Australian Government Crisis Management Framework (AGCMF)

Key legislation

LegislationDescription
National Emergency Declaration Act 2020
  • The making of a NED signals to the Australian community – and to all levels
  • A NED can be made for a period of up to 3 months, and can be extended by the Governor-General for periods up to 3 months.
  • The Governor-General may declare a national emergency, on advice of the Prime Minister, in certain circumstances, including if the Prime Minister is satisfied that an emergency (whether occurring in or outside Australia) is causing harm that is nationally significant in Australia or in an Australian offshore area.
  • PM&C, the Department of Home Affairs and NEMA are responsible for providing advice on operational and legal policy matters relevant to the Act, including preparing advice for the Prime Minister about making a declaration. The process for making a NED, including legal thresholds and consultation requirements, is outlined in the National Emergency Declaration Aide-Mémoire, maintained by PM&C.
Part IIIAAA of the Defence Act 1903 (Defence Force Aid to the Civil Authority)
  • Sets out of the statutory process for Defence Force Aid to the Civil Authority (DFACA) ‘Call Out’ of the Australian Defence Force (ADF) to protect Commonwealth interests or states and territories against ‘domestic violence’ as defined by the Act. Part IIIAAA is used in circumstances where the ADF may be required to use force.
  • The Governor-General may make a decision to call out the ADF on the advice of the authorising ministers, being the Prime Minister, Minister for Defence and Attorney-General.
  • Defence’s policy framework for Part IIIAAA is the Defence Policy Guide:
    Threshold for call out of the Australian Defence Force and Guidelines for requesting support from the Australian Defence Force (Call Out) under Part IIIAAA of the Defence Act 1903 by States and Territories.
  • Separately, Defence can provide assistance to civilian agencies where there is no contemplated use of force through Defence Assistance to the Civil Community (DACC). The Defence Assistance to the Civil Community Policy and the Defence Assistance to the Civil Community Manual are the policy frameworks for DACC.
Section 28 of the Defence Act 1903 (Reserve Call Out)
  • Provides Defence access to additional human resources beyond the permanent forces and those Reservists who have volunteered to support a crisis response.
  • The Minister responsible for Defence, after consultation with the Prime Minister, may recommend the Reserve Call Out to the Governor-General.
  • The Reserve Call Out may not be an appropriate mechanism for responding to a crisis and is not tethered to a NED.
Biosecurity Act 2015
  • The Governor-General may make a biosecurity emergency declaration if the Minister responsible for Agriculture is satisfied that the declaration is necessary to prevent or control the establishment or spread of the disease or pest under Chapter 8 Part 1 of the Act.
  • Minister responsible for Health may exercise powers relevant to the management of a human health biosecurity risk under Chapter 8 Part 2 of the Act.
  • Minister responsible for Agriculture or Director of Biosecurity, may exercise powers to manage biosecurity risks including monitoring, control and response during a biosecurity emergency period under Chapter 8 Part 1 of the Act. These may be exercised anywhere in the Australian territory, as defined by the Act.