Defence

Feature

New domestic powers for ADF

By Katherine Power

Members of the Tactical Assault Group (East) (TAG(E)) keep a watchful eye on the city of Melbourne from Blackhawk helicopters during Exercise Mercury 2005. Melbourne will be in the spotlight again during the forthcoming Commonwealth Games.
Photo by SGT Michelle Lucraft

Legislation enhancing the ADF's ability to provide domestic security support to civil authorities has been introduced into Federal Parliament.

The amendments to Part IIIAAA of the Defence Act 1903 will also provide additional powers and protections for ADF personnel responding to an incident beyond the capacity of civil authorities to resolve.

"The legislation addresses a wide range of potential tasks that could be faced by both Permanent and Reserve Forces during periods of heightened alert - such as the 2006 Commonwealth Games," the then Minister for Defence, Senator Robert Hill, said in December.

"The legislation will give the ADF the necessary statutory legal authority to use reasonable force during domestic security operations and extend these powers to aviation and maritime security and the protection of critical infrastructure."

Broadly, the amendments will permit the utilisation of the ADF to protect States and self-governing Territories against domestic violence and to protect Commonwealth interests. The amendments clarify accountabilities, facilitate the effective use of ADF capabilities and ensure that there are adequate legal protections for ADF personnel when conducting domestic security operations.

The changes reflect recommendations made by Mr Tony Blunn, the then MAJGEN John Baker and Mr John Johnson in a Statutory Review of Part IIIAAA, with additional amendments to give effect to Government initiatives to improve the responsiveness of the ADF to domestic security incidents.

According to Senator Hill, current call-out provisions for domestic security operations are complex, and too rigid to allow the ADF to respond quickly to a terrorist incident in circumstances where there is limited or no notice.

"The current legislation is designed primarily to resolve siege and hostage situations where the location of a threat is known and there is sufficient warning time to establish the requirement for a call-out.

"However, it is currently not suitable for the wide range of potential threats in the current " threat environment, such as a mobile terrorist incident or a major event."

The current legislation also fails to reflect the requirements of recent initiatives such as the Joint Offshore Protection Command or the potential range of tasks faced by both the Permanent and Reserve forces in periods of heightened alert.

The amendments of Part IIIAAA also address the lack of statutory legal authority to use reasonable and necessary force in ADF operations involving aviation and maritime security and the protection of designated critical infrastructure.

Introducing the bill into Federal Parliament, Senator Helen Coonan noted: "The amended Bill does not constitute a change to the fundamental principles underlying Part IIIAAA. I would like to emphasise that while the current threat environment is likely to remain dynamic, the use of the ADF in domestic security operations remains one of last resort.

"Equally, the primacy of the State and Territory authorities and retention of the military chain of command are central to this bill."

Specifically, the amendments are designed to:

• remove restrictions on the use of the Reserves in operations in support of domestic security;
• ensure that the ADF's powers under Part IIIAAA can be applied to a mobile terrorist threat and a range of threats to Australia's security;
• provide expedited call-out arrangements in the case of a rapidly developing threat;
• enable call-out of the ADF to conduct operations against air threats; and
• enable call-out of the ADF to respond to incidents or threats in the offshore areas.

Under the changes, the ADF would only be called out as a last resort, would only be able to use reasonable and necessary force and would remain subject to the law and accountable for their actions.

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