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Government codifies rules on armed conflict decision making

Deputy Prime Minister and Defence Minister Richard Marles has confirmed that the Australian government has codified the practices to occur in the event of a decision to deploy the Australian Defence Force to an armed conflict overseas.

Deputy Prime Minister and Defence Minister Richard Marles has confirmed that the Australian government has codified the practices to occur in the event of a decision to deploy the Australian Defence Force to an armed conflict overseas.

The memorandum reaffirms that the decision to deploy ADF personnel into armed conflict is the prerogative of the executive government, while ensuring that Parliament has the opportunity to be informed and debate the deployment at the earliest opportunity to fulfil its important role in holding the government of the day to account for its decisions.

The government stressed that the defence of Australia, its people and its national interests is a government’s most important responsibility.

The government agreed in its response to the inquiry into international armed conflict decision making by the joint standing committee on foreign affairs, defence and trade to codify practices relating to informing the Parliament about these decisions.

In line with the government’s response, the memorandum provides that:

  • The prime minister and leader of the government in the Senate give a statement in both houses of Parliament at the earliest opportunity and within 30 days of the deployment to inform a timely debate on the decision by the executive.
  • A written statement be tabled in both houses of Parliament outlining the objectives of any deployment.
  • Regular updates be given to Parliament during active deployments.

The government stated, “The decision to engage in armed conflict is one of the most consequential options available to the government in meeting this responsibility.”

The memorandum has been published on the website of the Department of the Prime Minister and Cabinet at https://www.pmc.gov.au/resources/memorandum-government-conventions-armed-conflict and has also been tabled in Parliament.

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