About
Part IIIAAA of the Defence Act 1903 (the Act) was introduced in 2000 to add new provisions to the Act to enable the utilisation of the Australian Defence Force (ADF) in assisting civilian authorities to protect Commonwealth interests and states and territories against domestic violence.
Under section 51ZB of the Defence Act 1903 (the Act), the Minister for Defence must ensure that, at least every 5 years, an independent review of Part IIIAAA of the Act is conducted.
Sophie Callan SC (the Reviewer) has been appointed by the Honourable Richard Marles MP, Deputy Prime Minister and Minister for Defence, to conduct an Independent Review of Part IIIAAA of the Act.
The Reviewer is required to provide a report to the Minister by 20 December 2024, and the Minister must subsequently have the report tabled in both houses of parliament.
Review scope
The purpose of the review is to ensure that Part IIIAAA of the Act is appropriate for the Commonwealth to utilise the ADF to protect the states, territories and Commonwealth interests (onshore and offshore).
The Reviewer is required to examine and, if appropriate identify any issues for further consideration relating to the reform of Part IIIAAA.
Under the Terms of Reference, the Reviewer is required to consider:
- whether the existing Part IIIAAA powers (including the incidental power) support the full range of activities and use of capabilities that the ADF alone possesses and may be required to use to protect the States, self-governing Territories and Commonwealth interests (onshore and offshore), where such activities may be prohibited under other Commonwealth, state and/or territory legislation
- how call out under Part IIIAAA interacts with relevant Commonwealth, state and/or territory legislation
- whether there are appropriate limitations and controls on the use of the existing Part IIIAAA powers
- whether the current oversight, accountability and transparency mechanisms in Part IIIAAA are sufficient
- whether there are any anomalies, errors, inconsistencies or other drafting issues in Part IIIAAA that require amendment.
Independent Review of Part IIIAAA - Terms of Reference (PDF, 88.04 KB)
Consultation
Under the Terms of Reference, the Reviewer is required to consult with Part IIIAAA stakeholders in conducting the Review. Consultations with relevant Commonwealth, state and territory departments and agencies, cross-government initiatives, civil society groups, academics and others have commenced and are ongoing.
Drawing from those initial consultations, an Issues Paper has been prepared that outlines key issues identified to date.
The Reviewer invites submissions with respect to Part IIIAAA of the Act, having regard to the Terms of Reference, including but not limited to the issues outlined in the Issues Paper.
Independent Review of Part IIIAAA - Issues Paper (PDF, 543.9 KB)
Making a submission
By making a submission, the submitter confirms they have reviewed the Privacy Collection Notice at Annexure C to the Issues Paper.
When providing a submission indicate (either in the submission or covering email):
- consent to the submission being quoted or referenced, with attribution, in the final report of the review
- removal of personal identity in the final report (in which case, any quotes will be unattributed)
- if the whole or part of the submission is to be dealt with confidentially.
Submissions are due by 4 pm, Monday 4 November 2024 via email to independent.review@ags.gov.au.
The Reviewer will request consent to the publication of quotations from the submissions in the final report.
The Freedom of Information Act 1982 provides individuals with a legal right to request access to documents held by Australian Government agencies. This includes submissions provided in response to this consultation process.
Collection of personal information
The submission will be treated in accordance with the Privacy Collection Notice at Annexure C to the Issues Paper.
Defence, through its agents, will collect personal information as part of this submission process, including the contact details of submitters (such as name and email) and in the submissions.
Submissions will be handled in accordance with the Privacy Act 1988. Defence will not use or disclose personal information without consent, unless authorised or required by law.
For further information on Defence’s privacy practices, including how to access or correct personal information or make a compliant, refer to the Privacy Policy page.