RAN Force Protection

CMDR Jason Hunter - Master AttendantLCDR Stewart Bankier – Staff Officer Force Protection27 Feb 09

RAN FORCE PROTECTION

• Fleet Responsibilities

• Authorities and References

• Lessons Learnt

• Major Exercise Considerations

FLEET RESPONSIBILITIES

Ensure the Fleet is at the appropriate FP State and capability commensurate to the Threat

- Overseas (MEAO) and Australia- Liaison with all Agencies- AUSFLTOPS Websites- Coord FB FP Capability- Monitor Naval Port Security- Support STG, CSO(W),

SYSCOM and TAMW

Assess Force Protection Implementation Plans (FPIP’s)

RELEVANT REFERENCES AND AUTHORITIES

International Maritime Organisation- IMO

International Ship and Port Facility Security - ISPS

Maritime Transport and Offshore Facilities Act – MTOFSA

Warship Security Plans

Port Integrated Vulnerability Assessments - PIVA’s (USN)

DIPCLEAR and Defence Approval

DSA Security Assessment

RECENT LESSONS LEARNT

RAN V Foreign Warships – Priority of Protection

Response by Local Security

Security at Civilian Port

Security at Naval Port

Threat Assessments

ADDITIONAL CONSIDERATIONS AND REQUIREMENTS

Exercise Talisman Sabre 09 – different approach?

Recognition of FP Controlling Authority The ThreatEarly Consideration and Coordination for FP requestsCommunications Plan (COMPLAN)FP Coordination Unit Recognition of differing SOP’s

MTOFSA & RAN FP

Ports and Defence

The primary purpose of Australian ports is to facilitate and enhance trade and operate on a commercial basis.

In order to fulfil its role of defending Australia, Defence needs access to Australian ports for fuelling, victualling, embarking or disembarking troops, equipment and munitions, conducting maintenance and repairs and to provide crew rest.

Ports and Defence - Benefits

Routine Defence access to ports delivers an enhanced working relationship with port authorities, which may facilitate operations during disaster relief

Provides other assistance to the civil community through engagement initiatives i.e. ship open days, assistance to charity organisations.

Provides economic benefits to local communities surrounding ports.

Guiding Principles

Defence and Ports Australia have agreed to a strategic level approach to the relationships between Defence, ports and the owners or operators of individual ports, to ensure that Defence requirements are met where possible. The last agreement was signed on 16 July 2007

Whilst not a legally binding document, it provides a basis for mutual understanding and development of individual agreements where necessary.

Defence Undertaking in relation to Security

Work with Ports to ensure that RAN Force Protection Measures can be readily implemented at each level of threat as required.

Ensure Navy Port Service Managers participate in Port Security, Emergency Response Plan and Port User Group Committees. Navy’s emergency plans should look to complement local port, state and national plans.

Defence Undertaking in relation to Security

Discuss Port operational matters and security posture with Harbour Masters, prior to ship visits, to ensure Navy Force Protection Measures are consistent with security measures in place in the port.

Provide early advice to ports of any proposed community engagement activity and work with Harbour Masters to meet security and safety requirements.

Ports Undertaking in relation to Security

Work with Defence to ensure that Port obligations complement the separate nature of RAN Force Protection Measures.

Encourage Navy Port Service Managers to provide advice to Port Security, Emergency Response, and Port User Group Committees and to better understand each Port's legislative and community obligations.

Ports Undertaking in relation to Security

Advise the Port's security level, including general and berth specific activity at the time of individual ship visits, to assist Navy in determining the force protection level to adopt.

Work with Defence to achieve community engagement initiatives, such as Ship Open Days, through safe and secure community access to Defence vessels.

Maritime Security Identification Card (MISC)

ADF Personnel are Exempt from carrying a MISC – however, must display their service Identity Card.

Visitors to RAN ships, including official receptions and open days, are exempt from carrying a MISC when escorted by an ADF member

Carriage of Weapons

There is no restriction against ADF personnel carrying weapons in a restricted port area in respect of their duties.

Section 123(1), Defence Act

Controlled Access Zones

Under MTOFSA Ship Security Zones (SSZ) may be established around (at and below the water level) a security regulated ship while in port or near an offshore facility.

As MTOFSA does not apply to any ship operated by Australia or a foreign state, for military, customs or law enforcement purposes, SSZ’s do not apply to the RAN.

Controlled Access Zones (CAZ)

No Commonwealth legislative basis exists for CAZ’s around RAN vessels

Only in New South Wales, the Management of Waters and Waterside Land Regulations – NSW provides that:

- a person, whether or not conveyed on a vessel, must not, in navigable waters, be any closer than:

- 200 metres from the bow and 60 metres from the sides and stern of a naval vessel that is underway; or

- 60 metres from a vessel that is moored, anchored or berthed.

Self Defence

A warship CO may act in unit self defence to protect his or her vessel, provided there is an ‘instant and overwhelming necessity for self defence …’.

In considering the “necessity”, those actions may only be undertaken in response to a hostile act or demonstration of a hostile intent.

Pursuit, capture and arrest of unauthorised persons onboard a naval vessel

Rights depend on location and authorisation of ADF member

ADF members generally have no further rights than ordinary ‘Citizens Arrest’ under relevant state or territory legislation

ADF personnel only rely on citizen’s arrest in exceptional circumstances, where there is a clear threat to the life or safety of a person and police assistance cannot be obtained in time.

General powers to search and detain

All ADF members have implicit right to search on ADF premises.

- ADF makes it a Condition of Entry to a defence establishment or ship that one must consent to such search through signage

- If no consent, person(s) are denied entry- Intruders can be searched for weapons if

suspicion of such weapons

Assistance from state or federal police is sought in all other instances where personal search is required (i.e. suspected stolen goods)

Pursuit, capture and arrest of unauthorised persons

Naval waters –The Superintendent of Naval Waters has powers to remove a vessel which had contravened a notice of a restriction or prohibition of entry under the Control of Naval Waters Act 1918, Regulation 4.

NOTE: ADF members do NOT have a general power to pursue, capture or arrest unauthorised vessels in Naval waters. Rely on police

Conclusion

The RAN has concerns that legislation within the various States and Territories does not provide sufficient legal powers to support Navy’s FP capabilities, requirements, and operations inside Australia in a post-9/11 environment.

A robust Navy FP policy has been developed to provide CO’s and FP personnel with the legal guidance required to undertake their duties

RAN FORCE PROTECTION

QUESTIONS ?