Senate debates

Tuesday, 27 November 2018

Bills

Defence Amendment (Call Out of the Australian Defence Force) Bill 2018; In Committee

12:52 pm

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

That raises another very good question—and one of great interest, I think, to all in this chamber—and that relates to parliamentary scrutiny. I know that that's something that you're particularly interested in. I can advise you that the government acknowledges that calling out the ADF to assist state and territory police in responding to domestic incidents is an extremely significant act, and it is important that the parliament is given an opportunity to review the operation and conduct of the ADF under a call-out order. Consistent with the existing legislation, this bill preserves the parliament's oversight role in relation to call-outs under part IIIAAA. The bill does require the minister to present the following to parliament: any call-out order that has ceased to be in force; and any specified area declarations that relate to the order; and also, the minister must report any utilisation of the ADF that occurred under that order, including the number of premises searched in specified areas.

I can also advise you that, where a specified area declaration has been made, the bill also requires the authorising ministers to table in the parliament a statement that says these three things. First of all, the statement must summarise the content of the call-out order to which the declaration relates. It also must state that a specified area declaration has been made, and it must describe the specified area and its boundaries. These provisions ensure that the parliament is informed of an operation and the scope of orders and declarations that are made under part IIIAAA and, to the extent possible, the ADF's role in resolving the incident as well. The documents must be presented to parliament within seven days of the cessation of a call-out order. Given the urgency of any circumstances that justify the call-out of the ADF, the government believes it is appropriate that the parliament be given the details of the ADF's conduct after the incident has been resolved. To do otherwise would risk diverting critical resources away from operations.

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