Order to Call Out the Australian Defence Force Reserves [No. 2]

Overview

The Defence Act 1903, enacted in 1903, serves as the primary legislative framework governing the Australian Defence Force. The Act was introduced to establish and regulate the defence forces of the Commonwealth, ensuring they are organised, trained, and equipped to protect Australia and its interests. The Defence Act 1903 was enacted by the Commonwealth Parliament and aims to provide a legal basis for the mobilisation and deployment of defence forces in various scenarios, including civil aid, humanitarian assistance, and disaster relief. In this context, the Order to Call Out the Australian Defence Force Reserves, signed by the Governor-General and the Minister for Defence on 4 January 2020, illustrates the application of the Act to call upon Reserve members for continuous full-time service to provide essential aid and relief in response to specific needs as determined by the Chief of Defence Force. The Order, signed by General the Honourable David Hurley AC DSC (Retd), the Governor-General, and countersigned by the Minister for Defence, Linda Reynolds, highlights the practical implementation of the Defence Act 1903 in addressing urgent situations such as civil emergencies or natural disasters. This notifiable instrument demonstrates the flexibility of the Act in responding to contemporary challenges by utilising the capabilities of the Australian Defence Force Reserves. The policy objective remains to ensure that the Australian Defence Force is prepared to provide necessary assistance in times of crisis, reinforcing the commitment of the Commonwealth to safeguard the wellbeing and security of its citizens.

Scope and Application

The Order to Call Out the Australian Defence Force Reserves under the Defence Act 1903 applies specifically to Army Reserve members from Forces Command, as detailed in Schedule 1, for continuous full-time service to provide civil aid, humanitarian assistance, medical or civil emergency and disaster relief. This Order, issued by the Governor-General of the Commonwealth of Australia on the advice of the Minister for Defence, marks the activation of these reserve forces to address critical situations as designated by the Chief of Defence Force. The scope of the Order is confined to these particular members and their deployment for specified purposes, with the service period extending until the Order is revoked. The geographic reach of the Order is inherently national, as it involves the Australian Defence Force, an entity that operates across the Commonwealth of Australia. There are no stated exclusions or exemptions in this Order, and the application is direct without the need for subordinate instruments to extend or restrict its application.

Key Provisions

The key provisions of this Order to Call Out the Australian Defence Force Reserves under the Defence Act 1903 are contained within the main operative sections, most notably subsection 28(1) (subsection 28(4)(b) for the ministerial advice). Section 28(1) empowers the Governor-General to call out specified members of the Australian Defence Force Reserves for continuous full-time service. This call-out is specifically for the purpose of providing civil aid, humanitarian assistance, medical support, or civil emergency and disaster relief. The order specifies the commencement date and will remain in effect until revoked. The order is dated 4 January 2020 and signed by the Governor-General, General the Honourable David Hurley AC DSC (Retd), and countersigned by the Minister for Defence, Linda Reynolds. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily centred around the call-out of Australian Defence Force Reserves members for specified duties. The Army Reserve members from Forces Command, as detailed in Schedule 1, are required to respond to this call-out and serve continuously in full-time capacity. The Chief of Defence Force is responsible for specifying the exact nature of the service required. The Governor-General’s role is to issue the call-out order under the authority conferred by the Defence Act 1903, acting on the advice of the Minister for Defence. This ensures that the necessary military personnel are mobilised for the stated purposes of civil aid, humanitarian assistance, medical support, or disaster relief. The legislation also outlines the potential consequences for breaches of the provisions outlined in the Order. While specific offences, penalties, or consequences are not detailed in the text provided, it is reasonable to infer that any failure to comply with the call-out order or the specified duties could lead to disciplinary action under military law. Such breaches could result in civil or criminal penalties, depending on the nature and severity of the non-compliance. The Defence Act 1903, along with other relevant military laws, would govern the imposition of these penalties. Given the serious nature of the duties involved, the penalties could be substantial, reflecting the importance of adhering to the call-out requirements for the effective provision of aid and relief in critical situations.