Defence (Security Authorised Member of the Defence Force—Training and Qualification Requirements for Military Working Dog Handlers) Determination 2026

EXPLANATORY STATEMENT

Issued by authority of Major General Christopher Smith, DSC, AM, CSC, Deputy Chief of Army, delegate of the Minister for Defence

Defence Act 1903

The instrument is made under subsection 71C(4) of the Defence Act 1903 (the Act). The instrument commences on the day after it is registered and is a legislative instrument for the purposes of the Legislation Act 2003 (Legislation Act).

Background

The Act prescribes the control, administration, constitution and service of the Australian Defence Force. Part VIA of the Act allows for certain powers to be exercised by defence security officials and special defence security officials to enhance the security of defence bases, facilities, assets, and personnel within Australia in response to the changing nature of security threats.

Under subsection 71A(1) of the Act, a defence security official is defined to mean a contracted defence security guard, a security authorised member of the Defence Force (SAMDF) or a defence security screening employee. For a person to be a SAMDF, the person must meet the requirements of subsection 71C(1) of the Act. These requirements include that a person:

is a member of the Defence Force;
is authorised, or part of a class of persons authorised, under subsection 71C(2) of the Act; and
satisfies the training and qualification requirements determined under subsection 71C(4) of the Act.

Subsection 71C(4) of the Act sets out that the Minister must, by legislative instrument, determine the training and qualification requirements for a SAMDF. Additionally, subsection 71C(5) provides that different training and qualification requirements may apply to different kinds of SAMDF.

Purpose

Paragraph 71C(5)(b) provides the Minister must determine the training and qualification requirements that apply to security authorised members of the Defence Force in relation to the use of dogs as referred to in section 72M. The purpose of the instrument is to determine the training and qualification requirements that a person must satisfy in order to be a Military Working Dog Handler (MWDH). A MWDH is a kind of SAMDF for the purposes of subsection 71C(5).

Setting out training and qualification requirements that a person must satisfy prior to becoming a MWDH ensures there are appropriate measures in place on the safe exercise of powers under Part VIA of the Act. Division 6 of Part VIA of the Act sets out matters relating to the exercise of powers for security of defence premises. Under section 72M of the Act, a SAMDF may, if the security authorised member considers it is reasonably necessary to do so, use a dog:

to assist a defence security official to conduct a search (including a limited search) under Part VIA of the Act; or
to assist a defence security official to restrain or detain, or remove, a person under this Part VIA of the Act; or
to assist a member of the Defence Force to arrest a person under section 72P of the Act (which deals with trespass); or
to assist a defence security official to perform a function or exercise a power under Part VIA of the Act.

The training and qualification requirements ensure that the MWDH has the competence to exercise their powers appropriately and not trespass unduly on personal rights and liberties when required to perform security functions on defence premises.

The instrument also repeals the Defence (Security Authorised Members—Military Working Dog Handlers: Training and Qualification Requirements) Determination 2015. Consistent with subsection 33(3) of the Acts Interpretation Act 1901, as the Act confers a power to make a legislative instrument under subsection 71C(4), this power is construed as including a power to repeal such instrument.

Details of the instrument

Details of the instrument are set out in Attachment A.

Consultation

Consultation was undertaken with the relevant workforce areas and stakeholders within the Department of Defence, including subject matter experts from Royal Australian Air Force and Australian Army. External consultation was not considered necessary given that the training and qualification requirements only impact defence operations.

Parliamentary scrutiny

The instrument is subject to disallowance under section 42 of the Legislation Act.

A Statement of Compatibility with Human Rights has been prepared in accordance with subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement provides that the instrument is compatible with human rights because to the extent that it may limit human rights, those limitations are necessary, reasonable and proportionate. The Statement is included at Attachment B.

The instrument is made by Deputy Chief of Army as a delegate of the Minister for Defence in accordance with the requirements of subsection 71C(4) of the Act.

Attachment A

Details of the Defence (Security Authorised Member of the Defence Force—Training and Qualification Requirements for Military Working Dog Handlers) Determination 2026

Section 1 Name

This section provides the name of the instrument is the Defence (Security Authorised Member of the Defence Force—Training and Qualification Requirements for Military Working Dog Handlers) Determination 2026.

Section 2 Commencement

This section provides the instrument commences on the day after it is registered.

Section 3 Authority

Section 3 provides that this instrument is made under subsection 71C(4) of the Defence Act 1903 (the Act). Subsection 71C(4) of the Act provides that the Minister must, by legislative instrument, determine the training and qualification requirements for a security authorised member of the Defence Force (SAMDF).

Section 4 Definitions

Section 4 provides that in the instrument ‘security authorised member of the Defence Force’ has the same meaning given by section 71C of the Act.

The note under section 4 provides that paragraph 71C(5)(b) of the Act provides that the Minister must determine training and qualification requirements that apply to SAMDF in relation to the use of dogs as referred to in section 72M of the Act.

Section 5 Training and qualification requirements

Section 5 of the instrument sets out the training and qualification requirements for a person who is a SAMDF. As set out in subsection 71C(5) of the Act, different training and qualification requirements may apply to different kinds of SAMDF. As set out in paragraph 71C(5)(b), the Minister must also determine the training and qualification requirements that apply to SAMDF in relation to the use of dogs referred to in section 72M.

Subsection 5(1) provides that section 5 sets out the training and qualification requirements that a person must satisfy to be a SAMDF who is a Military Working Dog Handler (MWDH). A MWDH is a specialised type of sub-category of SAMDF which is reflected in the specialised training and qualification requirements that must be met.

Subsection 5(2) provides that the person must satisfy the training requirements of an Identification and Search Warden (ISW), which is another specialised type of sub-category of SAMDF. Subsection 5(2) requires the person to satisfy the training requirements of an ISW, which are set out in subsections 5(2) and 5(3) of the Defence (Security authorised member of the Defence Force—Training and qualification requirements for Identification and Search Wardens) Determination 2025 (ISW Determination).

Requiring a MWDH to complete the training requirements of an ISW ensures that the person completes the Security Authorised Members of the Defence Force – Identification and Search Warden Course (SAMDF-ISW Course), and the necessary annual refresher training prescribed under subsection 5(3) of the ISW Determination.

The SAMDF-ISW Course is a specialised Defence Force training course designed to provide selected Australian Defence Force members with the knowledge, skills and attitudes required to conduct identification, search and seizure activities as part of security arrangements for defence premises. MWDHs must complete the SAMDF-ISW Course to ensure that the MWDH is trained in the exercise of their powers as a special defence security official under the Act.

The MWDH is also required to successfully complete annual refresher training prescribed by subsection 5(3) of the ISW Determination. This training is comprised of Defence Security Official – Roles and Responsibilities (Module 1); Defence Annual Security Awareness; and Operational Safety Training recertification including scenario based training to test the practical application of powers exercisable by a SAMDF who is an ISW. This training is designed to refresh or update the skills and knowledge the MWDH needs to perform the duties of a SAMDF who is an ISW.

Subsection 5(3) provides the qualifications that a person who is a member of the Royal Australian Air Force must have in order to be a MWDH. Paragraph 5(3)(a) provides the person must have successfully completed the Military Working Dog Handler Basic Course. The MWDH Basic Course provides specialised canine training for a person to become a MWDH. The course utilises assessments to ensure the MWDH is able to proficiently, for example, command the dog to heel, stay, release on command, and conduct a search. The MWDH Basic Course includes training to educate personnel on canine psychology, health and welfare, and first aid.

Paragraph 5(3)(b) provides the person must also have, while working with an assigned dog as a military working dog team—been assessed by the manager of a military working dog section in the Royal Australian Air Force as proficient at the operational level of capability. To ensure that both the person and the military working dog are trained and assessed to escalate and de-escalate the use of a military working dog as a use of force option, the military working dog team must have been assessed as proficient at the operational level of capability. The difference in the assessment process and criteria for the military working dogs referred to in subsections 5(3) and (4) results from how each military working is utilised.

Subsection 5(4) provides the qualifications that a person who is a member of the Australian Army and is assigned an explosive detection dog must have in order to be a MWDH. Paragraph 5(4)(a) provides the person must have successfully completed the Australian Army Explosive Detection Dog Basic Handler Course. Paragraph 5(4)(b) provides the person must also, while working with an assigned dog as a military working dog team—been assessed by the manager of a military working dog section in the Australian Army as proficient at the minimum level of capability.

Subsection 5(5) provides the annual training requirements a MWDH must successfully complete every 12 months. Military working dogs utilised by the Royal Australian Air Force and Australian Army are separate capabilities. The respective requirements for each military working dog capability are provided in paragraphs 5(5)(a) and (b).

Paragraph 5(5)(a) provides that a person who is a member of the Royal Australian Air Force must successfully complete the Military Working Dog Proficiency Assessment every 12 months. This assessment encompasses both basic exercise and obstacles and tactical exercises, which includes scenario based activities designed to ensure the MWDH maintains competency and proficiency.

Paragraph 5(5)(b) provides that a person who is a member of the Australian Army, who is assigned an Explosive Detection Dog, must successfully complete the Explosive Detection Dog Continuation Training every 12 months. This training is the annual operational certification, specifically designed for Explosive Detection Dogs.

These training and qualification requirements provide MWDHs the appropriate education and experience to use their judgment to determine whether it is reasonably necessary to use a dog in the circumstances prescribed by section 72M of the Act.

Section 6 Schedules

Section 6 provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the relevant Schedule and other items in the Schedules have effect according to its terms.

Schedule 1—Repeals

Schedule 1 to the instrument repeals the Defence (Security Authorised Members—Military Working Dog Handlers: Training and Qualification Requirements) Determination 2015.

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Defence (Security Authorised Member of the Defence Force—Training and Qualification Requirements for Military Working Dog Handlers) Determination 2026

This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Instrument

The Defence (Security Authorised Member of the Defence Force—Training and Qualification Requirements for Military Working Dog Handlers) Determination 2026 (the instrument) sets out the training and qualification requirements a person must satisfy in order to be a security authorised member of the Defence Force (SAMDF) who is a Military Working Dog Handler (MWDH).

The Defence Act 1903 (the Act) prescribes the control, administration, constitution and service of the Australian Defence Force. Part VIA of the Act allows for certain powers to be exercised by defence security officials and special defence security officials to enhance the security of defence bases, facilities, assets, and personnel within Australia in response to the changing nature of security threats.

Relevantly, for a person to be a SAMDF, the person must meet the requirements of subsection 71C(1) of the Act. These requirements include that a person:

is a member of the Defence Force;
is authorised or part of a class of persons authorised under subsection 71C(2) of the Act; and
satisfies the training and qualification requirements determined under subsection 71C(4) of the Act.

Human rights implications

The instrument engages the following rights:

The right to work, including technical and vocational guidance and training programs, policies and techniques to achieve development and employment under conditions safeguarding individual freedom, per Article 6(2) of the International Covenant on Economic, Social and Cultural Rights (ICESCR); and
The right to just and favourable conditions of work, including safe and healthy working conditions, per Article 7(b) of the ICESCR.

The right to work—including technical and vocational guidance and training programs, policies and techniques

The instrument will engage and promote the right to work through the provision of vocational guidance and training, as it prescribes the formal training and qualification requirements that a MWDH must satisfy. These requirements ensure Australian Defence Force (ADF) members acquire the necessary skills and competencies to effectively carry out their professional duties.

This also aims to enhance the employability of ADF members by providing the necessary training and qualifications to access and sustain employment and long-term career opportunities, which in turn ensures that ADF members can engage in meaningful work. On this basis, the instrument directly contributes to promoting the right to work.

The right to just and favourable conditions of work, including safe and healthy working conditions

The instrument will engage and promote the right to work in safe and healthy work conditions and environments as it ensures that ADF members are adequately prepared to carry out their responsibilities safely and effectively. Proper training and qualification requirements reduce workplace hazards, promote a positive and supportive workplace culture for defence personnel and enhances the security of defence access control points, defence premises and defence assets. On this basis, the instrument directly contributes to promoting the right to just and favourable conditions of work.

Conclusion

The instrument is compatible with human rights because it promotes the protection of human rights.

Administered by Department of Defence

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