EXPLANATORY STATEMENT
Defence Act 1903
DEFENCE (SECURITY AUTHORISED MEMBERS – TRAINING AND QUALIFICATION REQUIREMENTS) DETERMINATION 2013
GENERAL SUMMARY
Introduction
Part VIA of the Defence Act 1903 (the Act) allows for certain powers that may be exercised by three identified classes of persons who will perform a security role at Defence premises, namely Defence contracted security guards, Defence security screening employees and security authorised members of the Defence Force. Collectively these categories of persons are referred to as Defence security officials. This instrument deals with the training and qualification requirements of security authorised members of the Defence Force.
Legal authority for instrument
Subsection 71C (4) of the Act provides that the Minister must, by legislative instrument, determine the training and qualification requirements for security authorised members of the Defence Force.
Subsection 71F (2) of the Act provides that the Minister may, by writing, delegate the Minister’s power under subsection 71C (4) to:
(a) an officer of the Army who holds the rank of Brigadier or a higher rank; or
(b) an officer of the Navy who holds the rank of Commodore or a higher rank; or
(c) an officer of the Air Force who holds the rank of Air Commodore or a higher rank.
The Minister delegated this power for the training and qualification requirements for security authorised members of the Defence Force to the Deputy Chief of Army, rank of Major General, on 30 April 2012.
Reasons for making the instrument
This instrument determines the training and qualification requirements for security authorised members of the Defence Force. It will bring into effect another security layer and safeguard associated with the exercise of powers under the Act. It will ensure that security authorised members of the Defence Force, exercise their powers reasonably and appropriately while performing security functions on Defence premises.
Consultation
Defence gave a commitment to Parliament that the Australian Federal Police (AFP) would be consulted to assist in identifying the appropriate training and qualification requirements for security authorised members of the Defence Force. Consultation with the AFP has been undertaken throughout the development of the Base Security Improvement Program including the development of the Armed Security Warden training package. An AFP letter to DCA on 22 Oct 12 states that “the AFP has been pleased to support the Department of Defence…by attending their many workshops and exercises over the past twelve months. As a result of this close working relationship between the Departments, the AFP is comfortable in providing assistance with the enhancement of base security through the delivery of two lessons and the interoperability discussions utilising the resident AFP officers”.
Internal Defence consultation includes Defence Security Authority, Defence Legal, Defence Support and Reform Group (in particular integration with the Base Security Improvement Program for implementation and sustainment resourcing). The consultation is reflected in the Base Security Improvement Program Steering and Working Group minutes as well as formal correspondence between Defence Groups.
Details of the instrument are outlined in Attachment 1.
The Act specifies no condition that must be met before the power to make the instrument may be exercised.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commences on the day after registration.
Attachment 1
DEFENCE (SECURITY AUTHORISED MEMBERS – TRAINING AND QUALIFICATION REQUIREMENTS) DETERMINATION 2013
SPECIFIC PROVISIONS
Item 5 Training Requirements
(1) This item under Part VIA of the Act determines the training requirements, by this legislative instrument, for a security authorised member of the Defence Force who is in a base armed response team.
(2) This item provides that security authorised members of the Defence Force must have successfully completed training that is approved by:
a) an officer of the Army who holds the rank of Brigadier or a higher rank;
b) an officer of the Navy who holds the rank of Commodore or a higher rank; or
c) an officer of the Air Force who holds the rank of Air Commodore or a higher rank.
The training for a security authorised member of the Defence Force has been designed within the Army training framework as a National Registered Training Organisation. A training needs analysis was conducted to determine the nature of competencies to be included in the training management package to meet legislative and practical requirements of the role. Defence will ensure all security authorised members of the Defence Force will have undertaken training in accordance with the training management package prior to commencement of duties.
(2)(a) This item refers to the relevant sections under Part VIA of the Act to ensure security authorised members of the Defence Force are aware from their training, of their roles and limitations in exercising powers under this Part. The training includes the roles and interactions with other policing bodies under the relevant laws.
(2)(b) This item refers to the relevant sections under Part VIA of the Act and provides that security authorised members of the Defence Force are familiar with the daily security functions at Defence premises as well as the role and support provided by Australian Federal Police – Protective Services, state police and other emergency response organisations. This item ensures that Defence security officials are able to work in an integrated manner with supporting agencies to provide security, policing and the response effect for Defence premises.
(2)(c) This item refers to the need for security authorised members of the Defence Force to be familiar and trained with the security policies and protocols within the Defence Department.
(2)(d) This item is to ensure security authorised members of the Defence Force are trained and understand appropriate response actions from Defence security alert systems.
(2)(e) This item ensures that the role of the security authorised members of the Defence Force is to provide protection to the general base population.
The intention of this component of training is to ensure that security authorised members of the Defence Force are aware of the legal interpretation of circumstances that permit or do not permit the use of force. Defence’s intention is to reinforce the role to “protect the general base population” while outlining that the use of any force must be as low as is reasonably practicable and as a last resort based on the individual circumstances.
Defence intends to achieve this by providing mechanisms for the security authorised members of the Defence Force to use the minimum reasonable and necessary force in the prevailing circumstances. The training provides a standardised response system using specified orders for use of force in a domestic environment that are aimed to achieve consensual cooperation.
The principle of proportionality requires Defence not to take any action that exceeds that which is required to achieve the objective of the Government. Security authorised members of the Defence Force are trained to only use reasonable and necessary force as a last resort in response to a threat to people on Defence premises.
(3) This item refers specifically to ensuring security authorised members of the Defence Force receive appropriate guidance from the Australian Federal Police and legal professionals in the principles regarding the use of reasonable and necessary force.
Defence Lawyers and Australian Federal Police have been engaged in the development process of armed security warden training. The intention of this part is to ensure that familiarisation training on Part VIA of the Act is comprehensive and legally sound. Defence has structured armed security warden training to include specific legal training on Part VIA of the Act as well as providing a range of scenarios.
(4) This item provides that security authorised members of the Defence Force undertake approved and qualified training designed to maintain and update their skills and knowledge regarding community expectations, organisational policies, guidelines and procedures. This training is to be undertaken at least annually.
Item 6 Qualification requirements
(1) This item under Part VIA of the Act determines the qualification requirements, by legislative instrument, for a security authorised member of the Defence Force who is in a base armed response team.
(2)(a) A first aid qualification is a mandatory requirement for security authorised members of the Defence Force. The intention is for them to be able to administer qualified basic first aid as required.
(2)(b) It is a requirement for Defence members to hold a minimum Defence security clearance to ensure that only those people recognised as suitable obtain and retain security clearance and access. The security authorised members of the Defence Force must hold a security clearance necessary to maintain knowledge of the base armed response procedures. This provides Defence with a screening mechanism under the national security vetting processes and ensures members are fit and proper persons.
(2)(c) The intention of this component is to ensure that security authorised members of the Defence Force maintain competency and proficiency qualifications in the safe handling procedures in the use of assault weapons. Defence has established mechanisms for routine assessment of competency with in-service weapons. Security authorised members of the Defence Force will be required to maintain weapon competency in accordance with individual readiness requirements.
(2)(d) The intention of this component is to ensure a level of maturity in decision making of security authorised members of the Defence Force. It is likely that a security authorised member of the Defence Force may be tasked to provide leadership to other members of the base armed response team as well as situational awareness reports to commanders on Defence premises. Defence members selected to be trained as security authorised members of the Defence Force must have completed one of the following prior to attending the armed security warden training:
(a) Junior leadership competency for sailors, soldiers or airmen; or
(b) Basic leadership competency for officers.
(2)(e) This item refers to Part VIA of the Act and provides that any Defence security official, including a security authorised member of the Defence Force must carry a form of identity card that is in a form approved in writing by the Secretary of Defence and contains a recent photograph of the defence security official.
The intention of this requirement is to ensure Defence meets the safeguards and security screening processes of appointing members as security authorised members of the Defence Force, specifically that the member has met all the training and qualifications under this legislative instrument.
(3) This item refers to the various names applied to junior and basic leadership qualification across the three arms of the Defence Force: Navy, Army and Air Force.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
DEFENCE (SECURITY AUTHORISED MEMBERS – TRAINING AND QUALIFICATION REQUIREMENTS) DETERMINATION 2013
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
Part VIA of the Defence Act 1903 (the Act) allows for certain powers that may be exercised by three identified classes of persons who will perform a security role at Defence Premises, namely Defence contracted security guards, Defence security screening employees and security authorised members of the Defence Force. Collectively these categories of persons are referred to as Defence security officials.
This instrument deals with the training and qualification requirements of security authorised members of the Defence Force.
Human rights implications
This instrument engages the following human rights:
The right to work – includes technical and vocational guidance and training programs, policies and techniques to achieve development and employment under conditions safeguarding individual freedom. Article 6(2) of the International Covenant on Economic, Social and Cultural Rights (ICESCR)
This instrument will engage and promote the vocational guidance and training as it sets out formal training and qualification requirements for security authorised members of the Defence Force.
The training for a security authorised member of the Defence Force has been designed within the Army training framework as a National Registered Training Organisation. A training needs analysis was conducted to determine the nature of competencies to be included in the training management package to meet legislative and practical requirements of the role. Defence undertakes that all security authorised members of the Defence Force will have undertaken training in accordance with the training management package prior to commencement of duties.
The right to just and favourable conditions of work, including safe and healthy working conditions - Article 7(b) of the ICESCR
This instrument will engage and promote safe and healthy work conditions and environment as it gives effect to Government initiatives to enhance the security of Defence premises and its personnel. The training and qualifications requirements will contribute to this security layer by ensuring that security authorised members of the Defence Force will have successfully completed a program of training and qualifications. This is aimed at having these security officials professionally skilled and capable of responding with all reasonableness to security incidents on Defence premises.
A security authorised member of the Defence Force who has met the training and qualification framework will be appropriately skilled in providing a protective capability to Defence premises and its personnel.
Conclusion
This instrument is compatible with human rights because it promotes the protection of human rights.
Peter Gilmore, AO, DSC
Major General
Deputy Chief of Army