Submission to Senate Legal and Constitutional Affairs Committee: Defence Amendment (Call Out of the Australian Defence Force) Bill 2018 (Cth)

Abstract

The Defence Amendment (Call Out of the Australian Defence Force) Bill 2018 proposes significant liberalising changes to the capacity and application of the ADF to be called upon, either at the request of the States, or on the initiative of the Commonwealth, to intervene in civilian law enforcement situations and apply force up to and including lethal force. It does so with some vague wording and expressions, examples of subject matter expansion and overreach, and insufficient checks and balances that are not consistent with Australia's traditions, history and reputation as a leading liberal democracy. Whilst it is important to acknowledge the ongoing issue of terrorism and to adapt to changes in terrorist methods, the Bill fails to optimally address the objective of calibrating responses to terrorism in ways that are necessary, proportionate and reasonable, affirming both the method and delivery of civil and political rights, whilst offering a powerful rejoinder to totalitarian ideologies associated with terrorism.