BY DAMIEN LAWSON
SYDNEY — With no media attention or public discussion, the federal Coalition government is using the Olympics to justify sweeping new powers which allow the military to suppress domestic unrest in Australia.
Under the pretext of ensuring public safety during the Olympics, the Defence Legislation Amendment (Aid to the Civilian Authorities) Bill will establish the legal and political basis for using troops to suppress political disturbances, seriously undermining the centuries-old principle that the armed forces should not be mobilised against the civilian population.
The bill was passed through the House of Representatives with ALP support on June 28. It is due to be voted on in the Senate this week.
The bill authorises the prime minister, defence minister and the attorney-general to advise the governor-general (the commander-in-chief of the armed forces) to call out military personnel to deal with "domestic violence" that is considered a threat to the nation or to an Australian state or territory.
"Domestic violence" is an undefined expression derived from section 119 of Australia's constitution which was intended to cover civilian disorder that the state police forces are incapable of putting down.
Today, the term "domestic violence" is widely interpreted to mean more than just "terrorism" and can include strikes, political demonstrations or riots. It is possible that the term will be interpreted to include protests at the Olympics and at the World Economic Forum meeting in Melbourne in September.
Section 119 of the constitution enables the federal government to act only on the application of the state's government. However, the new bill will allow a military call-out where the three ministers are satisfied that domestic violence is occurring "or is likely to occur" that will affect "Commonwealth interests" (also undefined), regardless of whether there is a request by a state or territory government.
The new bill does not allow military personnel to stop or restrict "lawful protest or dissent", but most political demonstrations can be rendered "unlawful" simply by refusal of official permission.
Once deployed, the military forces will have wide-ranging powers to seize premises, places and means of transport, detain people, search premises and seize things.
The most disturbing measures, however, are those on the use of "reasonable and necessary force". In essence, these will allow military personnel to kill or inflict grievous bodily harm where they believe "on reasonable grounds" that such action is necessary to protect the life of, or prevent serious injury to, another person, including military personnel.
Both the government and ALP opposition have claimed that the bill merely codifies the law that already exists, but the purpose of this section is to shield military personnel from actions or prosecution for assault, false imprisonment and homicide. As legal commentators have warned, without such legal protection, soldiers could, for example, face murder charges if they killed someone in the course of quelling a civil disturbance, even if they were acting under superior orders.
The bill will be a further increase in the para-militarisation of policing in Australia and a significant further step by the military into domestic politics.
For more information, phone Damien Lawson on 0418 140 387.