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🏛 House of Representatives3 readingsAmendments circulated

Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) 2020

✦ Plain-English Summary

Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) 2020

What it does

This law makes it easier for the government to call up Reserve Defence Force members (part-time soldiers) during emergencies. It changes the process so the Governor-General can activate Reserves more quickly, and clarifies the conditions under which this can happen.

Why it matters

During natural disasters, pandemics, or other crises, having faster access to trained military personnel can help the government respond more effectively. The changes remove bureaucratic delays that might slow down this process when speed matters.

Key details

  • Who decides: The Minister for Defence now needs to consult the Prime Minister before calling up Reserves (this wasn't explicitly required before)

  • How it works: The Governor-General issues a "call out order" to activate Reserves for continuous full-time service during emergencies — no need to go through the old, slower approval process

  • When it started: The law came into effect the day after it received Royal Assent (it passed Parliament in 2020), and also includes changes to superannuation and legal protections for called-up Reserve members

Official Description

Amends the: Defence Act 1903 to: streamline the process for calling out members of the Australian Defence Force (ADF) Reserves, including for the purposes of responding to natural disasters or emergencies; and provide ADF members, other Defence personnel and members of foreign forces with immunity from criminal or civil liability in certain cases while performing duties to support civil emergency and disaster preparedness, recovery and response; Defence Reserve Service (Protection) Act 2001 to ensure that Reserve members who are subject to a Reserve Call Out Order will continue to receive the existing protections; and Australian Defence Force Cover Act 2015 , Australian Defence Force Superannuation Act 2015 and Military Superannuation and Benefits Act 1991 to ensure that Reserve members rendering continuous full-time service will receive the same entitlement to superannuation and related benefits regardless of whether it was voluntary or not.

Committee Referrals

Senate Standing Committee for the Scrutiny of Bills; Senate Foreign Affairs, Defence and Trade Legislation Committee

Full bill PDF →APH page →

Audit History

Introduced

3 Sept 2020

Last updated on APH

10 Apr 2026

Outcome date

17 Dec 2020

Last checked by Crossbench

4 days ago

Full text indexed

4 days ago

🗳️

No formal division recorded

This bill passed by voice vote — parliament agreed without calling a formal count. A division is only recorded when a member explicitly requests one.

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