games ev

and effective security capa

building over the past five years.

[Counter-Terroris

forts to

me, we

the legal framework.

34. The London attacks last July gave us a chilling

reminder of what might occur should a terrorist attack

occur in Australia.

33. You will be aware that as part of our ef

strengthen Australia’s counter-terrorism regi

have improved

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

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35. Fifty-two people were killed in London, including

Melbourne man, Sam Lye.

36. The terrorists were indiscriminate in their killing.

3 t countries,

d was a

Londoner, and devout Muslim, called

3 mily said: "She was an

bove all a true

m and proud to be so”.

rists’

40. As we have witnessed on many occasions, including

no allowance for race,

religion or nationality.

41. In formulating our new legislation, I was determined

that all Australians should be kept safe.

7. The 52 victims came from many differen

and religions - one of the first to be burie

20-year-old

Shahara Islam.

8. A statement from her fa

Eastender, a Londoner and British, but a

Musli

39. But her faith did not save her from the terro

bombs.

our own region, terrorists make

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

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42. However, as I indicated earlier, it is also vital that we

do not throw away the important human r

values such as fairness and tolerance that

society the

ights and

give our

claim to be one of the world’s leading

4 is directed towards the

44. I consider it essential to recognise that these goals of

4 nal view has implied that counter-terrorism

tection of

46. This is unhelpful as it leads to the flawed assumption

that we can only have one or the other - strong national

ights]

democracies.

3. Accordingly, our legislation

twin goals of security and justice.

security and justice are not separate ideals.

5. The traditio

legislation is inevitably at odds with the pro

civil liberties.

security, or civil liberty - but not both.

[Universal Declaration of Human R

47. The over-arching framework which the international

community has laid down for the protection of human

rights and civil liberty is, of course, the Universal

Declaration of Human Rights. “A safe and secure Australia: an update on counter-terrorism” 21 January 2006

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48. Article 3 of the Universal Declaration of Human Rights

provides that everybody has the right to life, liberty and

security of person.

4 he

d Political Rights or

50. While we can all agree that human rights are universal,

equal and indivisible, we should also accept that many

5 s that nations may

ividual

rights and freedoms in times of emergency.

The Government has not needed to do this in the course

5 idual

ts conventions recognises that

these rights are not absolute, and must be balanced

against considerations such as national security, and the

fundamental rights of others.

9. These rights have been further developed in t

International Covenant on Civil an

ICCPR — which is binding on Australia.

rights are subject to qualification.

1. For example, the Covenant recognise

in some circumstances derogate from some ind

of implementing any of our counter-terrorism

measures.

2. In addition, the formulation of particular indiv

rights in the human righ

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

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53. For example, Article 12 of the Covenant balances the

right of liberty of movement with restrictions necessary

to protect national security.

5 bitrary

that no-

t on such grounds

and in accordance with such procedure as are

established by law.

5 extremely conscious of

ational

56. We understand that our national counter-terrorism

policies must embody the democratic values we are

seeking to protect.

[The New Laws]

4. Also, Article 9 provides for freedom from ar

detention, but again with the important caveat

one shall be deprived of liberty excep

5. I emphasise the Government is

maintaining the balance between strong n

security and respecting civil liberties.

57. The new anti-terrorism laws were built on Australia’s

existing counter-terrorism regime.

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

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58. The measures include:

! Updating the existing sedition offence and

developing new offences of inciting violence against

ederal Police

ers on

munity.

new preventative detention regime, allowing for

rist situation,

g

Australian Federal Police requests for information

that will assist with the investigation of terrorism and

59. I am pleased the legislation has been supported by

State and Territory leaders and has now also passed

through the Federal Parliament.

the community.

! A new regime allowing the Australian F

to seek from a court, 12-month control ord

people who pose a terrorist risk to the com

! A

detention for up to 48 hours in a terro

and,

! A new ‘notice to produce’ regime facilitatin

other serious offences.

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

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60. I can assure you we will remain flexible and responsive

as circumstances change, but we do not back

from the need for a proportionate legal fr

away

amework to

support rrorism capability. an effective counter-te

[Reviews of Legislation]

1. As you would expect, Australia’s counter-te 6 rrorism

laws will continue to be the subject of intense debate,

scrutiny and review that these laws received at all

6 redictable nature of terrorist activity requires

our measures

and laws.

Other countries have learnt the hard way that it is

r a terrorist

6 atic - we

continually assess our terrorism laws against the

current international situation and remain responsive to

future needs to ensure we have the best laws possible.

stages of development.

2. The unp

us to continually evaluate and review all

difficult to play legislative catch-up afte

attack occurs.

3. As a result, our response to terrorism is not st

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

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64. For instance, a review of previous security legislation

is underway chaired by the Honourable Simon Sheller

AO QC, a recently retired NSW Supreme Court judge.

6

id-2002,

f of this year.

66. The Council of Australian Governments has also

eed to a review in five years time of aspects of our

ertain State

sion is

edition

last year.

6 n important element in ensuring

encies have

accountable for

rcise of those powers.

68. The Government will also be undertaking an

independent review of the national identity card

proposal.

5. The review is re-examining security and

counter-terrorism legislation enacted since m

and will report back to me in the first hal

agr

recent Commonwealth legislation and c

laws.

And the Australian Law Reform Commis

expected to commence shortly the review of s

and related laws which I announced late

7. I see these reviews as a

that law enforcement and security ag

sufficient, targeted powers and are also

the exe

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

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After the London bombings the Prime Minister made it

clear that everything was back on the table, including

the possibility of a national identity card.

6 tional

f a national

o the benefits of the card outweigh

7 ll be asking

s or

carrying out

d it make it

errorist

activities and would it make it harder for people who

are engaged in terrorist activities to assume false

71. These are just some of the issues that our review will

canvas and I look forward to being able to announce

further details in the near future.

9. We will be asking what are the benefits of a na

identity card, what are the associated costs o

identity card and d

the costs or vice versa?

0. In relation to terrorism, the question we wi

is not would an ID card prevent terrorist attack

terrorist activities, but would it help in

investigations into terrorist activities? Woul

easier to track down people engaged in t

identities?

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

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[Balancing Counter-Terrorism and Social Cohesion]

72. Proper legal powe

response to terrorism.

If we as a society are to defeat terrorism, bas

on hatred, ignorance and misunderstanding, it

through educating the community, raising aw

rs are only part of a comprehensive

ed as it is

must be

areness of

human rights and responsibilities and engendering an

attitude of respect and tolerance.

7 John Howard said in

1 nation Bill,

w :

“the best way to promote harmony between the

in Australia is through the process of

s, in the

een the

7 day at Manly, I must reflect on the

recent acts of hatred and violence which marred the

normally idyllic scenes at another of Sydney’s iconic

beaches at Cronulla.

3. As the then recently-elected MP,

975, in the debate on the Racial Discrimi

hich had its 30th anniversary last year

races

conciliation, education, and - one hope

long term - greater understanding betw

races...”

4. Gathered here to

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

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75. This kind of mob violence is sickening and always to

be unconditionally condemned.

7 tory attacks,

of nor tolerated by the

7 ed either side, then the

7 eir

tally unacceptable

egardless

s.

79. I agree with the Prime Minister that the overwhelming

majority of Australians are not racist and this is

ers who

ly condemned the violence.

80. I commend the resolve of community leaders in

working together to ease the unrest and help restore

calm.

6. It was based on youth tensions and retalia

and is neither characteristic

broader community in Australia.

7. If racist elements have infiltrat

Government strongly condemns this.

8. Attacking people on the basis of their race, th

appearance, or their ethnicity, is to

and should be repudiated by all Australians, r

of their own background or their politic

demonstrated by the many community lead

open

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

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81. We are now seeing people engaging with each other to

solve problems in an understanding and tolerant

environment.

8 itizenship

ernment

ckground

to actively complete surf life saving qualifications and

become involved with the Australian Surf Life Saving

8 oting cross cultural

8 important

and Equal Opportunity

ss to

pect for

85. In addition, Australian governments are together taking

special measures to address the challenges faced by the

Muslim community in combating extremism among its

2. My colleague, John Cobb, the Minister for C

and Multicultural Affairs, has announced Gov

support for young Australians of an ethnic ba

movement.

3. This initiative is aimed at prom

understanding and activities between young

Australians of different backgrounds.

4. More broadly, the Government endorses the

role of the Human Rights

Commission in education and raising awarene

build tolerance, cultural understanding and res

human rights in the community.

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

21

members and preventing backlash in the broader

community.

8 mmunity as

t of

also feel

f the Australian community now

8 lear that in formulating our new anti-

articular

nality.

eir faith and

88. The Statement of Principles agreed at the Prime

M unity leaders in

A

ism...[we]

commit ourselves to work together with all

Australians to produce positive outcomes which

protect Australia against violence, terrorism and

6. Not only are members of the Muslim co

likely as any other Australian to be the targe

terrorists, but, unfortunately, some Muslims

that other members o

view them with suspicion.

7. It must be made c

terrorism laws, we were not targeting any p

religion or natio

We are targeting terrorists - whatever th

whatever their race.

inister’s Summit with Muslim comm

ugust says:

“In confronting the challenges of terror

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

22

intolerance and promote our common goals of

harmony and understanding.”

8 e

igration and

uslim

velop a National Action Plan to build on

9 nity in a

ve approach with governments,

security and law enforcement agencies, media and

9. The heads of all Australian Governments hav

requested the Ministerial Council on Imm

Multicultural Affairs to work closely with M

leaders to de

these principles.

0. The Plan will engage the Muslim commu

genuinely collaborati

community organisations.

[Conclusion]

91. It has been a pleasure to speak to you today, and I

set out

9 hasise the issues of counter-terrorism are under

constant review at the highest levels of government in

Australia, and that recent decisions have not been taken

lightly.

personally have welcomed the opportunity to

these perspectives for you.

2. I emp

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

23

“A safe and secure Australia: an update on counter-terrorism” 21 January 2006

93. Terrorism is arguably the greatest threat this nation has

faced in many decades, and perhaps the most insidious

and complex threat we have ever faced.

9 nsider the

s for all

of the development of our

95. I wish you well with the rest of your Convention, and

for the future.

ENDS

4. Yet we have made a conscious effort to co

human rights and civil liberties implication

Australians at every stage

legislative and other proposals.