Footnotes

Chapter 1 - Introduction

[1]        Journals of the Senate, 17 November 2009, p. 2736.

[2]        Explanatory Memorandum, Defence Amendment (Parliamentary Approval of Overseas Service) Bill 2008 [No. 2], p. 2.

[3]        Senate Standing Committee for the Scrutiny of Bills, Alert Digest, no.1 of 2009, 4 February 2009, p. 17.

Chapter 2 - The proposal for parliamentary approval

[1]        See for example, Geoffrey Lindell, 'Authority for war', About the House, May–June 2003, p. 23. George Williams, 'Comments', 'The Power to go to war: Australia in Iraq", editor Fiona Wheeler, PLR, vol. 15, no. 5, 2004, p. 5 and 'Now to say, never again', Canberra Times, 7 June 2008.

[2]        Geoffrey Lindell, 'Authority for war', About the House, May–June 2003, p. 23. See also Charles Sampford and Margaret Palmer, 'The Constitutional Power to Make War: Domestic Legal Issues Raised by Australia's Action in Iraq', Griffith Law Review, vol. 18, no. 2, 2009, p. 350.

[3]        Senator Colin Mason, Senate Hansard, 18 April 1985, p. 1186.

[4]        Senator Colin Mason, Senate Hansard, 18 April 1985, p. 1186.

[5]        Senate Hansard, 22 February 1988, p. 387.

[6]        Subsections 50C(1) and (2), Defence Amendment (Parliamentary Approval of Overseas Service) Bill 2008.

[7]        Senator Don Chipp, Senate Hansard, 17 April 1986, p. 1916.

[8]        Senate Hansard, 27 March 2003, p. 10320.

[9]        See Senator Andrew Bartlett, Senate Hansard, 10 February 2005, p. 126.

[10]      Senate Hansard, 10 February 2005, p. 106.

[11]      Senate Hansard, 17 September 2008, p. 4982.

[12]      Senate Hansard, 17 September 2008, p. 4982.

[13]      Senate Hansard, 17 September 2008, p. 4982.

[14]      See for example, Submission 14. See also Submissions 3, 4, 5, 9, 10, 11, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27 and 30.

[15]      Paul Barratt AO, Andrew Farran and Garry Woodard, Submission 21, p. 2. See also Submission 3 and 23. The Civil Liberties Association argued that 'the current system does not provide an effective level of accountability and scrutiny necessary for the significant decision to send troops', p. 6.

[16]      Robert O'Neill, Submission 5, p. 3.

[17]      Submission 13, p. [2]. The Human Rights Council of Australia was of the view that: 'A decision of such seriousness perforce deserves and requires a decision-making process equal to the most serious that our constitutional system provides and that is a decision of the Parliament'. Submission 10, pp. 1–2. Just Peace found 'it incomprehensible that there is not a strict parliamentary process in place underpinned by law such as that proposed in the Bill, so as to prevent the Government of the day from committing the country to war without parliamentary debate and approval', Submission 15, p. 2.

[18]      Paul Barratt AO, Andrew Farran and Garry Woodard, Submission 21, p. 1.

[19]      See Senator Linda Kirk and Senator Marise Payne, Senate Hansard, 10 February 2005, pp. 118, 130.

[20]      See Senator Linda Kirk, Senator Sandy Macdonald and Senator Marise Payne, Senate Hansard, 10 February 2005, pp. 118, 122, 130. See also Senator Alan Ferguson and Senator John Hogg, Senate Hansard, 10 February 2005, pp. 109, 113.

[21]      See Senator Marise Payne, Senate Hansard, 10 February 2005, p. 130. Also see Senator Sandy Macdonald, Senate Hansard, 10 February 2005, p. 122.

[22]      See Senator Sandy Macdonald, Senate Hansard, 10 February 2005, p. 122.

[23]      Senator John Hogg, Senate Hansard, 10 February 2005, p. 113. See also Senator Alan Ferguson, Senator Sandy Macdonald and Senator Marise Payne, Senate Hansard, 10 February 2005, pp. 109, 122, 130.

[24]      Senate Hansard, 2 February 2010, pp. 2–3.

[25]      Senate Hansard, 10 February 2005, pp. 113, 130.

[26]      Claire Taylor and Richard Kelly, Parliamentary Approval for Deploying the Armed Forces: An Introduction to the Issues, House of Commons Library, Research Paper 08/88, 27 November 2008, p. 41–55.

[27]      Government response to the report of the Public Administration Select Committee on the Draft Constitutional Renewal Bill, Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty the Queen, July 2009, pp.11–12 and Government response to the report of the Joint Committee on the Draft Constitutional Renewal Bill, Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty the Queen, July 2009, pp. 46–47.

[28]      Senate Hansard, 17 April 1986, p. 1912.

[29]      Senator MacGibbon, Senate Hansard, 17 April 1986, p. 1913.

[30]      See Senator Kirk, Senator Sandy Macdonald and Senator Marise Payne, Senate Hansard, 10 February 2005, pp. 118, 122, 130.

[31]      Senator Alan Ferguson, Senate Hansard, 10 February 2005, p. 109.

[32]      See for example, Senator Sandy Macdonald, Senate Hansard, 10 February 2005, p. 122.

[33]      Senator Linda Kirk, Senate Hansard, 10 February 2005, p. 118. See also Senator Payne, p. 130.

[34]      The report is to be made on the first sitting day of that House after the commencement of each of the months of February, April, June, August, October and December. The Minister is to commence reporting within 2 months after the deployment.

[35]      Paul Barratt AO, Andrew Farran and Garry Woodard, Submission 21, p. 5.

[36]      Submission 26, p. [3].

[37]      Submission 25, p. 2.

[38]      Submission 6, p. 1.

[39]      Submission 12, p. [2].

[40]      The committee devoted a number of chapters to the decision-making process. See chapters 3–8, Senate Standing Committee on Foreign Affairs, Defence and Trade, Australia's involvement in peacekeeping operations', August 2008.

[41]      Senate Hansard, 17 April 1986, p. 1913.

[42]      Senate Hansard, 10 February 2005, p. 113.

[43]      See Senator Sandy Macdonald and Senator Marise Payne and, Senate Hansard, 10 February 2005, pp. 122, 130.

[44]      See Senator Kirk, Senate Hansard, 10 February 2005, p. 118.

[45]      On 22 December 2004, Australian Federal Police Protective Service Officer Adam Dunning, was shot and killed in Solomon Islands, while performing a routine patrol in Honiara, protecting the residences of the Prime Minister and Governor General. AFP Media release, 'Police Arrest James Tatau in relation to the murder of Adam Dunning and the attempted murder of another three PPF Officers in Solomon Islands', 11 January 2005,  http://www.afp.gov.au/__data/assets/pdf_file/1971/mr110105arresttatau.pdf  and 'AFP remembers one  its fallen', 22 December 2005, http://www.afp.gov.au/__data/assets/pdf_file/1970/mr_05122__dunninganniversary.pdf

[46]      Senate Hansard, 10 February 2005, p. 118.

[47]      Senate Standing Committee on Foreign Affairs, Defence and Trade, Australia's involvement in peacekeeping operations, August 2008.

[48]      Senate Standing Committee on Foreign Affairs, Defence and Trade, Australia's involvement in peacekeeping operations, August 2008.

[49]      Marrickville Peace Group, Submissions 19, p. 1 and also Submissions 21 and 26.

[50]      Paul Barratt AO, Andrew Farran and Garry Woodard, Submission 21, p. 5.

[51]      The Australian Anti-Bases Campaign Coalition, Submission 26, p. [3].

[52]      Submission 23, p. 7.

[53]      Submission 8, pp. 3–4.

[54]      Submission 8, p. 4.

[55]      Arian D'Hage to Ian Maguire, 20 December 2007, additional information from Mr Maguire submission 31.

[56]      Submission 12, p. [2].

[57]      Submission 8, p. 1.

[58]      Defence Amendment (Parliamentary Approval of Overseas Service) Bill 2008 [No. 2], ss 50C(11).

[59]      Senate Hansard, 17 April 1986, p. 1912.

[60]      Senate Hansard, 17 April 1986, p. 1912.

[61]      Senate Hansard, 17 April 1986, p. 1912.

[62]      Senate Hansard, 10 February 2005, p. 118.

[63]      Senate Hansard, 10 February 2005, p.113.

[64]      Senate Hansard, 10 February 2005, p. 126.

[65]      Senate Hansard, 17 September 2008, p. 4982.

[66]      Submission 13, p. [2].

[67]      Submission 26, p. [3]. For further examples see also, Campaign for International Co-operation and Disarmament, Submission 14; Shelley Booth, Submission 16; Stop the War Coalition, Submission 20, p. 2; and Bill Fisher and Miriam Tonkin, Submission 30, p. [1].

[68]      Defence Amendment (Parliamentary Approval of Overseas Service) Bill 2008, subsection 50C(11).

[69]      Submission 8, p. 4.

[70]      Submission 12, p. [1].

[71]      Submission 8, p. 2.

[72]      Peter Gration to Ian Maguire, 15 February 2008, additional information from Mr Maguire submission 31.

[73]      Peter Gration to Ian Maguire, 21 February 2008, additional information from Mr Maguire submission 31.

[74]      Submission 11, p. 2.

[75]      Submission 22, p. [2].

[76]      Submission 31.

[77]      Peter Gration to Ian and Claire Maguire, 7 October 2009, additional information to Submission 31.

[78]      Submission 8, p. 2.

[79]      Submission 8, p. 3.

[80]      Submission 8, p. 5.

[81]      Peter Gration to Ian Maguire, 15 February 2008, additional information to Submission 31.

[82]      Senate Hansard, 10 February 2005, p. 130.

[83]      Senate Hansard, 10 February 2005, p. 113.

[84]      Senator Evans, Senate Hansard, 17 April 1986, p. 1912 and Senator Hogg, Senate Hansard, 10 February 2005, p. 113.

[85]      Senator Evans, Senate Hansard, 17 April 1986, p. 1912, Senator Hogg, Senate Hansard, 10 February 2005, p. 113.

[86]      Mr Harry Evans to Chair of Foreign Affairs, Defence and Trade Legislation Committee, 24 August 2009.

[87]      Senate Hansard, 10 February 2005, pp. 122 and 130.

[88]      Submission 1, p. 1.

[89]      Submission 15, p. 4.

[90]      Submission 8, p. 2.

[91]      See section 33, Naval Defence Act 1910, and section 4F, Air Force Act 1923.

[92]      Quote taken from the Age, 'Labor MP says Parliament should approve war', 23 December 2009.