he Body Snatchers – Peace Oicers and the Peace Oicers Act 1925 By Superintendent Jason Byrnes, AFP Operations Coordination Centre

Few episodes in the history of and decorated former soldierb to whom interstate trade and transport. Feeling federal policing in are as socialism (and its links to Bolshevism)c threatened by what it regarded as a controversial as the circumstances posed a threat to national security. serious bolshevist threat, the Bruce surrounding the passing of the Peace Indeed, the protection of national security Government acted with “ardent fervour”h Oicers Act 1925. was one of Bruce’s three key priorities by deregistering the union. In 1925 d the Government also amended the he Peace Oicers legislation was created as Prime Minister, the other two being Immigration Act to enable the deportation in haste during an intense political crisis modernising the nation’s economy of foreign-born people who threatened when the NSW Government hindered the and improving Commonwealth / State e the peace, order or good governance of Commonwealth Government’s attempts relations. the Commonwealth. his action targeted to deport radical trade unionists. Due he political and ideological struggles Sydney-based Walsh and Johnson, as to the rushed nature of the legislation of post-war Australia were never more both had been born overseas.i he two however, the Commonwealth found present and intense than at the nation’s were ordered before a specially convened that after the political crisis had ports. he debate over balancing Deportation Tribunal. he Commonwealth passed its newly recruited ‘Peace employees’ and employers’ rights, was initially thwarted by NSW Labor Oicers’ were without a clearly deined couched within the paradigm of the mandate or function. his article looks Premier Jack Lang, who refused to allow left/right ideological debate, had created j at the circumstances surrounding the his police to be involved in what he seemingly intractable conlict between introduction of the Peace Oicers Act thought to be “one of the most iniquitous the union movement, ship owners and the 1925 and how it formed a statutory basis measures ever passed in any country, Government. for the Commonwealth’s involvement in and I will irmly refuse to permit state law enforcement for almost 35 years. he Seamen’s Union of Australia initiated instrumentalities to be abused for the and responded to a series of provocations purpose of deporting political or industrial he circumstances leading to the passing in respect of employment conditions and leaders.”k of the Act were driven by the ideological the outsourcing of jobs to foreign workers. conlicts that then dominated Australian Lang’s stance meant that the Bruce Leading the union’s eforts were well- politics. he country had emerged from Government had a national security law it known activists Tom Walsh and Jacob as a nation deeply divided could not enforce. Under intense media Johnson. Walsh had a long history of on a range of social and economic and public scrutiny the Prime Minister had activism and in 1920 he had been (along issues. he Australian Labor Party for to take action against the men he believed f example had been crippled by a split in with his activist wife Adela Pankhurst ) to be extremists.l he Peace Oicers 1916 over the issue of conscription; the a founding member of the Australian Bill 1925 was rushed into the Federal g remaining Labor parliamentarians owed Communist Party. Both men were thorns Parliament in Melbourne within hours of their positions to an increasingly radical in the side of the Government. NSW Premier Lang writing that he would union movement that was pushing for the To Prime Minister Bruce and his Cabinet, not help the Commonwealth. socialisation of the entire economy.a the maritime strikes challenged the very he three page Peace Oicers Billm On the opposite side of Parliament and ability of the nation to function. he enabled the appointment of ‘Peace occupying the Government benches was 1920s was an era before highways Oicers’ who would have “all such a broad coalition of liberals, conservatives and commercial lights. Australia was powers, privileges and immunities and be and former moderate Labor men, led by totally dependent on shipping for all liable to all such duties and responsibilities Prime Minister . international trade and passenger as are conferred or imposed upon ... any Mr Bruce was a wealthy businessman movements and for the majority of Constable ... by or under any law of the

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Commonwealth ... (or) common law ...”.n Bill, will very soon pass away, together exclusively on protecting the nation he Bill enabled the Attorney-General with the Government responsible for it”. against strikes and ‘foreign agitators’. to appoint as many Peace Oicers (and Tasmanian Labor member David O’Keefe Despite the Government’s strong law- Special Peace Oicers) as he saw it, with even argued that potential Peace Oicer and-order election campaign, it did not the oicers required to swear allegiance recruits lacked “manliness”, and future again seek to deport the two unionists. to the King and to conduct their duties Labor Prime Minister James Scullin Consequently the 19 men who then “without favour or afection, malice or laconically commented that “one would constituted the Commonwealth’s “Peace ill-will”. he impersonation of a Peace think from the inspired articles in the Force”q found themselves without a Oicer was made a criminal ofence, as press, that a civil war was pending ...”. clearly deined role. Neither the Act nor was resigning from the organisation with Frank Brennan, member for the Victorian the Government (when arguing for the less than three months notice.o seat of Batman, infused his vehement legislation) had been clear as to the role Parliament debated the Bill over the criticism with a sardonic twist: “We are of Peace Oicers beyond process serving weekend of 28 and 29 August 1925. considering the passing of new legislation in the deportation dispute. It had been Prime Minister Bruce argued that the Bill to enable body-snatching to proceed argued that the oicers would have was not about the two unionists per-se, as a regular Commonwealth business a “unique” but vague function. Such rather it was about the breakdown in ... No doubt some men will become assertions were attacked by Labor as Commonwealth and State relations members of this new police force, not as being a cover for union smashing. So the - a situation that should give all Federal investigators, but as peace oicers clad in Government put the Peace Oicers to Parliamentarians “deep cause for thought”. white raiment, with wands in their hands work investigating breaches of federal tax Bruce also insisted that irrespective of the and halos around their heads, crying and electoral laws, examining applications argument over the merits of deporting ‘blessed be peace!’” for old-age pensions, and undertaking Walsh and Johnson, Premier Lang’s process serving for the Solicitor-General.r he legislation was ultimately passed refusal to provide police was a failure to along party lines and the Peace Oicers Beyond the short-term politics of the adhere to the Constitution’s “fundamental Act received Royal assent on situation, the real signiicance of the principle” that States should enforce 2 September 1925. Within hours, hastily Act was that it gave an unprecedented Commonwealth laws when required. recruited Peace Oicers located the statutory basis for the policing of his argument did not wash with the activists Johnson and Walsh and brought Commonwealth crime.s One person opposition, which was enraged by them before the tribunal. he tribunal who fully understood this was Major what it regarded as a repressive move ordered deportation and the two men Harold Edward Jones, the Director of the against the union movement. Labor were remanded in custody at Sydney’s Commonwealth’s Investigation Branch (an Member for Kalgoorlie, Albert Green MP, Garden Island naval base pending appeal. internal security unit that had been quietly lamented that the new body would be a In December 1925 however, the full formed within the Attorney-General’s “wonderfully patriotic service ... designed bench of the High Court ruled in favour Department in 1919). While the Branch’s for the smashing of trade unionism”. of the unionists, and they were then free primary focus was the monitoring Other parliamentarians used parody to to remain in the country.p he Prime of politically subversive elements, underline their concerns. Deputy Labor Minister’s disappointment at the decision it also conducted sensitive criminal Leader Arthur Blakeley attacked the “panic would have been cushioned by the fact investigations even though its members legislation”, dryly opining “I have no doubt that a month earlier, his Government had no formal police powers. his lack of that the Gilbertian police force that will be had been re-elected with an increased power was addressed soon after Jones constituted by the more-or-less Gilbertian majority after campaigning almost was given the added responsibility of

Platypus Magazine | Edition 99, July 2008 29 Superintending Peace Oicer on 13 April 1926. he swearing in of Branch investigators as ‘specials’ would prove very useful in subsequent years.

Although he had initially been given authority to substantially increase the number of peace oicers, Major Jones rationalised the Peace Force itself. Some men were relocated from Sydney to other states to join Investigations Branch members, one sailed to to replace a NSW Police oicer and one retired. In September 1927, the majority of the remaining members, ten Peace Oicers in total, were relocated Above: Peace Oicers Jon O’Neil, Ron Charity and Ivor Williams, being sworn in as to Canberra and reassigned to form the Commonwealth Police Oicers when the Commonwealth Police was established in 1960. Federal Capital Territory Police.t To all munitions factory in Maribyrnong security presence at a range of critical intents and purposes, the Peace Force had Victoria, Labor Prime Minister James infrastructure sites including munitions ceased to exist. Scullin sought Major Jones’ advice on factories, wharves, aerodromes, post Nonetheless, the statutory powers under how to protect Commonwealth interests oices, telephone exchanges and even the Act, particularly the special Peace in the future. Jones’ advice was agreed repatriation hospitals. he demand for Oicer powers, continued to be used and to and on 26 April 1935 the Defence services away from munitions factories conferred on a number of investigators Establishments Guard (DEG) commenced was such that on 5 May 1942, the DEG in various Commonwealth departments. duties, its members having been sworn was formally abolished and replaced While this was a generally satisfactory in under the Peace Oicers Act. To by the Peace Oicer Guard (POG). By situation given the Commonwealth’s assuage State police concerns about mid-1945, the POG had 1,745 men then limited and somewhat reluctant role the creation of a new police force, DEG and women deployed across Australia - a in policing, it did leave the Government members were instructed that they had growth of almost thirty-fold in less than exposed in 1932 when there was the been “appointed for the protection of the six years. Rapid expansion did not come real possibility of armed conlict with the property of the Commonwealth and the easily though. Personnel were diicult to NSW Government. Because of a series of lives of the employees working in such come by, while training and good facilities disagreements over inancial policies, the establishments”.v he oicers’ jurisdiction were almost impossible to source. A NSW Government had refused to pass on was to cease at the perimeters of their major review in 1945 found that despite taxes to the Commonwealth and instead assigned factories and they were not to best eforts, the organisation had been put the money under armed police “interfere with the functions or duties of “ill-equipped ... to cushion and absorb guard. Responding to this outrage, the the state police.”w Members were issued the stresses and strains of such a rapid then Prime Minister Joe Lyons examined with a uniform, wore a ‘Commonwealth expansion”.x options to forcefully seize the monies. He Peace Oicer’ badge on their caps and After war’s end, although much reduced would have been concerned to ind that went armed when on duty. From an from its mid-1945 peak, the POG there were as few as two dozen special initial number of 33 men located in a few continued to provide guarding services Peace Oicers available throughout factories in Victoria and NSW, the number with a staing level generally above Australia. his number was quickly raised rose to 76 men by 1939, and to 484 pre-war DEG numbers. In the Cold to around 200u and fortunately violence (plus 200 specials around Australia) by War era a national protective security/ was avoided when Premier Lang was December 1940. guarding capability was considered dismissed by the NSW State Governor. he impact of World War II is what essential, particularly at sensitive military In the mid-1930s the story of the validated and consolidated the sites. Despite this need the POG’s Act takes an interesting turn, with the Commonwealth’s protective security organisational efectiveness was hindered creation of a uniformed security force role, which is a function that the AFP by a byzantine command structure. Senior under the auspices of a federal Labor continues to perform to this day. With the oicers were appointed to the role on an government. In the wake of a strike outbreak of the war, the Commonwealth ex-oicio basis, not because of pertinent by civilian watchmen at a government looked to Major Jones to provide a skills but because of their primary duties

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Above: Peace Oicer dog handlers at passing out parade in Canberra with Alsatian guard dogs, c.1956. In the centre is POG Sergeant C Alcock, the chief instructor. Top right: Peace Oicer Charlie Basset on duty at Edinburgh RAAF Base, South Australia, unknown date. During World War II most Oicers were issued only one uniform and were required to work 13 days each fortnight. as senior members of the Commonwealth Police Act 1957.z anu.edu.au/biogs/A070460b.htm Investigation Service (CIS), the successor f Daughter of prominent British suffragette Emmeline Pankhurst. For 35 years the Peace Oicers Act g Both subsequently became disillusioned with the party and left. to the Commonwealth Investigations served as the sole legislative provision for h Keith Bryett, Arch Harrison and John Shaw, The role and functions of the Branch. the Commonwealth’s presence in civilian police in Australia, Butterworths, 1994, p.112. he resulting sense of drift was only law enforcement. Without a doubt, i Walsh had been born in Ireland, Jacobson in Holland. j Lang also refused to allow NSW State Judges to be seconded to the halted after was appointed political expediency and ideological Tribunal. The Commonwealth was forced to second Judges from other, to head both agencies in 1953. dogma drove the Act’s creation in 1925. more supportive, states.

Whitrod became a tireless advocate hese inluences were not conducive to k Commonwealth Hansard, 28 August 1925. for a national police force that would creating a successful long-term national l Ibid combine the roles of the POG and the policing body. However, the Act’s m In comparison, today’s AFP Act is over 200 pages in length. CIS, and that could subsequently expand simplicity and vagueness outlasted the n Peace Oicers Bill 1925. o Penalties were £50 or three months imprisonment.p The High its capabilities into a range of areas politics of 1925, and for many years Court ruled that because Walsh’s arrival in 1893 predated Federation, the such as intelligence, training, forensic provided a robust mechanism that 1901 Act did not apply. Jacobson had emigrated in 1910, was naturalised and terrorism investigations. Whitrod supported the Commonwealth’s almost in 1913 and had raised a family in Australia. The High Court ruled that his introduced a number of innovations such wary expansion into the policing, security length of stay and level of integration into the Australian community were as the creation of a protection capability and guarding ields. More than 80 persuasive arguments, as were issues about the fairness of retrospect for dignitaries and the acquisition of guard years later, many of the tasks and duties legislation. For the full ruling see Re Yates; Ex parte Walsh [1925] HCA 53; (1925) 37 CLR 36 (18 December 1925). dogs. He encouraged POG involvement undertaken by the early generations of q In a memorandum to the Solicitor General from Jones, dated 6 July in payroll and deportee escort duties and Peace Oicers are still performed today by 1926, the recorded strength of the Peace Force, which was located solely even issued special peace oicer powers AFP personnel in a range of diplomatic, in NSW, was an Acting District Superintendent, an Inspector and 17 peace to privately recruited patrolmen who security and defence establishments, and oficers (all men). were tasked to maintain law and order major airports, across Australia. r David Crawford, Purpose Expanded: An outline of Commonwealth at the remote construction camps run Policing 1911 – 1987, AFP, p.10. (Endnotes) by the Snowy Mountains Hydro-Electric s The Commonwealth Police Force (1917 – 1919) had been created by a a A resolution was passed by the All-Australian Trades Union Congress in y wartime regulation, a government proclamation not requiring parliamentary Authority. 1921 that industry and the production, distribution and exchange of goods approval and which ceased to have effect six months after the end of should be socialised. The Federal Labor Party formally adopted a similar he Commonwealth Government hostilities. position the following year. eventually recognised the value of t The men joined Sergeant Cook, a former NSW Police Oficer. The Force b Born in Melbourne, Bruce attended Cambridge for his tertiary education Whitrod’s arguments and in 1960 the was the forerunner to the ACT Police. and volunteered to serve in the British Army in 1914, earning a British u Gerald Stone, 1932, Pan MacMillan Australia, 2005, p.206. POG and CIS were dissolved and replaced Military Cross and French Croix de Guerre avec Palme for his actions in the v Australian Archives, A472(A472/6), W72 Part 2. by a new body - the Commonwealth Gallipoli campaign. w Ibid. Police. Peace Oicers became c At this time Communist Russia was actively promoting Bolshevism x Australian Archives, 367 (A367/4), C14000/144 internationally.d The concept of ‘national security’ was within the context Commonwealth Police Oicers. With the y Ray Whitrod, Before I Sleep: Memoirs of a Modern Police Commissioner, of Australia’s place within the British Empire. Like most of his generation, new organisation came more staf, better University of Queensland Press, 2001. Bruce regarded himself as much British as Australian. training, extra responsibilities and new z For reasons unknown, it was almost three years between when the Act legislation – the Commonwealth e Australian Dictionary of Biography, Online Edition, http://www.adb.online. was passed in 1957 to when it came into effect.

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