Ian Campbell (WA, Liberal Party, Minister for the Environment and Heritage) Share this | Hansard source

I hope this answer will cover Senator Bishop’s question. It may fall short in relation to members of the public. If I cannot get that answer while I am on my feet, perhaps I could take the question on notice and ensure that the answer is tabled so that all of the Australians who are tuned to the Parliamentary News Network, and who are absolutely riveted to this debate, will also be able to access it. Of course, we all would hope that these laws are never required to be utilised; that is the reality that we would all hope and pray for.

The answer is that, prior to call-out, the ADF personnel in Australia are subject to the laws within the relevant jurisdiction—which may include a state or territory—Commonwealth law and the Defence Force Discipline Act. Therefore, prior to being called out and force assigned by the CDF to a part IIIAAA tasking operation, they will be subject to state and territory criminal laws. So prior to tasking and prior to the call-out, the existing state, territory, Commonwealth and Defence Force Discipline Act laws apply. Once the ADF personnel are called out and force assigned from CDF to a part IIIAAA tasking or operation, they will be subject to the criminal laws of the Jervis Bay Territory and will no longer be subject to the criminal laws of the relevant state or territory. Of course, that takes us back to the debate we had in relation to torture on the amendment moved by Senator Bartlett.

With respect to the relevant civil laws, a civil action could be brought against an ADF member in relation to actions done in the course of a part IIIAAA call-out. It is normal practice for the Commonwealth to indemnify its officers and members of the ADF where their actions are reasonable and consistent with their duties. Normal state and territory laws apply to members of the public. They are not affected at all by this bill. The existing state, territory and Commonwealth laws that apply to members of the public will not change.