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senate vote 2020-12-08#16
Edited by
mackay staff
on
2021-01-29 13:36:01
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Title
Bills — Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) Bill 2020; in Committee- Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) Bill 2020 - in Committee - Prescribed emergencies
Description
<p class="speaker">Jordon Steele-John</p><p>by leave—I move Australian Greens amendments (1) to (4) on sheet 1141 together:</p><p class="italic">(1) Schedule 2, item 4, page 8 (line 14), before "emergency", insert "prescribed".</p>- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2020-12-08.203.1) introduced by WA Senator [Jordon Steele-John](https://theyvoteforyou.org.au/people/senate/wa/jordon_steele-john) (Greens), which means they failed.
- ### What did the amendments do?
- Senator Steele-John [explained that](https://www.openaustralia.org.au/senate/?gid=2020-12-08.203.1):
- > *These amendments deal with one of the most serious aspects of the bill. It is our view and, indeed, that of many submitters that a lack of a definition of what could constitute an 'other emergency' leaves the door wide open for the scope of circumstances for using the powers in this bill basically to be whatever the minister would like to define.*
- ### Amendments text
- > *(1) Schedule 2, item 4, page 8 (line 14), before "emergency", insert "prescribed".*
- >
- > *(2) Schedule 2, item 4, page 8 (line 19), before "emergency", insert "prescribed".*
- >
- > *(3) Schedule 2, item 4, page 8 (line 21), before "emergency", insert "prescribed".*
- >
- > *(4) Schedule 2, item 4, page 8 (after line 34), after subsection 123AA(3), insert:*
- >
- >> *(3A) The regulations may prescribe:*
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- >>> *(a) a particular emergency event as a prescribed emergency for the purposes of this section; or*
- >>>
- >>> *(b) a kind of emergency as a prescribed emergency for the purposes of this section.*
- >>
- >> *(3B) However, regulations made for the purposes of subsection (3A):*
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- >>> *(a) may only prescribe as an emergency or kind of emergency, an event or occurrence that does not require a protected person to use force or other coercive powers against a person; and*
- >>>
- >>> *(b) must not prescribe protest, dissent, assembly or industrial action as an emergency or kind of emergency.*
<p class="italic">(2) Schedule 2, item 4, page 8 (line 19), before "emergency", insert "prescribed".</p><p class="italic">(3) Schedule 2, item 4, page 8 (line 21), before "emergency", insert "prescribed".</p><p class="italic">(4) Schedule 2, item 4, page 8 (after line 34), after subsection 123AA(3), insert:</p><p class="italic">(3A) The regulations may prescribe:</p><p class="italic">  (a) a particular emergency event as a prescribed emergency for the purposes of this section; or</p><p class="italic">  (b) a kind of emergency as a prescribed emergency for the purposes of this section.</p><p class="italic">(3B) However, regulations made for the purposes of subsection (3A):</p><p class="italic">  (a) may only prescribe as an emergency or kind of emergency, an event or occurrence that does not require a protected person to use force or other coercive powers against a person; and</p><p class="italic">  (b) must not prescribe protest, dissent, assembly or industrial action as an emergency or kind of emergency.</p><p>These amendments deal with one of the most serious aspects of the bill. It is our view and, indeed, that of many submitters that a lack of a definition of what could constitute an 'other emergency' leaves the door wide open for the scope of circumstances for using the powers in this bill basically to be whatever the minister would like to define. It is our intention to quarantine the provisions of this bill to the stated purpose of Defence aid to the civil community by outlining what emergencies cannot be; indeed, to make explicit what does not constitute an emergency a situation for the purposes of this bill.</p><p>Throughout the course of the inquiry it was made very clear that the lack of a definition of 'other emergency' was grossly insufficient and left the door far too open in terms of interpretation. These amendments should, I quite honestly believe, be a rather uncontroversial proposition for the chamber to consider. Anybody who takes a cursory glance at this legislation would be worried by the vagaries contained within the relevant section. These amendments tidy that up rather neatly and would make great improvements to the legislation. I therefore commend these amendments to the chamber.</p> <p class="speaker">Linda Reynolds</p><p>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.</p> <p class="speaker">Andrew McLachlan</p><p>The question is that amendments (1) to (4) on sheet 1141 be agreed to.</p>
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