The Commonwealth’s power to use the ADF to provide civil aid during disasters and pandemics

Date & time

02 September 2020 1:00pm - 2:00pm

Venue

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Event description

During the January bushfires, the Prime Minister observed that using the Australian Defence Force (ADF) to provide aid was ‘testing the limits of constitutionally defined roles and responsibilities’. The ‘Royal Commission into National Natural Disaster Arrangements’ was established to inquire into these limits.

This seminar will address the non-statutory executive power relied upon by the Commonwealth to provide such aid, including prerogative powers, the capacities of the Commonwealth as a legal person and the nationhood power. It will consider how they interact with the constitutional framework and the web of statutes that regulate the ADF, both in the context of natural disasters and the current pandemic.

Anne Twomey is a Professor of Constitutional Law at the University of Sydney. She has previously worked for the High Court of Australia, the Commonwealth Parliamentary Research Service, the Senate Legal and Constitutional Committee and The Cabinet Office of New South Wales.

Speakers

Distinguished Professor Asmi Wood, Australian National University Associate Professor Hannah McGlade, Curtin University Professor Megan Davis AC, University of New South Wales Associate Professor Harry Hobbs, University of New South Wales Associate Professor Sarah Moulds, University of South Australia Professor Emeritus Simon Rice, University of Sydney Dr Bill Swannie, Australian Catholic University Dr Liz Allen, Australian National University Distinguished Professor Suvendrini Perera, Curtin University Professor Dorota Gozdecka, University of Helsinki Associate Professor Jennifer Nielsen, Southern Cross University Dr Will Sanders & Dr Francis Markham, Australian National University Professor Dominique Allen, Monash University Assistant Professor Alice Taylor, Bond University Emerita Professor Margaret Thornton, Australian National University Professor Beth Goldblatt, University of Technology Sydney Associate Professor Cristy Clarke, University of Canberra