Linda Reynolds (WA, Liberal Party, Assistant Minister for Home Affairs) Share this | Hansard source

It's not actually a yes or no answer, but, in relation to the issue of civil disobedience, it is very clear. The definition of domestic violence has not changed in this legislation and it certainly hasn't changed in terms of our understanding under the constitutional definition. It requires violence. It requires extreme violence. You might be shaking your head, Senate McKim; however, as I have said a couple of times already, in this context, it is clear we are not talking about incidents of violence which the police have well in hand. The incident must be of such gravity and magnitude to warrant calling out the ADF. Again, the definition of domestic violence hasn't changed. But in this legislation we are saying there has to be a request from the state or territory police force.

It might be of assistance to Senator McKim, in light of his questions, if I just remind those in this chamber of what the actual threshold for call-out of the ADF is. The current threshold for call-out requires the authorising ministers to be satisfied that a state and territory is not, or is unlikely to be, able to protect itself or the Commonwealth interests from domestic violence. This threshold means that the Commonwealth would not call out the ADF, under part IIIAAA, where the Commonwealth assesses that a state or territory has both the capability and capacity to resolve the incident. But this threshold limits the ADF's ability to complement or augment a civil law enforcement response to a terrorism incident. So these amendments will replace the threshold requirement that the states and territories are not, or are unlikely to be, able to protect themselves or the Commonwealth's interests against domestic violence. Instead, under this legislation, when deciding whether the ADF should be called out, authorising ministers will need to take into account the nature of the violence and whether the ADF will be likely to enhance the state and territory response. The amendment will allow greater flexibility for the ADF to provide the most rapid, effective and appropriate specialist support to the states and territories upon their request for such an incident.

Again, I think if you ask any Australian on the streets, 'If these incidents occur, should the ADF be called out where they have specialist capabilities to assist state and territory police?' the overwhelming answer would be, 'Of course we want them to be able to help if there was a domestic terrorist incident.' In finishing the answer to this question, I will just say: the call-out of the ADF will continue to be an exceptional event.