Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Hansard source

I move:

That the Senate takes note of the statement.

I thank the Leader of the Government in the Senate for his remarks and associate the opposition with them. The opposition fully shares the government's concerns regarding the threat posed by Daesh to Australia and to Australians. The cooperative bipartisan approach that Labor took to questions of national security in the 44th Parliament will continue in the 45th.

Labor has fully supported the role played by the ADF over the past two years in helping to turn back the Daesh onslaught across Iraq and Syria. But, as many have noted, victory on the battlefield by no means signals the end of the fight. As Daesh forces have been rolled back from the cities and towns, they have increasingly shifted their tactics to continue their fight by other means. As tactics of the terrorists evolve so too must our tactics evolve to continue the fight against them. In this light, the CDF briefed the Leader of the Opposition earlier today on the need to update Australian domestic law to be consistent with international law as to the rules of engagement for our forces. As the Attorney has summarised, domestic law has a narrower definition which has not been updated to respond to such situations, particularly in relation to non-state actors, such as Daesh, which are committed to pursuing warlike terrorist activities. The CDF has highlighted that, whilst under international law forces can strike some support organisations, Australian domestic law potentially leaves members of the ADF open to prosecution as it is an offence for someone to cause the death of one or more persons if those victims are not 'taking an active part in the hostilities'. I note that the CDF has said that rules of engagement designed to minimise the risk of civilian deaths will not be changed.

Labor commends the government for bringing this matter before parliament today. We do believe it is vital that members and senators continue to be able to discuss such matters. In the interests of transparency, it is important to keep the Australian people, whom we represent, fully informed of these vital matters of national security. As has been alluded to, in the last parliament Labor supported—and, indeed, improved and amended—some four rounds of national security legislation, and members from both parties of the committee to which the Leader of the Government in the Senate refers, the Parliamentary Joint Committee on Intelligence and Security, worked together to deliver more than 100 amendments to the original legislation. We would anticipate that any future legislation be also referred to the PJCIS for inquiry and report before any vote on the legislation takes place. The opposition also looks forward to being further briefed by the government on the details of the proposed arrangements.

The loss of many innocent lives has become a horribly familiar story in too many places—from Paris to Nice, to Orlando, to Istanbul and endless cities and towns across Iraq and Afghanistan. The Prime Minister earlier today, in another place, warned that:

It is quite possible that the next mass casualty attack on Australian victims will be somewhere in Southeast Asia, where Daesh propaganda has galvanised existing networks of extremists and attracted new recruits.

I know I speak for all in this place when I express my profound hope that this prediction does not prove true.

One factor in defeating this threat will be our strong bilateral relations in this region, which are our strongest asset as we review and strengthen our capabilities in countering violent extremism. Our bilateral relations with Indonesia serve as an example of this type of cooperation. Both parties of government work very closely with Indonesia on matters of security and counterterrorism. Further afield from the region, Australian foreign policy also addresses security issues in global and multilateral forums. Our term on the UN Security Council was an asset for Australia in making an even greater impact on these issues internationally. Our aid program is also an arm of this effort, not only in terms of countering violent extremism but also in terms of our defence against epidemics, climate change and financial crises, all of which pose threats to our security. In these areas, our aid program helps further and protect Australia's interests.

The recent defeats of Daesh forces in Iraq and Syria have been important steps. But as we have learnt from the terrible toll of the terrorist attacks in the name of Islamic State, these defeats alone will not defeat the threat. As the tactics of the terrorists evolve, they must be met. And, as we meet them, we will never forget what it is we are fighting to defend.