Chris Hayes (Werriwa, Australian Labor Party) Share this | Hansard source

The Minister for Veterans’ Affairs is at the table and I congratulate him on his appointment as Minister Assisting the Minister for Defence. That has caused me to have a second look at the legislation, because I now know what it is like to be run over by a tank. Actually, I am referring to the minister himself! Earlier this week we had an opportunity to debate the merits of a change to defence legislation that would properly accommodate and establish clear guidelines for the interaction between state and territory police forces and for the involvement of Defence Force personnel in response to events of domestic violence or sudden and extraordinary emergency. That bill sought to clean up a messy and largely unworkable set of rules surrounding the involvement of the ADF in the event of a terrorist attack or other breach of national security on home land. This was an important piece of legislation as it set down guidelines and accountabilities in the event that Defence Force personnel are required to assist and support the activities of either state or territory police in the event of a terrorist attack.

The Defence (Road Transport Legislation Exemption) Bill 2005 is just as important. Once again, we have a bill before us that seeks to set up a known and consistent framework in which the ADF is able to operate. Members familiar with the ADF know that many of the vehicles that are part of the modern Defence Force are not the types of vehicles that appear daily on suburban streets and roads. They are large, heavy vehicles built for military purposes and have the weight and off-road capacity to match that required by modern defence forces.

Despite the best efforts of the Defence Force in the past to comply with as many of the road regulations as they could, the simple fact of the matter is that these vehicles cannot comply with state road rules and regulations. Of itself, the fact that the vehicles do not comply does not seem all that significant. The Defence Act provides for this by granting immunity from road regulations. Historically, the ADF has made efforts to comply as far as possible with the road regulations, but this is starting to prove cumbersome when dealing across six agencies. I understand that dealing with the six states and enforcing the road rules has posed certain problems. The intention of this bill is to remedy those problems and provide clear compliance behaviour that can be observed by the ADF.

The bill provides for and underpins an exemption framework that has been developed in consultation with the states and territories pursuant to the Intergovernmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal Transport. Naturally, this sort of framework covers various matters, including vehicle mass limits, load sizes, warning signals, licensing and fatigue management. These are all important issues when it comes to the effective and safe management and oversight of our road network. The bill establishes a standard national framework of exemption from road transport laws for members of the ADF, Defence reservists and approved members of any foreign armed contingent in respect of any act or omission in connection with a defence related purpose. Such a regime allows for and accommodates the operation of the defence forces without impinging on their operational capacity. In the same way that it was important to have clear guidelines for the ADF’s involvement in response to breaches of national security, it is equally important that the work of the defence forces is not impeded through a regime of strict adherence to state or territory road regulations.

In essence, this is about making sure that the ADF is adequately equipped to carry out its role, whether that be through the provision of equipment or through the development of a set of guidelines to give effect to efficient operations. Adequately equipping the ADF has been topical of late since it was revealed recently that our defence forces may have been kitted out with substandard clothing and equipment. Improperly equipping the ADF has had a direct impact on its operation, and it is important that the mistakes made by the DMO in failing to provide the right equipment to the ADF are not matched by a failure to develop an effective operational framework that accommodates the needs of the defence forces to move their vehicles throughout this country.

The framework that will be established following the passage of this bill is unlikely to repeat such mistakes as the definition of ‘defence related purpose’ contained in the bill is appropriately broad. Under the provisions of the bill, defence related purposes are considered to be activities in which Defence personnel are likely to be engaged, including: defence and security functions; emergency and disaster management or relief; humanitarian and medical assistance; and the provision of support to nationally and internationally significant community activities. The framework is clear, as it is important that it is well understood by all those who will operate within it.

For instance, the framework makes ADF driver licensing compatible with the state system. Where the states or territories require a special licence, the ADF will be required to provide accredited training to a compatible standard. ADF personnel will be required to carry their licence, logbooks and other necessary documentation and produce them on demand. Should a civilian licence be suspended or cancelled, their ADF licence will also be suspended or cancelled automatically.

The framework contains sensible and practical safeguards which not only reflect the importance of having a known and understood operating environment but also recognise the primacy of the states and territories in regulating road use. The bill allows for the maintenance of the ADF’s operational capability and recognises the need to protect the safety of civilian road users. While the bill itself may be relatively short and the detail primarily contained in the framework, this by no means lessens the importance of the development of a national approach to the ADF’s use of our roads. I will be supporting the bill and I encourage all members to do likewise.

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