some of the operations such as Operation SPECIAL MINISTER OF STATE Lavender and the recent case of the SENATOR MICHAEL TATE alleged importation of the heroin in the soccer balls, there is an impact which TALKS TO PHILIP CASTLE brings the work of the AFP to the fore. ‘I don’t think we have to accept that crime on the scale we see it has to be with us at all. In fact I chaired the Senate committee which established the leg­ islative framework for the National Crime Authority and I have always believed that criminal activity needs to be combatted in a very strong and cooperative way. This needs to be done in a sophisticated way using all the resources and combined weight of the various law enforcement agencies. In­ sofar as the general structure we devised for the NCA is beginning to work then my hopes have been vindicated. But I think we have to not only target par­ ticular criminals but also to target par­ ticular criminal activities and put resour­ ces into that. ‘I understand that some of the AFP officers and others see the fight as a war. Some might see it as being lost. But in my few weeks coming into this office I have been astounded at the amount of excellent work being done by the AFP, the excellent detective work I see as it crosses my desk. As you know I see every warrant to do with telecommunications interceptions for example and the arrests that flow from that and the excellence of the presentation of evidence which quite often leads to no contest from the ac­ cused. I look at it from a lawyer’s point of view but also from the public’s point of view and the results are coming through. ‘What I want to do is to create a society ‘I believe that with the resources that N the 16th of February the Govern­ and help create a society with other are being brought to bear will enable the ment announced that Senator Mi­ Australians of course where the sort of war to be won. What struck me walking Ochael Tate would be appointed Special values in which I believe in can prosper around at lunchtime at the Barton Five Minister of State with the move of Mr where families and households can make area was the youth of the people there to become the Minister of decisions to live according to their con­ and their enthusiasm and I would hope Immigration and Ethnic Affairs. victions and to do that we have to take that with the experience that they will Senator Tate, 41, was bom in Tas­ away the spectre of criminals which gain in the next few years that you have mania and has completed a Bachelor of presently haunt a lot of households. The there a very able and effective law Laws from the University of , criminals are only too ready to prey on enforcing group, who with sufficient where he later lectured from 1972 to 1978 and devour their young. I hope to be in resource back-up, can use their talents in and was the Dean of the Faculty from the forefront of doing something about a very effective way. 1977 to 1978. He also took a Master of that. ‘The fact is that we are introducing Arts in Theology from Oxford Univer­ ‘No criminal figure will be immune new legislation to disrupt organised sity. He is the president of the from investigation or prosecution. I don’t crime such as the confiscation of assets Parliamentary Christian Fellowship. He believe there are any untouchables in the which is more than a simple arrest and was first elected to the Senate for Tas­ Australian criminal scene anymore. conviction but that we can actually strip mania in 1977 and was re-elected in 1983. Criminal figures and organisations know these people of their assets which will He takes the place in the Ministry now that they are likely to be targetted. It hurt them even more. This also satisfies a vacated by Senator Don Grimes. Until has been shown already in some of the sense within the community that these now, Senator Tate has become well- arrests and charges, but more than that, I people should not profit from their known in Parliament for his work in think it’s the sense of being under nefarious deeds. committees particularly on Con­ surveillance and being in jeopardy that is ‘It’s one thing to jail someone for three stitutional and Legal Affairs. Last month a completely new factor in the Australian years but it’s somewhat empty if at the Senator Tate spoke about his role as the underworld. end of three years they can enjoy the Minister responsible for the Australian ‘Insofar as it is fulfilled I think Aus­ fruits of their crime. Federal Police. tralian society is beginning to see the ‘There are two different elements for AFP in a very good light. Just look at the AFP: there are the responsibilities in

2 Platypus, April 1987 the ACT — community policing and its third party is proper. But judging from ‘It’s essential to have this of course. importance to the ACT can’t be under­ the notification of warrants that pass We won’t win the war against crime stated to provide effective policing — across my desk the police work support­ without this collaboration. I’m sure that and then there is the charter given by ing the applications is very good and I’m is why we are seeing the change that is Government to the AFP by the setting of very pleased that it satisfies the judge. I coming about.’ its priority list. This must remain our think that is very healthy. I mean we guiding light, that is drugs, organised don’t want a crime-free society at the crime and so on. price of no restraints of police powers. I don’t want to be seen to be putting ‘The AFP has a remarkable record of Are you going to become a new factor the concerns of the ACT to one side by integrity. It’s a clean force. We need to against Australia’s major criminals? emphasising the national role of the emphasise this more and get it into the AFP. I live in the community and I live public arena that this is an elite police in Narrabundah and I’m part of a Neigh­ force which so far has not had the taint of bourhood Watch area. In fact I have a corruption even to be dispelled about it. ‘Yes, but I don’t want in answering to little Neighbourhood Watch card dis­ ‘And of course under the Commis­ throw any reflection on my immediate played on the door and on the back sioner, Major General Grey, there is a predecessor Mr Mick Young who did a window. As I understand it those areas good reason for confidence in a force pretty good job in securing resources that have had Neighbourhood Watch for with him in command who demands the particularly for the AFP and in the three twelve months or more have shown a highest levels of propriety. Sometimes it year plan in which we have given an extra remarkable decrease in burglaries with a takes a remarkable Commissioner to $10 million to upgrade the personnel drop of more than 25 per cent. I’m very create such a force. I think with Major resources. I think that is a tribute to the conscious of the good policing practices General Grey you not only have some one fact that certainly Mick Young took the in the ACT where I spend a good portion who can engender a greater deal of AFP’s role very seriously. of my life. I regard that as an important loyalty within the AFP but present a ‘I hope they will find that I’m the part of my portfolio: the policing of the public image of incorruptability and same. I was thrilled to take it over. My ACT’ firmness. I think it is in the leadership history in the Senate has shown that I’m that the results are seen and then in its prepared to stand up and be firm when it image. This new image will penetrate the comes to dealing with the evidence. If the Are you a bit overwhelmed with the general public’s consciousness. evidence is presented to me then I’m extent of the crime problem facing the prepared to take a stand whatever the AFP? political cost. Yes this was shown with Mr Justice Murphy but also with my ‘I haven’t received briefings to such a work on the Parliamentary Committees. depth yet to fully indicate. But I have AFP members would be aware that I said right from the beginning that the chaired many committees which ex­ awareness of possible targets is going to amined the ‘Age tapes’ and then further be one of the frustrations. But priorities allegations against Mr Justice Murphy. I have to be set and I understand that the came to conclusions based on an honest way these are now set by the AFP are the assessment on that which was presented envy of other police forces in Australia by way of evidence to those committees. and even overseas. This is going to I then took the political consequences provide a model for other agencies and which at the time put me in jeopardy of departments in the Commonwealth.’ political oblivion. But clearly the party, at least the Caucus, regarded those ‘When I chaired the Parliamentary qualities as useful in a Minister and I was Does the community support the work Committee into the setting up of the given a guernsey.’ of the AFP? NCA I was constantly told of petty jealousies, protection of turf, self-agran- disements of the various law enforcement ‘It is true that the community is concer­ agencies particularly State-by-State. If I Why the Special Minister of State? ned about the sorts of crime that affect all have become aware of anything over the Australians. There is no doubt that when last four or five weeks it has been the Mr Costigan erupted onto the scene in change that I’ve seen in the degree of Australia with his extremely well-written cooperation and I think genuine friend­ ‘The Prime Minister gives the portfolio and colourful reports he brought in a new ships across the jurisdictions. Such and I think the Prime Minister knew of awareness not only of the scope but of the things as the Staff Police College at my interest in these areas over the years. diabolically clever criminal activities that Manly which I have visited last week, Of course Mick Young was being moved are being engaged in. I think people help play a role in this. I think at that into Immigration and I was slotted in realise that you need an equally clever level there is much evidence of it. I mean here. But it is certainly absolutely com­ and sophisticated police agency to com­ there is competition to get in there to the patible with what I wanted. I’m thrilled. bat it’. various courses and that provides a The adrenalin is flowing and beginning tremendous setting for a network of to stagnate a bit. I could chair a Is the AFP too hamstrung to do this police officers who mutually respect each Parliamentary committee quite easily and with criminals having few controls? other right around Australia. It is also successfully but it wasn’t fulfilling seen at the levels of the various task anymore. Now this has put me in a forces and at the ABCI at all these levels. situation where I’ve got to make real ‘Seeking the proper warrants is necessary There is tremendous collaboration going decisions and not merely recommenda­ and has to be followed. Seeking it from a on. tions.’

Platypus, April 1987 3 Being a very junior minister, will this interest was in lecturing in law which I and I made a special point of visiting affect the way in which the AFP is did at the . I your Northern Command people based treated in the Government’s priorities? returned there after doing my theology in Redfern and some of the senior degree at Oxford University. So I lec­ officers who gave me a pretty good tured and specialised to some extent in description of activities. The range of constitutional and administrative law — policing work is quite extraordinary and ‘I can understand that concern. I have the public law areas. once again I was particularly impressed very ready access to the Prime Minister. ‘If your question is have I stood up in by the training programs of new recruits With good briefings from the Commis­ court and dressed down some police and their use and the way in which they sioner and the department, I have been officers. No, no, far from it. are introduced to their police work. And able to go into the Cabinet room and get of course some operations were described helpful decisions in the face of opposition to me including the alleged soccer ball sometimes. I’ve been quite able to put a importation. It was very good, very good strong case and argue very forcibly for it. indeed, extremely good intelligence ‘The message I would like to get across work, in depth research and excellent to the AFP is that they have someone surveillance work and of course very there who has got the time and wants to timely coordination of the arrests. get around and meet them, who is ‘I then went out to the International interested in retaining their services and Airport, not only to speak to the police keeping their morale up in the AFP. I officers working at the barriers but also don’t want them to burn out and I want the bomb squad which is based there to to stop them from leaving when their gain insights into that aspect of AFP experience is greatly needed. I’m interes­ work. Of course it is quite clear that as ted in them feeling a part of a very far as anti-terrorism is concerned in professional service needed by Govern­ Australia it’s my judgement anyway that ment. The Government needs the AFP it is bombing and assassination attempts to help create an Australia that is worth Do you have any concerns about the rather than siege situations that is the real living in, free of the destructive elements civil liberties aspect of policing? danger and the expertise of that group of organised crime.’ was very evident.’

‘The contest between civil liberties and Are drugs the biggest threat? law enforcement is sometimes over­ stated. For example most of the concerns Why a degree in theology? about handling suspects and the correct way of doing this; their charging and ‘Well, I stay with the charter and drugs arrest is pretty well laid out in common ‘Basically I needed to be liberated from a have to be the major concern, mainly law and the judges rules. I think there is pretty strict upbringing as a Christian because of the absolute horror and dis­ already a body of protective procedures Brothers’ boy in a very close Catholic tress caused when you see young lives there which are supplemented by rules.’ household and I really felt I wanted to ruined by them. I’m familiar with the pursue these great insights into the Kings Cross area having spent time with spiritual life but in a very tolerant the Reverend Ted Noffs whom I know academic atmosphere, not in a seminary, Would you like to see the six-hour rule well and have been a supporter of him for which in turn was of course the alter­ operating in other areas apart from many years. When you see the effects of native for a Catholic boy. And that was Victoria?. drugs, it’s quite horrifying. I have gone exactly what happened. I had the oppor­ [These apply to the AFP when it is around with them on their night patrols tunity to rethink my whole outlook and it operating in Victoria.] occasionally, so I have seen that con­ did lead me ultimately to change my sequence of organised crime and par­ politics because I fell under the spell of ticularly drug trafficking. You feel an Dr Martin Luther King, whose photo anger which requires satisfaction, but ‘I can make the comment of course that hangs above my desk in Hobart and was also of course the moneys generated the AFP operates in accordance with the great Baptist Pastor as you know. He, which allow for the further corruption of whatever rules cover the jurisdiction it by non-violent means, effectively over­ some law enforcement officers which finds itself in and is therefore operating came segregation, or apartheid, which degrades the whole system and society under those very strong constraints applied then in the southern United and brings it all into disrepute.’ wherever they are. In the ACT that isn’t States. That led me to question our the case. Well you know at the moment participation in the Vietnam War and I’m not looking to introduce any hard that it was perhaps unwise. I had some and fast specific time changes. concerns about peoples’ consciences and Will being a qualified lawyer help you in ‘The AFP’s access to taxation records that these were not properly protected. the portfolio? is essential. I’ll be pressing for that in ‘I have a strong personal faith, I’m a regard to serious indictable offences and practising Catholic. I don’t believe in I would see it as essential that the full parading personal piety as a political resources available from Government be garment which a lot of people do, but I ‘Well, you see I never actually practised brought to help either in sheer in­ do think the Christian faith can help put law but I taught law. Basically due to a telligence or help put together what is things in perspective and give you a value very bad car accident from which I still going on or as evidence. While I have system which isn’t dependent on day-to­ limp I didn’t complete my articles so in only been holding the portfolio for a few day policitics which is very important.’ fact I never practised law. So my other weeks now, last week I went to

4 Platypus, April 1987