Operation Fortitude

Stage 1 Legal Studies
Bayden Curnow

Issues Study

The Issue:

Over the last few months, there has been a deal of controversy in the media and general public due to the introduction of a new department, the Australian Border Force, by now former Prime Minister Tony Abbott.The Australian Border Force merges the functionality of the Department of Immigration and Border Protection into one organisation. A number of concerns have arisen about the powers that Border Force possesses, as well as concerns about the militarisation of immigration. These concerns culminated into outrage after the release of details regarding Operation Fortitude, with many drawing comparisons between the Australian Border Force and secret police units from authoritarian
Border Force primarily operates in airports, seaports and detention centres, overseeing border protection operations such as Operation Sovereign Borders. The controversy over the cancelled Operation Fortitude, even though Abbott reassured the public that Border Force would never stop people randomly on the street, illustrates the fear in the general public over the power Border Force possesses. In Operation Fortitude, officers were supposedly going to stop individuals on the street and ask for identification, with the planned operation appearing to show that Border Force officers have the ability to randomly check identification without reasonable suspicion. The department also appears to be militarised to an extent, with officers possessing military style uniforms and firearms. Officers have the power to conduct surveillance and detain individuals. The fact that the Border Force act also allows whistleblowers in detention centres to be prosecuted, causes Border Force to appear to be an extremely powerful department, with any potential offences committed by them going unreported due to the non disclosure
Border Force's creation could potentially lead to increased militarisation of customs and immigration, with officials in these departments gradually appearing less like public servants and more like soldiers. The argument can also be made that militarisation of immigration and customs could also occur in other departments, with government departments progressively appearing more authoritarian. The introduction of the Border Force act, which includes preventing workers at detention centres from disclosing information, has caused concerns about human rights abuses. This legislation has worrying legal implications, as it sets a precedent for allowing government departments to conduct activities without risk of any misconduct committed becoming public