Parliament would have to approve sending troops to fight
Right now the government can send the Australian Defence Force overseas without a vote in Parliament. Greens Senator Jordon Steele-John wants both houses to have to agree first. There would be a short-term way around this in emergencies.
Official name: Defence Amendment (Parliamentary Approval of Overseas Service) Bill 2020
- Defence Force members could not be sent to serve overseas unless both houses of Parliament vote yes.
- In an emergency, troops could go first. But Parliament must be told within 2 days.
- Normal jobs overseas, like training, embassy work or buying gear, would not need a vote.
- The Senate voted the bill down in 2023. It was brought back in March 2026 and is being debated again.
Who it affects
- Members of the Australian Defence Force: They could only be ordered overseas into likely fighting if both houses of Parliament agree, or under an emergency order.
- The Prime Minister and the government: They would need Parliament's okay to send troops. They must explain any emergency order in writing.
- Members of Parliament and senators: They would get a vote on sending troops overseas. They would get regular reports while troops are away.
Troops sent without a vote
The Australian Defence Force is the army, navy and air force. Right now the government of the day can send its members overseas without a vote in Parliament.
Senator Jordon Steele-John brought this bill to the Senate on 7 December 2020. It is a private bill. That means it was written by an MP or senator who is not a government minister. A Parliamentary Library paper on another bill lists Senator Steele-John as a member of the Australian Greens.
The senator wrote notes to explain the bill. They say the aim is simple. Troops should not be sent overseas into war-like action unless both houses of Parliament agree. This should happen as far as the Constitution and real-life limits allow. The Constitution is the top set of rules for how Australia is run.
The bill is a new version of one first brought to the Senate in 1985. That one came from Senator Colin Mason of the Australian Democrats, a smaller party at the time. The new version adds more detail about emergencies. It also adds what the public and Parliament must be told.
Both houses vote yes
The bill adds a new section 29A to the Defence Act 1903, the main law for the Defence Force. It says Defence Force members can be made to serve inside Australia as usual.
To make them serve outside Australia, both houses must agree to a resolution. A resolution is a formal decision that a house votes on. The two houses are the House of Representatives and the Senate.
Say the government wants to send troops to help in a war in another region. Under this bill, most members of the House would first need to vote for it. Most senators would need to vote for it too.
The emergency exception
Sometimes there is no time to wait for a vote. The bill lets the Governor-General declare an emergency. The Governor-General is the King's representative in Australia. This is done by a formal notice called a Proclamation. Troops could then go straight away.
The Governor-General can only do this if the Prime Minister asks in writing. The Prime Minister must explain the emergency. They must say why it is not practical to ask Parliament first.
Both the Proclamation and the Prime Minister's letter must be made public within 24 hours.
Within 2 days, both houses must get a report. It must include the letter, the reasons for sending troops and the legal basis. It must also say where troops will go, how long they will stay and how many will be sent.
When Parliament is not sitting
Say either house has stopped meeting for more than 2 days. Its presiding officer must call it back within 2 days of the Proclamation. The presiding officers run each house. They are the Speaker of the House and the President of the Senate.
Sometimes Parliament is prorogued. That means the session has been formally closed. Then the emergency order ends after 7 days. The government cannot make the same order again until Parliament next meets. So to keep troops away past 7 days, the government would have to call Parliament back.
During a national election there is no House of Representatives. Then the emergency order ends 7 days after the official date for the election results. That date is called the return of the writs. The senator's notes say Australia can be without a full Parliament for up to 140 days during an election.
Regular reports on troops
While troops are away under this rule, the Defence Minister must report to both houses every two months. Reports are due on the first day Parliament meets after the start of February, April, June, August, October and December.
Each report must say how the mission is going and if it is legal. It must say how big it is and how long it may last. It must say what is being done to end the problem that caused it. It must also say if there is any reason Parliament should not vote to end it.
Service that needs no vote
Some normal work overseas would not need a vote. This covers members on short-term loan to another country's forces. It also covers those working in an Australian embassy or consulate. A consulate is a smaller office that helps Australians overseas.
It also covers service on an Australian ship or plane that is not in fighting, or likely to be. Travel for study or training is left out. So are trips to buy gear or supplies.
The senator's notes say the rule is meant to cover more than war. Any other service on land overseas could lead to fighting, so it would need a vote. Some regular overseas work might fall outside the list. Then the government should give Parliament a list of it and ask for one vote.
Waiting in the Senate
If passed, the law would start on the day the Governor-General signs it into law.
The bill was brought in on 7 December 2020. It was debated in the Senate on 30 August 2021. It died when Parliament ended in July 2022. It was brought back two days later.
On 29 March 2023 the Senate voted against the main idea of the bill. That stopped it at that stage. It was put back on the Senate's list on 11 March 2026. The debate on its main idea started again and was held on 25 March 2026.
It is still before the Senate. To become law it would need to pass the Senate and then the House of Representatives.
Its journey through Parliament
| 07 Dec 2020 | Senate: Introduced and read a first time |
| 07 Dec 2020 | Senate: Second reading moved |
| 30 Aug 2021 | Senate: Second reading debate |
| 25 Jul 2022 | Senate: Lapsed at end of Parliament |
| 27 Jul 2022 | Senate: Restored to Notice Paper |
| 29 Mar 2023 | Senate: Second reading debate |
| 29 Mar 2023 | Senate: Second reading negatived |
| 11 Mar 2026 | Senate: Restored to Notice Paper |
| 25 Mar 2026 | Senate: Second reading moved |
| 25 Mar 2026 | Senate: Second reading debate |