8th Dec 2020, 9:27 PM – Senate Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) Bill 2020 - in Committee - Schedules 1 and 2

The majority voted in favour of a motion to keep schedules 1 and 2 stand unchanged. In parliamentary jargon, they voted "that schedules 1 and 2 stand as printed." This vote happened after WA Senator Jordon Steele-John (Greens) introduced a motion that the schedules be opposed.

What does schedule 1 do?

According to the bills digest:

The purpose of the amendments in Schedule 1 is to streamline and enhance the provisions enabling Reserve Call Out, including where the Reserve Call Out is in response to a natural disaster or other emergency. The amendments are intended to:

a. Enhance flexibility in how called out ADF Reserve members serve by:

i. removing references to continuous full-time service (CFTS)

ii. enabling the Chief of the Defence Fore (CDF) to determine how and when they are required to serve.

b. Simplify the process for advising the Governor-General before making a Reserve Call Out order.

c. Provide for Reserve Call Out orders to be made by notifiable instrument.

d. Extend Parts 8, 9 and 10 of the Defence Reserve Service (Protection) Act 2001 to any service rendered by Reserves under a Reserve Call Out order and not just CFTS.

e. Modernise the language in Part III of the Act.

f. Amend the CDF's delegation power in relation to Reserve Call Out to reflect the other changes to the Act.

What does schedule 2 do?

According to the bills digest:

Defence Assistance to the Civil Community (DACC) is not currently authorised by statute, it is a non-statutory exercise of executive power. Schedule 2 proposes to:

• provide Australian Defence Force (ADF) members and other Defence personnel with immunity from civil and criminal liability in certain circumstances while performing duties in relation to assistance provided in civil emergency and disaster preparedness, recovery and response

• permit the CDF or the Secretary to extend that immunity to other persons including members of foreign military forces and foreign police forces and

• in the context of this grant of immunity, provide the Minister with statutory power to direct use of the ADF and other Defence personnel to provide assistance in a natural disaster or other emergency.