Row over secret deal to give customs officers police powers
More than 20 Australian Border Force officers have been secretly given federal police powers — allowing them to execute search warrants — in a hugely controversial move.
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Exclusive: More than 20 customs officers were secretly given federal police powers — allowing them to execute search warrants — in a hugely controversial move.
A behind-the-scenes stoush has now broken out between the Australian Border Force (ABF) and the Australian Federal Police (AFP), amid claims the 22 new recruits lack experience and training.
It is understood the officers are the first of many more ABF officers earmarked to be appointed as special AFP agents around the country.
News of the secret ceremony leaked as the Department of Home Affairs trumpeted the use of the ABF officers with special police powers to bolster the expansion of yet another multi-agency crime-fighting taskforce.
AFP sources have slammed the move as unnecessary and potentially unlawful, with revelations the ABF officers will have the authority to execute search warrants in response to migration, visa, trade, citizenship and Customs offences.
Law enforcement experts are warning giving special powers to ABF officers could breach of the AFP Act Section 40e, which only allows non-members to be sworn-in to assist the AFP not to act alone.
A statement from The Australian Federal Police Association (AFPA) said they don’t see the operational or legislative need for ABF officers to be sworn-in as special members of the AFP.
“The feeling among our membership is that this is another example of ‘operational creep’ and dilutes the roll and importance of AFP officers …,” the statement said.
“We respectfully call on the AFP Commissioner (Reece Kershaw) to reconsider the merit of swearing-in ABF officers … and ask that the Commissioner looks at the use of the ‘special member’ powers within the AFP Act to make sure it is being used appropriately.”
The Border Force officers were sworn-in after months of tense meetings between Home Affairs, Border Force and AFP representatives. The AFP rank and file were not informed of the move nor was the AFPA.
An AFP spokeswoman said ABF members and State and Territory police have previously been sworn in as AFP special members on taskforces.
The spokeswoman also said “there has been a range of communications in respect of this initative including internal staff messagng on the AFP intranet, comments by the Commission in staff musters an article in the mainstream media, as well as localised staff communication.”
A spokesman for Border Force said the officers were appointed as part of a new pilot program to enhance interoperability and to support joint activities. The spokesman said the AFP will provide strong oversight of the officers and will play a direct role in the training of officers.
News Corp understands the move follows complaints from the ABF that they had issues seizing evidence under existing search warrant powers, and poor support received from the AFP, waiting up to a year for operational support.
But AFP sources hit back saying the assertions were “deliberately misleading” and in some cases “lies”.
They argued delays were due to the ABF wanting to act unlawfully, to undertake warrants without enough evidence, and ABF officers being unable to draft proper paperwork.
AFPA president Alex Caruana told News Corp the secret swearing of the ABF members had bred mistrust, and raised many questions about accountability, safety and professional standards.
“The AFPA has not been briefed on this matter, and it was disappointing to hear of this swearing-in process via our membership and reports in the media,” said Mr Caruana.
“While we have great respect for the AFP Commissioner, we believe that this decision isn’t in the best interest of the AFP…,” he said.
“Again, we see a failure in communicating with the workforce, which has led to mistrust and people questioning the organisation, and their employment status within the AFP.”
Mr Caruana said the AFPA has “significant questions” about this proposal, the band-aid approach of using special members to prop up AFP operations and whether ABF members will operate outside the taskforce.
“Our members’ greatest fear is that their training to become police officers is being diminished by swearing-in and giving policing powers to less experienced ABF members …”
Concerns have cited the Australian National Audit Office in 2017 into the Australian Border Force’s Use of Statutory Powers which found instances of potentially unlawful searches by ABF officers and failure to comply with instructions under the Customs Act and Migration Act.
It found internal controls for mitigating the risk of unlawful or inappropriate use of coercive powers were inadequate and officers were exercising “significant coercive powers” without prerequisite training.
Mr Caruana also questioned what checks will be made when deciding which ABF members will be made special members.
“We know that a small number of members have left the AFP under a cloud and have joined the ABF. Is this their ‘backdoor’ back into the AFP?” he said.
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Originally published as Row over secret deal to give customs officers police powers