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A secure and fair Australia.



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Election 10 A Secure and Fair Australia

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A SECURE AND FAIR

AUSTRALIA

Election 10 A Secure and Fair Australia

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A Secure and Fair Australia

Robert McClelland MP

Attorney-General

Brendan O’Connor MP

Minister for Home Affairs

ELECTION 2010

Election 10 A Secure and Fair Australia

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Table of Contents

A Secure and Fair Australia

Overview 4

What Federal Labor has achieved so far 4

A Secure Australia 4

Counter Terrorism 4

Cyber and Identity Security 6

Border Security 6

Organised Crime 8

Emergency Management 9

Community Safety and Law Enforcement 11

Recruitment and Retention of Police 11

A Fair Australia 12

Access to Justice 12

Family Law 13

Human Rights 14

Native Title and Indigenous Law and Justice 15

Micro-economic Reform 16

Management of Australia’s Territories 16

Future Challenges 17

What a Gillard Labor Government would do next 18

A Secure Australia 18

A Fair Australia 23

Coalition’s approach - taking Australia backwards 27

Returning to failed border security policies 27

Playing catch up on organised crime 28

Cutting African Law and Justice Frameworks 28

Abandoning Australia’s Human Rights Framework 29

Costings Table 30

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Overview

Federal Labor has a strong record of creating a more secure Australia that ensures a fair go for all.

We are investing over $4.2 billion in 2010-2011 under the Attorney-General’s Portfolio, towards national security, border and aviation security, counter terrorism, law enforcement and emergency management.

Australia’s key national security laws and agencies fall within the Attorney-General’s portfolio. The portfolio is also responsible for maintaining and improving Australia’s federal system of justice and the administration of Australia’s external territories.

A re-elected Gillard Labor Government will continue this work, ensuring that the Attorney-General and Minister for Home Affairs focus on building capability for the future, anticipating and planning to meet future challenges. We will also implement further practical improvements to ensure a fairer, safe and secure nation for all Australians.

What Federal Labor has achieved so far

A Secure Australia

There is no greater responsibility of government than to protect the safety and security of its citizens.

In December 2008, we delivered Australia’s first National Security Statement to the Parliament setting out our national security challenges and a comprehensive approach to responding to those challenges. This included the appointment of Australia’s first National Security Adviser, and the improved coordination of border security agencies through the establishment of Border Protection Command within the Australian Customs and Border Protection Service.

The Gillard Labor Government recognises that national security is no longer just about traditional security threats. Any threat to harm or destabilise Australian society or the economy is a threat to Australia’s security - be it man made or natural. Our approach to national security is focused on all hazards, including counter terrorism, border protection, serious and organised crime, cyber crime and emergency management.

Counter Terrorism

Earlier this year, Federal Labor launched the 2010 Counter Terrorism White Paper, ‘Securing Australia, Protecting Our Community’.

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The Counter Terrorism White Paper outlined a strategy for dealing with the threat of terrorism, which has four key elements:

 Analysis: an intelligence-led response to terrorism, driven by a properly connected and properly informed national security community.

 Protection: taking all necessary and practical action to protect Australia and Australians from terrorism at home and abroad.

 Response: providing an immediate and targeted response to specific terrorist threats and terrorist attacks should they occur.

 Resilience: building a strong and resilient Australian community to resist the development of any form of violent extremism and terrorism on the home front.

The White Paper established a Counter Terrorism Control Centre within the Australian Security Intelligence Organisation (ASIO) to create closer links and bring together expertise from across our security, intelligence and law enforcement agencies and focus Australia’s counter terrorism efforts. In addition, Federal Labor has improved cooperation between the Australian Federal Police (AFP), ASIO and the Commonwealth Director of Public Prosecutions. By driving greater inter-agency cooperation, we have achieved more successful counter terrorism prosecutions than any previous Government.

A crucial aspect of building resilience to the threat of terrorism is countering violent extremism. In recognition of this, we have developed a strategy to Counter Violent Extremism (CVE). This strategy is supported by an investment of $9.7 million to identify and divert people at risk of violent extremism, develop mentoring programs, including in prisons, and examine the role of the internet in the radicalisation process.

An effective legal framework is also fundamental to Australia’s security environment. In 2009, Federal Labor held the first national public consultation on Australia’s national security and counter terrorism laws to ensure that the divisive public debates that have been a feature of this area in the past were avoided. This public consultation addressed recommendations of the Clarke Inquiry into the case of Dr Mohamed Haneef and three other reports that had been ignored by the former Coalition Government.

Following the consultation, in March 2010 we introduced into Parliament the National Security Legislation Amendment Bill, which will provide a range of new powers as well as improved accountability measures. This will include extending parliamentary oversight of the AFP and the Australian Crime Commission (ACC).

Federal Labor has increased support for the AFP to work with and train overseas police forces. We are working to enhance counter terrorism liaison and build counter terrorism capacity in the Asia-Pacific, including the prevention of counter terrorism financing.

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Cyber and Identity Security

The online environment can be misused in a variety of ways, including organised crime, espionage, unauthorised modification of data, distribution of malicious software such as viruses, committing fraud, or stealing identities.

Federal Labor has moved to address these threats by implementing Australia’s first Cyber Security Strategy, aimed at maintaining a secure, resilient and trusted electronic environment that both supports our national security and maximises the benefits of the digital economy.

A Computer Emergency Response Team (CERT Australia) has been established to protect against cyber threats and vulnerabilities. We have also taken steps to accede to the Council of Europe Convention on Cyber Crime, which is the only binding international treaty on cyber crime. Federal Labor is also supporting Australians to protect their personal information by investing $23 million to prevent identity theft through our document verification scheme.

Border Security

The coast of the Australian mainland measures 35,877 km. Including islands, this extends to 59,736 km. The Australian Search and Rescue Maritime Region is 53 million square kilometres or 13 per cent of the world’s oceans.

While the size and complexity of our aerial and maritime border protection challenge is massive, Australia’s borders are well managed and they are secure.

Under Federal Labor, one boat has arrived on the remote mainland of Australia. Under the former Coalition Government, 19 boats reached the mainland undetected, at locations across the country including near Broome, Cairns, Port Hedland and as far south as Port Kembla, NSW.

Federal Labor has established the Border Protection Command to provide a single point of accountability for the 15 government agencies directly and indirectly involved in border security and to ensure all border security agencies are coordinated to respond to the full range of border threats.

These new arrangements have worked effectively, with better coordination between agencies now guided by Australia’s first comprehensive Strategic Border Management Plan. This plan ensures that border security agencies operate as a coherent whole, working towards joint rather than individual agency priorities.

Federal Labor has already invested more than any previous government in protecting our borders and detecting unauthorised boats. Over the last two budgets, we have invested more than $1.8 billion towards stronger border and aviation security, and combating people smuggling.

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As part of this investment, Federal Labor has committed to the purchase of eight new patrol vessels with greater range and improved surveillance and response capability. The new Cape Class vessels will be larger, more robust and have a greater surveillance and patrolling range, compared to the Bay class vessels that they will replace. The procurement process for the new vessels is well underway.

Federal Labor has also:

 Increased investigator and intelligence resources in the AFP People Smuggling Strike Team to 91 AFP officers and employees.

 Funded Customs and Border Protection and the AFP to work with their law enforcement counterparts in countries including Indonesia, Pakistan, Malaysia and Sri Lanka.

 Provided $24.8 million to help our regional law enforcement partners stop the business of people smuggling, including extra patrol boats, surveillance aircraft and communications equipment for the Indonesian National Police to detect and disrupt people smuggling ventures in Indonesian waters.

Under Federal Labor, more than 200 people have been arrested and prosecuted in Australia in connection with people smuggling ventures - in addition to more than 100 arrests in other countries in the region. In cooperation with their regional counterparts, Australian agencies have disrupted more than 200 people smuggling ventures, with more than 5,000 foreign nationals prevented from coming to our shores.

In May 2010, Federal Labor introduced tough new people smuggling offences. They included penalties of up to 20 years imprisonment and mandatory minimum terms of up to eight years. We legislated to give ASIO enhanced powers to investigate people smuggling and other serious border security threats and to collect foreign intelligence about people smugglers and their networks. We have also cracked down on remittance dealers being used to finance people smuggling.

Federal Labor has successfully engaged in regional cooperation. Upon coming to Government, we re-energised the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime, which Australia co-chairs with Indonesia. The Bali Process remains the only grouping in our region which comprehensively addresses the challenges of people smuggling and human trafficking.

We are working with countries in the region to put in place strong people smuggling laws, and welcome moves in several countries to criminalise people smuggling. The Malaysian Senate recently passed new laws that will help Malaysia’s law enforcement agencies to build on the success they are already having in stopping people smugglers. The Indonesian Parliament is now considering a draft Immigration Bill.

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Federal Labor has committed to working towards a regional protection framework, to effectively address irregular migration in the region. The framework involves the development of a comprehensive approach to the management of irregular migration through cooperation with countries of transit, destination and origin as well as relevant UN agencies and international organisations.

Federal Labor has introduced tough new offences and increased penalties for aviation related crimes, including hoaxes and offences against flight crew. We are also improving passenger risk assessments, through a further $24.9 million in the 2010-11 Budget, to help Customs identify passengers who may pose a risk at our borders, track their travel history and then share this information with the Department of Immigration and Citizenship and other law enforcement agencies.

Federal Labor has also made significant improvements to aviation security, with a new model of airport policing. Over the next three to five years, the AFP will take over responsibility for airport policing at Australia’s 11 major airports from the States and Territories. This initiative is in addition to retaining Joint Airport Investigations Teams and Intelligence Groups that capitalise on State and Territory police skills and intelligence.

We are supplementing this police presence at airports through a range of other aviation security initiatives, announced as part of a $200 million package earlier this year. These initiatives included a 50 per cent increase in Firearms and Explosive Detection Dogs at major airports, new screening technologies, and significant improvements to Customs computer technology in order to track passengers that may pose a potential risk. These measures complement initiatives in related portfolios, including the use of sophisticated biometrics technology.

Organised Crime

Organised crime represents a significant threat to Australian society, and is estimated to cost the community around $15 billion each year. In contrast to the former Coalition Government, who did not prioritise combating organised crime, we have comprehensively addressed this serious issue by ensuring our federal law enforcement agencies have the necessary tools to work together in tackling organised criminals wherever they operate.

Last year, we launched the Commonwealth Organised Crime Strategic Framework to identify and respond to key threats to Australia from organised crime. The Framework is designed to ensure coordination across agencies to maximise our detection and disruption of organised crime.

As part of this Framework, we have invested $14.5 million to establish a Criminal Intelligence Fusion Centre in the ACC and $24 million for new analytical technologies for AUSTRAC. These capabilities bring together people and intelligence from across Government agencies to find suspicious money flows and track these back to criminals and criminal activity.

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We have also passed tough new laws which give police the power to crack down on organised crime, including breaking up criminal gangs and seizing gang money. Measures include:

 Strengthening criminal asset confiscation and anti-money laundering laws.

 Requiring individuals suspected of possessing unexplained wealth to demonstrate it was legally acquired.

 Broadening access to telecommunications interception for the investigation of organised crime.

 Strengthening money laundering, bribery and drug importation offences.

 Enhancing the AFP’s search and seizure powers.

 Protecting undercover officers who infiltrate criminal organisations.

 Banning the importation of tablet presses used to make illegal drugs.

The Coalition repeatedly tried to water down these laws during their passage through Parliament.

Improvements to the proceeds of crime laws have already lead to over $30 million of confiscated assets in 2009-10 under the Proceeds of Crime Act. This compares with only $12.8 million in 2005-06 under the former Coalition Government. Federal Labor is reinvesting these funds into local crime prevention, law enforcement, drug treatment and diversionary measures across Australia.

At an international level, Australia has led the development of an ‘International Declaration to Combat Organised Crime’ with ally nations. This enhances overseas cooperation through increased sharing of information and criminal intelligence and greater co-ordination between law enforcement agencies.

We have supported the provision of greater technical and legal assistance to strengthen regional anti-money laundering activities and supported the establishment of the Vietnam-Australia Joint Transnational Crime Centre to combat illicit drugs, money laundering and child sex tourism.

Emergency Management

Federal Labor’s national security focus encompasses a much broader landscape than that which existed under the former Coalition Government. We have pursued an all hazards approach to national security, which includes protecting Australians from risks to their safety whether from man-made or natural events. The former Coalition Government had an artificial barrier between these two categories, with no strategic focus on all hazards and constant buck passing to the States and Territories.

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We have moved to align emergency management arrangements across Australia into a single comprehensive and coordinated plan, to ensure consistency of planning and the pooling of expertise and resources.

As part of this approach, Federal Labor is investing $110 million in the new Natural Disaster Resilience Program (NDRP) to help fund nationally significant emergency management projects. The NDRP also supports local resilience projects such as emergency management volunteer training, flood levees, bushfire trails and emergency management volunteer organisations.

Importantly, we have also provided over $26 million to assist the States and Territories establish ‘Emergency Alert’, the national telephone based emergency warning system. Since Emergency Alert became operational on 1 December 2009, it has been used 37 times and issued in excess of 258,000 messages. The system has been used in New South Wales, Victoria, South Australia and Queensland for flood, tsunami, bushfire and chemical incidents. The former Coalition Government failed to achieve an agreement on a national telephony based emergency warning system, despite it being on the agenda since 2004.

In addition, Federal Labor has implemented the Australian Tsunami Warning System (ATWS), which operates 24 hours a day, seven days a week, to detect and verify tsunami threats to Australia. We have also agreed with the States and Territories on a national protocol for the use of recorded voice announcements to provide valuable information to Triple Zero callers, ensuring that callers during major disasters or emergencies will be provided with critical information and contacts.

Federal Labor has implemented a Climate Change Adaptation Action Plan, to consider the impact of climate change on critical infrastructure networks. The former Coalition Government’s inability to deal with the risk of climate change saw no real planning for its impact on Australia’s natural disaster threat environment.

To tackle the significant threat to lives and communities posed by bushfires, we have provided additional funding of over $14 million for the National Aerial Firefighting Arrangements and $3.5 million to trial state-of-the-art bushfire detection cameras. We have also convened the first annual bushfire pre-season briefing for all Federal, State and Territory emergency authorities.

In addition, Federal Labor has:

 Convened an annual National Bushfire Arson Forum to identify areas requiring further action.

 Provided funding for a Bushfire Arson Investigation Course to assist the investigation of bushfire arson by police and firefighting authorities.

 Launched a ‘Bushfire Arson Prevention Manual’ to help communities prevent arson.

 Proposed tough new offences for bushfire arson causing death or serious injury.

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 Initiated development of a national database of convicted and suspected arsonists.

Federal Labor has also invested $16 million for a cutting edge Critical Infrastructure Protection Modelling and Analysis (CIPMA) capability. CIPMA models and analyses critical linkages and interdependencies across critical infrastructure sectors throughout Australia. This capability also includes social and economic impact analyses of critical infrastructure disruptions and assists in preparation for man-made and natural disasters.

Community Safety and Law Enforcement

Federal Labor is also making our local communities safer and more secure. The AFP is exceeding Federal Labor’s recruitment target to hire 500 new sworn officers over five years, with 280 more police since November 2007 already protecting our community. Over $200 million has been allocated for this purpose.

After conducting the Federal Audit of Police Capabilities as promised at the last election, we have reformed the organisational structure and funding arrangements of the AFP. This provides operational flexibility to deal with emerging crime threats and better manage long term counter terrorism and organised crime operations.

We have been supporting communities to take local action against crime and anti-social behaviour. The $15 million Safer Suburbs Plan has resulted in improved crime prevention infrastructure in more than 20 communities, including improved CCTV coverage, lighting and safety alarms. The $20 million Secure Schools program has supported similar infrastructure in 54 schools at risk of racially and religiously motivated violence, arson and vandalism. More than $30 million has been taken from criminals and used to fund law enforcement and community crime prevention programs under the Proceeds of Crimes scheme.

We are also working to prevent child exploitation, with increased penalties and new offences for child pornography and child sex tourism. The former Coalition Government failed to implement these much needed child sex tourism laws and child pornography laws. The Child Exploitation Tracking System has been established to support the AFP in detecting and investigating online child abuse, and the ‘ThinkUKnow’ cyber-safety program has been operating in schools Australia-wide to educate teachers and parents about how best to protect children online. Federal Labor has also ensured that people will only be able to work with children after their full criminal history has been considered.

Recruitment and Retention of Police

Federal Labor abolished the former Coalition Government’s Australian Workplace Agreements, which caused uncertainty and destabilised the police workforce nationally. We have implemented a comprehensive recruitment and retention strategy that has seen attrition in the AFP more than halved over our first term in government.

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We have put in place interim arrangements that provide AFP officers serving in high risk international missions parity with the military in terms of workers compensation and rehabilitation.

We have worked towards greater recognition of police, including through a special police medal.

We have conducted a Federal Audit of Police Capabilities and are implementing the recommendations in relation to reform of airport policing at Australia’s 11 major airports and the governance and resourcing of the AFP is well underway.

A Fair Australia

Federal Labor believes in building a fair society where all Australians enjoy the equality of opportunity to participate in the social, economic and political life of our nation. We have implemented a number of measures to improve the accessibility and effectiveness of our federal civil justice system and have undertaken reforms to remove inequalities and strengthen anti-discrimination laws.

Access to Justice

During its first term, Federal Labor made the single biggest funding injection in the history of legal assistance programs. As part of the 2010-11 Budget, we injected $154 million over four years into legal assistance programs, bringing the Federal Government’s total contribution for legal assistance services to over $1.2 billion over four years. It includes:

 $92.3 million over four years for legal aid.

 $34.9 million over four years for Indigenous legal services.

 $26.8 million over four years for Community Legal Centres.

We also provided an additional $70 million in one-off injections into a range of legal assistance programs during our first term in government. In contrast, the former Coalition Government in their first year slashed over $25 million in funding from the legal aid system and failed to provide adequate sustained funding for legal assistance programs or Community Legal Centres.

Access to justice is not just about access to a court or a lawyer. It is about providing practical information and options to help people prevent or resolve their disputes.

In 2009, we adopted a ‘Strategic Framework for Access to Justice’ to enhance the efficiency and effectiveness of the federal justice system based on five key principles: accessibility, appropriateness, equity, efficiency, and effectiveness. The former Coalition Government failed to undertake a genuine review of access to justice in the federal civil justice system during their time in government.

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As part of this Framework, Federal Labor has pursued a range of measures. We have:

 Negotiated a new national partnership with States and Territories on legal assistance services.

 Launched an Access to Justice website to help Australians find legal information and services in their local area .

 Enhanced case management powers, so that Federal Court matters are resolved as quickly, inexpensively and efficiently as possible.

 Introduced legislation requiring genuine steps to resolve disputes before going to court.

 Invested $1.6 million to encourage the recruitment and retention of lawyers in rural, regional and remote areas.

 Developed an action plan to ensure Federal laws are clearer and easier to understand.

In contrast to the former Coalition Government, who failed to provide any transparency in their judicial appointments processes, we have established a transparent and merit based judicial appointments process.

We have also introduced legislation to create a Military Court of Australia, in line with the Constitution, to deliver a system of military justice for ADF members that combines the necessary independence and constitutional protections for the judiciary with an understanding of the vital importance of military discipline in the operation of our armed forces. This follows the case of Lane v. Morrison, which found the former Coalition Government’s Australian Military Court to be unconstitutional.

Family Law

Federal Labor is committed to improving the family law system to accommodate the needs of separating families and deliver outcomes in the best interests of the people that are most important - our children.

In 2008, Federal Labor passed landmark legislation enabling de facto couples to access the federal family law courts on property and maintenance matters.

We have also taken steps to establish a single Family Court, to ensure that Australian families are supported by an efficient and fair court system.

As part of the National Action Plan to Reduce Violence against Women and their Children, Federal Labor has worked with States and Territories to establish a central system for law enforcement agencies to access information about domestic violence and family violence orders and adopt the most effective approaches to supporting victims and prosecuting allegations of sexual violence.

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Family Relationship Centres have been expanded and supported. Federal Labor has opened 24 new Family Relationship Centres, 14 Children’s Contact Services and invested over $20 million to build better partnerships between Family Relationship Centres and legal assistance services.

Human Rights

Enhancing and improving human rights is about creating a decent and inclusive society. In 2008, Federal Labor delivered on its commitment to remove discrimination against same sex couples and their families from over 80 different Federal laws in areas such as taxation, social security, health, aged care, superannuation, immigration, child support and family law.

Earlier this year, we launched Australia’s Human Rights Framework, which outlines key measures to further protect and promote human rights in Australia, including:

 Investing over $12 million in a comprehensive suite of education initiatives to promote a greater understanding of human rights across the community.

 Requiring that each new Bill introduced into Parliament is accompanied by a statement of compatibility with our international human rights obligations.

 Establishing a new Parliamentary Joint Committee on Human Rights to provide greater scrutiny of legislation for compliance with our international human rights obligations.

 Combining federal anti-discrimination laws into a single Act to remove unnecessary regulatory overlap and make the system more user friendly.

 Creating an annual NGO Human Rights Forum to enable comprehensive engagement with non-government organisations on human rights matters.

Federal Labor has implemented legislative reforms to:

 Prohibit torture and to prevent the reintroduction of the death penalty in Australia.

 Introduce stronger protections against age discrimination. The former Coalition Government made it harder for people to make complaints of age discrimination by requiring that the person establish that age discrimination was the dominant reason for discrimination.

 Provide minimum national standards for those with a disability to access premises.

Additionally, we have introduced legislative amendments to extend protections from discrimination on the grounds of family responsibilities, provide greater protection from sexual harassment and established breastfeeding as a separate ground of discrimination.

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Federal Labor has also enhanced Australia’s international human rights engagement by:

 Signing the Optional Protocol to the Convention against Torture.

 Ratifying the Convention on the Rights of Persons with Disabilities.

 Acceding to the Optional Protocol to the Convention on the Rights of Persons with Disabilities.

 Acceding to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women.

 Signing the Optional Protocol to the Convention Against Torture as a first step to becoming a party to the Protocol.

 Endorsing of the Declaration of the Rights of Indigenous Peoples.

 Extending a standing invitation to UN human rights experts to visit Australia.

 Ratifying the Third Additional Protocol to the Geneva Conventions.

The former Coalition Government refused to become a party to a number of these international instruments and was dismissive of the United Nations and its role.

Native Title and Indigenous Law and Justice

Federal Labor is committed to a more flexible, less legalistic approach to native title that delivers practical outcomes, including opportunities for Indigenous Australians and certainty for landholders and industry.

To this end, we have invested over $50 million to build a more efficient native title system and provided the Federal Court with powers to manage native title claims from start to finish, allowing opportunities for negotiated settlements to be more effectively identified and progressed.

A National Indigenous Law and Justice Framework has also been developed to improve the safety of Indigenous people across Australia. This Framework represents the first nationally agreed approach to tackling Indigenous law and justice issues.

The Framework has been supported by an investment of over $33 million to fund night patrol services in 81 Indigenous communities and additional police officers in remote Northern Territory communities.

In addition, the Gillard Labor Government recently announced it will provide $3.4 million for additional police officers to be located in eight remote Northern Territory Indigenous communities. The additional police will focus on community engagement to build trust and confidence in the justice system, in order to strengthen local safety and security.

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Micro-economic Reform

Federal Labor has pursued more efficient and effective arrangements in a number of areas.

A taskforce, appointed by the Attorney-General, provided a draft Bill to the Council of Australian Governments early in 2010 that provided a new framework for regulation of the legal profession to achieve a single national market for legal services. This action seeks to address the highly complex and inconsistent systems of regulation for the legal profession, which were developed under the former Coalition Government’s watch.

A single national online system of personal property securities has also been established to enhance the ability to easily verify asset ownership and interests. Over 70 laws regulating personal property securities in Australia have been replaced by one national law.

We have modernised personal bankruptcy arrangements to give those in financial distress a more realistic opportunity to consider their options, re-organise their affairs and where possible, avoid bankruptcy.

New measures have also been implemented to control Federal legal service expenditure, including:

 Improved transparency, through a mandatory reporting format for legal expenditure.

 Common tender arrangements for agencies seeking to purchase legal services.

 Acceptance of a broader range of firms to work on behalf of the Federal Government.

 Emphasising the use of alternative dispute resolution, rather than courts.

Federal Labor launched Australia’s first International Dispute Resolution Centre and provided national leadership in the area of international arbitration.

Management of Australia’s Territories

Federal Labor has made significant investments in Christmas and Cocos Islands, providing more than $100 million for projects to expand essential infrastructure and services. We have consulted on and introduced laws to increase transparency and accountability in the governance of Norfolk Island, while maintaining the principle of self-Government on the Island. Federal Labor has also provided financial assistance to Norfolk Island for its major industry, tourism. The former Coalition Government did not invest in long term and sustainable growth for Australia’s external territories.

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We continue to work with the ACT Government to progress preparations for the Centenary of Canberra in 2013. We have also discussed reforms to planning arrangements with the ACT Government, which will provide better planning processes, while maintaining the Federal Government’s role. Federal Labor will continue to support the Northern Territory’s preparations for its centenary in 2011 and will work with the Territory to develop its economic base. The former Coalition Government showed no regard for the autonomy and laws of the Australian Capital Territory and the Northern Territory.

Future Challenges

The Gillard Labor Government will continue our strong record in managing the ongoing threat of terrorism to Australia, our national security, and our interests - responding to the changing nature of these threats. We will also be prepared for an increase in the frequency and severity of natural disasters, including through the effects of climate change, and civil unrest overseas displacing people from their homes.

We will continue to help people to resolve their disputes quickly and effectively without resorting to the courts, particularly in the area of family law, and reduce complexity in our laws and legal systems. We will meet the increasing and changing demand for legal services, including Indigenous legal services. Federal Labor will work to address backlogs in the resolution of native title claims, the over-representation of Indigenous Australians in the criminal justice system and community safety in remote Indigenous communities.

We will continue to develop and diversify the economies of our external territories and support their communities to thrive.

Federal Labor will ensure that classification, copyright and telecommunications interception policies respond to new and emerging technologies and the increase in the online environment and digital works.

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What a Gillard Labor Government will do next

A Secure Australia

A re-elected Gillard Labor Government will continue to take all necessary and practical measures to manage threats to national security. We will continue our focus on an all hazards approach to national security.

Building on our Counter Terrorism White Paper, a re-elected Gillard Labor Government will develop the first National Security Capability Plan to ensure all non-defence national security agencies agree on the security risks facing our country, and the capabilities required to respond to those risks in the future.

A re-elected Gillard Labor Government will work towards the development of a National Security Fusion Capability. This will create opportunities to expand and quickly link the information held by border security, law enforcement and intelligence agencies in order to help the fight against organised crime and terrorism.

The Gillard Labor Government will continue to pursue a comprehensive approach to the national security challenges facing our country. We will:

 Use the Counter Terrorism Control Centre in ASIO to bring together expertise from across our security, intelligence and law enforcement agencies, better focusing our counter terrorism efforts.

 Strengthen the protection of our critical infrastructure to ensure availability of essential services in the event of natural disasters or terrorism, including driving a cultural shift towards organisational resilience helping owners of critical infrastructure better respond to and recover from disruptions, regardless of their cause.

 Work with all Australian Governments on new strategies to address chemicals of security concern, including through the COAG Agreement on Australia’s National Arrangements for the Management of Security Risks Associated with Chemicals.

 Continue to build a stronger and more resilient Australian community by implementing measures to resist the development of violent extremism on the home front.

A re-elected Gillard Labor Government will continue to develop a comprehensive response to cyber threats including through working with our allies, becoming a party to the European Convention on Cyber Crime and considering the need for any legislative reform to complement the Cyber Security Operations Centre and CERT Australia.

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In the area of cyber security, the Gillard Labor Government will prioritise our response to cyber threats including cyber security threats and cyber crime. We will:

 Consolidate efforts on cyber security, cyber safety and cyber crime, to increase awareness of online risks.

 Revise and reform our laws to protect the community from online offending.

 Continue to implement the National Identity Security Strategy to help Australians keep their identity secure online.

 Continue to provide information that will enable individuals and businesses to protect themselves from online offending.

A re-elected Gillard Labor Government will continue to provide strong management of our borders. In relation to maritime people smuggling, we will work with our neighbours to stop boats before they leave far away ports. We will wreck the people smuggling trade - removing both the profitability of the trade and the danger of the voyage.

Our approach will include the development of a regional protection framework - including a regional processing centre, continued regional cooperation and tough anti-people smuggling laws. These laws will include a new offence for people smuggling ventures that result in death.

We will invest in the assets required for surveillance and protection of our borders, including a new fleet of eight Cape Class vessels with vastly superior capability compared to the current fleet.

We will implement a Civilian Maritime Capability Plan that will complement planning by the Department of Defence and ensure that our Border Protection agencies have the assets to meet major maritime threats in the future, including illegal foreign fishing and environmental crimes.

We will:

 Continue to work with our regional neighbours and with the United Nations High Commissioner for Refugees (UNHCR) to develop a sustainable Regional Protection Framework to address irregular migration. The Framework will take a comprehensive approach to the management of irregular migration through cooperation with countries of transit, destination and origin, as well as relevant UN agencies and international organisations.

 Enforce increased penalties for people smuggling and introduce a new offence for situations where a people smuggling venture results in death.

 Invest in eight new Cape Class patrol boats and further improve our surveillance capacity and border protection assets, so that we have the assets and infrastructure needed to protect our borders.

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 Effectively implement Australia’s first Strategic Border Management Plan.

 Legislate for a tough new regulatory regime for remittance dealers, including powers to close down remittance dealers that facilitate access to funds for people smuggling ventures and other unlawful activities, such as money laundering.

 Build on our law enforcement partnerships, including working with our regional partners to tackle significant regional crime threats and assisting our regional neighbours to build the capability needed to fight crime and uphold the rule of law.

 We will work with Indonesia, Malaysia and Sri Lanka to secure strong anti-people smuggling laws in those countries.

A re-elected Gillard Labor Government will establish a new Asset Confiscation Taskforce to maximise confiscations. The Taskforce will be led by the AFP and will build on Federal Labor’s Organised Crime Strategic Framework. It will bring relevant agencies together, including the Australian Taxation Office, to enhance the identification of potential asset confiscation matters and strengthen their pursuit.

A re-elected Gillard Labor Government will continue to focus on serious and organised crime threats to Australia. We will also continue to support our agencies in tackling serious gang and criminal network activity. We will:

 Develop a new guide for operational agencies on the best tools available to fight organised crime and focus on targeting new and emerging forms of organised crime.

 Through the ACC, conduct the second biennial Organised Crime Threat Assessment to identify the key organised crime threats and allow Federal agencies to combine their resources and undertake multi-agency operations to respond to those threats.

 Work with the international Quintet of Attorneys-General to coordinate action against organised crime, cyber crime, terrorism and youth violence.

 Continue to support the ACC’s criminal intelligence databases, including criminal intelligence about serious gang activities and members.

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A re-elected Gillard Labor Government will work with all Australian governments, including through the National Disaster Resilience Framework, to create a more disaster resilient Australia. Our approach will involve a holistic response including local planning, mitigation strategies, and improved response capability and recovery coordination.

We will pursue a coordinated approach to emergency management across all jurisdictions, improving their resilience to prepare for, respond to, and recover from, disasters. We will:

 Increase the harmonisation and compatibility between different emergency service organisations across Australia and improve interoperability of planning, training and equipment for emergency management.

 Produce a new nationally consistent framework for data collection on natural disaster risk.

 Continue to pursue the National Action Plan to Reduce Bushfire Arson.

 Continue to provide national leadership to all Australian Governments in the event of significant natural disasters or emergencies.

 Develop a national bushfire awareness campaign and provide national leadership on bushfire research in collaboration with other Australian jurisdictions.

 Ensure that Australia’s emergency management framework is well equipped to deal with the increased threat of natural disasters caused by climate change.

A re-elected Gillard Labor Government will provide an additional $5.25 million to continue the successful community safety program, Safer Suburbs, which provides funding for CCTV, lighting, safety alarms and other similar capital projects.

We will also provide an additional $15 million to continue the Secure Schools program, to provide security measures for schools at risk of racially or religiously motivated crimes such as violence, arson and vandalism. Fifty-four schools received funding in Federal Labor’s first term.

We will also dedicate a significant proportion of the funding from the Proceeds of Crime Act to support crime prevention activities by police and communities, with proceeds expected to be at least $30 million over the next three years.

We will also strengthen import bans on flick knives and other dangerous weapons to prevent them from being brought into Australia.

A re-elected Gillard Labor Government will continue to support federal law enforcement agencies to make our communities safer. We will:

 Recruit an additional 220 police needed to meet our commitment to 500 additional police over five years, with funding of over $200 million to meet this target.

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 Continue to support the AFP to respond flexibly to current and emerging criminal threats.

 Deliver the ‘all-in’ model for airport policing at Australia’s 11 major airports within three to five years, and sooner at some airports, to improve the quality of airport policing. We will also invest $759.4 million for aviation policing programs over four years.

 Provide national leadership on crime prevention issues that face communities throughout the country, including working to prevent violence, anti-social behaviour, vandalism, graffiti and other property crime.

 Implement the best practice policing model for prevention of youth violence, in partnership with the States and Territories.

 Improve our mutual assistance and extradition regimes to ensure Australia does not become a safe haven for criminals and their proceeds of crime in the future.

 Continue to work with State and Territory Governments and police to develop greater consistency and improved approaches to road safety for young people.

In the area of police recruitment and retention, the Gillard Labor Government will:

 Protect industrial entitlements, including guaranteeing that police covered by the Federal Industrial Relations system will never be employed under Australian Workplace Agreements or individual statutory agreements or contracts.

 Work towards a national system of occupational health and safety laws that recognise the unique risks of police work and provide appropriate safeguards.

 Maintain a fair system of workers’ compensation for AFP officers and deliver adequate and equitable compensation for AFP officers serving overseas in high risk missions.

 Renew the AFP’s recruitment and retention strategy in consultation with the Australian Federal Police Association, ensuring that the AFP reflects the diversity of the community and that there are specific strategies to ensure the recruitment and retention of Indigenous Australians. Emphasis will also be given to career opportunities and the retention of long serving officers.

 Work through the Ministerial Council for Police with States and Territories to deliver:

- A national police registration, training and accreditation scheme to facilitate career mobility for police.

- A national police workforce planning strategy.

- A National Police Equipment Advisory Council.

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A Fair Australia

A re-elected Gillard Labor Government will continue to pursue practical change to improve Australia’s federal system of justice and the administration of Australia’s external territories. In addition, we will undertake reforms to remove inequalities and strengthen protections from discrimination and improve opportunities for Indigenous Australians.

Building on our Strategic Framework for Access to Justice, a re-elected Gillard Labor Government will introduce a package of legislative reforms to strengthen the federal civil justice system and ensure access to justice in areas including civil dispute resolution, discovery, suppression and non-publication orders, vexatious litigants and judicial exchange.

Federal Labor will continue to pursue an access to justice agenda and promote an accessible and effective federal civil justice system. We will:

 Continue to work to ensure that all Australians have access to justice as part of our National Partnership Agreement on Legal Assistance, particularly disadvantaged, vulnerable and Indigenous Australians. This work will include the establishment of a new National Legal Assistance Advisory Body, chaired by an independent representative, to help develop national responses to critical challenges affecting the legal assistance sector.

 Encourage a range of alternative dispute resolution options, following the work of the National Alternative Dispute Resolution Advisory Council on its statement of national alternative dispute resolution principles and model dispute management plan for Federal Government agencies.

 Implement a new structure for Australia’s federal courts, including the creation of a specialist Military Court of Australia, to achieve a more integrated and efficient system which will more effectively deliver legal and justice services to both the civilian and defence communities.

 Improve the operation of the administrative law regime, look for opportunities to better integrate administrative tribunals, and develop improved administrative law guidelines for Federal officials.

 Increase dialogue between Attorneys-General in the Asia-Pacific as part of promoting the rule of law and working together to address justice issues. We will implement the Pacific Law and Justice Framework, improving coordination in the delivery of assistance to the law and justice sectors of Pacific Island countries, and continue to promote the rule of law and best practice in our region through the Attorney-General’s International Pro Bono Advisory Group.

 Continue to strengthen Australia’s position as a leader in law and justice issues internationally, including working to end ‘scientific’ whaling through the International Court of Justice.

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A re-elected Gillard Labor Government will strengthen the ability of the family law system to address family violence and protect children. We will promote the early resolution of family disputes, including through encouraging alternatives to court based resolution in Family Relationship Centres.

The Gillard Labor Government will continue to pursue changes to ensure our family law system remains strong and effective. We will:

 Consider any necessary legislative amendments to improve the family law system’s handling of violence cases arising from the ‘Evaluation of the 2006 Family Law Reforms,’ conducted by the Australian Institute of Family Studies, the ‘Family Courts Violence Review,’ conducted by Professor Richard Chisholm AM and the ‘Improving responses to family violence in the family law system’ report conducted by the Family Law Council.

 Enhance family dispute resolution in a number of ways, including extending the requirement to participate in family dispute resolution to property and spousal maintenance matters and giving families more options to resolve their disputes by allowing them to participate in mediation, conciliation or arbitration.

 As part of our new structure for Australia’s federal courts, finalise the single Family Court to provide a one stop shop for family law litigation and ensure that people can access assistance when they need it.

 Consider any necessary action following the conclusion of the Australian Law Reform Commission’s reference into family violence, focusing on the interaction of Federal and State laws regarding domestic violence and sexual assault, and on how a range of Federal laws support victims of family violence.

 Continue implementing the National Plan to Reduce Violence Against Women and their Children.

A re-elected Gillard Labor Government will provide $3 million over the forward estimates to the Australian Human Rights Commission to create a stand alone Age Discrimination Commissioner as a dedicated advocate for people, including older Australians, who experience age discrimination. The Commissioner will be a dedicated advocate in the community and engage with stakeholders, including industry and community representatives, to tackle discrimination in our workplaces and our community, promote respect and fairness and build a more inclusive Australia.

We will also explore opportunities to ensure that other areas of systemic discrimination, such as disability and race, have their own dedicated advocate.

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A re-elected Gillard Labor Government will continue to focus on measures that promote a fair and inclusive society. We will:

 Implement Australia’s Human Rights Framework to promote and protect human rights, including enhanced parliamentary scrutiny of human rights, harmonising all anti-discrimination laws and providing a suite of education programs.

 As part of the project to harmonise Australia’s anti-discrimination laws, we will examine gaps in our laws, the effectiveness of remedies, and work to reduce the regulatory burden for business.

 Work to become a party to the Optional Protocol to the Convention against Torture, which Australia signed in 2009.

 Engage with United Nations international human rights bodies, including through Australia’s participation in the Universal Periodic Review process before the Human Rights Committee in 2011.

A re-elected Gillard Labor Government will implement the Council of Australian Governments’ decision to create national regulation of the legal profession in Australia - ensuring ongoing uniformity and a single and independent Australian legal profession, reduced regulatory burdens and enhanced consumer protection.

In the area of micro-economic reform, Federal Labor will work with the States and Territories through the Standing Committee of Attorneys-General, to harmonise and modernise Australia’s laws. We will:

 Reform the rules relating to procurement of Federal legal services, including through more coordinated procurement arrangements and promoting a more efficient and cost effective means for Government procurement of external legal services. As part of this, we will explore options to further increase competition by enabling a broader range of firms to work on behalf of the Federal Government.

 Ensure copyright law can meet the challenges of new technologies and the digital age.

 Ensure our classification system maintains the community’s confidence in light of technological change.

 Develop further strategies to increase people's awareness of how the bankruptcy system works, and how to get early advice.

 Contribute to Australia’s reputation as an international commercial arbitration hub by improving the national framework of international commercial arbitration.

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A re-elected Gillard Labor Government will continue to strengthen community safety for Indigenous Australians and work to improve Australia’s native title system.

Federal Labor will continue to address Indigenous disadvantage and work towards ‘closing the gap’ between Indigenous and non-Indigenous Australians, including in the area of Indigenous justice. We will:

 Strengthen community safety for Indigenous Australians, particularly in relation to policing, coordinated service delivery and alcohol management, together with the States and Territories.

 Support the continued work of the ACC in combating crime through the National Indigenous Intelligence Task Force.

 Continue to work to ensure Australia’s native title system evolves to meet the needs of users, and encourages the effective and efficient resolution of native title claims by shifting the focus from process to outcome.

A re-elected Gillard Labor Government is committed to Territorial autonomy and economic development of the Territories.

A re-elected Gillard Labor Government will continue to support the long term development of Australia’s Territories. We will:

 Continue to ensure that infrastructure and services in the Indian Ocean Territories are adequate, supporting the development of a long term plan that will ensure ongoing economic and environmental sustainability.

 Continue to support local councils in the Indian Ocean Territories including their development of expertise and skills that will contribute to autonomy and long term sustainability.

 Ensure Christmas Island’s unique environment and long term tourism opportunities are maintained through ongoing conservation of the National Parks and better quarantine services.

 Work with the ACT Government to prepare for celebrations of Canberra’s Centenary in 2013, and continue to work towards clarifying respective responsibilities in developing the National Capital, particularly in the area of planning.

 Support the Northern Territory to develop and diversify its economic base, and work to celebrate the centenary of the Northern Territory in 2011.

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 Ensure the standards of living of residents of Norfolk Island are comparable with mainland Australia, without sacrificing the benefits to the community of self-government, and continue to work with the Norfolk Island Government and the local community to improve standards of accountability and transparency within the Government and associated Government enterprises.

 Work to provide all Territories with an optimistic and sustainable future.

Coalition’s approach - taking Australia backwards

Mr Abbott has announced a number of policies relating to Attorney-General’s portfolio areas.

Returning to failed border security policies

Among a suite of failed policies from the past, the Coalition has stated that they will ‘turn back the boats’. Under international law, vessels are entitled to freedom of navigation on the high seas without interference. The Coalition’s policies risk endangering the safety of Border Protection and Defence personnel and putting them in the position that they may also breach international law. For all the Coalition’s tough talk, during the entire period of the former Coalition Government only seven boats were turned back. The former Coalition Government did not turn a boat back after 2003.

While the Coalition has signalled that they plan to make more than $40 billion in budget cuts, and to look for further savings if elected, Mr Abbott has remained silent on whether or not they will abandon the important acquisition of Cape Class vessels. The former Coalition Government failed to invest adequately in border security assets and capability. Mr Abbott has provided nothing new on border security, no new investment in assets and no commitment to replace the Bay Class vessels with the vastly superior Cape Class vessels as planned by Federal Labor.

Mr Abbott’s belated proposal to amend anti-people smuggling laws simply tinkers around the edges of Federal Labor’s strong package of new offences and penalties, which passed the Parliament with his support in May this year.

Federal Labor’s tough new people smuggling offences contain penalties of up to 20 years imprisonment, and mandatory minimum terms of up to eight years. These new laws also give ASIO enhanced powers to investigate people smuggling and other serious border security threats and to collect foreign intelligence about people smugglers and their networks.

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Playing catch up on organised crime

The Coalition has announced projects that they claim will tackle violent gang and knife crime. This is usually the role of State and Territory police, but the Coalition is proposing to move 200 State police to the ACC in Canberra. They have also announced plans to establish a National Violent Gangs Database.

Mr Abbott has re-announced what Federal Labor has been doing for the last three years, but without any more police to deliver it.

He has announced that he is planning to take front line police off the streets of Australian cities and put them behind desks in Canberra. This is a poor outcome for law and order, and a poor outcome for community safety.

In contrast, Federal Labor has already legislated to give police the power to crack down on organised crime, including seizing gang money and breaking up gangs - laws which the Coalition tried to water down.

Federal Labor has already enabled federal law enforcement agencies to work with State and Territory police on developing criminal intelligence and responding to organised crime.

And we have announced a policy which will have a real impact on the number of knives and other weapons that come into our country.

The ACC already has a criminal intelligence database, Australian Criminal Intelligence Database (ACID), which identifies gang members and their associations.

The ACC also already has squads and taskforces focussed on gangs and other serious crime groups.

The Gillard Labor Government has put organised crime on the national agenda and continues to build on our strong record in protecting the community.

If the Coalition is serious about crime, it would have done more about gangs when it was in government. It neglected organised crime despite social and economic costs to the community of around $15 billion per year.

Cutting African Law and Justice Frameworks

Mr Abbott has said he will discontinue Federal Labor’s investment of $12.9 million to strengthen African law and justice frameworks and build capacity related to transnational crime. This funding is for stronger law enforcement that will ultimately protect Australia and its interests.

Randomly plucking this measure out of the air demonstrates the Coalition’s lack of understanding of the importance of international cooperation to meet challenges like international terrorism and transnational crime.

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International terrorist groups have in the past been, and continue to be, active in Africa. For example, al-Shabaab claimed responsibility for the murder of over 70 people as recently as 11 July 2010 in Kampala, Uganda.

It is in Australia’s national interest to work with our partners in Africa to build their capacity to fight terrorism. This measure is aimed at providing technical assistance to our African partners, so for example they can better detect money laundering - a well known source of finance for terrorist groups. It is simply irresponsible to cut international crime cooperation efforts in areas such as money laundering, terrorism, people smuggling and trafficking in persons and cyber crime.

Abandoning Australia’s Human Rights Framework

Mr Abbott has said that he will cut $18.3 million currently dedicated to implement Australia’s Human Rights Framework, including $12 million allocated for human rights education. This proposed cut will jeopardise the important measures contained in the Framework.

It demonstrates once again the Coalition’s disregard for human rights. In its submission to the National Human Rights Consultation Committee, it supported enhanced parliamentary scrutiny, yet this is a key measure in Federal Labor’s Human Rights Framework which Mr Abbott is abandoning.

When the Coalition was in government, Australia went backwards on promoting and protecting human rights. They:

 Failed to introduce legislation to remove discrimination against same sex couples and their children.

 Curtailed the powers of the independent Australian Human Rights Commission by introducing a veto to stop the Commission’s intervention in court proceedings.

 Made it harder for people to make complaints of age discrimination by requiring that the person establish that age discrimination was the dominant reason for discrimination.

 Opposed Australia becoming a party to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women.

 Were against Australia becoming a party to the Optional Protocol to the Convention Against Torture, Inhuman and Other Degrading Treatment.

 Did not support the Declaration on the Rights on Indigenous People at the United Nations.

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Costings Table

During the election campaign, Federal Labor has announced additional funding over the forward estimates of:

 $5.25 million to the Attorney-General’s Department to deliver the extension of our Safer Suburbs program.

 $15 million to the Attorney-General’s Department to deliver the extension of our Secure Schools program.

 $3 million for the Australian Human Rights Commission to deliver a dedicated Age Discrimination Commissioner.

These commitments will be fully offset, consistent with Federal Labor’s commitment to return the Budget to surplus in 2013, three years ahead of schedule.

We will also dedicate a significant proportion of the funding from proceeds of crime to support crime prevention activities by police and communities. In our first term, more than $30 million has been taken from criminals and used to fund law enforcement and community crime prevention programs under the Proceeds of Crime scheme.

In addition, Federal Labor’s key investments in the Attorney-General’s portfolio represent around 11 per cent growth in portfolio funding from around $3.8 billion in 2007-08 to over $4.2 billion in 2010-11 and across the forward estimates.

These investments include:

 $377.1 million for national security measures, including countering violent extremism and establishing the Criminal Intelligence Fusion Centre and CERT Australia.

 $441.2 million for border security measures, including increasing surveillance and response capabilities, and enhancing regional cooperation on law enforcement.

 $497.5 million for law enforcements measures, such as the increase in sworn police officers and for our cyber safety plan.

 $235.2 million for civil justice measures including the single biggest injection in the history of legal assistance programs.

 $104.8 million investing in the long term sustainability of our Territories including services and infrastructure.

The additional announcements made during the campaign build on these measures.