Addendum by Senator Vicki Bourne
Although no Democrat Senator
was able to be present at the hearings we have considered the Hansard and the
submissions and still retain some reservations about aspects of this bill.
Consequently we will seek amendments to it.
Our main concern is to ensure
effective accountability and transparency measures. It is of vital importance
to maintain the differentiation between the armed forces and the civil police.
There seems to be a lack of clarity about the role of the States and the
Commonwealth and we take note of the States concerns on this issue. We consider
there are also some issues about the vagueness of the terms "Domestic
Violence" and "Commonwealth Interests" and take note of the
discussion in the report and subsequent resolutions.
The Democrats are not satisfied
that the Bill provides a sufficient level of accountability and so once an
order has been made we consider that the Federal Parliament must be recalled to
debate the order and both Houses must approve the order.
We also have concerns about the
level of involvement of the States and Territories in the decision making
process. We would prefer that the Premier or Chief Minister of the State or
Territory to be informed at the same time as the Prime Minister, The Attorney
General and the Defence Minister. Whilst recognising the Premier or Chief
Minister has no decision making role, he or she should be party to the
discussions and process prior to the decision being made. The Premier or Chief
Minister would be able to advise on the capability of the State or Territory to
deal with the situation.
We agree that the Minister
should make a report to Parliament, within seven days of the cessation of the
order. Recognising the limited time frame of the Minister's report, the Defence
Ombudsman should then as a matter of course look into the report, with due
consideration to all information available. The Ombudsman should then use his
or her discretion as to whether a further report should be released, and
whether all issues were sufficiently dealt with in the Minister's report.
And finally, we recognise that the stated aim of this
legislation is to particularly deal with the Sydney Olympics. Given this and
given the importance of the changes and the potential impact on citizens, we
think it is essential that there is a two year sunset clause, and in the event
of an order being made, a review after six months of the cessation of that
order.
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