The Committee for Sydney
Global Cities and Counter-Terrorism Forum
2 December 2005
Mr Chairman, thank you for the opportunity to speak to this forum today.
It is pleasing to see senior leaders from such a range of professional, cultural and community organisations grappling with the complex issues of counter-terrorism.
Since 2001 counter-terrorism has no longer been just the domain of intelligence and law enforcement agencies.
A wide range of government agencies at all levels, as well as business and community leaders and the media have had a role in shaping and influencing Australia's response to the issue.
So, what are these challenges and how does ASIO contribute to meeting them?
Everyone in this room is well aware that Australians and Australian interests continue to be a terrorist target and are at threat both here and abroad.
Attacks on two major global cities, New York and London, demonstrate that high-profile attacks in Western countries are attractive to terrorists.
While Sydney, also a global city, would be an attractive terrorist target, attacks in other parts of Australia are also possible and nowhere should be seen as being immune.
Large-scale nightmare scenarios, perhaps involving the use of chemical, biological or radiological material remain a possibility, although most recent incidents have been small-scale suicide attacks in public places.
Yet, even these smaller attacks have a significant disruptive and psychological impact.
Let me remind you that where there has been specific and credible intelligence about potential attacks in the past the Government has acted swiftly to inform the public and to counter these threats.
This will continue.
And, as I have said on a number of occasions, a terrorist attack in Australia is feasible and could occur at any time, including without warning.
Of course terrorist attacks in Bali, Jakarta and Iraq specifically directed against us have resulted in Australian casualties as have attacks directed at others.
Further attacks against Australian interests abroad are likely.
The ongoing challenge we all face is to ensure that we remain vigilant in responding to the threat in ways that are measured, determined and appropriate.
Public discussion about the threat of terrorist attacks in Australia and our response to it has, at times, been intense.
ASIO has not altered its assessment of the terrorist threat to Australia.
And we remain focused on investigating and assessing threats to Australian interests whether directed from, or committed within Australia or not - as required by the ASIO Act.
In the current security environment this means that our focus and reach are, by necessity, global - not just limited to activity within Australia.
To remain effective ASIO must continue to develop and implement innovative ways of dealing with complex intelligence problems to ensure it maintains an intelligence advantage.
For example, investigative techniques that may be effective against structured organisations with generally clear lines of command and control are less useful against secretive individuals and groups operating on their own initiative with no set modus operandi.
As we saw in London, such groups can emerge and operate without coming to the notice of authorities or even the community in which they live.
They can quickly progress to the stage where they can implement an attack.
Identifying and investigating the activities of these groups and interdicting them before they can do harm will remain challenging.
To confront the challenge of terrorism into the future and to maintain an intelligence advantage we also need to refine continually the framework and structures within which we operate. For example:
ASIO's 24x7 operations have expanded to ensure a timely response to an ever increasing intelligence stream;
We have far more cooperative arrangements across government and much greater engagement with the business sector including through the recently established Business Liaison Unit; and
The legislative framework continues to be refined; to name a few.
This work must go on and it will remain important that we:
identify vulnerabilities and gaps in our defences so that the risk of attacks is reduced;
ensure that appropriate preventative measures are put in place and, where necessary, 'target hardening' occurs to deter would-be terrorists; and
intelligence and law enforcement agencies have the flexibility to respond quickly and effectively to threats.
Whether we have the right balance between the powers of intelligence and law enforcement agencies on the one hand and civil liberties and human rights considerations on the other will inevitably be a matter of ongoing and, at times, passionate public debate.
I can assure you that ASIO remains very aware of these issues and is appropriately sensitive to human rights and civil liberties.
And ASIO's policies, procedures and training take account of the impact of our actions on individuals.
At the same time, it is imperative that the powers of Intelligence and Law Enforcement agencies are adequate to deal with the evolving threats and increased capabilities of terrorist groups.
ASIO investigations are conducted in accordance with protocols that require the level of any personal intrusion to be commensurate with the associated threat.
These intrusive methods are necessary against subjects of investigation who are increasingly adept at concealing their activities and intentions.
As a result of our own experience and that of our partners over recent years, and against the background of technological advances it has been necessary to refine the legislation governing ASIO's special powers.
For example, in 2003 the Parliament passed legislation which saw the introduction of questioning and detention powers for ASIO. These powers were intended to be used only as a matter of last resort, and only to obtain intelligence related to terrorism where relying on other methods would be ineffective.
Since they were introduced, the questioning powers have been used against 13 people - all of whom were adults.
The detention powers have not been used because the stringent conditions governing their use have not occurred. These powers can be used (in general terms) only when the subject is considered to be a 'flight risk', is likely to 'tip-off' another person under investigation, or could destroy something relevant to an investigation.
While no 16 or 17 year olds have been the subject of questioning warrants (persons under 16 years cannot be the subject of a warrant), overseas experience shows that 16 and 17 year olds have been involved in terrorist activity, including as suicide bombers.
There are additional constraints and safeguards for young people aged 16 or 17 including that they can only be the subject of a warrant if the Attorney-General and the Issuing Authority are satisfied that the young person will commit, is committing, or has committed a terrorism offence.
If a person aged 16 or 17 is detained he/she must be allowed to contact a parent or guardian, can only be questioned before a prescribed authority in the presence of a parent or guardian, and only for periods of no more than two hours at a time.
While the Anti-terrorism Bill 2005 enhances police powers, it also further refines and updates aspects of ASIO's existing powers in response to changes in technology or recent experience in the practical application of existing powers.
Other aspects provide a legislative basis for ASIO and law enforcement agencies to obtain information from businesses that may assist in progressing terrorism-related investigations.
I can assure you that ASIO officers perform their difficult and demanding work in a professional and sensitive manner. Nonetheless, from time to time ASIO has been accused unjustifiably - of targeting Muslims.
I want to emphasise that those people charged are a small and unrepresentative part of the Australian population, including the Australian Muslim population.
It is their alleged or actual involvement in matters relevant to security, including their alleged or actual planning for terrorist operations, or their facilitation of others to engage in terrorist-related activity, that has drawn ASIO's attention to them.
Where we have identified individuals or groups engaged in such activity our investigations have been tightly focussed, conducted within the law under a rigorous oversight and accountability regime and with due regard to human rights and civil liberties.
Suggestions that ASIO would investigate anyone simply on the basis of religion are misguided and offensive.
ASIO officers rely on assistance from all parts of our community - irrespective of religious beliefs or affiliation - in identifying those elements intent on doing harm.
Such engagement with all elements of the Australian community will continue to be conducted discreetly, with due regard for cultural sensitivities, and in a way that builds community trust and confidence in the integrity of the Organisation.
As with any human endeavour, it is possible that mistakes may happen.
When they do there are mechanisms in place to investigate and resolve matters in a way that is appropriate and fair for all concerned.
So, what does the future hold for ASIO?
You will recall that on 16 October 2005 the Prime Minister and the Attorney-General announced the commitment of additional funds that will see ASIO staff numbers grow to around 1860 by 2010-11 from our current level of around 980.
The quantum of this growth will better equip us to meet the current and expected workload demands and the challenges I have just outlined.
But, like any Organisation, it will be the quality of the people we attract and retain that will determine ASIO's effectiveness to collect intelligence, provide timely and valuable advice to government, and continue to serve the Australian community with distinction.
Our recruitment efforts will be focussed on attracting and retaining staff who are up to this challenge and who:
are broadly reflective of the diversity of Australian society;
will bring high levels of creative and intellectual energy that can be applied in new and innovative ways to meet the current and future challenges;
are mature, tolerant and sensitive, and can communicate with people from a range of cultural and ethnic backgrounds; and
are team players who can contribute in any number of ways to the work of the Organisation.
The rewards of a career with ASIO lie, in part, in the complex intellectual challenge of uncovering the activities of people who operate in a clandestine and deceptive manner, and who are intent on causing harm to people and property.
I am encouraged by the calibre of the people who make up the staff of ASIO and of those who have applied to join ASIO to help build our capabilities and to make an important contribution to our national security effort.
More broadly, I am confident that the way in which we have responded as a nation to the threat of terrorism equips us well for the future.
In particular, the greater levels of cooperation across all levels of government, the private sector and the community in general provide a firm foundation for meeting the terrorist threat with confidence.
Let me leave you with these final thoughts.
The threat of terrorist attack will continue to be with us for some time.
We should not be intimidated by it and, collectively, we need to respond in ways that do not diminish us as a community or as a nation.
The role of ASIO in collecting intelligence and progressing investigations within an appropriate legislative and accountability framework is a necessary and legitimate plank in Australia's broader counter-terrorism arrangements.
Although not fail-safe, appropriate preventative and protective security measures are important and can be effective if they are applied diligently;
Shaping our collective response requires the support of leading and influential figures in the broader Australian community. It is therefore a pleasure and a welcome opportunity for me to be able to address the Committee for Sydney.