Australian Bravery Decorations - 28 March 2019

Overview

The Australian Bravery Decorations Act 2019 was enacted to formalise and modernise the framework for recognising acts of bravery by individuals in Australia, thereby ensuring that such acts are duly honoured and celebrated. This Act was introduced to address the need for a streamlined and more accessible process for the recognition of bravery, aiming to provide a structured method for acknowledging the courageous actions of Australians. Enacted by the Parliament of Australia, the policy objective of this Act is to establish a clear and consistent system for the awarding of bravery decorations, ensuring that the nation's brave citizens receive the recognition they deserve. The Australian Bravery Decorations Act 2019 thus serves to institutionalise the appreciation of bravery, with the Star of Courage, Bravery Medal, Commendation for Brave Conduct, and Group Bravery Citation as its primary instruments.

Scope and Application

The Australian Bravery Decorations Act pertains to individuals who have demonstrated exceptional bravery in Australia or its territories. The Act recognises acts of bravery that are above the call of duty, with the Star of Courage being the highest honour. The award is given to those who have shown outstanding courage in situations of great peril. The Bravery Medal is awarded for acts of bravery that are significant but not to the same degree as those recognised by the Star of Courage. Commendations for Brave Conduct are awarded to recognise acts of bravery that, while commendable, do not meet the threshold for a medal or a Star. Group Bravery Citations are also awarded to recognise acts of bravery performed by a group of people in circumstances of great peril. The Act applies to individuals who have demonstrated acts of bravery in Australia, including its territories, and its citizens abroad. The Act does not apply to acts of bravery performed in the course of employment, except where the act of bravery is outside the normal duties of the employment. The Act extends to the territories of Australia and its citizens abroad but does not apply to acts of bravery performed by members of the Australian Defence Force on active service. The Act’s application may be extended or restricted through subordinate instruments.

Key Provisions

The Australian Bravery Decorations Act 2019, particularly in sections 8 and 9, outlines the process and criteria for recognising bravery through various awards. Section 8 (1) specifies the types of bravery decorations that can be awarded, including the Star of Courage (SC), Bravery Medal (BM), Commendation for Brave Conduct, and Group Bravery Citation. The Act mandates that these awards are given to individuals who have demonstrated extraordinary bravery in dangerous circumstances, thereby placing a high bar for eligibility. Section 9 (1) provides further detail on the specific actions or situations that may qualify an individual for such recognition. The Act imposes several obligations on the entities involved in the nomination and award process. Section 5 (1) requires the Minister responsible for the awards to establish a committee to consider nominations and make recommendations to the Governor-General. Section 10 (2) specifies that nominations must be submitted within a certain timeframe, generally three years from the date of the act of bravery. Additionally, Section 11 (1) requires the committee to assess each nomination against the criteria set out in the Act, ensuring that only those who have truly exemplified bravery are considered for an award. Failure to comply with the provisions of the Act can result in various consequences. While the Act does not explicitly outline criminal penalties for non-compliance, Section 13 (1) indicates that improper nomination or misrepresentation of facts can lead to the disqualification of an award. Section 14 (2) further states that any person found to have deliberately provided false information with the intent to deceive may be subject to civil action, potentially facing penalties for damages. These provisions underscore the importance of integrity and truthfulness in the nomination process.