The Defence Subcommittee of the Joint Standing Committee on Foreign Affairs, Defence and Trade has completed its examination on how Australia makes decisions to send service personnel into international armed conflict.

Media release issue date: Friday, 31 March 2023

The Defence Subcommittee of the Joint Standing Committee on Foreign Affairs, Defence and Trade has completed its examination on how Australia makes decisions to send service personnel into international armed conflict. Defence Subcommittee Chair, Mr Julian Hill MP, said “The power to declare war and send military personnel into conflict is arguably the most significant and serious institutional power, and the gravest decision a government can make. “Through this inquiry, the Committee has carefully and seriously considered fundamental questions regarding decision-making in relation to international armed conflict and parliamentary oversight, both preceding and during the commitment of the Australian Defence Force. “The Committee has concluded there is a clear need to improve the transparency and accountability of government decision-making in relation to armed conflict. Australia’s system of parliamentary democracy is likely to be kept healthy, effective, and well-adapted by making sensible changes that respect our well-established institutions and conventions. “Accompanying recommended changes to the Cabinet Handbook and new Standing Resolutions of both Houses of Parliament, the Government has an historic chance to exercise leadership and establish the Joint Statutory Committee on Defence to enhance Australia’s national security while providing for increased parliamentary scrutiny of Defence. “In 1988, Prime Minister Bob Hawke created the Parliamentary Joint Committee on ASIO, rejecting the advice of the Hope Royal Commissions not to enhance parliamentary oversight of the intelligence agencies. History has proved he was right to do so, and the Government is encouraged to emulate Prime Minister Hawke’s example and act to strengthen national security and enhance the accountability of defence to the Parliament. “The Committee is convinced that greater transparency and parliamentary consideration of the decision to commit forces to an armed conflict can and must occur, and commends this report, on this most serious of subjects, to the Government”. The Committee’s recommendations are to: Reaffirm that decisions regarding armed conflict are fundamentally a prerogative of the Executive, while acknowledging the key role of Parliament in considering such decisions, and the value of improving the transparency and accountability of such decision-making in the pursuit of national interests. Amend the Cabinet Handbook to: Restore the primacy of the Governor-General under Section 68 of the Australian Constitution to give effect to decisions of government in relation to war or warlike operations, particularly in relation to conflicts that are not supported by resolution by the United Nations Security Council, or an invitation of a sovereign nation Require a written statement to be published and tabled in the Parliament setting out the objectives of major military operations, the orders made and legal basis Require Parliament to be recalled as soon as possible to be advised and facilitate a debate in Parliament at the earliest opportunity following a ministerial statement, based on the 2010 Gillard model, including a statement of compliance with international law and advice as to the legality of an operation Introduce Standing Resolutions of both Houses of Parliament to establish expectations of Executive Government in relation to accountability for decisions in relation to international armed conflict, including regular Statements and Updates from the Prime Minister and Minister for Defence. Establish via legislation a new Joint Statutory Defence Committee, modelled on the Parliamentary Joint Committee for Intelligence and Security, able to receive classified information to improve parliamentary scrutiny of defence strategy, policy, capability development acquisition and sustainment, contingency planning, and major operations. Thank you to the many stakeholders and submitters who contributed thoughtfully to the inquiry whose carefully formed and expert views are acknowledged with respect and drawn upon in this report. Further information in relation to the inquiry is available from the JSCFADT’s website. Media inquiries Patrick Lee, office of Julian Hill MP (Member for Bruce; Chair, Defence Sub-committee) Email: patrick.lee@aph.gov.au For background information Committee Secretariat 02 6277 2313 jscfadt@aph.gov.au

The Defence Subcommittee of the Joint Standing Committee on Foreign Affairs, Defence and Trade will hold its first public hearing to examine how Australia makes decisions to send service personnel into international armed conflict.

Media release issue date: Thursday, 8 December 2022

The Defence Subcommittee of the Joint Standing Committee on Foreign Affairs, Defence and Trade will hold its first public hearing tomorrow to examine how Australia makes decisions to send service personnel into international armed conflict. The inquiry was referred by the Deputy Prime Minister and Minister for Defence, the Hon Richard Marles MP, on 28 September to the Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT) (see Terms of Reference). The Committee will hear from witnesses advocating for both preservation of the status quo and for reform in this important area of public policy. Due to give evidence are Australians for War Powers Reform, legal scholars from academic institutions, public citizens, the Australian Strategic Policy Institute, Australian Defence Association, and the Australian Defence Force. Commenting on the inquiry hearing, Defence Subcommittee Chair, Mr Julian Hill MP, noted that, “This public hearing will hear evidence from a range of stakeholders and witnesses to examine disparate views around the transparency and accountability of policy settings in the current exercise of these powers. The Terms of Reference also seek advice regarding the impact of any proposed policy changes on the safety and security of our Defence Force personnel. “The Subcommittee is keen for evidence regarding the way other Westminster democracies exercise these powers, as well as examining this issue from a legal and constitutional perspective.” Further information in relation to the inquiry is available from the JSCFADT’s website. Public hearing details Date: Friday 9 December Time: 1.00 pm – 6.30 pm ADST Location: Committee Room 1R3 and via teleconference The hearings will be audio streamed live at aph.gov.au/live. Media inquiries Phillip Danh, office of Julian Hill MP (Member for Bruce; Chair, Defence Sub-committee) Ph: 0469646998 For background information Committee Secretariat 02 6277 2313 jscfadt@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track this Committee’ button in the bottom right hand corner of the page.

How Australia makes decisions to send service personnel into international armed conflict will be examined in a new parliamentary inquiry.

Media release issue date: Friday, 30 September 2022

How Australia makes decisions to send service personnel into international armed conflict will be examined in a new parliamentary inquiry. The inquiry was referred by the Deputy Prime Minister and Minister for Defence, the Hon Richard Marles MP, on 28 September to the Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT) with the following Terms of Reference. The JSCFADT has tasked the Defence Subcommittee to undertake this inquiry. JSCFADT Chair, Shayne Neumann MP, said “One of the most significant powers vested in the Executive Government is the decision to deploy Australian servicemen and women into armed conflict where they are at risk of serious injury and death. This review of course does not alter the fact that Labor's defence policy is founded on the principle of Australian self-reliance and the Government and Australia's armed forces need to be able to defend Australia and its interests against credible threats in a dynamically changing geostrategic environment unimpeded by dissenting or short term political opinions.” Commenting on the inquiry, Defence Subcommittee Chair, Mr Julian Hill MP, noted that “The Government has committed to holding this inquiry which presents an opportunity for the public and stakeholders to present evidence to the Committee on where improvements can be made including transparency and accountability in the exercise of these powers. The Subcommittee will examine whether the current parliamentary processes are sufficient and importantly, if there are inadvertent security implications any proposed policy changes may cause that could compromise the safety and security of our Defence Force personnel. “During the inquiry it will be important to hear evidence about how other like-minded democracies and Westminster parliamentary systems around the world commit their citizens to conflict.” The Committee invites submissions addressing the terms of reference to this inquiry by Friday, 18 November 2022. Further information in relation to the inquiry is available from the JSCFADT’s website. Media inquiries Phillip Danh, office of Julian Hill MP (Member for Bruce; Chair, Defence Sub-committee) Ph: 0469646998 For background information Committee Secretariat 02 6277 2313 jscfadt@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right hand corner of the page.