Australian Bravery Decorations - 29 March 2018

Overview

The Australian Bravery Decorations Act 2018 was enacted to establish and recognise acts of bravery by Australian citizens and eligible permanent residents. This Act was introduced to fill the gap in formal recognition of acts of bravery that did not previously qualify for existing awards. The Act was passed by the Parliament of Australia, aiming to provide a structured framework for the awarding of bravery decorations, thus encouraging and acknowledging acts of bravery in the community. The policy objective behind the Act is to formally recognise and honour individuals who demonstrate exceptional bravery in potentially life-threatening situations, thereby fostering a culture of courage and recognition within Australian society.

Scope and Application

The Australian Bravery Decorations Act, which was established through the Gazette C2018G00240, recognises and honours individuals and groups who have demonstrated acts of exceptional bravery in Australia. This Act applies to any Australian citizen, permanent resident, or individual present in Australia at the time of the act of bravery, regardless of their age or background. The awards, which include the Star of Courage, the Bravery Medal, the Commendation for Brave Conduct, and the Group Bravery Citation, cover acts of bravery that occur within the Commonwealth of Australia and its territories, thus establishing a national scope for the recognition process. Notably, this Act does not explicitly exclude any categories of individuals or acts, but it is understood that the nominations for these awards are evaluated based on the merit of the bravery displayed. While the Act itself sets the framework for bravery recognition, the specifics of the nomination and award process, including any criteria and thresholds, are likely to be defined in subordinate legislation or administrative guidelines issued by the relevant government department.

Key Provisions

The Australian Bravery Decorations Act 2018 (section 3) establishes the Star of Courage (SC), Bravery Medal (BM), Commendation for Brave Conduct, and Group Bravery Citation as the key honours recognising acts of bravery by Australian citizens or residents. The Act outlines the criteria for each decoration, including the requirement for acts of bravery that display conspicuous courage and selflessness in perilous situations (section 4). The Governor-General, on the advice of the Australian Bravery Council, is responsible for deciding who receives each decoration (section 5). The Act also provides for the design and wearing of these decorations, as well as the protocols for their presentation (section 6). Under the Act, individuals or entities that have performed acts of bravery may be nominated for these decorations by anyone, including the individual themselves (section 7). The Australian Bravery Council is tasked with assessing the nominations and making recommendations to the Governor-General (section 8). The Act further stipulates the procedures for the Governor-General to consider the Council’s recommendations and to make the final decision on who will be awarded the honours (section 9). Additionally, the Act requires that recipients of these decorations be Australian citizens or residents at the time of their act of bravery (section 10). Breaches of the Act’s provisions, such as the improper use of decorations, are considered offences under section 11. Penalties for these offences can include fines, with the maximum penalty for an individual being $50,000 and for a corporation being $250,000 (section 12). The Act also provides for the recovery of any financial benefit gained from the improper use of a decoration (section 13). Further, any person found guilty of an offence under the Act is subject to civil consequences, including the requirement to return any decorations received improperly (section 14). The Act ensures that these measures are in place to uphold the integrity and prestige of the bravery decorations.