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Home Sweet Home (A Critical Historical & Contemporary - - PowerPoint PPT Presentation

Home Sweet Home (A Critical Historical & Contemporary Perspective on the Emergence of the Department of Home Affairs ) Prof John Blaxland @JohnBlaxland1 Home Sweet Home? What Happened and Why? AIC & DHA Background &


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Home Sweet Home

(A Critical Historical & Contemporary Perspective on the Emergence of the Department of Home Affairs) Prof John Blaxland

@JohnBlaxland1

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SLIDE 2

Home Sweet Home?

  • What Happened and Why?
  • AIC & DHA Background &

Structures

  • DHA Concerns &

Opportunities

  • Significance of Reforms to

date

  • Appreciating the checks &

balances in an evolved & refined system

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SLIDE 3

Department of Home Affairs

  • 18 July 2017 PM announced reforms & establishing Dept of Home Affairs
  • DHA officially stood up 20 Dec 2017
  • Refs to previous functions are being progressively updated in 2018
  • BUT confusing double-up with Intel Review Reforms
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SLIDE 4

But How did we get here? & how have things worked so far?

  • Evolving Government

Architecture

  • Depts & Agencies

involved in ‘Home Affairs’

  • Past Reviews & Reform
  • Current Oversight &

Accountability Mechanisms

  • Globalisation & Drivers

for further change

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SLIDE 5

“Home Affairs” Since Federation 1901

  • Dept of Home Affairs (1901–16)

– public works, elections, census, the public service, pensions, and inter-state relations

  • Dept of Home and Territories (1916–1928)
  • Dept of Home Affairs (1928–32)
  • Dept of the Interior (1932–72)
  • Dept of Home Affairs (1977–80)
  • Dept of Home Affairs & Environment (1980–84)
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SLIDE 6

“Immigration” Since 1945

  • Dept of Immigration (1945-1974)
  • Dept of Labour & Immigration (1974-75)
  • Dept of Immigration & Ethnic Affairs (1975-87)
  • Dept of Immigration, Local Government & Ethnic Affairs –

DILGEA (1987-93)

  • Dept of Immigration & Ethnic Affairs (‘93-’96)
  • Dept of Immig & Multicultural Affairs – DIMA (‘96-’01)
  • Dept of Immig & Multicultural & Indigenous Affairs – DIMIA

(2001-06)

  • Dept of Immig & Multicultural Affairs – DIMA (‘06-’07)
  • Dept of Immigration & Citizenship – DIAC (2007-13)
  • Dept of Immigration & Border Protection – DIBP (2013-17)
  • Department of Home Affairs – DHA (2018)
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SLIDE 7

Attorney General 2017

  • Mission: "achieving a

just and secure society“

  • 4 groups:

– Australian Government Solicitor – Civil Justice & Corporate Services – Criminal Justice – National Security & Emergency Management

By Bidgee - Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=7514611

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SLIDE 8

Dept of Human Services

  • Delivers welfare, public

aid, health and other services:

  • Centrelink
  • Medicare
  • Chuld Support
  • etc
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SLIDE 9

Department of Social Services

  • Families & Children
  • Housing Support
  • Seniors
  • Communities &

Vulnerable People

  • Disability & Carers
  • Settlement &

Multicultural Affairs

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SLIDE 10

AIC including DFAT

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SLIDE 11
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SLIDE 12

ROYAL COMMISSION ON ESPIONAGE

PROTECTIVE SECURITY REVIEW ROYAL COMMISSION ON AUSTRALIA’S SECURITY A& INTELLIGENCE AGENCIES

ROYAL COMMISSION ON INTELLIGENCE AND SECURITY

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SLIDE 13

Royal Commission on Espionage

The Commissioners Albert Hall

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SLIDE 14

Legislative consequences

  • ASIO Act 1956
  • Telephonic

Communications (Interception) Act 1960

  • Crimes Act 1960
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SLIDE 15

Royal Commission on Intelligence and Security (RCIS)

Robert Marsden Hope George Brownbill Inquiry into the National Estate 1972-1974

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SLIDE 16

RCIS Report 1976

  • Terms of reference for overall

shape of the intelligence system

  • ‘Australian Intelligence Community’

– fragmented, poorly co-ordinated and

  • rganised.

– agencies lack proper guidance [,] direction and control. – Poor relations with the system of government they should serve. – lacked resources – used lack of funds as alibi

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SLIDE 17

Agencies: “less the creatures of their parent departments and more the servants of government as a whole”

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SLIDE 18

Protective Security Coordination Centre

PSCC established Aug 1976

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SLIDE 19

PSCC Rationale

Tomislav Lesic: Abdul Azzam: with crutches climbing stairs Expelled over terrorist links

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SLIDE 20

Ministerial committee to oversee AIC

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SLIDE 21

ONA Act 1977

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SLIDE 22

Hilton Hotel bombing Feb 1978

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SLIDE 23

Protective Security Review

  • Relationships between:
  • police forces
  • Law enforcement & intelligence agencies
  • Defence force and civil authorities
  • Security arrangements of departments
  • Balance between rights and interests
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SLIDE 24

New legislation

  • ASIO Act 1979
  • Telecommunications (Interception)

Act 1979

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SLIDE 25

The Parliamentary Joint Committee on Intelligence and Security (2001) (previously PJCAAD 1979)

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SLIDE 26

Combe-Ivanov & Sheraton

  • 1983
  • 8 months
  • Media spectacle
  • Obscured terms of reference
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SLIDE 27

Hope’s contribution to Australian Intelligence and security

Robert Marsden Hope 16 reports from 1974-1984

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SLIDE 28
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SLIDE 29

Security Appeals Tribunal & Inspector General 1986

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SLIDE 30
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SLIDE 31

AUSTRALIAN PHILOSOPHY

  • Australia needs its own independent and robust

intelligence assessment and collection capability.

  • Assessment separate from policy formulation.
  • Collection separate from assessment
  • Collection of human and signals intelligence

undertaken by different agencies.

  • ONA - principal assessment agency for foreign

intelligence, with statutory independence.

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SLIDE 32

Post 9-11

  • 2004 Flood Report
  • 2011 Cornall/Black

(IRIC)

  • Aust experience

Contrasts with 9-11 Commission

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SLIDE 33

Intelligence Services Act

29 Sep 2001

  • Legislative basis for ASIS & ASD (vice executive order)
  • Increased powers to collection agencies (ASIO, ASIS

& DSD)

  • Establishment of PJCIS (vice PJCAAD)
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SLIDE 34

Philip Flood 2004

  • East Timor?
  • War in Iraq DIO v ONA?
  • WMD?
  • Political Interference?

(Benign assessment due to transformative work under Hope)

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SLIDE 35

Robert Cornall Rufus Black

Independent Review of the Intelligence Community (IRIC) 2011

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SLIDE 37
  • NB. FICC now the National Intelligence Coordination Committee (NICC)

National Security Advisor (NSA) Anti- Terrorism Coordinator Independent National Security Legislation Monitor (INSLM)

The Australian Intelligence Community

HIAM

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SLIDE 38

Post 9/11 Broadening National Intelligence & Security Community

  • Aust Federal Police (AFP)
  • Dept of Immigration & Border

Protection (DIBP)

  • Aust Border Force (ABF)
  • Aust Criminal Intelligence

Commission (ACIC)

  • Aust Transaction Reports &

Analysis Centre (AUSTRAC)

  • Dept of Health
  • Dept of Infrastructure &

Regional Development

  • Attorney-General’s Dept
  • Dept of Defence
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SLIDE 39

Pre DHA Announcement

  • utrider components
  • AFP
  • DIBP
  • ABF
  • ACIC
  • AUSTRAC
  • Dept of Health
  • Transport Security
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SLIDE 40

Australian Federal Police

  • CRIME, TERRORISM, CVE
  • Investigates national terrorist
  • ffences
  • provides overseas liaison
  • Provides protective services and
  • Performs a state policing function

in the ACT.

  • The AFP Protective Service

provides

– physical protection services for foreign embassies and government facilities, and – counter-terrorism first response at major airports

  • https://www.afp.gov.au/
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SLIDE 41

Department of Immigration and Border Protection

  • Maintained the

Movement Alert List

  • Enforced Australia’s visa

regime.

  • Engaged in international

data-accessing initiatives aimed at preventing the movement of terrorists or terrorist groups

  • Responsible for border

control

  • http://www.border.gov.au/
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SLIDE 42

Australian Border Force

  • BORDER SECURITY
  • Provides security for Australia's
  • ffshore maritime areas
  • Combines resources/expertise of

– Australian Customs Service & – Department of Defence

  • Works with officers from

– Australian Fisheries Management Authority, – Australian Quarantine and Inspection Service, – Australian, state and territory agencies,

  • Delivers ‘a coordinated national

approach to Australia's offshore maritime security’.

  • http://www.border.gov.au/
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SLIDE 43

Australian Criminal Intelligence Commission

  • CRIME INTELLIGENCE
  • Australia’s national criminal

intelligence agency

  • Equipped with investigative,

research and information delivery functions.

  • Works closely with a range of

partner organisations to strengthen the ability to respond to crime affecting Australia.

  • https://www.acic.gov.au/
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SLIDE 44

Australian Transaction Reports and Analysis Centre

  • FINANCIAL SECURITY & INTEL
  • Australia's financial intelligence

agency with regulatory responsibility for

– anti-money laundering and – counter-terrorism financing.

  • Identifies threats and criminal abuse
  • f the financial system, and
  • act to protect Australia's economy.
  • Work in partnership with industry

and government agencies in Australia and overseas to

– help keep Australia safe from financial and other serious crime – build and maintain trust in Australia's financial system as part of the global community

  • http://www.austrac.gov.au/
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SLIDE 45

Department of Health

  • HEALTH SECURITY
  • Lead a whole-of-

government approach to strengthening Australia’s readiness for

– disease threats, – national health emergencies and – large scale health incidents

  • http://www.health.gov.au/
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SLIDE 46

Department of Infrastructure and Regional Development

  • TRANSPORT SECURITY

& INTELLIGENCE

  • Regulated the security
  • f airports, airlines, sea

ports and other transport

  • Worked with state and

territory authorities

  • https://infrastructure.gov.au/
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SLIDE 47

Attorney-General’s Department

  • COORDINATION
  • national security

arrangements

  • crisis management

arrangements

  • legislative advice
  • https://www.ag.gov.au/Pages/default.aspx
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SLIDE 48
  • AIC
  • NIC
  • NSC
  • (NSCC)

National Security Community

State and Commonwealth Government agencies who contribute to national security

National Intelligence Community (NIC)

PM&C DFAT AGD CUSTOMS BPS DIAC AFP ACC Defence

Australian Intelligence Community (AIC)

ONA DIO ASD AGO ASIS ASIO

INTELLIGENCE BEYOND THE AIC

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SLIDE 49

Review of Australia’s CT Machinery (I)

(Post Martin place & Melbourne Attack 2014)

  • “The Commonwealth has

strong, well-coordinated counter-terrorism (CT)

  • arrangements. Overall,

these have been quite successful”

  • “A restructure or reshuffle
  • f national security

agencies is not the answer. But more must be done to strengthen cross-agency coordination and

  • leadership. “

https://www.pmc.gov.au/sites/default/files/publications/190215_CT_Review_0.pdf

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SLIDE 50

Review of Australia’s CT Machinery (I)

(Post Martin place & Melbourne Attack 2014)

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SLIDE 51

Review of Australia’s CT Machinery

(Post Martin place & Melbourne Attack 2014)

Recommendations:

  • Dev new CT strategy
  • Boost CVE activities
  • AG focus on community

& public-private partnerships

  • Boost ASIO, ASIS, AFP,

ONA, IGIS

https://www.pmc.gov.au/sites/default/files/publications/190215_CT_Review_0.pdf

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SLIDE 52
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SLIDE 53

June 2017 IIR: Key Recommendations

1. Creation of ONI: – sensible and graduated move to subsume ONA and provide a greater central mechanism for the national coordination of intelligence affairs – New name is more clearly recognisable as the peak intelligence body 2. Establishment of a joint intelligence capability management function 3. ASD established as a statutory body within DoD –on par with the heads of ASIO and ASIS 4. Australian Cyber Security Centre bolstered 5. IGIS remit expanded: – to cover agencies not previously counted (6 to 10 ) – an important step to render the newer intelligence

  • rganisations subject to oversight by the IGIS.

6. PJCIS slightly expanded, operationally oriented role – to request briefings and initiate inquiries.

  • Overall, the recommendations are sound.
  • The review is well considered, timely & reasonable.
  • L’Estrange, Merchant and Lobban deserve to be

congratulated

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SLIDE 54

Department of Home Affairs

  • 18 July 2017 PM announced reforms & establishing Dept of Home Affairs
  • DHA officially stood up 20 Dec 2017
  • Refs to previous functions are being progressively updated in 2018
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SLIDE 55

Department of Home Affairs

  • A central policy agency,

coordinating strategy & policy leadership for

– national & transport security, – federal law enforcement, – criminal justice, – cyber security, – border, immigration, – multicultural affairs, – emergency management – trade related functions

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SLIDE 56

Department of Home Affairs

DHA includes functions from :

  • DIBP

– Immigration & Customs – Aust Border Force

  • AGD

– national security, – emergency management – criminal justice

  • DIRD- Dept of Infrastructure & Regional

Dev

– the Office of Transport Security

  • DSS - Dept of Social Services

– Multicultural affairs

  • DPM&C

– CT Coord – Cyber security policy

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SLIDE 57

Sec Department of Home Affairs

DepSec Policy

Immigration & Citizenship Traveler, Customs & industry National Security & law Enforcement International

DepSec Intel & Capability

Intelligence ICT/CIO Major Capability Identity & Biometrics

DepSec Visa & Citizenship

Visa & Citizenship Management Refugee & Humanitarian Visa mngt Community Protection Visa Delivery Transformation

DepSec Home Affairs Programs

Office of Transport Security Emergency Management Australia Critical Infrastructure Centre

DepSec National CT Coord

Centre for CT Coordination

DepSec Corporate

Corporate FAS People FAS Fin/CFO FAS Legal Detention Svcs Children, Community & Settlement Svcs Health Svcs & Policy DepSec Exec (strategy, implementation & audit, CVE Centre) DepSec National Cyber Coord

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SLIDE 58

Mike Peuzzulo’s rationale

  • Globalization’s dark side

(hacking, terror, crime etc) drives need for greater efficiency to enhance effectiveness

  • Immigration shared

responsibility with Educ & Trg, Social Svcs, Treasury

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SLIDE 59

Sec Department of Home Affairs

DepSec Policy

Immigration & Citizenship Traveler, Customs & industry National Security & law Enforcement International

DepSec Intel & Capability

Intelligence ICT/CIO Major Capability Identity & Biometrics

DepSec Visa & Citizenship

Visa & Citizenship Management Refugee & Humanitarian Visa mngt Community Protection Visa Delivery Transformation

DepSec Home Affairs Programs

Office of Transport Security Emergency Management Australia Critical Infrastructure Centre

DepSec National CT Coord

Centre for CT Coordination

DepSec Corporate

Corporate FAS People FAS Fin/CFO FAS Legal Detention Svcs Children, Community & Settlement Svcs Health Svcs & Policy DepSec Exec (strategy, implementation & audit, CVE Centre) DepSec National Cyber Coord

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SLIDE 60

DHA

  • PM&C
  • DHA
  • AGD
  • NSCC
  • SCNS
  • IGIS
  • PJCIS
  • DEPT OF DEFENCE
  • HIAM
  • INSLM
  • WARRANTS

UNTANGLING LINES OF REPORTING & RESPONSIBILITIES

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SLIDE 61

DHA Concerns & Opportunities

Concerns

  • Unprecedented peacetime aggregation
  • f power in one department
  • Emerged w/o clear & robust

justification

  • Rivals the Dept of Defence in scope &

reach

  • Reduces contestability of advice to govt
  • Narrows reliance for ‘home affairs’

advice on a single portal to NSCC

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SLIDE 62

DHA Concerns & Opportunities

Concerns

  • Challenges long-established practices &

procedures for inter-agency coordination (Hope Reviews/IRIC/IR17)

  • Complicates implementation of 2017 Intel

Review (which doesn’t mention DHA)

  • Blurs reporting and responsibility for

agencies with AGD (ASIO/AFP)

  • AGD left with responsibility to authorize but

not implement warrants

  • ‘Immigration’ lost as a titular point of focus
  • PR & operational risks in concentration of

responsibilities in one Minister & Secretary

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SLIDE 63

DHA Concerns & Opportunities

IGIS Concerns (Margaret Stone):

  • "The independence of this office is its most important asset“
  • "To add another minister - particularly one authorising aspects of an agency's

activities which are a key part of our scrutiny - is to play into not only substantive compromise of our independence but also perceived“

  • "To my mind actual and perceived independence are equally important."
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SLIDE 64

DHA Concerns & Opportunities

Opportunities

  • Recognises risks to Australia

arising from greater global interconnectedness

  • Facilitates greater coordination
  • f border & ‘home’ (or national)

security issues

– AUSTRAC/ACIC/AFP/ASIO

  • Streamlines financial

arrangements for ‘home affairs’

  • perational priorities
  • Makes border protection

function more centrally controlled

  • Enhances AFP/ABF collaboration

& functional streamlining

  • Facilitates efficiencies of scale
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SLIDE 65

DHA Concerns & Opportunities

Concerns

  • Unprecedented peacetime aggregation of power

in one department

  • Emerged w/o clear & robust justification
  • Rivals the Dept of Defence in scope & reach
  • Reduces contestability of advice to govt
  • Narrows reliance for ‘home affairs’ advice on a

single portal to NSCC

  • Challenges long-established practices &

procedures for inter-agency coordination (Hope Reviews/IRIC/IR17)

  • Complicates implementation of 2017 Intel Review

(which doesn’t mention DHA)

  • Blurs reporting and responsibility for agencies

with AGD (ASIO/AFP)

  • AGD left with responsibility to authorize but not

implement warrants

  • ‘Immigration’ lost as a titular point of focus
  • PR & operational risks in concentration of

responsibilities in one Minister & Secretary

  • IGIS independence challenged

Opportunities

  • Recognises risks to Australia

arising from greater global interconnectedness

  • Facilitates greater coordination
  • f border & ‘home’ (or national)

security issues

– AUSTRAC/ACIC/AFP/ASIO

  • Streamlines financial

arrangements for ‘home affairs’

  • perational priorities
  • Makes border protection

function more centrally controlled

  • Enhances AFP/ABF collaboration

& functional streamlining

  • Facilitates efficiencies of scale
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SLIDE 66

Key Concerns with DHA changes

  • The system was working, building on decades of

incremental, time-tested reforms

  • No public document or report advocated this DHA

model

  • Trial & error reforms ‘on the run’ is risky
  • Unnecessary potential points of failure generated

by ambiguous & overlapping relationships between AGD/DHA/DPM&C/IGIS etc

  • Power unduly concentrated
  • Major Reforms Should Emerge from Major

Reviews (like Hope’s reviews)

  • Rationale Must be Better Explained
  • Absent such rationale, we should hasten slowly
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SLIDE 67

Home Sweet Home?

  • What Happened and Why?
  • AIC & DHA Background &

Structures

  • DHA Concerns &

Opportunities

  • Significance of Reforms to

date

  • Appreciating the checks &

balances in an evolved & refined system

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SLIDE 68

Home Sweet Home

(A Critical Historical & Contemporary Perspective on the Emergence of the Department of Home Affairs) Prof John Blaxland

@JohnBlaxland1