Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Current HansardDownload Current Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Thursday, 31 August 2000
Page: 17047


Senator ELLISON (Special Minister of State) (10:22 AM) —Can I reiterate that the manual that Senator Brown is referring to is reflected in part 5 of the Australian Military Regulations 1927, which is headed `Duties in Aid of the Civil Power During Domestic Violence'. We have said on previous occasions that these regulations are antiquated and that they need clarification and revision. In fact, I am advised that these regulations will be repealed on the passing of this bill. I think that might have been a concern for the opposition. What we would have to do is redraft the provisions that Senator Brown is talking about to reflect the passing of this bill.

Can I also say that the member of the ADF would still have to carry out that guideline in accordance with the law, so all your provisions relating to self-defence would apply. That member of the ADF would be subject to those just as any other citizen is. So, if they were going to use force, it would have to be in accordance with the law, and we know what those provisions are. In the various states and territories, it would be under the Commonwealth Criminal Code or under common law and the provisions relating to self-defence or relating to an emergency where someone else's life is threatened. All the provisions which apply to all Australian citizens would apply to the members of the ADF. But I do stress that this manual reflects the regulations, which we say are outdated and which will be repealed and replaced with new ones on the passing of this bill.