Extending Federal Powers !

The Australian Constitution is very clear on the separation of power between the Commonwealth and the States.  The Founding Fathers drew a demarcation line between the responsibilities of the police and that of the Australian army.  The police are under the command of the various state governments while the army is controlled by whoever is in power in Canberra.

We have just had a situation where these control lines were put to a test.  A combination of drought and enhanced temperatures caused bushfires to rage out of control in four of the adjoining Australian states.  Bringing them under control was handled by volunteer rural fire services in each state and the situation was complex because the fires constantly crossed state borders.

Eventually, the prime minister ordered the deployment of our armed services to supply both the numbers and the specialised equipment needed to not only fight the fires but to recue people stranded on beaches when the encircling fire threatened their lives.  This did not happen sooner because the Federal government does not have the power to issue that command unless it has been requested by the relevant state government.

In the aftermath of the fires, the prime minister is suggesting that the Commonwealth needs executive power to declare a national state of emergency with clear authority and appropriate safeguards for Commonwealth action  on the prime ministers initiative , including the deployment of our defence forces.

For that to happen we would need a change in the Constitution, and that can be achieved by either a referendum or a negotiated agreement with all the state and Territory governments.  The states may be reticent in giving away that protection even though a compelling case can be constructed for its need.

During the Sydney Lindt café siege both ASIO and the army snipers were unused and the siege dragged on for many hours because of uncertainty on the legal position if they were deployed.
Exhaustion became a factor as police stood ready hour after hour and eventually a police detachment from Queensland was flown in despite the army being ready and standing by in Sydney.   This was criticised at a later Royal Commission.

It is quite possible we are in the early stages of a world pandemic with this coronavirus raging in China  and spreading worldwide.  The medical authorities are hopeful that they may quickly develop a vaccine and if that happens it is the armed forces that have the means of transport and the numbers to supply and issue it nationwide.  It seems that this safeguard embodied in the Constitution prevents the use of our armed forces in a national emergency.

The Founding Fathers inserted that separated provision for a very valid reason.  Control of the people is the responsibility of state police and should a prime minister assume dictatorial powers the Constitution prevents the use of the army being superimposed to assume state powers.   That has happened in other world countries when a leader voted into office has refused to relinquish power when the term expires.

Perhaps a good reason to consider any extension of Commonwealth power with caution  !