Kevin Hogan (Page, National Party, Assistant Minister to the Deputy Prime Minister) Share this | Hansard source

I'd like to thank all members who've contributed to the debate on the Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) Bill 2020. As someone who experienced last year's devastating bushfire season firsthand, I know the importance of the changes outlined in this bill. The critical support provided by Defence Force personnel is something many communities, particularly in my electorate of Page, will never forget. At the peak of the bushfire support, some 6½ thousand personnel provided support to emergency services in five states and territories. More than 8,000 ADF service personnel were involved over the entire operation, and they were joined by nearly 500 personnel from Australia's international defence force partners. Around 3,000 reservists supported the entire operation, about 2½ thousand under compulsory call-out and around 500 providing further support across the nation.

This bill is about making positive changes to defence legislation to enhance the Commonwealth's ability to assist in natural disasters and emergencies of a national scale. As we have moved from the bushfires to managing a global pandemic, it has become clear that our Defence Force is integral to the nation's response. This bill will streamline the process of calling out the reserves for the purpose of responding to natural disasters or emergencies. It ensures defence personnel are provided similar immunities as state and territory emergency services when performing their duties in good faith to support disaster preparedness, recovery and response. And it ensures reservists who serve under a call-out order will receive commensurate superannuation to those who provide the same service on a voluntary basis.

Schedule 1 amends the Defence Act 1903 to streamline the process of providing advice to the Governor-General on a call-out of reserves, including for responding to natural disasters or emergencies. The amendment allows the Governor-General to act on the advice of the Minister for Defence after consultation with the Prime Minister. This enables a more timely and effective defence response to national disasters for a call-out of the reserves. Preserving the power of the Governor-General to call out the ADF reserves ensures decisions of this magnitude are only taken when absolutely warranted by the circumstances.

Additionally, the changes provide the Chief of Defence Force the delegation to determine the nature and period of reserve force provided under a call-out order. This gives the Chief of Defence Force the flexibility required to integrate reservists into the overall defence response.

Schedule 2 amends the Defence Act 1903 to provide immunities to defence personnel supporting disaster preparedness, recovery and response efforts. The immunity provision covers assistance, directed by the Minister for Defence, where the minister is satisfied that: (a) the nature or scale of the natural disaster or other emergency makes it necessary for the benefit of the nation for the Commonwealth, through the use of the ADF's special capabilities or available resources, to provide the assistance, and/or the assistance is necessary for the protection of Commonwealth agencies, Commonwealth personnel or Commonwealth property. This will see our defence personnel being provided with immunity from civil and criminal liability when they are performing their required emergency response duties in good faith, similar to the immunities provided to state and territory emergency services personnel.

Schedule 3 makes amendments to the Military Superannuation and Benefits Act 1991, the Defence Force Superannuation Act 2015 and the Australian Defence Force Cover Act 2015. These changes ensure reservists who provide continuous full-time service under a call-out receive commensurate superannuation and related benefits as reservists who provide the same service on a voluntary basis.

This bill provides greater flexibility for a call-out of the reserves, enables greater consistency in the treatment of our reservists and ensures defence personnel have appropriate legal protections when serving our nation in good faith.

To the men and women in uniform, on behalf of the government and the many communities you have served through the bushfire and pandemic, can I simply say thank you for your service. I commend this bill.

Question agreed to.

Bill read a second time.

Message from the Governor-General recommending appropriation announced.

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