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

The government will not be supporting all three of these amendments. I will turn first of all to the amendment on sheet 1143. Section 123AA already provides immunity from civil and criminal liability for protected persons who are providing relevant assistance in natural disasters and other emergencies where they are acting in good faith and in performance of their duties. The provision is not the source of authority for using the ADF to provide assistance, which remains the executive power of the Commonwealth. It operates only to trigger the immunity. The effect of this particular amendment would be to insert an additional requirement to consult with states and territories before triggering the immunity provision, which is not necessary nor appropriate. This provision—and, in particular, the language for triggering the immunity through the minister's direction—has been very, very carefully drafted to ensure that it is within the constitutional authority of the parliament.

In relation to the amendment on sheet 1144, first of all, I thank the opposition very much for their support for this and I also acknowledge the opposition's thanks and acknowledgement relating to the foreign forces who came to assist us in the bushfires earlier this year. In relation to this, the immunity provision in section 123AA as introduced can be extended to members of foreign military and police forces who are providing the relevant assistance on behalf of the ADF or on behalf of Defence. Contrary to what we've heard in this chamber, there is a longstanding practice of nations providing assistance to each other in times of emergencies and disasters. During the 2019-20 bushfire disaster, eight nations provided military assistance through the ADF—New Zealand, Papua New Guinea, Fiji, Indonesia, the United States, Singapore, Japan and Canada—and, as Senator Wong has said, we are deeply grateful for that assistance. Similarly, the ADF has also provided significant disaster relief and humanitarian assistance to many other nations.

The effect of this amendment would be to remove the ability to extend immunities to foreign forces who are providing assistance to our nation. The extension of immunities to foreign military and police forces is appropriate and it is justified, given longstanding practices of nations providing this sort of assistance to one another. It recognises that they are important relationships, and, also, it provides appropriate protection in situations where they are offering assistance and putting themselves in harm's way for Australians and for people in our local communities. The immunity, however, does not apply automatically. It requires a decision by Defence. The provision does not authorise foreign military or police forces to enter Australia or to use force or coercive powers while providing assistance. It's for those reasons that the government will not be supporting these three amendments.