Order to Call Out the Australian Defence Force Reserves

Overview

The Defence Act 1903, enacted in 1903, provides the legal framework for the administration of the Australian Defence Force, including its reserves. The 2019 notifiable instrument, F2019N00098, is an Order to Call Out the Australian Defence Force Reserves under the authority of the Governor-General, General the Honourable David Hurley AC DSC (Retd), on the advice of the Federal Executive Council. This order was made to address the need for immediate deployment of reserves to provide civil aid, humanitarian assistance, medical or civil emergency or disaster relief. The order specifies the call-out of certain Army, Air Force, and Navy Reserve members for continuous full-time service for a period of ten days, unless revoked earlier, as detailed in Schedule 1 of the order. The policy objective behind this measure is to ensure that the Australian Defence Force reserves can be mobilised swiftly in response to significant civil emergencies or disasters, thereby supporting national security and public safety.

Scope and Application

The Order to Call Out the Australian Defence Force Reserves under the Defence Act 1903 applies to specific members of the Australian Defence Force Reserves, namely Army Reserve members from Forces Command, Air Force Reserve members from the Combat Support Group, and Navy Reserve members from Fleet Command, as outlined in Schedule 1. This Order, made by the Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council, mandates these reservists to provide their services for continuous full-time duty. The scope of this Order is limited to the provision of civil aid, humanitarian assistance, medical services, and civil emergency or disaster relief for a period of ten days, unless earlier revoked. This Order does not extend to any other members of the Australian Defence Force Reserves or those outside the specified commands, and it is geographically limited to the Commonwealth of Australia, affecting only those reservists called upon by the Chief of Defence Force. The Order does not include any stated exclusions or exemptions but is specifically tailored to address urgent national needs in the specified areas of service.

Key Provisions

The main operative sections of this Order under the Defence Act 1903 (section 28(1)) involve the Governor-General, acting on the advice of the Federal Executive Council, calling out specific members of the Australian Defence Force Reserves for continuous full-time service. These members, detailed in Schedule 1, include Army Reserve members from Forces Command, Air Force Reserve members from the Combat Support Group, and Navy Reserve members from Fleet Command. Their call-out is for a specified duration of ten days, intended to provide essential services such as civil aid, humanitarian assistance, medical support, or civil emergency and disaster relief. This directive is effective from the date of the Order unless earlier revoked. The obligations and requirements imposed by this Act on the specified parties include immediate readiness and deployment of the called-out Reserve members for the stated purposes. The Chief of Defence Force is responsible for determining the specifics of their deployment, ensuring that the members are effectively utilised to address civil aid, humanitarian needs, medical assistance, or disaster relief. This directive mandates that the Reserve members adhere to their duty as called-out personnel, ready to commence service without delay upon the issuance of the Order. In terms of potential breaches and the associated consequences, the Act does not explicitly detail offences or penalties within this Order. However, failure to comply with such an Order could potentially lead to disciplinary actions under military law, as outlined in the Defence Force Discipline Act 1982. These actions may include administrative penalties, loss of rank, or other punitive measures as deemed appropriate by the military authorities. Additionally, civil or criminal liability could arise if the actions of the Reserve members in executing their duties inadvertently cause harm or damage, subject to the general principles of Australian law.