Commonwealth legislation

Defence (Security authorised member of the Defence Force—training and qualification requirements) Determination 2023

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legislative instrument

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This determination sets mandatory training and qualification rules for Defence Force members authorised to carry arms as part of base armed response teams. It requires Defence‑organised training on legal powers (including Part VIA), policing/security arrangements, Department policies, alert systems and domestic use‑of‑force principles, with AFP and Defence legal input and annual refreshers (s4). It also requires current first aid, a Department security clearance, recent weapon‑competency assessment, leadership proficiency and special defence security official ID, and repeals the 2013 Determination (s5; Schedule 1).

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Defence (Security authorised member of the Defence Force—training and qualification requirements) Determination 2023

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Commonwealth Coat of Arms of Australia

Defence (Security authorised member of the Defence Force—training and qualification requirements) Determination 2023

I, Matt Thistlethwaite, Assistant Minister for Defence, Parliamentary Secretary to the Minister for Defence, make the following determination.

Dated 27 September 2023

Matt Thistlethwaite

Assistant Minister for Defence

Parliamentary Secretary to the Minister for Defence

Contents

1 Name

2 Commencement

3 Authority

4 Training requirements

5 Qualification requirements

Schedule 1—Repeals

Defence (Security Authorised Members—Training and Qualification Requirements) Determination 2013

1 Name

This instrument is the Defence (Security authorised member of the Defence Force—training and qualification requirements) Determination 2023.

2 Commencement

This instrument commences on the day after the instrument is registered.

3 Authority

This instrument is made under subsection 71C(4) of the Defence Act 1903 (the Act).

4 Training requirements

(1) This section sets out the training requirements a person must satisfy to be a security authorised member of the Defence Force who is in a base armed response team.

Note: security authorised member of the Defence Force is defined in section 71A of the Act.

(2) The person must have successfully completed training, organised by the Defence Force, that is designed to give the person familiarity with:

(a) the powers and responsibilities of a security authorised member of the Defence Force under:

(i) Part VIA of the Act; and

(ii) other relevant Commonwealth, State and Territory laws; and

(b) policing and security arrangements used in relation to defence premises; and

(d) the security alert system used by the Department; and

(e) when the use of force is reasonable and necessary in exercising powers as a security authorised member of the Defence Force who is in a base armed response team, including:

(i) the principles underpinning the use of force in a domestic environment; and

(ii) limitations on using force, including using force as a response of last resort and other limits on the use of force under Part VIA of the Act.

(3) The training must have included guidance from the Australian Federal Police and lawyers in the Defence Force about the principles mentioned in subparagraph (2)(e)(i).

(4) For each year after the person completes the training mentioned in subsections (2) and (3), the person must successfully complete training that is designed to refresh or update the knowledge the person needs to perform the duties of a security authorised member of the Defence Force who is in a base armed response team.

5 Qualification requirements

(1) This section sets out the qualification requirements a person must satisfy to be a security authorised member of the Defence Force who is in a base armed response team.

(2) The person must:

(a) hold a current qualification in first aid that provides basic emergency life support; and

(b) hold a current security clearance issued or recognised in accordance with the Department’s security policy; and

(d) hold a current qualification showing that the person has proficiency:

(i) as a junior leader for sailors, soldiers or airmen; or

(ii) in basic leadership for officers; and

(e) hold current identification as a special defence security official.

(3) The proficiency mentioned in paragraph (2)(d) may relate to one or more arms of the Defence Force.

Schedule 1—Repeals

Defence (Security Authorised Members—Training and Qualification Requirements) Determination 2013

1 The whole of the instrument

Repeal the instrument

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

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Defence (Security authorised member of the Defence Force—training and qualification requirements) Determination 2023

I, Matt Thistlethwaite, Assistant Minister for Defence, Parliamentary Secretary to the Minister for Defence, make the following determination.

Dated 27 September 2023

Matt Thistlethwaite

Assistant Minister for Defence

Parliamentary Secretary to the Minister for Defence

Contents

1 Name

2 Commencement

3 Authority

4 Training requirements

5 Qualification requirements

Schedule 1—Repeals

Defence (Security Authorised Members—Training and Qualification Requirements) Determination 2013

1 Name

This instrument is the Defence (Security authorised member of the Defence Force—training and qualification requirements) Determination 2023.

2 Commencement

This instrument commences on the day after the instrument is registered.

3 Authority

This instrument is made under subsection 71C(4) of the Defence Act 1903 (the Act).

4 Training requirements

(1) This section sets out the training requirements a person must satisfy to be a security authorised member of the Defence Force who is in a base armed response team.

Note: security authorised member of the Defence Force is defined in section 71A of the Act.

(2) The person must have successfully completed training, organised by the Defence Force, that is designed to give the person familiarity with:

(a) the powers and responsibilities of a security authorised member of the Defence Force under:

(i) Part VIA of the Act; and

(ii) other relevant Commonwealth, State and Territory laws; and

(b) policing and security arrangements used in relation to defence premises; and

(d) the security alert system used by the Department; and

(e) when the use of force is reasonable and necessary in exercising powers as a security authorised member of the Defence Force who is in a base armed response team, including: