Tag Archive for: Department of Immigration and Border Protection

What’s next for the Australian Border Force?

The Abbott era ‘mega department’ thinking might be passé, but there are still more than a few bureaucrats and politicians advocating the creation of an Australian department of homeland security.

While Peter Jennings and I have put our arguments for and against such a super-department in terms of need, not a lot has been written about whether it could even work in Australia. The formation of the Australian Border Force (ABF) and the mega Department of Immigration and Border Protection (DIBP) offers some insight into that question.

Despite the often hysterical rhetoric that has described the ABF as a black-shirted paramilitary force, its architect, DIPB Secretary Michael Pezzullo, and builder, ABF Commissioner Roman Quaedvlieg, have plenty to be happy about. Nevertheless, the reform process has a long way to go before completion, and its continued success is still not guaranteed.

On 1 July 2015, DIBP and the Australian Customs and Border Protection Service officially amalgamated into one department. In addition, a new frontline operational enforcement arm—the ABF—was stood up. DIBP has responsibility for policy, regulatory and corporate functions, while the ABF draws together the operational border, investigations, compliance, detention and enforcement functions.

Over the past two years, the ABF executive has managed to bring together workers from two very different departments with distinct organisational cultures—Customs and Immigration—to create a new uniformed and disciplined enforcement agency. It was no easy feat.

Pezzullo and Quaedvlieg have introduced reforms that have delivered higher levels of accountability in the ABF and planted and nurtured the seeds of a new enforcement-focused culture. In two short years they’ve also lifted the force’s base level capability in terms of recruitment, training and physical fitness.

In logistics terms, the ABF has been able to issue its people with new uniforms and guns that are fit for purpose. And it has become adept at rapidly deploying new investigative and intelligence technology.

In operational terms, the success has been equally impressive, especially in illicit drug seizures and counterterrorism.

The ABF has improved the border experience for travellers at our major international airports. For people arriving in or departing from Australia, getting across the border has never been quicker.

From the continued deployment of smart gate kiosks, to new risk management techniques, the work of ABF staff has been increasingly focused on those who seek to break the law or flout our regulations.

The ABF’s Operation Sovereign Borders has managed to dramatically reduce the flow of irregular migrants arriving at Australia by sea. And in doing so it has saved untold lives.

However, along the way there have been mistakes. In October 2015, a poorly worded media release for Operation Fortitude created a furore when it gave rise to the impression that the then brand new ABF had powers to stop and question people on the street.

Embarking on an ambitious amalgamation of diverse workplace cultures has presented many ongoing leadership challenges. Among ABF officers, there has been plenty of resistance to the higher levels of accountability and training, as well as to the sharper enforcement focus. That’s not surprising when you consider that some of those involved in the change have spent a lot of time thinking of themselves as service providers but are now meant to be facilitators and enforcement officers.

The ABF has a lot more reform and change to come if this important national security capability is to reach full maturity. A range of legislative reforms are still required to provide the organisation with all the enforcement powers it needs. While it’s able to deploy its own physical surveillance teams, it cannot by law use less expensive technology options such as tracking devices. Those kinds of legislative inconsistencies need to be resolved.

As part of the consolidation, the ABF and DIBP received much-needed cash injections to fund the change process. The formation of both agencies was meant to generate significant savings. While some efficiencies are being realised, the maturation of the ABF was always going to be a 10-year endeavour. Along the way the modernisation process will result in further demands for new operational and intelligence capabilities. The establishment of the ABF and DIBP was not a set-and-forget policy and two years in it remains a work in progress.

The ABF and DIBP experience offers the architects of any future Australian department of homeland security plenty of lessons. Fundamentally, the changes associated with forming a department of homeland security would, at the very least, require a significant and sustained financial commitment and policy patience. It might take five to 10 years before the full potential of an Australian department of homeland security could be fully realised. While structural and policy changes could be rapidly delivered, one of the biggest challenges would be dismantling existing departmental cultural barriers to closer integration and cooperation.

Australia’s securitised border

Image courtesy of Flickr user Christopher Sessums

Since its formation in 2015, the Department of Immigration and Border Protection, and their operational arm the Australian Border Force have been the subject of significant criticism. A key accusation is that the ABF has somehow militarised the department’s frontline functions. But when you compare the ABF with the border agencies of the other G20 nations, it doesn’t appear to be overly militaristic or ‘out of control’ as suggested by some commentators.

Broad comments about the ‘obsessive militarisation of the immigration department’ don’t do justice to Australia’s border security strategies.

The ABF is a law enforcement agency. And its staff are public servants employed under the Public Service Act 1999; they aren’t police or military. These points are facts, and matters on the public record.

Since the 9/11 attacks, the governments of most Western liberal democracies have sought to improve the security of their borders. Broadly, the aim has been to protect communities from terrorism and transnational serious and organised crime. The focus has been from the border in-wards, meaning that domestic counterterrorism strategies address the assessment and mitigation of the terrorist threat posed by people and commodities entering their sovereign territory at the border. To achieve this, some countries have chosen to militarise their borders, while others have opted for a securitisation approach.

The militarisation of border security is particularly evident in America, where the Department of Homeland Security uses an approach that’s somewhat reminiscent of the walled frontiers of the Cold War. Their enforcement agencies are monolithic, with large numbers of military personnel in support roles. More recently US presidential hopeful Donald Trump has promised a build a great wall on America’s border with Mexico. The US seeks to establish a physical and psychological wall between itself and the world. Over the last six months this strategy has been replicated by some European and Middle Eastern nations.

In contrast, the EU’s Frontex, the UK’s Border Force and Australia’s ABF have chosen a securitisation model.

The securitisation of borders involves more than bringing in bigger or better security measures. It comprises an array of activities focused on facilitation, revenue collection, regulation and control—all related to achieving the seamless movement of people and goods across borders. It also involves identifying and concentrating enforcement activity on border movement that presents a risk to sovereignty, rule of law and national security.

On 1 July 2015, DIBP and the Australian Customs and Border Protection Service officially amalgamated into one department. At the same time, a new frontline operational enforcement arm—the ABF—was stood up. The ABF consolidated operational staff from both agencies into a single organisational and command structure. It was the formation of the ABF that commenced the securitisation of Australia’s borders in earnest.

So what’s the uniform about? Only some members of the ABF wear uniforms; the remainder of the ABF and DIBP’s staff wear normal office attire. Having border agency staff wear a uniform isn’t that unusual: all of the G20 countries’ border agencies wear a uniform of some kind. And globally most enforcement agencies wear a dark blue uniform. Research indicates that the dark blue uniform creates a perception of ‘safety’ amongst the public.

And the guns? Only certain ABF staff are authorised and qualified to carry a pistol. The pistol, amongst other accoutrements such as handcuffs and batons, are only carried by ABF officers for personal protection during high risk activities such as those undertaken by airport counterterrorism units. The Federal Government has an obligation to provide all appropriate means for ABF officers to protect themselves should this be required. Again, this isn’t out of the norm either: the border agencies of 18 G20 nations also have weapons available for their staff members when they undertake high risk operations, and some of those 18 countries have their border staff permanently armed.

The future for our border also looks more securitised than militarised. When I talk to ABF and DIBF senior executives about the Australian border in five years’ time, they describe a system where the average traveller will have little contact with officers: hardly a Kafkaesque future or militarised check point.

Australia’s border security has most definitely gone through a period of securitisation. This perspective is supported by the reality experienced daily by travellers passing through Australia’s international airports. These travellers can expect to see ABF officers in dark blue uniforms sans guns. With the introduction of Smartgates at Australia’s international airports now complete many travellers will have very little contact with ABF officers. This hardly makes for a ‘militarised’ border.

Securing the Australian frontier: an agenda for border security policy

Securing our borders also includes the movement of people and goods.

A nation’s border security is intrinsically linked to its national security. There should be no doubt that perceptions of border security impact upon public confidence in a government’s security strategies; after all, the protection of borders is a fundamental principal of sovereignty.

There’s little surprise then that, in 2014 and 2015, being ‘tough’ on border security has been a hot political topic. Then-Prime Minister Tony Abbott’s February 2015 national security statement revealed that there would be a lower threshold for action where the security of Australia’s borders was concerned. This change highlights the importance of border security to national security and the electorate’s confidence in government.

But getting ‘tough’ on border security is no simple task. It’s a sphere of government activity that’s evolving rapidly. Even the ways in which we’ve traditionally conceptualised borders are challenged by our globalised, connected and interdependent world.

Of course the border remains a physical space, but today, it’s much more than a line on a map defined by geographical coordinates, demarcating where a government’s sovereign power begins and ends. It’s a complex construct that comprises a combination of transnational connections and control measures. They are also elastic, virtual and psychological.

The Australian border has great economic, social and strategic value. The scale of border security transactions already puts immense pressure on the facilitation and intervention capabilities of the Department of Immigration and Border Protection (DIBP) and the Australian Border Force (ABF).

DIBP analysis suggests (PDF) that the volume of transactions at the border will ‘increase markedly’ over the Australian federal budget forward estimates period. Such increases would push the department’s proposed capabilities to their limits.

Among our ever-expanding legitimate flows of goods and people are an increasing array of diverse and complex non-state security threats that move through or manifest at the Australian border, including international terrorism, transnational serious and organised crime, and global health and quarantine challenges.

Added to this is the new challenge of screening passengers leaving Australia with the aim of identifying those who are potentially travelling to fight in foreign conflicts or participate in terrorist activities.

In contrast with traditional national security issues and border management, there’s been far too little public policy dialogue and research on border security. In March 2015 ASPI’s Border Security Program was established to stimulate thinking in this important area through the generation of new ideas and the exploration of policy options.

Today ASPI’s Border Security Program releases its second Special Report Securing the Australian frontier: an agenda for border security policy. The report discusses key border security concepts and emergent policy challenges for Australia.

Effective border security allows for the seamless and legitimate movement of people and goods across Australian borders, which is critical to enhancing trade, travel and migration. The provision of border security involves far more than creating a capability focused solely on keeping our borders secure from potential terrorists, irregular migrants and illicit contraband.

Border security policy deals with a unique operating space, in which extraordinary measures (extraordinary in character, amount, extent or degree) are often needed to provide a sense of security at the same time as creating the sense of normalcy that will allow economic interactions with trade partners to flourish.

With continued increases in people, information, commodities and value streaming across physical and virtual borders, the ability to regulate or control border flows in an absolute sense is declining. And hunting for potential threats, risks and harms at the border has become akin to searching for a needle in a perpetually expanding haystack. This necessitates a paradigm shift from a transactional approach to border security to a risk based model.

The diffuse and adaptive nature of border threats and risks ensures that border security, in an absolute sense, is more of an aspirational goal than an end state. This reality demands further public policy dialogue on what border security means in a practical sense. This dialogue needs to go beyond definitions of border security and border management. At the top of the list of topics is the search for a pragmatic description of what ‘success’ looks like for our border security agencies.

While Australia’s border security efforts have achieved a range of impressive results, the changing operating context, rapidly increasing border movements and tighter fiscal constraints mean that DIBP’s search for border innovations must continue at full steam.

Disrupting the trade in psychoactives

Over the last few days I have found myself reflecting on the policy challenges of disrupting the cross-border trade in new psychoactive substances (NPS), which are manufactured to copy the user experiences of illicit drugs.

NPS is the United Nations Office for Drug Control’s preferred term for substances that may pose a risk to public health but are not scheduled by the 1961 Single Convention on Narcotic Drugs or the 1971 Convention on Psychotropic Substances.

Drugs in this growing family are known by various names including legal highs, herbal highs, research chemicals, analogues and synthetics.

The number of NPS users in Australia is relatively small when compared to amphetamine (MDMA), methylamphetamine (ice), cocaine and heroin. The challenge for the Australian government is that NPS manufactures and importers are gaming the enforcement system: reducing the effectiveness of supply reduction measures at the border.

Like the global methyl-amphetamine market, the majority of NPS originate from the chemical and pharmaceutical industries operating in mainland China.

These substances are also available in other parts of the world. The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) report that they’re monitoring over 450 NPS currently available in Europe. More than half of these have been on the market for less than three years. This is almost double the total number of illicit substances currently controlled under the UN international drug control conventions.

The challenge for the Australian Federal Police and the Australian Border Force is the rapid rate at which these new drugs go on the market.

NPS manufacturers are playing, and winning, a game of cat and mouse with regulatory and enforcement authorities across the globe. As each new NPS, or its precursors, are legislated as controlled substances the manufacturers change the chemical composition. A new (and for the most part legal) drug is created.

To date Australia’s NPS supply reduction strategies have been at best reactive to this fluid drug family.

In July 2013, the NZ government responded to the NPS challenge with the New Zealand Psychoactive Substances Act 2013. This drug legislation, reversed the onus of proof for border and law enforcement officials. In the past a drug had to be listed in the Misuse of Drugs Act 1975 to be considered controlled or illegal in NZ. Now under this legislation every NPS is illegal unless has been approved. At present none have been legalised in NZ.

The legislation strongly supports NZ’s national drug strategy which is based on supply reduction through enforcement. From an Australian border protection perspective legislation of this kind might make the interdiction of NPS substantially easier. While testing of suspected NPS imports would still be required, if a sample is tested and it is found to contain a psychoactive chemical signature, it’s an illicit substance and can been banned

So what is the downside of this approach for Australia? As highlighted by Julian Buchanen this kind of legislation involves a prohibition model rather than harm reduction. Prohibition models often bring with them a range of unintended social harms; including the inevitable growth in organised crime.

Unlike our American friends, Australia’s National Drug Strategy 2010–2015 is not a ‘war on drugs’. While we both share a zero tolerance perspective on drug use, this is where the similarities end.

Australia’s National Drug Strategy is focused on minimising harm through a three-pillared approach: demand, supply and harm reduction.

Despite Julian’s misgivings over the introduction of a legislative prohibition of all NPS it appears to be the only realistic mechanism to provide the ABF with a suitable legal basis to reduce supply. Or rather the only lasting legal mechanism that could put an end to the reactive cat and mouse game.

This kind of legislative response will serve as a stop gap measure in Australia’s counter NPS strategy. To more permanently counter the social harms of NPS our national policy responses should still involve both demand and supply reduction strategies.

ABF’s interdictions and disruption of NPS imports at the border will of course be important to supply reduction. A lasting disruption of the global NPS supply chain will require a much more precise strategy of intervention forward of the Australian border.

The more permanent disruption of the NPS trade is reliant on the cooperation of the Chinese government in regulating its chemical and pharmaceutical industries. Through a coordinated strategy involving the AFP, ABF and the Department of Foreign Affairs and Trade, cooperating with Chinese regulatory agencies, there is a strong possibility that NPS supply can be more permanently disrupted.

A global solution to the Syrian refugee crisis

Over the past few days, it’s become clear that the Australian response to the Syrian refugee crisis is inadequate. In 2014, Australia offered 4,500 spaces within the existing refugee and humanitarian programs. On Sunday, Prime Minister Abbott announced that Australia would take a ‘significant’ number of Syrian refugees on top of this. Yesterday, he added that Syria is ‘an absolute humanitarian catastrophe’ and that ‘there is an unprecedented crisis…We will give people refuge: that is the firm intention of this government.’

But at the same time, it appears that the Coalition hasn’t yet decided on a clear policy, though voices in Cabinet have made suggestions. Assistant Treasurer Josh Frydenberg and Foreign Minister Julie Bishop have advocated for a temporary protection refugee regime akin to the one the Howard government used to respond to the Kosovo refugee crisis in 1999. Meanwhile, Labor Opposition Leader Bill Shorten has pushed for a concrete one-off increase of 10,000 refugee places, while the Greens have advocated for a 20,000 increase.

The refugee problem from Syria is immense. Over four million refugees are now in the countries bordering Syria—Turkey, Lebanon, and Jordan—while there are an estimated 7.6 million internally displaced persons within Syria. As such, while individual countries are accepting more resettled refugees is a welcome change, this won’t solve the crisis.

Nor, solely, can a European response. German Chancellor Angela Merkel has committed to taking in all refugees who apply for asylum in Germany this year, which may see Germany taking up to 800,000 refugees at a cost of up to €3.3 billion. But Germany also wants to see direct EU responsibility for registering and looking after newly arrived refugees in Greece and Italy, as well as creating a common policy on safe countries of origin. Head of the United Nations High Commission for Refugees (UNHCR), Antonio Guterres, has similarly argued that Europe needs to create a mass relocation programme with 200,000 places The EU can’t, he suggests, respond to this crisis ‘with a piecemeal or incremental approach.’ But these plans still require refugees to have first crossed the Mediterranean.

Instead, what’s needed is a comprehensive global approach. Here, Australia can provide real leadership, modelled on the Comprehensive Plan of Action (CPA) which was negotiated in 1989 to respond to the Indochinese boat people. The CPA successfully resettled over 500,000 refugees over a six year period, built around strong regional and international cooperation and regional screening of refugee claims.

To deal with the current crisis, such an approach would require three parts. The first would be to shift the processing of claims away from Europe and towards host countries. Regional processing centres could be established in Turkey and Libya, where most of the European refugee claimants are departing from. The UNHCR has noted that such centres could be legal under international law if they clearly reflect the international legal standards including the 1951 Refugee Convention and the principle of non-refoulement and have formal authorisation from host states. And the UNHCR would be the obvious organisation to run the process. Libya is facing significant insecurity; to ensure the safety of all refugees and migrants, any centre there would need international protection (from peacekeepers, for instance) even with government consent. Alternatively, it could be established in Tunisian territory along the border.

But these centres wouldn’t work without a clear forward path for processed refugees and provisions for safe returns for those denied claims. The target would be to resettle 400,000 refugees—10% of the total—by the end of 2016. This resettlement program could be combined with the regional program EU members are negotiating—which could also be combined with the temporary protection scheme suggested by Bishop and Frydenberg. The EU already has a Temporary Protection Directive created after the war in Kosovo. That Directive allows for refugees to be granted temporary protection in accordance with the Refugees Convention for a period of one year and can be extended. Given the nature of the Syrian war, a longer protection period would be warranted.

Finally, it’s critical that humanitarian assistance to the countries around Syria is also increased. The current UN Syria Regional Refugee Response Appeal is requesting US$4.5 billion but has only received 37% ($2.8 billion) of that total. The World Food Programme (WFP) has cut rations to refugees, can only offer US$13 per month for food to the most vulnerable refugees in Lebanon, and may need to cut all assistance to refugees in Jordan.

A comprehensive approach would give states the option to either commit to refugee resettlement, to funding the humanitarian operation and costs of the centres, or both. Most importantly, those approaches would significantly increase the burden sharing between the refugee hosting countries around Syria and the developed world.

The Allegiance to Australia Bill: necessary and appropriate?

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) is set to report tomorrow on the tricky matter of whether the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 is necessary and appropriate. As the inquiry has heard, the current draft has weaknesses, but with some focused revisions it should prove a valuable addition to Australia’s counterterrorism regime.

In a world where states no longer have a monopoly on the use of force and Australia’s major military operation is against a conglomeration of terrorist actors, not a recognised state, it’s reasonable to consider extending the existing power to revoke citizenship—available where an Australian bears arms for a foreign power in war against Australia—to terrorism.

The Bill proposes automatic loss of citizenship in three cases: where a dual national engages in terrorist conduct, fights for or in the service of a proscribed terrorist organisation, or is convicted of terrorism offences.

Yet, as the Committee has heard, how this might be done is proving problematic.

The arguments against the legislation fall broadly into three categories. First, that loss of citizenship should not occur automatically but instead result from an administrative process and decision by the Minister or judiciary; second, that any loss of citizenship should provide for natural justice through a notification and appeal system; and third, that loss of citizenship should only occur following a terrorism conviction by the courts.

The first two are valid concerns that must be addressed for the legislation to proceed but which shouldn’t sound the Bill’s death knell; but the third criticism is wrong-footed.

There are some issues with automatic loss of citizenship—Commonwealth Ombudsman Colin Neave describes automaticity as ‘legal fiction’—and the Committee will likely find this element of the Bill needs more work.

Of course there will be procedure behind any removal of citizenship, with the Immigration Department pulling together information before any decision is made. This decision should, however, remain with the Minister or their delegate, rather than a judge, as the authority to confer citizenship constitutionally resides with the Executive Government, and this is reflected in existing law concerning loss of citizenship. In the international context, the UK and Canada, which have similar political systems to Australia, rest authority for revocation with a relevant Minister; in May this year Canada revised its legislation to remove any involvement of the judiciary in the decision to revoke citizenship, except in certain complex fraud matters. The key for the Australian Government and the Immigration Department to ensure the revised legislation is supported by a robust process and that this process is explained.

As government agencies work through the mechanics of citizenship revocation, they may also find automatic loss problematic—indeed it might throw forth unintended consequences. There might be legitimate reasons for an Australian national to engage directly with a terrorist group or those supporting terrorism—such as law enforcement involvement in hostage negotiation, or undercover activities—and a mechanism that provides exemption only after the fact, as the current draft legislation proposes, unnecessarily confuses the matter.

The Committee should recommend a sensible way forward on the operation of losing citizenship that identifies clear administrative decision making to support efforts to counter terrorism while avoiding a blanket approach that captures unintended targets.

The second criticism is that the Bill should provide natural justice through an appeal system.

Natural justice is worthy of representation. As resource-intensive as review and appeal mechanisms are, they form an essential element of the balance of power between state and citizen in a democracy.

In seeking to introduce a regime without a review mechanism, Australia would be out of step with comparable countries. The UK and Canada provide for legal appeal and challenge, although both countries were constrained in their ability to do otherwise due to their human rights obligations under domestic legislation. And the experience of those countries has been anything but painless or straightforward, as we saw in the UK cases of Al Jedda and ‘M2’.

Australia may consider choosing another path, such as internal review or independent review, rather than an appeal process, and may succeed in doing so if the operation of this mechanism has sufficient robustness and is clearly explained. There are examples of this working well in other areas of administrative decision making, such as refusing permanent visas on security grounds. Due to the seriousness of citizenship revocation, the PJCIS might recommend a legal appeal process; should this be considered, Australia might draw from the British and Canadian experience and apply pragmatic procedures around notification and appeal for individuals who are physically located overseas while involved in terrorism, such as foreign fighters.

The third issue identified by critics is that loss of citizenship should only result from a terrorism conviction in court.

It’s understandable that submissions from legal groups, in particular, highlight the role of conviction for terrorism offences in relation to citizenship revocation. The Bill includes terrorism convictions as a basis for revocation, but proposes additional grounds as convictions alone aren’t enough.

Unfortunately the greatest chance of a successful terrorism conviction is after a successful attack. Recent disruption of terrorist plots in Sydney and Melbourne have been a success for police, intelligence agencies and the safety and wellbeing of Australians. But the threshold of evidence required for a successful conviction is difficult to achieve without the carnage of an attack. This is demonstrated by the relatively small number of successful charges laid and maintained once these matters go to court. This situation is compounded in cases of dual nationals operating outside Australia—such as foreign fighters in Syria and Iraq. It’s almost impossible to collect reliable information to an evidentiary standard from these conflict zones.

Australia has been dealing with terrorism in its current guise for more than a decade and the challenge will continue for years to come. The test facing democracies like Australia is to utilise the full capabilities of the state to meet the challenge of terrorism. The privilege of citizenship is one instrument to deal with this complex matter. With suitable attention paid to key elements of the legislation, the Allegiance to Australia Bill has the potential to be a useful and appropriate addition to the policy tool kit wielded by Government in its fight against terrorism.

Recutting our perspective of border security

Change of view

Australia’s public policy debate on irregular migration and border security has become bogged down in a polarised ideological war characterised by poisonous politics. This ideological war has done little to innovate border security migration policies and has only portrayed border security strategies, policies and programs in a mono-dimensional way. Arguably, the public debate far too often devolves into the demonisation of the bureaucrats involved in policy implementation.

From the outset, reducing the concept of border security to a discussion of balancing between securing or not securing national borders from irregular migration is overly simplistic. The balancing metaphor in border security suggests that this policy debate involves a zero-sum game, where increased security measures will reduce the risk of negative consequences.

Balancing increased security measures vs decreased threat

In a balancing approach to irregular migration, the wicked problem of border security is reduced to a single dimension. On one side is the free movement of irregular migrants. On the other is a simplified construction of border security as an absolute end-state—the border is secured. But this should prompt questions like ‘what does a secure border look like?’ and ‘is this achievable?’

Free movement of irregular migrants vs fully secured border

In countries like Australia, border transactions are so frequent that every border transaction can’t be checked for compliance. Given the interconnected nature of economies, slowing or cessation of border transactions could well be catastrophic for all concerned.

Border security may be more akin to an aspirational goal rather than an end-state. If it is aspirational in nature, the border security challenge could then be recast into what level of border security risk governments should accept, or alternatively, what risk should be mitigated. The current border security paradigm limits the opportunities for policymakers to develop innovative strategies.

There already appears to be an informal policy in Canberra that irregular maritime arrivals are a much higher border security priority than visa over-stayers. How did we arrive at this policy? Perhaps such assumptions need to be subject to a more rigorous public debate.

The metaphors in public policy dialogues use a flawed conception of the border security system. Some members of the public assume that the ‘border security’ is delivered by a single integrated, agile system. But this simplified construction doesn’t do justice to the policy challenge of integrating large-scale distributed homogenous systems from across departments, sectors and countries into an entity.

In September 2013, following the Australian federal election, the Abbott Government established Operation Sovereign Borders (OSB) to deliver on the election promise to stop irregular maritime arrivals. The ‘zero tolerance’ program involved discouraging irregular migration, offshore disruption of people smuggling ventures, turning back of irregular maritime arrival vessels, and offshore detention and visa processing.

OSB was established as a joint agency task force comprising of three task focussed groups. All of component parts of the OSB policy implementation pre-existed the taskforce arrangements. Rather than addressing the ‘system of systems’ border security challenge, a taskforce approach was used to address the problem but with a traditional hierarchical organisational design.

OSB contributed to ‘stopping the boats’. OSB’s military commander used directive control as a short term solution to the larger problem of how to integrate inter and intra-departmental strategies. I can’t help but think that there are other more permanent solutions to the problem of integrating all of the different processes, systems and strategies involved in delivering Australia’s border security.

Traditional military thinking argues that in defensive operations the system of defence has layers of security measures. In this construct, the attacker is delayed and withered through the various layers. In the OSB case this is seen through disruption work offshore, boat turnarounds at the border, and mandatory detention and returns after the border.

In contrast to the depth approach, the overall level of security can be enhanced beyond the layered effect by the integration of all of the various efforts into a single system. By improving the integration of all of the component strategies, policies and systems a greater degree of border security can be assured.

Border security involves substantially more than building bigger or better security measures. Border security involves an array of activities focussed on facilitation, revenue collection, regulation, control—all related to the seamless movement of people and goods across borders. This policy challenge involves more than the management of a complex system. Rather, border security involves networks of systems that have operational and managerial independence. The systems involved have not been developed as a system but rather have evolved and been integrated over time, which presents additional challenges.

The policy challenge for the Department of Immigration and Border Protection in this ‘system of systems’ environment is linking and integrating the various systems so that the whole is more than its parts. The first step in addressing this challenge could involve focussing on managing risks and creating opportunities as opposed to mandatory detention and boat turn-backs. Through this lens, border security strategists could fine-tune the various systems within the system to achieve integrated strategic outcomes. But implementing such an approach will be no easy task. It will require border security strategists to develop a detailed understanding of the various systems involved but also the way in which they do and don’t interact.

Surface ships and the ‘National Fleet’ concept

ACV Ocean Protector, tied up in Hobart.

This post is a contribution to a series leading to ASPI’s Future Surface Fleet Conference at the end of March.

Sam Bateman’s recent post identified problems with our national commitment to the Antarctic and the Southern Ocean. He was particularly concerned with our lack of seagoing capability for the region and the apparent absence of a coherent approach to Australia’s maritime security requirements. In particular, he emphasised the need for a ‘national fleet’.

The concept of a National Fleet can work at several levels. At its most comprehensive, it means that the capabilities, acquisition, life-cycle management and operations of all national government ships are managed in such a way as to minimise the total costs and allow the most effective use of a country’s shipbuilding and maintenance resources. That’s an inviting ideal, but not one without complications—as the Canadians have discovered. Many of the elements of a National Fleet are so specialised in design and construction that it’s extremely inefficient to produce them in small numbers. Read more