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Defence FOI 354 1920 - documents in the form for …...Office of Head Defence Legal Defence Legal ... Hi Chloe, For Adrian’s urgent clearance. Cleared by A/DG, DGC, DALA and DLEG

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Page 1: Defence FOI 354 1920 - documents in the form for …...Office of Head Defence Legal Defence Legal ... Hi Chloe, For Adrian’s urgent clearance. Cleared by A/DG, DGC, DALA and DLEG
Page 2: Defence FOI 354 1920 - documents in the form for …...Office of Head Defence Legal Defence Legal ... Hi Chloe, For Adrian’s urgent clearance. Cleared by A/DG, DGC, DALA and DLEG
Page 3: Defence FOI 354 1920 - documents in the form for …...Office of Head Defence Legal Defence Legal ... Hi Chloe, For Adrian’s urgent clearance. Cleared by A/DG, DGC, DALA and DLEG
Page 4: Defence FOI 354 1920 - documents in the form for …...Office of Head Defence Legal Defence Legal ... Hi Chloe, For Adrian’s urgent clearance. Cleared by A/DG, DGC, DALA and DLEG
Page 5: Defence FOI 354 1920 - documents in the form for …...Office of Head Defence Legal Defence Legal ... Hi Chloe, For Adrian’s urgent clearance. Cleared by A/DG, DGC, DALA and DLEG

Defence FOI 354/19/20

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Defence FOI 354/19/20

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Defence FOI 354/19/20

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Defence FOI 354/19/20

Page 10: Defence FOI 354 1920 - documents in the form for …...Office of Head Defence Legal Defence Legal ... Hi Chloe, For Adrian’s urgent clearance. Cleared by A/DG, DGC, DALA and DLEG
Page 11: Defence FOI 354 1920 - documents in the form for …...Office of Head Defence Legal Defence Legal ... Hi Chloe, For Adrian’s urgent clearance. Cleared by A/DG, DGC, DALA and DLEG
Page 12: Defence FOI 354 1920 - documents in the form for …...Office of Head Defence Legal Defence Legal ... Hi Chloe, For Adrian’s urgent clearance. Cleared by A/DG, DGC, DALA and DLEG
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Defence Assistance to the Civil Community (DACC) [SEC=UNCLASSIFIED]

UNCLASSIFIED

Good afternoon LTCOL Copeland,

The attached Ministerial has been cleared by Head Defence Legal with some minor suggestedamendments on page two.

Kind regards,Chloe

Chloe MallonA/Ministerial and Media AdviserOffice of Head Defence LegalDefence Legal –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––Department of Defence | Associate Secretary GroupCampbell Park Offices CP2-4-040 | ACT

: 02 626 62302 | : [email protected] |

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

From: Rudziejewski, Anna MRS <[email protected]> Sent: Tuesday, 5 November 2019 4:20 PMTo: Head Defence Legal

Subject: RE: 191105 - Draft MINSUB - Calling Out Defence Force Reserves for EmergencyDefence Assistance to the Civil Community (DACC) [SEC=UNCLASSIFIED]Importance: High

UNCLASSIFIED

Hi Chloe,For Adrian’s urgent clearance. Cleared by A/DG, DGC, DALA and DLEG. Suggested amendment in

Defence FOI 354/19/20

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the attached.Kind regards,Anna.

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

From: Mullins, Darryn CAPT - RAN <[email protected]> Sent: Tuesday, 5 November 2019 3:48 PMTo: Rudziejewski, Anna MRS <[email protected]>

Subject: 191105 - Draft MINSUB - Calling Out Defence Force Reserves for Emergency DefenceAssistance to the Civil Community (DACC) [SEC=UNCLASSIFIED]

UNCLASSIFIED

Anna

I have inserted COL Cawte’s suggested change in the attached.

I agree his proposed change and this is cleared from me in my capacity as A/DG. I pass to you forGC clearance/consideration before progressing to HDL.

Regards

Captain Darryn Mullins, RAN | Director Operations and Security Law | Director Navy LegalService | CP2-3-082 | Campbell Park Offices, PO Box 7911, CANBERRA BC ACT 2610 | T: 02 62663746 | M: | E: [email protected] information contained in this transmission may be confidential information, and may also be thesubject of legal professional privilege. If you are not the intended recipient, you are notified that anyuse, interference with, disclosure, copying, retention or dissemination of any or all of thiscommunication or any attachments is unauthorised and prohibited. If you have received this email inerror, you are requested to contact the sender and delete the email.

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete the

Defence FOI 354/19/20

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email immediately.

From: Cawte, Richard COL <[email protected]> Sent: Tuesday, 5 November 2019 3:37 PMTo: Mullins, Darryn CAPT - RAN <[email protected]>;

D'Amico, Adrian MR 1<[email protected]>Subject: RE: Draft MINSUB - Calling Out Defence Force Reserves for Emergency DefenceAssistance to the Civil Community (DACC) [SEC=UNCLASSIFIED]

UNCLASSIFIED

Adrian, Anna, Darryn,

For your consideration

Richard

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

From: Copeland, Damian LTCOL <[email protected]> Sent: Tuesday, 5 November 2019 1:54 PMTo: Cawte, Richard COL <[email protected]>Cc: Mullins, Darryn CAPT - RAN <[email protected]>; Defence Legal DOIL

D'Amico, Adrian MR 1<[email protected]>Subject: FW: Draft MINSUB - Calling Out Defence Force Reserves for Emergency DefenceAssistance to the Civil Community (DACC) [SEC=UNCLASSIFIED]

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Importance: High

UNCLASSIFIED

COL Cawte

As discussed, attached for HDL clearance by 1600h today is the draft MINSUB regarding the callout of the Reserves for DACC tasks. My apologies for the short notice. I have just mentionedthis MINSUB to HDL as he walked into a meeting in R1.

Please let me know if you have any questions.

Damian

Damian CopelandLTCOLLegal AdvisorMilitary Strategic CommitmentsPh: +61 2 6266 7517 Mob:

IMPORTANT: Legal professional privilege can be claimed in respect of the above legal advice. Careshould be taken to avoid unintended waiver of that privilege. Unintended waiver can occur if theexistence or content of the advice is disclosed. Stating a view that is based on legal advice does notwaive privilege, providing the legal advice is not referred to or quoted from. If legal professionalprivilege is waived, the whole of the legal advice may have to be produced in litigation or under FOI.To keep this privilege, the purpose and content of this advice must only be disclosed to persons whohave a need to know and on the basis that those persons also keep it confidential.

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

From: Morscheck, Roland WGCDR <[email protected]> Sent: Tuesday, 5 November 2019 1:37 PMTo: Vanstralen, Letitia CAPT - RAN <[email protected]>; Johnstone, Simon BRIG<[email protected]>; Kooij, Kaarin GPCAPT <[email protected]>;Phillips, Thomas CAPT - RAN <[email protected]>Cc: Scott, Michael COL 7 <[email protected]>; Franklin, Dean COL 1<[email protected]>; Copeland, Damian LTCOL<[email protected]>; Richards, Katherine CDRE<[email protected]>; Duff, Andrew CMDR 3 <[email protected]>Subject: Draft MINSUB - Calling Out Defence Force Reserves for Emergency Defence Assistanceto the Civil Community (DACC) [SEC=UNCLASSIFIED]Importance: High

UNCLASSIFIED

Ladies and Gentlemen,

Defence FOI 354/19/20

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Please find attached a draft MINSUB concerning the use of Reserves in an emergency DACC ‘callout’.

A Reserve call up and (small scale) deployment exercise will be conducted by Army in the comingweek.

Request consultation and feedback at minimum O-6 level by 1600 today – apologies for theshort notice, but this is a fast evolving issue.

Many thanks,

Arnie

Roland MorscheckWing CommanderDeputy Director Domestic Military Strategic Commitments(02) 626 67514

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

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<[email protected]>Subject: RE: Request for Urgent HDL Clearance - Call Out of the Reserves [DLM=FOR-OFFICIAL-USE-ONLY]

For-Official-Use-Only

Sir, all,

I offer some minor edits to the attached documents. My main points are that:

Craig Deveney

Wing Commander (O5)Legal OfficerDirectorate of Operations and Security Law (DOSL)

ADF Legal Branch | Defence Legal DivisionCampbell Park Offices | CP2-3-067Tel: 02 6266 4990E-mail: [email protected]

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

From: Mullins, Darryn CAPT - RAN <[email protected]> Sent: Monday, 11 November 2019 12:03 PMTo: Deveney, Craig WGCDR <[email protected]>Cc: Cawte, Richard COL <[email protected]>; Copeland, Damian LTCOL<[email protected]>; Bowers, Peter CDRE <[email protected]>;

Oswald, Bruce COL<[email protected]>Subject: Fwd: Request for Urgent HDL Clearance - Call Out of the Reserves [DLM=FOR-OFFICIAL-USE-ONLY]

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Craig - can you look to this as a priority please.

Regards

Darryn MullinsCAPT, RANDirector Operations and Security LawDirector Navy Legal ServiceDefence Legal Division

Mob:

Sent from my iPad

Begin forwarded message:

From: "Copeland, Damian LTCOL" <[email protected]>Date: 11 November 2019 at 11:58:56 am AEDTTo: "Mullins, Darryn CAPT - RAN" <[email protected]>Cc: "Cawte, Richard COL" <[email protected]>, "D'Amico, Adrian MR1" <[email protected]>, "Bowers, Peter CDRE"<[email protected]>,

"Holder, Katherine LTCOL 1"<[email protected]>, "O'Donnell, Robyn LTCOL"<[email protected]>, "Carter, Adrian MAJ"<[email protected]>, "Boulton, Richard CDRE"<[email protected]>, "Scott, Michael COL 7"<[email protected]>, "Oswald, Bruce COL"<[email protected]>, "Morscheck, Roland WGCDR"<[email protected]>Subject: Request for Urgent HDL Clearance - Call Out of the Reserves [DLM=FOR-OFFICIAL-USE-ONLY]

For-Official-Use-Only

CAPT Mullins

As discussed this morning, as a result of busy start to the high risk weather seasonwith fires in NSW and QLD, the CDF has directed that some of the Reserves beready to be called out under the Defence Act 1903. HMSC has tasked me toprepare the ‘artefacts’ to enable a call out today.

I have drafted, with the assistance of LTCOL Holder, the attached documents to

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enable the call out under s.28:

• Minute Paper for the Executive Council;• Call Out Order; and• Explanatory Memorandum.

I request urgent HDL clearance (this afternoon) of these documents.

CDF has also directed that, to avoid calling out Reservists who are first respondersor simply unable to attend, that those who are able to be called out sign a ‘consent’to be called out. AHQ Legal are kindly assisting with the drafting of this documentand I will send it for clearance soon.

Please let me know if you have any questions.

Damian

Damian CopelandLTCOLLegal AdvisorMilitary Strategic CommitmentsPh: +61 2 6266 7517 Mob:

IMPORTANT: Legal professional privilege can be claimed in respect of the above legaladvice. Care should be taken to avoid unintended waiver of that privilege. Unintendedwaiver can occur if the existence or content of the advice is disclosed. Stating a viewthat is based on legal advice does not waive privilege, providing the legal advice is notreferred to or quoted from. If legal professional privilege is waived, the whole of thelegal advice may have to be produced in litigation or under FOI. To keep this privilege,the purpose and content of this advice must only be disclosed to persons who have aneed to know and on the basis that those persons also keep it confidential.IMPORTANT: This email remains the property of the Department of Defence.Unauthorised communication and dealing with the information in the email may bea serious criminal offence. If you have received this email in error, you arerequested to contact the sender and delete the email immediately.

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1

DEED POLLFOR THE CONSENT TO BE CALLED OUT

This DEED POLL is made on the ………........... day of ………..…………………………….. 20 ……….

This Deed witnesses:

I, ___________________________________________________________________________________, Full name of individual

of (address) _____________________________________________________________________________________

___________________________________________________________________ Postcode __________,

agree that:

1. I consent to be called out under section 28 of the Defence Act 1903 for continuous full timeservice.

2. I consent to be called out for (delete as appropriate):a. an indefinite period.b. the period between ______________________ and ______________________ inclusive.

3. I understand the call out order will be for civil aid, humanitarian assistance, medical or civilemergency and/or disaster relief.

4. I understand that once called out under section 28 of the Defence Act 1903, in accordance withsection 29 of the Defence Act 1903, including, but not limited to:a. I will be bound to render continuous full time service for the period specified in writing

by the Chief of the Defence Force.b. My period of service will commence on the day on which the call out order takes effect.c. The specification of a period under a call out order does not prevent the specification of

further periods under the call out order.5. I give these undertakings for the benefit of the Commonwealth and the Commonwealth may

enforce the performance of this Deed Poll by me.6. I have read and understood the matters set out in this Deed Poll and am signing this Deed Poll

voluntarily and of my own free will.7. I acknowledge that this Deed Poll is intended to have legal effect.8. This Deed Poll is governed by the laws of the Australian Capital Territory and the non-exclusive

jurisdiction of the courts of the Australian Capital Territory.

Executed as a Deed Poll

SIGNED, SEALED and DELIVERED by:

Name:

......................................................................

Signature:

......................................................................

In the presence of:

Witness Full Name:

........................................................

Signature of Witness:

........................................................

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1

STATEMENT OF AVAILABILITY TO BE TO BE CALLED OUTUNDER PART III OF THE DEFENCE ACT 1903

This statement1 is made on the ………........... day of ………..…………………………….. 20 ……:

I, ___________________________________________________________________________________, Full name of individual

of (address) _____________________________________________________________________________________

___________________________________________________________________ Postcode __________,

state the following:

1. I understand that a call out order may be made for some or all of the Reserve to provide civil aid,humanitarian assistance, medical or civil emergency and/or disaster relief.

2. I am available to be called out for (delete as appropriate):a. an indefinite period.b. the period between ______________________ and ______________________ inclusive.

3. Factors impacting my availability for call out for Reserve service over the above period include2:a. __________________________________________________________b. __________________________________________________________c. __________________________________________________________

4. I understand that once called out under section 28 of the Defence Act 1903, in accordance withsection 29 of the Defence Act 1903, including, but not limited to:a. I will be bound to render continuous full time service for the period specified in writing

by the Chief of the Defence Force.b. My period of service will commence on the day on which the call out order takes effect.c. The specification of a period under a call out order does not prevent the specification of

further periods under the call out order.

Name:

......................................................................

Signature:

......................................................................

1 This is not a legal instrument. Call-Out under the Defence Act 1903 is not a voluntary undertaking. 2 The purpose of this form is to record personal and policy considerations raised by Reserve members – such as the impact which a call out order may have on conflicting ‘first responder’ duties – so that appropriate discretion may be exercised in enforcing such an order.

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Sent: Monday, 11 November 2019 6:46 PMTo: Cc: Noble, Roger MAJGEN <[email protected]>; Boulton, Richard CDRE<[email protected]>; Bowers, Peter CDRE <[email protected]>;Novak, Gregory COL <[email protected]>Subject: Request for EXCO Comment - Calling out the Reserves [DLM=FOR-OFFICIAL-USE-ONLY]

For-Official-Use-Only

Dear Executive Council Secretariat

Defence are planning for the possibility of the Governor-General calling out the Reserve unders.28 of the Defence Act 1903 to assist with ‘civil aid, humanitarian assistance, medical or civilemergency or disaster relief’ within Australia.

We have drafted the attached Minute Paper, Order and Explanatory Memorandum for such acontingency. Noting the current situation in New South Wales and Queensland we would begrateful for your comments as soon as possible. Please let me know if you have any questions.

Kind regardsDamian

Damian CopelandLTCOLLegal AdvisorMilitary Strategic CommitmentsPh: +61 2 6266 7517 Mob:

IMPORTANT: Legal professional privilege can be claimed in respect of the above legal advice. Careshould be taken to avoid unintended waiver of that privilege. Unintended waiver can occur if theexistence or content of the advice is disclosed. Stating a view that is based on legal advice does notwaive privilege, providing the legal advice is not referred to or quoted from. If legal professionalprivilege is waived, the whole of the legal advice may have to be produced in litigation or under FOI. Tokeep this privilege, the purpose and content of this advice must only be disclosed to persons who havea need to know and on the basis that those persons also keep it confidential.

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence. Ifyou have received this email in error, you are requested to contact the sender and delete theemail immediately.

______________________________________________________________________

IMPORTANT: This message, and any attachments to it, contains informationthat is confidential and may also be the subject of legal professional orother privilege. If you are not the intended recipient of this message, youmust not review, copy, disseminate or disclose its contents to any otherparty or take action in reliance of any material contained within it. If youhave received this message in error, please notify the sender immediately byreturn email informing them of the mistake and delete all copies of themessage from your computer system.

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have a need to know and on the basis that those persons also keep it confidential.

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

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have a need to know and on the basis that those persons also keep it confidential.IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

Defence FOI 354/19/20

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From: Bowers, Peter CDRE <[email protected]> Sent: Thursday, 14 November 2019 5:52 PMTo: Mullins, Darryn CAPT - RAN <[email protected]>Cc: Liddy, Joshua WGCDR <[email protected]>;

Subject: FW: JPG - DACC Reserve Compulsory 'Call Out' Planning [DLM=FOR-OFFICIAL-USE-ONLY]

For-Official-Use-Only

Darryn,

Any comments on this?

Regards

Peter Bowers

P.W. BOWERSCommodore, RANDirector-General ADF Legal ServicesCP2-4-50

Tel: 02 6266 3805Mob:

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

From: Copeland, Damian LTCOL <[email protected]> Sent: Thursday, 14 November 2019 5:02 PMTo: Bowers, Peter CDRE <[email protected]>Cc: Liddy, Joshua WGCDR <[email protected]>; Saultry, Penelope COL<[email protected]>; Webster, Michael LTCOL 1<[email protected]>; Mullins, Darryn CAPT - RAN<[email protected]>; D'Amico, Adrian MR 1 <[email protected]>;Rudziejewski, Anna MRS <[email protected]>; Ross, Lynne MS<[email protected]>; Cawte, Richard COL <[email protected]>; O'Donnell,Robyn LTCOL <[email protected]>; DGADFLS Incoming outgoing mail

Subject: JPG - DACC Reserve Compulsory 'Call Out' Planning [DLM=FOR-OFFICIAL-USE-ONLY]

Defence FOI 354/19/20

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For-Official-Use-Only

CDRE Bowers

Joint Planning Group (JPG) for Calling out the Reserves

I attended the JPG for the call out of the Reserves today at R1. It was attended byrepresentatives from MSC, the Services, Defence Personnel Group, Finance, HQJOC and HQFORCOMD.

The JPG considered two scenarios (see attached PPT):

1. a limited GG callout of 20 Reserves before 29 Nov 19 for 48-72h; and2. a more significant GG call out of a larger Reserve force (e.g. an Emergency Support

Force of 100+ pers) at a later date.

HMSC will brief CDF on the outcomes of the JPG tomorrow.

CDF intent

MSC released the attached FRAGO yesterday (Tues 13 Nov 19) to warn the Services to preparefor Scenario One. CDF’s intent is to conduct an actual GG call out of 20 Reserves (5 Navy, 10Army, 5 Air Force) by 29 Nov 19 to perform a short term task (48-72h) in support of the ongoingfire emergency in either NSW or QLD (or both). The purpose of this limited call out is to test theprocess and to ‘normalise’ the Reserve call out for future call outs similar to Scenario 2. He hasdirected that all Reserve personnel called out be ‘volunteers’ for call out to avoid calling out firstresponders and that this be acknowledged in writing. We have prepared the attached individual‘availability form’ to facilitate this.

Executive Council (EXCO)

The attached draft EXCO documents to facilitate EXCO (MINDEF) advice to the GG (Minutes,Order and Explanatory Memorandum) have been cleared by HDL and subsequently modified bythe EXCO Secretariat. The Schedule containing detail of the proposed call out will be preparedfollowing Government direction however we anticipate a call out of ‘some’ of the reserve toprovide ‘civil emergency or disaster relief in New South Wales and Queensland’. We plan relyinga broad statement to enable the CDF flexibility in his tasking of the Reserves.

The next EXCO is scheduled for 28 Nov 19. I have advised MSC that CDF should seek MINDEFapproval for the call out of the Reserves to be presented to the Governor-General at thismeeting for a call out order from 29 Nov 19. MSC will prepare a CDF DB and MINSUB tomorrowto brief MINDEF, seeking her agreement and provide the EXCO documents for her considerationearly next week. Lyn suggests that we aim for the EXCO documents to be submitted to the

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Secretariat by 19 Nov.

I have sent the draft EXCO documents to PM&C (National Security) and AGD (Office ofConstitutional Law) for comment/input with a request for return by midday 15 Nov 19.

Further HDL approval

I anticipate sending the CDF DB, MINSUB and finalised EXCO documents to HDL for clearance bymidday/ COB Monday.

We will also receive draft ‘Letters for Employers’ soon which I will also seek clearance later nextweek. The purpose of these letters is to inform employers of the relevant provisions of theReserve Service Protection Act 2001 and the Employer Support Payment Scheme.

Please let me know if you have any questions.

Damian

Damian CopelandLTCOLLegal AdvisorMilitary Strategic CommitmentsPh: +61 2 6266 7517 Mob:

IMPORTANT: Legal professional privilege can be claimed in respect of the above legal advice. Careshould be taken to avoid unintended waiver of that privilege. Unintended waiver can occur if theexistence or content of the advice is disclosed. Stating a view that is based on legal advice does notwaive privilege, providing the legal advice is not referred to or quoted from. If legal professionalprivilege is waived, the whole of the legal advice may have to be produced in litigation or under FOI.To keep this privilege, the purpose and content of this advice must only be disclosed to persons whohave a need to know and on the basis that those persons also keep it confidential.

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

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FOU

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Def

ence

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FOU

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m G

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(5 N

, 10

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(and

peo

ple)

Def

ence

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FOU

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Pre-

GG

Cal

l Out

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gal

•Ar

tefa

cts

/ ins

trum

ents

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oces

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pera

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atur

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vice

(NO

S)

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nel

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tim

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ondi

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of S

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lan

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over

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Pub

lic

Def

ence

FO

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FOU

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FOU

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ence

FO

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FO

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FOU

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FO

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FOU

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FOU

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Way

forw

ard

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–re

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ack

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DF

Ord

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Def

ence

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• Section 12 Conditions for self-employment – specifically s. 12.3(b) For a member to beself-employed, the member’s business […] b. For at least the previous 12 months, it alsoprovided the member’s principal source of income or principal source of employment.

HYRD recommends: This provision be waived.

• Section 23 Qualifying period – In order to be eligible for ESPS payments, the membermust first be released from their employer for a period of two weeks in a financial year.

HRYD recommends: This provision be waived.

• Section 29 Minimum period of employment – an employer cannot claim an employersupport payment for a period of absence on Defence service that begins before themember has been employed by that employer for 3 months. (s. 29.2 the qualifyingperiod cannot be served within the first three months of employment).

HRYD recommends: This provision be waived.

• Section 35 Eligibility basic conditions – s. 35.1(b) states that the absence on Defenceservice must be for a period of at least 5 continuous days.

HRYD recommends: This absence be modified to a minimum of two (2) consecutivedays.

• Section 36 Cost-effectiveness – This provision is automatically waived for any servicethat is compulsory under a call out (s. 36.3 refers).

Happy to discuss any aspect of the proposed waivers or the Draft letters, we are also linked inwith Jason Logue on the media front. If there is something else you are after or you needanything tweaking please let me know (here to help)

Regards Scotty

COL Scotty PalmerChief of StaffReserve and Youth DivisionBP18-MEZ-057Joint Capabilities Group

Tel: +61 2 61274631

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

From: Lachlan, Adam LEUT <[email protected]>

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Sent: Thursday, 14 November 2019 4:24 PMTo: Palmer, Scotty COL <[email protected]>; Wood, Matthew MR 11<[email protected]>Cc: Whipp, Anna MRS <[email protected]>; Hayward, Duncan BRIG<[email protected]>; Wolski, Brett RADM <[email protected]>Subject: RE: Letters for call out [SEC=UNCLASSIFIED]

UNCLASSIFIED

Sir,Copies of the letters attached.

Matt,Couple of minor changes by HRYD. Can you please store in correct area of objective please?

Regards,

Adam LachlanLEUT, RANADC to HRYD

BP18-MEZ-143 | RYD | JCGT: (02) 6127 4615 | M: E: [email protected]

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

From: Wood, Matthew MR 11 <[email protected]> Sent: Thursday, 14 November 2019 1:02 PMTo: Lachlan, Adam LEUT <[email protected]>Subject: FW: Letters for call out [SEC=UNCLASSIFIED]

UNCLASSIFIED

Thanks mate

Regards,

MATT WOODAssistant DirectorEmployer Support and Service ProtectionReserve and Youth DivisionBDP-BP18-3-013

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All enquiries 1800 DEFENCE | [email protected] | [email protected]

From 1 January 2019, all ESPS Claims must be submitted online. Visitwww.defencereservessupport.gov.au for more details.

PLEASE CONSIDER THE ENVIRONMENT BEFORE YOU PRINT THIS E-MAIL

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

From: Wood, Matthew MR 11 Sent: Thursday, 14 November 2019 12:58 PMTo: Whipp, Anna MRS <[email protected]>Subject: Letters for call out [SEC=UNCLASSIFIED]

UNCLASSIFIED

Amendments made.

Regards,

MATT WOODAssistant DirectorEmployer Support and Service ProtectionReserve and Youth DivisionBDP-BP18-3-013

All enquiries 1800 DEFENCE | [email protected] | [email protected]

From 1 January 2019, all ESPS Claims must be submitted online. Visitwww.defencereservessupport.gov.au for more details.

PLEASE CONSIDER THE ENVIRONMENT BEFORE YOU PRINT THIS E-MAIL

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

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Damian CopelandLTCOLLegal AdvisorMilitary Strategic CommitmentsPh: +61 2 6266 7517 Mob:

IMPORTANT: Legal professional privilege can be claimed in respect of the above legal advice. Careshould be taken to avoid unintended waiver of that privilege. Unintended waiver can occur if theexistence or content of the advice is disclosed. Stating a view that is based on legal advice does notwaive privilege, providing the legal advice is not referred to or quoted from. If legal professionalprivilege is waived, the whole of the legal advice may have to be produced in litigation or under FOI.To keep this privilege, the purpose and content of this advice must only be disclosed to persons whohave a need to know and on the basis that those persons also keep it confidential.IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

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Happy to take calls overnight and to discuss tomorrow.

Regards,

Michael WebsterLieutenant ColonelLegal Officer (Regional Engagement)Headquarters Joint Operations CommandAustralia

+ 61 (0) 2 6128 4085

[email protected]

IMPORTANT: This document contains legal advice and may be subject to legal professionalprivilege. Unless it is waived or lost, legal professional privilege is a rule of law that, in part, providesthat the client need not disclose confidential communications between a legal practitioner and client.To keep this privilege, the purpose and content of this advice must only be disclosed to persons whohave a need to know and on the basis that those persons also keep it confidential. You shouldconsider this advice and take it into account when forming a decision on how best to proceed. If youdecide to adopt a position that does not align with this advice, you should not state that DefenceLegal has cleared or endorsed a particular position.IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

From: Copeland, Damian LTCOL <[email protected]> Sent: Thursday, 14 November 2019 5:02 PMTo: Bowers, Peter CDRE <[email protected]>Cc: Liddy, Joshua WGCDR <[email protected]>; Saultry, Penelope COL<[email protected]>; Webster, Michael LTCOL 1<[email protected]>; Mullins, Darryn CAPT - RAN<[email protected]>; D'Amico, Adrian MR 1 <[email protected]>;Rudziejewski, Anna MRS <[email protected]>; Ross, Lynne MS<[email protected]>; Cawte, Richard COL <[email protected]>; O'Donnell,Robyn LTCOL <[email protected]>;

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<[email protected]>Subject: JPG - DACC Reserve Compulsory 'Call Out' Planning [DLM=FOR-OFFICIAL-USE-ONLY]

For-Official-Use-Only

CDRE Bowers

Joint Planning Group (JPG) for Calling out the Reserves

I attended the JPG for the call out of the Reserves today at R1. It was attended byrepresentatives from MSC, the Services, Defence Personnel Group, Finance, HQJOC and HQFORCOMD.

The JPG considered two scenarios (see attached PPT):

1. a limited GG callout of 20 Reserves before 29 Nov 19 for 48-72h; and2. a more significant GG call out of a larger Reserve force (e.g. an Emergency Support

Force of 100+ pers) at a later date.

HMSC will brief CDF on the outcomes of the JPG tomorrow.

CDF intent

MSC released the attached FRAGO yesterday (Tues 13 Nov 19) to warn the Services to preparefor Scenario One. CDF’s intent is to conduct an actual GG call out of 20 Reserves (5 Navy, 10Army, 5 Air Force) by 29 Nov 19 to perform a short term task (48-72h) in support of the ongoingfire emergency in either NSW or QLD (or both). The purpose of this limited call out is to test theprocess and to ‘normalise’ the Reserve call out for future call outs similar to Scenario 2. He hasdirected that all Reserve personnel called out be ‘volunteers’ for call out to avoid calling out firstresponders and that this be acknowledged in writing. We have prepared the attached individual‘availability form’ to facilitate this.

Executive Council (EXCO)

The attached draft EXCO documents to facilitate EXCO (MINDEF) advice to the GG (Minutes,Order and Explanatory Memorandum) have been cleared by HDL and subsequently modified bythe EXCO Secretariat. The Schedule containing detail of the proposed call out will be preparedfollowing Government direction however we anticipate a call out of ‘some’ of the reserve toprovide ‘civil emergency or disaster relief in New South Wales and Queensland’. We plan relyinga broad statement to enable the CDF flexibility in his tasking of the Reserves.

The next EXCO is scheduled for 28 Nov 19. I have advised MSC that CDF should seek MINDEFapproval for the call out of the Reserves to be presented to the Governor-General at thismeeting for a call out order from 29 Nov 19. MSC will prepare a CDF DB and MINSUB tomorrow

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to brief MINDEF, seeking her agreement and provide the EXCO documents for her considerationearly next week. Lyn suggests that we aim for the EXCO documents to be submitted to theSecretariat by 19 Nov.

I have sent the draft EXCO documents to PM&C (National Security) and AGD (Office ofConstitutional Law) for comment/input with a request for return by midday 15 Nov 19.

Further HDL approval

I anticipate sending the CDF DB, MINSUB and finalised EXCO documents to HDL for clearance bymidday/ COB Monday.

We will also receive draft ‘Letters for Employers’ soon which I will also seek clearance later nextweek. The purpose of these letters is to inform employers of the relevant provisions of theReserve Service Protection Act 2001 and the Employer Support Payment Scheme.

Please let me know if you have any questions.

Damian

Damian CopelandLTCOLLegal AdvisorMilitary Strategic CommitmentsPh: +61 2 6266 7517 Mob:

IMPORTANT: Legal professional privilege can be claimed in respect of the above legal advice. Careshould be taken to avoid unintended waiver of that privilege. Unintended waiver can occur if theexistence or content of the advice is disclosed. Stating a view that is based on legal advice does notwaive privilege, providing the legal advice is not referred to or quoted from. If legal professionalprivilege is waived, the whole of the legal advice may have to be produced in litigation or under FOI.To keep this privilege, the purpose and content of this advice must only be disclosed to persons whohave a need to know and on the basis that those persons also keep it confidential.

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

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Defence Act 1903

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Defence Act 1903 Defence Reserve Service (Protection) Act 2001.

Defence Act 1903 Employer Support Payment Scheme

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FOR OFFICIAL USE ONLY

2

FOR OFFICIAL USE ONLY

SECVCDFCJOPSCNCACAFHMSC

For information: CJCHDL

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Defence Insurance Office

MSC are preparing for the possibility that the Governor-General will call out some of theReserves to assist with the ongoing fire emergency. I would be grateful for your office to give mea call regarding any Comcover limitations/restrictions on the Reserve providing assistance toState/Territory emergency services.

RegardsDamian

Damian CopelandLTCOLLegal AdvisorMilitary Strategic CommitmentsPh: +61 2 6266 7517 Mob:

IMPORTANT: Legal professional privilege can be claimed in respect of the above legal advice. Careshould be taken to avoid unintended waiver of that privilege. Unintended waiver can occur if theexistence or content of the advice is disclosed. Stating a view that is based on legal advice does notwaive privilege, providing the legal advice is not referred to or quoted from. If legal professionalprivilege is waived, the whole of the legal advice may have to be produced in litigation or under FOI.To keep this privilege, the purpose and content of this advice must only be disclosed to persons whohave a need to know and on the basis that those persons also keep it confidential.

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

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STRATEGIC SHAPING AND INFLUENCING GUIDANCE (SSIG)—CALL OUT OF RESERVISTS IN RESPONSE TO NATIONAL EMERGENCIES

BN11447559

Purpose

1. (FOUO) This SSIG is designed to shape the domestic and regional informationenvironment in support of a Call Out of Reservists in response to a national emergency.

Summary

2. (FOUO) Shaping and Influencing Main Effort. Influence—Civil MilitaryCooperation.

3. (UNCLAS) Core Theme. A Call Out of Reservists under the Defence Act 1903enhances the capacity of the ADF in supporting civil agencies or authorities to effectivelyrespond to multiple, sequential or large-scale national emergencies.

4. (UNCLAS) Key messages:

a. Enhancing the ADF response to large-scale emergencies. The Call Out ofReservists enhances the ADF’s capacity to support state or territory agencies inensuring the nation can effectively respond to multiple or sequential large-scaleemergencies of national significance and prolonged periods of civil emergency ordisaster.

b. Call Out is for exceptional circumstances. A decision to enact Call Out legislationwill be based on a range of indicators and warnings or as a response to a significantevent or incident.

5. (FOUO) Desired long-term effects in the Information Environment:

a. The Australian population’s confidence in Government responses to disasters orsignificant events is Enhanced.

b. The ADF’s reputation as an effective, professional and capable force for good isEnhanced among domestic and regional audiences.

c. The ADF’s cohesiveness, under the Total Workforce Model, is Enhanced.

d. The ADF’s resilience to responding to a large-scale or long-term national mission insupport of the Australian population is Enhanced.

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Strategic Narrative

6. (FOUO) The Strategic Narrative summarises the situation, context and intent of ADFand Defence operations or activities in an unclassified form to produce a coherent andpersuasive statement. This enduring statement of military strategic intent frames the nationaldiscussion and offers an alternative to that presented by malign strategic actors seeking tonegatively change current security conditions. Importantly, the Strategic Narrative underpinsall Defence Information Activities. The Strategic Narrative is bound by current policy andshould be adjusted in line with a changing national position, if required.

(UNCLAS) 2019 saw Australia’s emergency responders operating at an extremely high tempo across most of the country in response to floods, fires and cyclones while also supporting ongoing drought relief efforts. Australia’s emergency first responders, whether state or territory agency, or volunteer, are the first line of this national effort. Recent experiences, coupled with forecasts by the Australian Bureauof Meteorology and contingency planning led by Emergency Management Australia,have highlighted the need for increased national capacity and resiliency in the face of severe weather events. Australia is likely entering a long period of cumulative and consecutive incidents requiring coordinated government, and non-government efforts to deliver civil aid, provide humanitarian assistance, support medical or civil emergencies or distribute disaster relief. This requirement for increased support will likely be as prevalent within Australia as it is across the Southwest Pacific and Southeast Asia.

Defence, particularly the ADF, has always played an important and historical role in supporting federal, state, territory, and local authorities as part of the collective national response to disasters and other significant events. Increasingly, the ADF also supports our regional neighbours when they are responding to disasters of their own or that of their near neighbours. By adopting a total workforce model, Defence can generate an appropriate and flexible capacity to meet an increasing and often longer-term demand. Making increased use of the ADF’s reserve personnel andensuring that impacts on their civilian employment are limited is core to this approach.

Under legislation, a Call Out of reservists can be initiated in response to a range of situations including large-scale national emergencies. While reservists have been part of the nation’s coordinated response to disasters and other events of national significance, this has been in a volunteer capacity based on immediate availability and personal circumstances following a Defence call for support. The Defence Act 1903 enables the Governor-General to Call Out reserves on continuous full-time service to provide ‘civil aid, humanitarian assistance, medical or civil emergency or disaster relief’ should circumstances require and the Government requests it.Legislation allows for the use of the ADF to aid the civil community or assistance to the civil authority.

A decision to Call Out of the reserves will not be taken lightly and considered only when Defence and the Government deem additional personnel or capability are required to address an incident or a series of incidents. Existing call for support arrangements are likely to remain suitable in all but the most extreme circumstances. Defence will undertake an annual selective Call Out for a short period to ensure

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systems and processes to rapidly transfer a reservist onto full-time service remain well tested.

7. (UNCLAS) A visualisation of the Strategic Narrative is at Attachment A.

Risks to Strategic Narrative

8. (PROTECTED) The Strategic Narrative is vulnerable to events, policies and rhetoricthat undermine its coherence. Such vulnerabilities represent strategic risks if they sufficientlydegrade public or political will to continue the mission. The primary risks to the StrategicNarrative and their mitigating factors include:

a. (PROTECTED) Misunderstanding of the level and type of response the ADF willprovide in response to a national disaster, particularly in light of different approachesby regional military partners.

(1) Mitigation. In public messaging, reinforce that states and territories areresponsible for managing the emergency responses in their jurisdictions. TheCall Out of reservists seeks to enhance the capacity of the ADF to support civilagencies in effectively responding to multiple or sequential large-scale events.

(2) Mitigation. In public messaging, highlight that Defence will conduct an annualvalidation activity comprising the selective Call Out of reservists to ensuresystems and processes to rapidly bring personnel onto full-time service aretested. Enacting legislation to Call Out reservists in response to actual orforecast events will only be made following careful consideration and inresponse to extreme circumstances.

(3) Mitigation. In public messaging, highlight that most ADF support duringdisaster response is either of a general nature or through utilisation of specificADF platforms such as air transport or ISR. ADF personnel do not perform thespecialist functions of other emergency responders such as general firefighting.

b. (PROTECTED) Incorrect perceptions that the ADF are not capable or qualified toprovide assistance to a national disaster.

(1) Mitigation. In public messaging, reinforce that Defence, particularly the ADF,has played an important and historical role in supporting Australian federal,state, territory and local authorities in the collective preparation for andresponse to natural disasters.

(2) Mitigation. In public messaging, reinforce that reservists have been a part ofthe nation’s response to significant events in a volunteer capacity based onimmediate availability and personal circumstances.

(3) Mitigation. Ensure lessons from a Call Out of reservists’ validation activity areincorporated into relevant policies and procedures and coordinated with theappropriate emergency management organisations.

c. (PROTECTED) A reserve Call Out is seen to disparage the work conducted byemergency services or remove opportunity for local contractors/businesses whoprovide post-disaster assistance.

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(1) Mitigation. Highlight in public communication that use of the ADF inresponse to significant events is always focused on supporting immediateefforts of emergency responders to ensure the safety of the population, notlonger-term reconstruction tasks.

(2) Mitigation. Ensure Defence contributes to lead agency planning and post-event assessments to ensure tasking is appropriate and that agencies maintainan understanding of how the ADF can be used.

d. (PROTECTED) Concerns raised that the reserve Call Out will negatively impact theEmergency Service organisations if their volunteers or employees are also reservists.

(1) Mitigation. In public messaging, reinforce that reservists who hold civilianemployment in the emergency services or who already volunteer in agenciessuch as the State Emergency Service and Rural Fire Service will be able to opt-out of the Call Out requirements to ensure that Australia’s first responders arenot adversely affected.

e. (PROTECTED) Incorrect public messaging that links the Call Out to NationalService or conscription policies.

(1) Mitigation. In public messaging, reinforce that reservists have always beenpart of the nation’s response to disasters working alongside their permanentforce colleagues.

(2) Mitigation. In public messaging, reinforce that the Call Out of reservists isenshrined in the Defence Act 1903 to provide civil aid, humanitarian assistance,medical or civil emergency or disaster relief. The Governor-General, on theadvice of the Executive Council, can Call Out the reserve for a specific event,incident or period of time.

f. (PROTECTED) Incorrect perceptions by reserve personnel or employers regardingconditions of service such as an apparent disparity in pay between reserve personnelresponding to call for support and those on full-time service when a Call Out isenacted.

(1) Mitigation. Develop a coordinated and synchronised public information effortthat ensures both reservists and employers are well informed and educated onthe policies and provisions provided under Call Out.

(2) Mitigation. In public messaging highlight that Defence supports its peoplewith a range of measures that are tailored to specific circumstances, skills,experience and organisational requirements. Reserve personnel brought ontofull-time service receive pay and benefits comparable to their permanent forcecolleagues for the duration of the Call Out. At the completion of their serviceunder Call Out they return to the pay and benefits aligned to part-time servicein the ADF.

(3) Mitigation. Ensure reservists Called Out receive civilian employmentprotection, appropriate medical support and are paid appropriately alongsidetheir permanent force colleagues as per the Defence Reserve Service(Protection) Act 2001.

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(4) Mitigation. Ensure employers of reservists Called Out receive access toreserve employer support payments under the Defence Act 1903 Section58B(1).

g. (PROTECTED) Defence’s use of Call Out provisions for emergency response asannounced in Parliament on 12 November, 2019, is exploited as evidence that theGovernment is inconsistent on the impacts of climate change.

(1) Mitigation. Highlight that Defence, at the request of Government, is focusedon supporting the nation or our regional neighbours during times of crisis andhas ensured the process and mechanisms are in place to make best use of theADF workforce should it be required.

Strategic Effects in the Information Environment

9. (FOUO) This SSIG describes what the ADF plans to achieve against the macro targetaudiences and target systems by conducting kinetic and non-kinetic actions (first ordereffects), what the ADF anticipates will be the desired response to those actions (second ordereffects) and the desired longer term cognitive impact of ADF actions (third order effects).Development of refined meso and micro target audiences and target entities and elements is tooccur during subsequent planning. Defence activities are to achieve the following cascadingand cumulative effects:

a. First order effect – immediate ADF actions.

(1) Natural disaster response capabilities, systems and networks of the ADF whenCall Out is enacted are Known1 by federal, state and territory emergencyresponse organisations.

(2) Understanding of the requirements for Call Out of the ADF reserve capabilityto support a Commonwealth, state and territory response to natural disasters isEnhanced2 within Defence and key decision makers.

(3) Defence personnel, particularly reserve members, are Informed3 of Call Outprovisions, their application and impact and associated conditions of service.

(4) Employers are Educated4 on the roles of reserve personnel in supportingincidents, including Call Out provisions, and available support mechanisms.

(5) The Australian population is Educated on the scope and role of the ADF insupporting national incidents including when and why a Call Out may beenacted.

1 Awareness of events or a function are increased.2 The capabilities of a force or function are increased or made greater.3 Context and understanding is developed among larger populations through the availability of basic facts or

knowledge of a circumstance. 4 Attitudes within select community groups are enhanced as a result of increased understanding based on the

availability of detailed knowledge of facts or circumstances.

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b. Second order effect – anticipated/desired responses to ADF actions.

(1) The ADF’s role in supporting emergency responders, including when Call Outis enacted, is Understood5 among Commonwealth, state and territory agencies,key Government decision makers and the Australian population.

(2) Cooperation and integration between Commonwealth, state and/or territoryagencies and the ADF is Enhanced.

(3) The effective employment of reservists within Defence’s Total WorkforceModel is Understood by Defence personnel.

(4) The ADF’s role in supporting an emergency response to a natural disaster isUnderstood by the Australian population.

c. Third order effect – long-term cognitive impact of ADF action.

(1) The Australian population’s confidence in Government responses to disastersor significant events is Enhanced.

(2) The ADF’s reputation as an effective, professional and capable force for goodis Enhanced among domestic and regional audiences.

(3) The ADF’s cohesiveness, under the Total Workforce Model, is Enhanced.

(4) The ADF’s resilience to responding to a large-scale or long-term nationalmission in support of the Australian population is Enhanced.

Themes to promote

10. (UNCLAS) Themes to promote for a Call Out of reservists in response to nationalincidents are:

a. Enhancing the ADF response to large-scale emergencies. The Call Out ofreservists under the Defence Act 1903 enhances the ADF’s capacity to ensure thenation can effectively respond to multiple or sequential large-scale emergencies ofnational significance and prolonged periods of civil emergency or disaster. State andterritory governments remain the primary responders for disaster within Australiawith Defence always playing a supporting role in aid to the civil community or civilauthority.

b. Defence’s Total Workforce model makes best use of permanent force andreserve personnel for a range of contingencies. Reserve personnel are a coreelement of the ADF prepared for their primary mission of reinforcing the capacity oftheir permanent force colleagues. This approach is equally effective when aiding thecivil community, assisting the civil authority or undertaking operational rolesoverseas. Reserve personnel bring unique skills, experiences and outlooks that assistin a wide range of missions and roles.

5 The character or nature of a system, organisation, location etc. becomes thoroughly familiar.

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c. Call Out is for exceptional circumstances. A decision to enact Call Out legislationwill be based on a range of indicators and warnings or as a response to a significantevent or incident. In most cases reserve personnel will continue to aid the civilcommunity through existing volunteer arrangements either directly supportingemergency responders or working with their permanent force colleagues as part of alarger effort. A decision to widely Call Out reservists will not be made lightly and itwill only be enacted in exceptional circumstances at the request of the Governmentand with the endorsement of the Governor General.

Themes to avoid

11. (FOUO) Themes to avoid for a Call Out of reservists in response to nationalemergencies are:

a. The implication that Commonwealth, state and territory agencies are incapable ofresponding to national disasters without the assistance of the ADF.

b. The implication that employers of reservists are impacted without compensation, orthat the ongoing availability of reserve employees is in doubt.

c. The implication that the ADF is a lead agency in the response to a nationalemergency.

Indicators of Success

12. (UNCLAS) Broad indicators of success for the SSIG are:

a. Increasing evidence of themes to promote in domestic media coverage about Defenceactivities particularly the Total Workforce Model and use of reserves.

b. Commonwealth and state/territory decision makers are confident in how and when toseek ADF support in response to a large scale emergency.

c. Reserve personnel and their employers indicate they are satisfied with informationprovided on the implication of enacting the Call Out legislation.

d. Limited community concern about the use of the ADF in support of events orincidents within Australia.

e. Increased reporting of greater effective interaction between reserve personnel andtheir permanent force colleagues.

Information Activities Coordination

13. (UNCLAS) Authorised Information Related Capability (IRC) to support desiredeffects in this SSIG are:

a. Main Effort:

(1) Influence—Civil Military Cooperation.

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8

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b. Supporting Efforts

(1) Command and Information Protection—Information Assurance, OperationsSecurity

(2) Influence—Key Leader Engagement, Military Public Affairs, Networking,Operational Imagery, Presence, Posture and Profile

(3) Counter Command—nil.

Information Activities coordination

14. (FOUO) MSC is responsible for the coordination of all aspects relating to theactivation of reservists under Call Out legislation on behalf of CDF and the overallmanagement of specific events under DACC or DFAC-A legislation. CJOPS remainsresponsible for the planning and execution of JTF-level aid to the civil community orassistance to the civil authority under Op CIVIL ASSIST, Op [COUNTRY NAME] ASSISTor a deployment under OPLAN MAGPIE. Specific planning and orders will be developed tosupport these activities including provision of public information material in the form of adedicated Communication Pack. Defence People Group, supported by Reserve and YouthDivision and Services, is responsible for a tailored internal communication effort to educatepersonnel on their obligations should they be Called Out and the pay and benefits associatedwith full-time service. Reserve and Youth Division, supported by the Services, is the leadagency for any external communication requirements specific to employers of reservists andreserve interest groups. MECC is responsible to ensure the wide ranging public informationrequirements of this SSIG are coordinated with Government. Military Public Affairs Plansdeveloped for an activity or specific events within an activity are to meet the intent of thisSSIG. Release of public information during Defence support to an event or incident is to becoordinated and synchronised with the appropriate state or territory agency.

15. (FOUO) Defence’s public information posture is to be constrained during validationactivities but proactive during response events. Defence should seek to enhance lead agencyrequirements. Release of public information concerning ADF activities is to be coordinatedacross Defence stakeholders with final release authority coordinated through MECC.

Review

16. (FOUO) This SSIG (V1) remains current for 12 months from the date of publishing.The Guidance will be updated earlier if changes in the operational or informationenvironments require. Recommendations for changes are to be provided to Military StrategicEffects Branch.

Authorised for release by HMSC MAJGEN Roger Noble, 27 Nov 19

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communication and dealing with the information in the email may be a serious criminaloffence. If you have received this email in error, you are requested to contact the senderand delete the email immediately.

_____________________________________________From: Bowers, Peter CDRE <[email protected]>Sent: Tuesday, 3 December 2019 8:47 AMTo: Mullins, Darryn CAPT - RAN <[email protected]>; Copeland, DamianLTCOL <[email protected]>Subject: FW: Lessons - Op CIVIL ASSIST 19 [DLM=FOR-OFFICIAL-USE-ONLY]

For Official Use Only

Gents,

Any thoughts, let me know and we’ll feed them back to MSC.

Regards

Peter Bowers

P.W. BOWERS

Commodore, RAN

Director-General ADF Legal Services

Campbell Park Offices - CP2-4-50

CANBERRA, ACT, 2600

AUSTRALIA

Tel: + 61 2 6266 3805

Mob

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminaloffence. If you have received this email in error, you are requested to contact the senderand delete the email immediately.

_____________________________________________From: Scott, Michael COL 7 <[email protected]>Sent: Monday, 2 December 2019 8:44 PMTo: Bowers, Peter CDRE <[email protected]>Subject: RE: Lessons - Op CIVIL ASSIST 19 [DLM=FOR OFFICIAL USE ONLY]

For-Official-Use-Only

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Sir

If you have any lessons you wish capture, please provide them to me and I will ensure they arecaptured.

Kind regards

Mick

Mick Scott

Colonel

Director Current Military Commitments

Military Strategic Commitments Division

Tel: +61 2 6265 2472

Mob:

R1-5-A084

PO Box 7902

Russell Offices

CANBERRA BC ACT 2610

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminaloffence. If you have received this email in error, you are requested to contact the senderand delete the email immediately.

_____________________________________________From: Scott, Michael COL 7Sent: Monday, 2 December 2019 6:03 PMTo: Bowers, Peter CDRE <[email protected]>Subject: RE: Lessons - Op CIVIL ASSIST 19 [DLM=FOR OFFICIAL USE ONLY]

For-Official-Use-Only

Cheers, sir.

Mick Scott

Colonel

Director Current Military Commitments

Military Strategic Commitments Division

Tel: +61 2 6265 2472

Mob:

R1-5-A084

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PO Box 7902

Russell Offices

CANBERRA BC ACT 2610

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminaloffence. If you have received this email in error, you are requested to contact the senderand delete the email immediately.

-----Original Appointment-----From: Bowers, Peter CDRE <[email protected]>Sent: Monday, 2 December 2019 5:26 PMTo: Scott, Michael COL 7Cc: Morscheck, Roland WGCDR; DGADFLS Incoming outgoing mail; Liddy, Joshua WGCDRSubject: Declined: Lessons - Op CIVIL ASSIST 19 [DLM=FOR OFFICIAL USE ONLY]When: Thursday, 5 December 2019 2:00 PM-5:00 PM (UTC+10:00) Canberra, Melbourne,Sydney.Where: R1-5-DCC (MSC) and VTC

For Official Use Only

Mick,

With much regret – I am unable to attend – I am at another appointment at this time.

Regards

Peter Bowers

P.W. BOWERS

Commodore, RAN

Director-General ADF Legal Services

CP2-4-50

Tel: 02 6266 3805

Mob

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminaloffence. If you have received this email in error, you are requested to contact the senderand delete the email immediately.

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The service you have rendered to our fellow Australians over these difficult months makes me immensely proud. The nation is extraordinarily grateful to those ADF members who have contributed, and especially those Reservists who were called out by the historic Order of 4 January 2020.

Yours sincerely

Linda Reynolds

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From: Morscheck, Roland WGCDRTo: Copeland, Damian LTCOLSubject: FW: 191125 - Air Force Requirements - Operation CIVIL ASSIST 2019 - Call out of the Reserve [SEC=PROTECTED]Date: Tuesday, 26 November 2019 7:53:48 AMAttachments: 191122 - Letter to Self-Employed Reservists.pdf

191122 - Letter to Employers of Reserves.pdf191122 - Letter to Educational Institutions.pdf191113 - Draft Statement of Availability and Consent - (HDL Cleared).docximage001.png

PROTECTED

IMPORTANT: This email remains the property of the Department of Defence. Unauthorised communicationand dealing with the information in the email may be a serious criminal offence. If you have received this emailin error, you are requested to contact the sender and delete the email immediately.

From: Kooij, Kaarin GPCAPT <[email protected]> Sent: Monday, 25 November 2019 9:13 AMTo: Clarke, Bradley GPCAPT <[email protected]>; McCurran, Amanda WGCDR<[email protected]>; Graham, Robert GPCAPT 2 <[email protected]>; Larter,Mark GPCAPT <[email protected]>; Johnson, Christopher WGCDR<[email protected]>; Wilson, Guy AIRCDRE <[email protected]>Cc: Coombes, Matthew SQNLDR <[email protected]>; Crawford, Stephen WGCDR 1<[email protected]>; Larsen, Scott FLGOFF <[email protected]>; Johnstone,Stephen WGCDR 3 <[email protected]>; Gray, Benjamin SQNLDR 2<[email protected]>; Wallace, Michael WGCDR 1 <[email protected]>;Richardson, Debbie GPCAPT 1 <[email protected]>; Rose, April-Leigh WGCDR <[email protected]>; Morscheck, Roland WGCDR <[email protected]>Subject: 191125 - Air Force Requirements - Operation CIVIL ASSIST 2019 - Call out of the Reserve[SEC=PROTECTED]

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In order for you to have as much time as possible, the following is provided in anticipation of the EXECUTOexpected late today.

CSG/AMG:• AMG – two planners (I believe Oaklands and Stringfellow).• CSG – four 95WG personnel (Peterson, Patzwald, plus two. The remaining two nominees will be a back

up). Please confirm nominations.• Reservists must be IR current in all six elements, must sign the Statement of Availability (attached).• Reservists nominated are requested to provide details of their employer (so that we may provide the

attached letter); or alternatively, provide HQAC an assurance they have provided the attached letter totheir Employer. This action is to be confirmed with FLGOFF Scott Larsen

• SERVOP C paperwork, including medicals (where possible) is to be facilitated through FLGOFF ScottLarsen at HQAC to AFHQ. Please commence ASAP. It is known the medicals may be problematic. If so,please inform FLGOFF Larsen.

• Nominations are to be volunteers (hence the signed statement), and not first responders (Police,Ambulance, Fire) or RFS.

• Expect location to be within 90 minutes of BNE, under command of a JTF construct.

Timeline as currently stands:• 25 Nov 19 – JOC activate 7BDE as JTF

o CDF and CJOPS TASKORDS to be issued Monday• 28 Nov 19 – Activation

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Director Current Military CommitmentsMilitary Strategic Commitments Division

Tel: +61 2 6265 2472Mob:

R1-5-A084PO Box 7902Russell OfficesCANBERRA BC ACT 2610IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

From: Kooij, Kaarin GPCAPT <[email protected]> Sent: Monday, 25 November 2019 6:25 AMTo: Scott, Michael COL 7 <[email protected]>Subject: Re: 191124 - Air Force Response - DRAFT CDF EXECUTO 2019/008 - Operation CIVILASSIST 2019 - Call out of the Reserve [SEC=PROTECTED]

Thanks Mick. Just so I’m upfront-loadmaster planner and OPSO do not have civilian employers.Their primary income is reserve salary

Sent from my iPhone

On 25 Nov 2019, at 6:12 am, Scott, Michael COL 7 <[email protected]> wrote:

PROTECTED

Thanks Kaarin.

The Reserves do not need to have civilian qualifications or experience – we are want touse their military qualifications and experience inside the Operations Centre. I willamend the task for Air Force to provide three for the operations centre roles and three towork in support of the engineering tasks.

Regards

Mick

Mick ScottColonelDirector Current Military CommitmentsMilitary Strategic Commitments Division

Tel: +61 2 6265 2472Mob:

R1-5-A084PO Box 7902Russell OfficesCANBERRA BC ACT 2610IMPORTANT: This email remains the property of the Department of Defence.Unauthorised communication and dealing with the information in the email may bea serious criminal offence. If you have received this email in error, you arerequested to contact the sender and delete the email immediately.

From: Kooij, Kaarin GPCAPT <[email protected]>

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Sent: Sunday, 24 November 2019 11:58 PMTo: Scott, Michael COL 7 <[email protected]>; Morscheck, RolandWGCDR <[email protected]>Cc: Gray, Benjamin SQNLDR 2 <[email protected]>Subject: 191124 - Air Force Response - DRAFT CDF EXECUTO 2019/008 - OperationCIVIL ASSIST 2019 - Call out of the Reserve [SEC=PROTECTED]Importance: High

PROTECTED

Mick/Arnie,

Two comments from Air Force:3B2 – two of our planners do NOT have civilian employment roles – they areReservists, but formerly PAF

3.E.5.A. FORCE ASSIGN TO CJOPS SIX RESERVES FOR STAFFOFFICER POSITIONS IN AN EMERGENCY AUTHORITY OPERATIONSCENTRE FROM CATEGORIES WHICH ARE ABLE TO FILL ROLES ASGENERAL PLANNERS, LOGISTICS PLANNERS/MANAGERS, AIRMOBILITY PLANNERS, AIR OPERATIONS PLANNERS,COMMUNICATIONS PLANNERS.I understood late on Fri, based on discussions between your planners and Ben (ourplanner) – we were providing you: two planners (as per above – one is anOperations Officer who was previous a Firey (O3), the other a Loadmaster PlannerE9)), a third senior planner/Ground Defence (O5 level); and three who could beemployed undertaking fire break activity (one of which is a female) (E2-E5). Thislatter element is not reflected in para above. Please confirm

Kaarin Kooij

Group CaptainDirector of Personnel / Senior ADF Officer Glenbrook

(02) 4737 7030Headquarters Air Command | Royal Australian Air Force |RAAF Base Glenbrook NSW 2773<image002 png>

IMPORTANT: This email remains the property of the Department of Defence.Unauthorised communication and dealing with the information in the email may bea serious criminal offence. If you have received this email in error, you arerequested to contact the sender and delete the email immediately.

From: Scott, Michael COL 7 <[email protected]> Sent: Sunday, 24 November 2019 8:55 PMTo: Wake, Daniel LTCOL <[email protected]>; Franklin, Dean COL 1<[email protected]>; Ryan, David COL 1<[email protected]>; Kooij, Kaarin GPCAPT<[email protected]>; Stephenson, Charles CAPT - RAN<[email protected]>; Mills, Bruce LEUT<[email protected]>; Watman, Laura LEUT<[email protected]>; Palmer, Scotty COL<[email protected]>; Gray, Benjamin SQNLDR 2

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<[email protected]>; Logue, Jason COL<[email protected]>; Bourne, Charles CAPT - RAN<[email protected]>; Nasveld, Peter COL<[email protected]>; Gibb, Peter GPCAPT<[email protected]>; Gould, Simon BRIG <[email protected]>;Craig, Jayne CAPT - RAN <[email protected]>; Papp, Ashley CAPT - RAN<[email protected]>; Smith, David GPCAPT 12<[email protected]>Cc: Morscheck, Roland WGCDR <[email protected]>; Stafford, NickMAJ <[email protected]>; Copeland, Damian LTCOL<[email protected]>; Phillips, Thomas CAPT - RAN<[email protected]>; Lachlan, Adam LEUT<[email protected]>; Gill, Robert WGCDR 1<[email protected]>; Abeyaratne, Rukshan MR<[email protected]>; HQJOC JOR Watch Commander<[email protected]>; Boulton, Richard CDRE<[email protected]>; AOCWATCH <[email protected]>Subject: For review - DRAFT CDF EXECUTO 2019/008 - Operation CIVIL ASSIST 2019 -Call out of the Reserve [SEC=PROTECTED]Importance: High

PROTECTED

Good evening all

As a follow up to the email chain below, please find attached the DRAFT CDFEXECUTO for Op CIVIL ASSIST 19, the validation activity for the Call Out of Reserves.

I request you please review and provide comments to WGCDR Morscheck NLT 1100hMon 25 Nov 19. I apologise for the limited consultation period; however, I aim forrelease tomorrow afternoon.

Please review the distribution list and share with anyone whom I haveaccidentally omitted.

Kind regards

Mick

Mick ScottColonelDirector Current Military CommitmentsMilitary Strategic Commitments Division

Tel: +61 2 6265 2472Mob

R1-5-A084PO Box 7902Russell OfficesCANBERRA BC ACT 2610

IMPORTANT: This email remains the property of the Department of Defence.Unauthorised communication and dealing with the information in the email may bea serious criminal offence. If you have received this email in error, you arerequested to contact the sender and delete the email immediately.

From: Scott, Michael COL 7 Sent: Friday, 22 November 2019 4:00 PMTo: Wake, Daniel LTCOL <[email protected]>; Franklin, Dean COL 1

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<[email protected]>; David COL 1 Ryan ([email protected])<[email protected]>; Pashley, Douglas COL<[email protected]>; McGann, James LTCOL<[email protected]>; Kooij, Kaarin GPCAPT<[email protected]>; Stephenson, Charles CAPT - RAN<[email protected]>; Mills, Bruce LEUT<[email protected]>; Watman, Laura LEUT<[email protected]>; Palmer, Scotty COL<[email protected]>; Gray, Benjamin SQNLDR 2<[email protected]>; Watson, Trevor LTCOL 1<[email protected]>Cc: Roland WGCDR Morscheck ([email protected])<[email protected]>; Stafford, Nick MAJ<[email protected]>; Damian LTCOL Copeland([email protected]) <[email protected]>; Phillips,Thomas CAPT - RAN <[email protected]>; Bourne, Charles CAPT -RAN <[email protected]>; Lachlan, Adam LEUT<[email protected]>; Gill, Robert WGCDR 1<[email protected]>Subject: Tasks for the Call Out of the Reserve [DLM=FOR OFFICIAL USE ONLY]Importance: High

For Official Use Only

Good afternoon all

We are locked in with QFES for the broad tasks. These tasks are as follows (there isscope to do more than these tasks within the task and purpose):

1. Basic engineering – to include clearance of fire breaks IOT reduce the spreadof bushfires and basic mobility (e.g. clearing debris from road) IOT gain accessto areas.

2. Operations centre staff – provision of HQ staff (general planners, logisticsplanners/managers, air mobility planners, air operations planners,communications planners) IOT enable longer term planning in the QueenslandState Disaster Coordination Centre and enable planning in Regional DisasterCoordination Centres and provide respite to QFES operations staffs. Note:QFES are short of logistics planners and they also lack the ability to plan furtherout than 1-2 weeks.

Locations:

• The tasks will be within 1-2 hours drive of Brisbane.• I have requested the operations centre staff to be employed in 2-3 locations

only – this could be a combination of the SDCC and 1-2 RDCC.

Employment categories

I request the following categories from the Services IOT feed into detailed planning byHQJOC and the JTF:

• Navy – staff officers from categories which are able to fill roles as generalplanners, logistics planners/managers, air mobility planners, air operationsplanners, communications planners.

• Army – categories which can provide and support the engineer effects.• Air Force – staff officers from categories which are able to fill roles as general

planners, logistics planners/managers, air mobility planners, air operationsplanners, communications planners. Personnel from categories which canprovide the engineer effects are also suitable.

Please rescrub your lists to ensure personnel meet the requirement.

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NOTE. It is requested the individuals Reserves are experienced and able tocontribute to an operations team and contribute to (and, if required, lead a planninggroup).

Supplementary staff (regular ADF) can be provided to the operations centres to ensureC2 and effective contributions.

Way ahead

DIRLAUTH is approved with Assistant Commissioner Joanne Greenfield (QFES) fordetailed planning within the above parameters. [HQJOC – Dan, please take the lead.]Her details are as follows:

Joanne GreenfieldAssistant CommissionerEmergency Management and Community Capability

<image003.jpg> Queensland Fire and Emergency ServicesL2/85 Hudson Road ALBION QLD 4010GPO BOX 1425 BRISBANE QLD 4001 Mail Cluster 14.11

(07) 3635 3432

[email protected]

The CDF EXECUTO will be released on Monday. Please let me know if anything elseneeds to be included.

Please reply all to ensure information and nominations are understood by all.

Kind regards

Mick

Mick ScottColonelDirector Current Military CommitmentsMilitary Strategic Commitments Division

Tel: +61 2 6265 2472Mob:

R1-5-A084PO Box 7902Russell OfficesCANBERRA BC ACT 2610

IMPORTANT: This email remains the property of the Department of Defence.Unauthorised communication and dealing with the information in the email may bea serious criminal offence. If you have received this email in error, you arerequested to contact the sender and delete the email immediately.

From: Scott, Michael COL 7 Sent: Thursday, 21 November 2019 6:38 PMTo: Wake, Daniel LTCOL <[email protected]>; Franklin, Dean COL 1<[email protected]>; David COL 1 Ryan ([email protected])<[email protected]>; Pashley, Douglas COL<[email protected]>; McGann, James LTCOL<[email protected]>; Kooij, Kaarin GPCAPT<[email protected]>; Stephenson, Charles CAPT - RAN<[email protected]>; Mills, Bruce LEUT<[email protected]>; Watman, Laura LEUT<[email protected]>; Palmer, Scotty COL<[email protected]>

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Cc: Roland WGCDR Morscheck ([email protected])<[email protected]>; Stafford, Nick MAJ<[email protected]>; Damian LTCOL Copeland([email protected]) <[email protected]>Subject: FW: Call Out of the Reserve - Offer of limited ADF Support to States insupport of the bushfires [DLM=FOR-OFFICIAL-USE-ONLY]

For-Official-Use-Only

Please do not distribute further

Good evening all

A quick updated regarding tasks, Queensland have agreed to the following:

ADF seeks to provide meaningful employment for the entire ADF element, but inparticular the called out Reserves, during this activity. The following offers of supporthas been identified in support of Queensland from 2-4 December (inclusive):

· Basic engineering for a group of 20-30 engineers. This could include taskssuch as clearing/improving fire breaks (such as the task between Canungra andBeechmont) or reopening access routes into areas which have been impactedby fires. The group would have very limited plant capability.

· Staff relief in an operations centre for around 10 staff. Such support couldinclude general planner support (short-term or longer-range), logisticsoperations management and/or planning, communications support, movementsplanning and coordination (both ground and air), and general securityoperations planning. This support could also include back of house support tothe operations centre.

I will be engaging with one of their Assistant Commissioners tomorrow to lock in thedetails.

Please progress identifying your persons based on these tasks. I seek for you to pleaseconfirm the trade/skillset and rank for your nominations by tomorrow afternoon – pleaseensure the ranks you chose are likely to be members who have some leadershipabilities and bring experience (particularly for the staff who work in the operationscentre).

Kind regards

Mick

Mick ScottColonelDirector Current Military CommitmentsMilitary Strategic Commitments Division

Tel: +61 2 6265 2472

R1-5-A084PO Box 7902Russell OfficesCANBERRA BC ACT 2610

IMPORTANT: This email remains the property of the Department of Defence.Unauthorised communication and dealing with the information in the email may bea serious criminal offence. If you have received this email in error, you arerequested to contact the sender and delete the email immediately.

From: Sent: Thursday, 21 November 2019 5:09 PMTo: Joanne Greenfield <[email protected]>

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Cc: John Bolger <[email protected]>;

Stephen Smith (QFES Assistant Commissioner) <[email protected]>;Michael Wassing <[email protected]>; Mark Roche (QFES)<[email protected]>; Scott, Michael COL 7<[email protected]>; Noble, Roger MAJGEN<[email protected]>; Boulton, Richard CDRE<[email protected]>;

Subject: RE: Call Out of the Reserve - Offer of limited ADF Support to States insupport of the bushfires [DLM=For Official Use Only]

For-Official-Use-Only

Dear Joanne

Thank you for your prompt reply and Queensland’s agreement to support the ADFoffer.

I have included my colleagues from the ADF into this email and they will now makedirect contact with Deputy Commissioner Bolger to further refine the arrangements.

I look forward to the positive outcomes of this great initiative.

Regards

Director, Planning and EngagementCrisis and Security Management Branch | Emergency Management AustraliaSecurity and Resilience GroupDepartment of Home Affairs

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For-Official-Use-Only

From: Joanne Greenfield <[email protected]> Sent: Thursday, 21 November 2019 3:48 PMTo:

John Bolger <[email protected]>;

Stephen Smith (QFES Assistant Commissioner) <[email protected]>;Michael Wassing <[email protected]>; Mark Roche (QFES)<[email protected]>Subject: Re: Call Out of the Reserve - Offer of limited ADF Support to States insupport of the bushfires [DLM=For Official Use Only]

Dear ,

Thank you for your email below.

Queensland would be very open to this offer And to accept this support from ADF.

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We of course need to work on the details and the exact skills needed, and how thiswill fit in the QFES chain of command. To take this forward, Mr John Bolger, ourDeputy Commissioner will liaise with the State Disaster Coordinator and yourselves.

There is a state disaster coordinating committee meeting tommorow where this canalso be discussed.

I’m here to support and coordinate. And we will of course need to work on thenarrative around this to ensure the right public messaging.

This is going to be a good learning experience for all of us.

Kind regardsJoanne

From: Sent: Wednesday, November 20, 2019 5:44 pmTo: Joanne GreenfieldCc: Subject: FW: Call Out of the Reserve - Offer of limited ADF Support to States insupport of the bushfires [DLM=For Official Use Only]

For Official Use Only

Hi Joanne

Thank you for your time this evening on the phone to discuss the scoping of theCalling Out of Australian Defence Force Reserves. As I mentioned, this Call Out hasnever been used since the legislation was enacted and given the current bushfireactivity across Australia the ADF are looking at options on how additional supportcould be provided to States/Territories, if required.

Below are some details on the proposal and the offer of support for Queenslandthat you can provide to the Commissioner. For ease of command and control of theADF, as well as provision of logistics and administrative support, the preference is toprovide support in Southeast Queensland.

I look forward to hearing from you at a time that is convenient.

Regards

Director, Planning and EngagementCrisis and Security Management Branch | Emergency Management AustraliaSecurity and Resilience GroupDepartment of Home Affairs

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For Official Use Only

Background

The Defence Act 1903 enables the Governor General to Call Out Reserves oncontinuous full time service to provide ‘civil aid, humanitarian assistance, medical or civilemergency or disaster relief’. Since the legislation was enacted, Call Out has not beenused for the any of the reasons allowable under legislation.

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As you will be well aware, employing novel or exceptional arrangements at a time ofcrisis rarely proceeds smoothly. The Minister for Defence has agreed (subject to PrimeMinister approval), with a group of pre-arranged volunteers of around 20 and for aperiod of not more than seven to ten days (from mobilisation to demobilisation), toconduct a Call Out of Reserve personnel. This might usefully occur annually, early in thehigh risk weather season. In doing so, it will not only assure us of a system that may oneday be required at significant scale, with little or no notice, but will strengthen thepreparedness culture required throughout the ADF to be an effective instrument of lastresort for the nation. This links in to the Catastrophic Crisis Event planning led by EMAin September, providing one possible source of support during prolonged, simultaneousor compounding crises.

Planning to date has identified the following timeline:

• Thursday, 28 November – Proposed Call Out enacted by Governor General• Monday, 2 December – ADF element (inclusive of called out Reserve element)

available in location to provide support to emergency management agenciesfrom early morning

• Wednesday, 4 December – ADF element ceases support at the end of theday/in the evening

• Friday, 6 December – Called out element return to home locations

Defence will provide the command control, logistics and administrative architecture tosupport the tasks. Additionally, the ADF will not use any Reserves who work for, orvoluntarily serve in, emergency service organisations. There will be very minimal, if any,impost on the emergency management agencies.

Offer to Queensland

ADF seeks to provide meaningful employment for the entire ADF element, but inparticular the called out Reserves, during this activity. The following offers of supporthas been identified in support of Queensland from 2-4 December (inclusive):

• Basic engineering for a group of 20-30 engineers. This could include taskssuch as clearing/improving fire breaks (such as the task between Canungra andBeechmont) or reopening access routes into areas which have been impactedby fires. The group would have very limited plant capability.

• Staff relief in an operations centre for around 10 staff. Such support couldinclude general planner support (short-term or longer-range), logisticsoperations management and/or planning, communications support, movementsplanning and coordination (both ground and air), and general securityoperations planning. This support could also include back of house support tothe operations centre.

Important Notice: The content of this email is intended only for use by theindividual or entity to whom it is addressed. If you have received this email bymistake, please advise the sender and delete the message and attachmentsimmediately. This email, including attachments, may contain confidential,sensitive, legally privileged and/or copyright information.

Any review, retransmission, dissemination or other use of this information bypersons or entities other than the intended recipient is prohibited. TheDepartment of Home Affairs and ABF respect your privacy and haveobligations under the Privacy Act 1988.

Unsolicited commercial emails MUST NOT be sent to the originator of thisemail.

This correspondence is for the named persons only. It may contain confidentialor privileged information or both. No confidentiality or privilege is waived orlost by any mis transmission. If you receive this correspondence in error pleasedelete it from your system immediately and notify the sender. You must notdisclose, copy or relay on any part of this correspondence, if you are not the

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intended recipient. Any opinions expressed in this message are those of theindividual sender except where the sender expressly, and with the authority,states them to be the opinions of the Queensland Government.All reasonable precautions will be taken to respect the privacy of individuals inaccordance with the Information Privacy Act 2009 (Qld).

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1

STATEMENT OF AVAILABILITY TO PROVIDE CIVIL AID, HUMANITARIAN ASSISTANCE, MEDICAL AND CIVIL EMERGENCY

AND/OR DISASTER RELIEF

This statement is made on the ………........... day of ………..…………………………….. 20 ……:

I, ___________________________________________________________________________________, Full name of individual, PMKeys and rank

state the following:

1. I understand that a call out order may be made for some or all of the Reserve to provide civil aid,humanitarian assistance, medical or civil emergency and/or disaster relief.

2. I am available and am a volunteer to provide Reserve service for (delete as appropriate):a. an indefinite period.b. the period between ______________________ and ______________________ inclusive.

3. Factors impacting my availability for Reserve service over the above period include:a. __________________________________________________________b. __________________________________________________________c. __________________________________________________________

Name:

......................................................................

Signature:

......................................................................

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For-Official-Use-Only

Hi HDL see attached for your clearance – EXCO docs are currently being reviewed EXCOsecretariat. Anna has cleared all docs

L

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

From: Cawte, Richard COL <[email protected]> Sent: Wednesday, 20 November 2019 9:00 AMTo: Rudziejewski, Anna MRS <[email protected]>Cc: Jones, Melissa MISS 4 <[email protected]>; Copeland, Damian LTCOL<[email protected]>; Ross, Lynne MS <[email protected]>; Deveney,Craig WGCDR <[email protected]>Subject: FW: Request for HDL Clearance - CDF DB, MINSUB and EXCO documents calling out theReserve [DLM=FOR-OFFICIAL-USE-ONLY]

For-Official-Use-Only

Anna,

As discussed yesterday and as per my email earlier today. I have (I certainly hope) amended all ofthe attachments in LTCOL Copeland’s email to reflect

I have used the EXCO document as amended by Lyn yesterday.

I haven’t heard back from Damian Page but I am quite confident my email this morning properlyreduces to writing our agreed position yesterday.

I would recommend we press this through to HDL given the tight time frame.

Damian FYSA in the interim.

Kind regards

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RMC

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

From: Copeland, Damian LTCOL <[email protected]> Sent: Tuesday, 19 November 2019 1:02 PMTo: Cawte, Richard COL <[email protected]>Cc: Mullins, Darryn CAPT - RAN <[email protected]>; Jones, Melissa MISS 4<[email protected]>;

; Ross, Lynne MS <[email protected]>; Boulton,Richard CDRE <[email protected]>; Scott, Michael COL 7<[email protected]>; Holder, Katherine LTCOL 1<[email protected]>; Rudziejewski, Anna MRS<[email protected]>; Bowers, Peter CDRE <[email protected]>;Deveney, Craig WGCDR <[email protected]>Subject: Request for HDL Clearance - CDF DB, MINSUB and EXCO documents calling out theReserve [DLM=FOR-OFFICIAL-USE-ONLY]

For-Official-Use-Only

Dear COL Cawte

BLUF: MSC request HDL clearance of the attached CDF DB, MINSUB and EXCO documents callingout the Reserve by 1200h Wed 20 Nov 19.

Background: MINDEF intends to call out the Reserves, on Continuous Full Time Service unders.28 of the Defence Act 1903, to provide ‘civil aid, humanitarian assistance, medical or civilemergency or disaster relief’ during the ongoing bushfire emergency in NSW and QLD. Tovalidate the process, CDF’s direction is to conduct a limited call out of 20 Reservists (5 Navy, 10Army, 5 Air Force) for a period of 10 days.

CDF has directed that these documents be prepared for presentation to EXCO on 28 Nov 19. The EXCO Secretariat require the signed documents this week.

Request: MSC request HDL clearance are the following documents:

• CDF Decision Brief seeking approval to send MINDEF the EXCO documents for signature;• MINSUB seeking MINDEF signature of the EXCO documents; and• The EXCO documents consisting of:

o Minute Paper for the Executive Council;o Order to Call Out the Australian Defence Force Reserves; ando Explanatory Memorandum.

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o Media TPs

Consultation: Earlier versions of the EXCO documents have were consulted with the EXCOSecretariat, AGD, PM&C however this version has not been consulted. The draft EXCOdocuments need to go back to EXCO Secretariat for review before seeking MINDEF signature. Iwould grateful if DL (Lynne Ross) could facilitate this.

I am in a Call Out Working Group meeting this afternoon, however will be available after 1600h.

RegardsDamian

Damian CopelandLTCOLLegal AdvisorMilitary Strategic CommitmentsPh: +61 2 6266 7517 Mob:

IMPORTANT: Legal professional privilege can be claimed in respect of the above legal advice. Careshould be taken to avoid unintended waiver of that privilege. Unintended waiver can occur if theexistence or content of the advice is disclosed. Stating a view that is based on legal advice does notwaive privilege, providing the legal advice is not referred to or quoted from. If legal professionalprivilege is waived, the whole of the legal advice may have to be produced in litigation or under FOI.To keep this privilege, the purpose and content of this advice must only be disclosed to persons whohave a need to know and on the basis that those persons also keep it confidential.

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

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UNCLASSIFIED

CALL OUT OF THE RESERVE

PDR: QB19-000588Date cleared: 28 November 2019

UNCLASSIFIED

At the request of the Minister for Defence, Senator the Hon Linda Reynolds, the

Governor-General has enacted a limited call out of Reserves to enable Defence to

validate its planning and preparation for large-scale emergencies of national

significance and prolonged periods of civil emergency, in support of civilian

agencies.

This is the first annual validation of call-out procedures.

A total of 23 Reserve personnel will be bound by the call out order for a period of up

to 10 days, starting on 28 November 2019. In accordance with the Defence Act

1903, the Governor-General has ordered the following members of the Reserves

be called out for continuous, full-time service:

a. specified Army Reserve members from Forces Command,

b. specified Air Force Reserve members from Air Command, and

c. specified Navy Reserve members from Fleet Command.

As this is a validation activity, only a small number of selected Reservists, who have

been forewarned, will participate. The Chief of the Defence Force has specified

the period of continuous full-time service for those personnel bound by the order.

The Reservists will work with the Queensland Fire and Emergency Services (QFES)

to support planning, logistics and light engineering in response to the current

bushfires in south-east Queensland. This work will commence on 2 December

2019 for three days.

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From: Cawte, Richard COLTo: Copeland, Damian LTCOL; Jones, Melissa MISS 4Cc: Ross, Lynne MS; Gu, Rebecca MS; Liddy, Joshua WGCDR; Holder, Katherine LTCOL 1; Bowers, Peter CDRE;

Mullins, Darryn CAPT - RAN; Rudziejewski, Anna MRSSubject: RE: Draft CDF Minute specifying period of call out of Reserves [SEC=UNCLASSIFIED]Date: Tuesday, 26 November 2019 6:38:26 AMAttachments: 191125 CDF Minute - Specifying Period for Calling Out Reserves.doc

UNCLASSIFIED

Damian,

I have made a few suggested amendments (tracked and attached).

They really do no more than emphasise that those not identified in the annex have no ‘right orobligation’ to serve under this specific call out.

I presume further administrative information and orders for reporting etc. will be in othercorrespondence. If not it may be useful for them to have those who are identified to have at thevery least a formal requirement to acknowledge the order by reporting to a single POC in aprescribed manner by a set time.

Regards

Richard IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

From: Copeland, Damian LTCOL <[email protected]> Sent: Monday, 25 November 2019 11:39 AMTo: Cawte, Richard COL <[email protected]>; Jones, Melissa MISS 4<[email protected]>Cc: Ross, Lynne MS <[email protected]>; Gu, Rebecca MS<[email protected]>; Liddy, Joshua WGCDR <[email protected]>; Holder,Katherine LTCOL 1 <[email protected]>; Bowers, Peter CDRE<[email protected]>; Mullins, Darryn CAPT - RAN <[email protected]>Subject: RE: Draft CDF Minute specifying period of call out of Reserves [SEC=UNCLASSIFIED]

UNCLASSIFIED

COL Cawte, Melissa

As mentioned below, attached for your consideration is a draft CDF Minute specifying the periodof call out of the Reserves per s.29(1) of the Defence Act.

Noting the call out order calls out the Reserves in FORCOMD, AIR COMD and Fleet, I haveattempted to limit the call out by describing the members of the Reserves that the period of

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service applies to in the Annex. I have attempted to exclude those not described in Annex fromthe period of service. It is not very eloquent and I would be grateful if you could identify analternate approach.

Please note I am out of the office this afternoon at an MSC planning event.

Damian

Damian CopelandLTCOLLegal AdvisorMilitary Strategic CommitmentsPh: +61 2 6266 7517

IMPORTANT: Legal professional privilege can be claimed in respect of the above legal advice. Careshould be taken to avoid unintended waiver of that privilege. Unintended waiver can occur if theexistence or content of the advice is disclosed. Stating a view that is based on legal advice does notwaive privilege, providing the legal advice is not referred to or quoted from. If legal professionalprivilege is waived, the whole of the legal advice may have to be produced in litigation or under FOI.To keep this privilege, the purpose and content of this advice must only be disclosed to persons whohave a need to know and on the basis that those persons also keep it confidential.

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

From: Copeland, Damian LTCOL Sent: Monday, 25 November 2019 8:47 AMTo: Cawte, Richard COL <[email protected]>Cc: Jones, Melissa MISS 4 <[email protected]>; Ross, Lynne MS<[email protected]>; Gu, Rebecca MS <[email protected]>; Bowers, PeterCDRE <[email protected]>; Liddy, Joshua WGCDR <[email protected]>;Head Defence Legal <[email protected]>Subject: Draft CDF Minute specifying period of call out of Reserves [SEC=UNCLASSIFIED]

UNCLASSIFIED

COL Cawte

I will prepare a draft CDF Minute today to specify the period that the Reserves are called out. Once I have done so I will send to you for HDL clearance.

Damian

Damian CopelandLTCOLLegal AdvisorMilitary Strategic CommitmentsPh: +61 2 6266 7517

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IMPORTANT: Legal professional privilege can be claimed in respect of the above legal advice. Careshould be taken to avoid unintended waiver of that privilege. Unintended waiver can occur if theexistence or content of the advice is disclosed. Stating a view that is based on legal advice does notwaive privilege, providing the legal advice is not referred to or quoted from. If legal professionalprivilege is waived, the whole of the legal advice may have to be produced in litigation or under FOI.To keep this privilege, the purpose and content of this advice must only be disclosed to persons whohave a need to know and on the basis that those persons also keep it confidential.

IMPORTANT: This email remains the property of the Department of Defence. Unauthorisedcommunication and dealing with the information in the email may be a serious criminal offence.If you have received this email in error, you are requested to contact the sender and delete theemail immediately.

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