A Soldier by Any Other Name: A Reappraisal Of The 'Citizen in Uniform' Doctrine in Light of Part IIIAAA of the Defence Act 1903 (Cth)

Abstract

Defence Force Aid to the Civil Authority, in Australia, has received sporadic academic attention. This paper explores the legal foundations and relevant thresholds for calling out the Australian Defence Force under Part IIIAAA of the <i>Defence Act 1903</i> (Cth), as part of a wider reappraisal of whether the 'citizen in uniform' doctrine is still legally relevant and applicable. Utilising historical examples of the Duty to Keep the Peace of the Realm, and the constant, specific duty of armed forces to obey orders, this paper posits that it is illogical and unfounded to maintain that armed forces members should be treated the same as citizens in uniform, especially when regard is taken to the powers, immunities and defences available to Australian Defence Force members. The conclusion reached is not one that is solely applicable to Australia, but raises questions internationally on how armed forces, tasked with domestic security operations, should be treated by civilian jurisdictions.