Citizenship And Human Rights In Australia

Introduction

The Australian Police service was started back in the nineteenth Century. There was a Sheriff by the name of Captain Stirling who was appointed in the year 1829. This was due to Swan River Colony's proclamation. He was expected to direct bailiffs, highway surveyors and constables. The sheriff's title is still in existence up to present day but he has very few people under his authority. Most of the duties he used to perform have now been placed under the Police services. However, in certain remote areas of the country, Sheriffs are still responsible for enforcement of law and order; this does not apply to Queensland. (Freckelton, 1991)

The colonial masters imposed a police force amongst the Australians in the year 1834. The force was poorly received because most people thought they were inefficient and that they were performing duties which should be exclusive only to the military. Fifteen years later, an ordinance for the Police was passed and Police responsibilities and powers were laid out. Chain of command and powers of its members was clarified in the year 1861. This was closely followed by the Police Act of 1892. Some elements of this Act are still in force today. (Lewis, 1999)

Criminal Justice System in QLD

During the 1970s and 60s, there were cases of people engaging in demonstrations from all parts of the world. (Australian Law Reform Commission, 1978) Most of these images became quite disturbing when they depicted police conducting themselves in an inappropriate manner. Similarly, within the country, there were some accusations against police with claims that some of them were engaging in corrupt acts. (Wood, 1997) This necessitated a sort of measure to correct these insufficiencies. However, one should not make the assumptions that the entire police force was corrupt at that time. There were a few cases that were tainting the image of the entire force.

One of the major efforts that were directed towards curbing these malpractices was through the formation of the Australian Law Reform Commission. It was formed in the year 1975. The Commission was supposed to deal with the latter mentioned cases as required by Federal Law. However, this commission was replaced by other bodies that were similar in function but different in name due to loss of power by the federal government. In 1982, there was the Police Integrity Commission. The purpose of this group was to ensure that there is equality in the enforcement of law within the country. (Australian Law Reform Commission, 1975)

Currently in Queensland, power has been placed in the hands of the people. In case one feels that there has been some sort of unfair treatment from police, they should not hesitate to lodge complaints against them to advisory bodies such as Anti Corruption Commission. (Henry, 1994)  A person like Ishmael should feel confident when engaging in petitions because the police do not act independently. They are answerable to these crime and misconduct commissions. Most of them have the capabilities of asking incriminating questions to the police. On top of this, it is possible to obtain documents that provide evidence of criminal acts. Besides this, they can make use of witnesses (who are the people who feel that the police service have wronged them in any way)

The police services are also kept on check by what some may consider tough rues.  These are necessary in the maintenance integrity in the department. Such measures are considered a reactive approach to the check of powers of the police and they include;

• alcohol and drug testing of the police
• covert surveillance
• integrity tests
• stings
• use of spies

With all these measures put in place, Ishmael can be rest assured that there are avenues enforced to obtain evidence against any unfair policemen. These features have acted as a deterrent to potential criminal acts by the police. The country can boast of a high level of discipline among members of the force due to these measures. (Fitzgerald, 1989)

Provisions within QLD have been made for a proactive approach. Police are informed about how to deal with suspects and criminals in an appropriate and fair manner. In Queensland, the department falls under the government; their powers and duties in modern day have been spelt out in the Police powers and responsibility Act of 2000. In this act, Police are expected to uphold the rule of law as their first priority. According to the Act, police are supposed to deal with members of the public in a fair and equal manner. They are expected to respect the rights of those who they come into contact with. Even when one is suspected of criminal activity, Queensland Police are required to deal with them in such a way that may not be deemed brutal or forceful. Care should be taken to make sure that the innocent are protected. (Goldsmith, 1991)

Citizenship rights in Australia

Under the constitution, everyone must uphold the rule of law. This means that those who are innocent ought to be protected from any criminal activity. Everyone in Australia has a freedom of speech. The latter applies to any person who my want to participate in petitions against a system or body they feel has not been acting accordingly. Such petitions can be done even when the bodies they are complaining against belong to the government. All Australians have the right to form associations; these may be political in nature or not. The constitution stipulates that no arm of the police force or military will be used to disperse associations by other parties as they are excising their rights. (NSWO, 1998) The constitution also stipulates that no citizen should be subjected to undue harassment or unfair imprisonment. In case accusations have been brought forward against certain persons, it is the responsibility of the police to present that person before the court and a fair trial will be administered. Ishmael should not be worried that he may be imprisoned because the police are well; aware that no one can be locked up without fair trial first. Since taking part in demonstrations is not a criminal act, police will have no case in court. The trial is a preventive measure; consequently no one is arrested unless there is compelling evidence against them in Australia. (Criminal Justice Commission, 1995)

Conclusion

Contrary to many warring countries, Australia is a democratic State. Nowhere is this concept more real than in the Police Department. The criminal justice system is governed by the constitution and Acts such as the Police powers and responsibility Act of 2000 guide them on how to conduct themselves. (Criminal Justice Commission, 1997)This is backed up by investigative commissions that examine evidence made against police. This means that the police do not act independently since they are answerable to other parties. Some reactive measures have also been enforced like integrity tests, alcohol testing and spies. Lastly, citizenship rights are highly respected in Australia and no policeman can accuse another person falsely or imprison someone unfairly without facing the full force of the law. Ishmael should have confidence in the finial justice system of Australia and should not fear engaging in petition and demonstrations.

Reference

Australian Law Reform Commission (1975): Complaints against Police, ALRC; Report No. 1, Sydney

Australian Law Reform Commission (1978): Complaints against Police (Supplementary Report); ALRC Report No. 9, Sydney

Criminal Justice Commission (1995): Civilian Oversight of Police in Australia: A Cross-jurisdictional Study, a journal for the Criminal Justice Commission, Brisbane

Criminal Justice Commission (1997): Integrity in the Queensland Police Service, a report by the Criminal Justice Commission

Fitzgerald, G. (1989): Report of a Commission of Inquiry, Goprint, Brisbane.

Freckelton, I. (1991): Shooting the messenger: The trial and execution of the Victorian Police Complaints Authority, Oxford Press

Goldsmith, A. ed. (1991): Complaints against the Police: The Trend to

External Review, Oxford Press.

Henry, V. (1994): Police corruption: Tradition and evolution: in Un-Peeling tradition: Contemporary Policing, Melbourne Publishers

Lewis, C. (1999): Complaints Against Police: The Politics of Reform, Hawkins,

Sydney.

NSWO (1998): NSW Ombudsman, Annual Report, NSW Ombudsman,

Sydney.

Wood, J. (1997): Royal Commission into the New South Wales Police Service: Final

Report, Government of the State of NSW, Sydney