Senate Legal and Constitutional Affairs Legislation Committee [Part 2], , 1:06:00 to 1:16:41
Investigation into the unauthorized maritime arrival at Pennyfather Beach near Weipa and the role of Indigenous rangers in surveillance.
Topics: National security, First Nations
Speakers: Hon Jonathon Duniam, Rear Admiral Brett Sonter, Gavan Reynolds, Amber Shuhyta, Stephanie Foster, Interjection, Speaker 1
>> Have a crack now. Excellent. Thank you very much. And I am very pleased about those incoming passenger cards that had the tiniest boxes that you could never actually write in, at least me with my messy handwriting. I wanted to go to the unauthorized arrival at Weiper if I can of um maritime arrival. So I I just want to get an understanding from ABF about the nature of this arrival like what happened for this to occur. You know it's obviously a failure in you know the nature of a big border I accept but what led to this being the case where 10 I think it was 10 unauthorized arrivals were able to travel from Indonesia arriving at Penny Father Beach in Queensland at 3:00 a.m. on the 30th of
June this year. And Senator, the commander of operation sovereign borders, Rear Admiral Sa will be able to provide that response for you.
>> Hey Senator Rear Admiral Brett son of the commander of joint agency task force operation sovereign borders. What I can confirm as you say uh 10 people uh on or around um as has been quoted they were removed rather rapidly as I'm obliged to do as an official under the migration act and were placed in nera regional processing.
>> Okay. And so when did authorities first become aware of the the presence of these individuals? When they were on Australian soil or on their way to how what time were you advised of their
presence? Uh, Senator, I have to take on notice at an exact time, but what I can say is as soon as we were notified, um, we responded and as I think Minister Burke articulated openly within 24 hours those personnel were removed from
>> and so the the reporting and this is the thing you go off what's available in the public domain and some of that of course was contributions by the minister uh but uh some of the reporting cited these people having been identified by working holiday maker visa holders camping at Penny Father Beach. Um the arrival occurred at 3:00 a.m. but there was no response until 6 hours later. Is that accurate?
>> Uh Senator, I don't think that's accurate. What I can say is, as I've said to this place before, I mean we do uh sometimes operate on uh reports from the media. sorry, reports from the public under Border Watch. >> Um, we got the report, we responded, and as we're obliged to do under law, we remove the personnel to regional processing.
>> Okay. How many reports to Border Watch do you get annually?
>> I'd have to take the number on notice, Senator. Quite a few. I mean, it is, as you know, it is we widely publicize it because I'm a true believer that the community have a role. Um, and so we get reports frequently, not only about this instance that we're talking about, but about a lot of things.
>> Yeah.
>> And as I said before, we utilize indigenous ranges quite widely as well because they know their country best.
Uh look, because I want notice if you could um perhaps over the last let's say three financial years indicate to me um I don't know how you report if it's a monthly statistic or whatever but some indication of the number of uh alerts or contacts you get. I don't you may triage those two because some might be you know um quite harmless in nature. Others might relate to a a vessel. But on the uh ranges, um you say utilize, is there an arrangement with the rangers? Is there a a commercial arrangement or?
>> Uh so we do have a very effective partnership with the indigenous ranges uh including in the tourist strait. Um the exact nature of the partnership differs um across northern Australia.
Um and how does it differ?
>> Uh it differs for for example Senator in the Northern Territory um they deeply appreciate training. So we have provided training for uh the use of small boats. We've provided training with regard to bringing information together. So information fusion. Um so it's that sort of thing. Uh so the nature of the partnership is one where they identify where they need support. We identify we have a capacity to be able to um enable that training or other support for them and that's how we move forward together.
>> And uh given there is training provided is there any sort of what um in kind support for any role they might perform for border force? Uh are they provided with equipment? Um you talk about a range of arrangements. Uh some provided monetary compensation for what they do. What other sort of forms of agreements are there or arrangements?
>> So the upskilling is the um predominant way that we support the uh range of programs across Northern Australia.
>> And is that through a formalized
agreement? Uh we do have agreements with the uh individual range of programs. >> Um and each of those is separate.
>> Okay. How many agreements are there?
>> Uh I'll just see if deputy commissioner Howard can come to the table to see if he has that answer for you.
>> Sure. And as part of this I might ask while the deputy commissioner is coming to the table. Um is there a obviously as you say the knowledge [clears throat] of country is an important element in uh being able to assist in the function that they are performing for you. Is there a not a KPI so much but is there an understanding that part of this is surveillance? Um we're assisting you we're upskilling we're training. We're helping you have these skills. Um are you able to help us with being the eyes on the horizon so to
speak? Well, certainly it's mutually beneficial. So, indigenous Australians really understand the sea country across northern Australia. Uh, and we we have 37,000 kilometers of coastline and that knowledge and just their um awareness of what's going on. Uh, how something has changed, how it's different. So, um, the last thing the people of Northern Australia want, um, is for someone who should not be there to be present on country. >> Um, including the risk of bringing disease, including the risk of pillaging natural resources. It's in no one's interest. So, it is of mutual benefit.
>> Deputy Commissioner, did you have
anything to add? Senator uh Jared How Deputy Commissioner uh strategy and capability. Unfortunately, I do not have the number of the uh formal agreements, so I'll have to take that on notice.
>> Okay. If you could, that would be helpful. So, just back to the Weer unauthorized arrival. Um it was uh as I understand it at the Ken's Magistrates Court heard that one of the two men charged over the incident, Mr. Hal Wang, uh hadn't held a valid Australian visa for at least two years. um and at the time had allegedly become involved in people smuggling. Is that correct? Is that part of your understanding of Mr. Wang?
>> Senator, I don't have the specifics. What I can confirm is the AFP did charge two alleged onshore facilitators that both those matters are still uh before the court. So, it's probably inappropriate that I take any more uh make any more comment.
>> Okay. And well, totally the case. Um, was Mr. Wang known to the department? And it's probably a question for the AFP perhaps, but is that was there any record of someone that any agency related to home affairs >> would have had this individual on their radar?
>> Senator RSB wasn't tracking anything. Um, but it may be a question for the department or
>> I think for the same reasons that um, Admiral Saunter has outlined um we would need to take on notice the provision of any data about people who are subject to ongoing
>> unless MH has no
>> I was only going to further reiterate that we would comment on the visa situation of an individual person regardless of what crime they've been
accused of thoroughly answered question there. Um, okay. Did the department or ABF instigate any kind of formal operational review into any failings that may have occurred in the league in this situation in this vessel arriving etc. Was was there any review undertaken?
>> Yes, senator we always do reviews uh u after nearly every encounter but also just routinely. Um OSB is an intelligenceled riskbased posture. We're always looking at what we know where we need to place things. So a long-winded answer to say yes.
>> Okay. So yes, and just in relation to that though, so I think you said incident based along with routine. >> Yeah. >> And I accept that. I I would be very surprised to hear otherwise um from ABF, but in terms of an incident based review, there was a review specifically into the circumstances around this unauthorized arrival.
>> Yes.
>> And were any recommendations made or changes made or assets deployed or resources reallocated to fill any gaps?
>> Uh yes, there was changes. I wouldn't like to go into what those changes are posture-wise in the open forum because I'm going to give advantage to people
smugglers. Yes, of course. Yeah, we moved them from here to here. Gotcha. Okay, we'll rotate.
>> It's a perfect time to rotate the call. Uh, as uh Senator Barbara PCO is just getting herself ready, I will give the call. >> Rarely do you get such quick >> We're in a time crunch in this committee at this uh at this point in the day. Senator HCO, you've got the call.