Linda Reynolds (WA, Liberal Party, Minister for Defence) Share this | Hansard source

The government does not support these amendments. Clause 123AA provides immunity from civil and criminal liabilities for protected persons who are providing relevant assistance in natural disasters and other emergencies where they are acting in good faith and in the performance of their duties. These amendments would replace the broad term 'other emergency' with 'other prescribed emergency'. This would require regulations to be made in order to rely on the immunity provision in relation to any emergency that was not a natural disaster. The term 'other emergency' used in the bill as introduced takes its ordinary meaning. It is deliberately a broad term. It enables agility to respond to unexpected events. Requiring other emergencies to be prescribed in regulations would require them to have been identified ahead of time, which is clearly impracticable. This would prevent ADF members from receiving appropriate legal protections when they are providing assistance in an emergency—again, very undesirable and not necessary. There are other safeguards already in clause 123AA. Regardless of the nature of any emergency, the immunity would only ever apply in a situation when ADF members and other personnel were acting in good faith in the performance of their duties, and they must be lawful duties. This would not include using force or coercive powers. This provision does not authorise or permit ADF members to use force or coercive powers to quell or dispel protest, dissent, assembly or industrial action. It's for those reasons that the government does not support these amendments.