Editing Australian Defence Force (section)

==Legal standing==
[[Section 51(vi) of the Constitution of Australia|Section 51(vi)]] of the [[Australian Constitution]] gives the [[Australian Parliament]] the power to make laws regarding Australia's defence and defence forces and section 114 prevents the [[States and territories of Australia|states]] from raising armed forces without the permission of the Commonwealth. Under [[Section 119 of the Constitution of Australia|section 119]] the Commonwealth is assigned responsibility for defending Australia from invasion.{{sfn|Khosa|2010|p=2}}

[[Section 68 of the Constitution of Australia|Section 68 of the Constitution]] states that the [[Governor-General of Australia|governor-general]] is the commander-in-chief of the ADF.<ref name="ACs682">{{Cite Legislation AU|Cth|act|coaca430|Australian Constitution|68}}.</ref> In practical terms, this power is largely ceremonial.<ref name=":1">{{Cite web |last=Twomey |first=Anne |author-link=Anne Twomey (academic) |date=3 September 2024 |title=Explainer: the governor-general is also commander-in-chief of the defence forces. What does this mean in practice? |url=https://theconversation.com/explainer-the-governor-general-is-also-commander-in-chief-of-the-defence-forces-what-does-this-mean-in-practice-237959 |website=[[The Conversation (website)|The Conversation]] |language=en-AU}}</ref> The governor-general may only exercise this power on the advice from the prime minister, other ministers or through the [[Federal Executive Council (Australia)|Federal Executive Council]].<ref name=":1" /> The elected government also controls the ADF through the minister for Defence, who has the power under section 8 of the ''[[Defence Act 1903]]'' over the "general control and administration of the Defence Force" and may make directions to the chief of Defence Force that must be complied with.{{sfn|Khosa|2011|p=2}}<ref name=":2">{{Cite Legislation AU|Cth|act|da190356|Defence Act 1903|8}}</ref>

For practical purposes, the decision to commit the ADF to armed conflict is a decision of the elected government, made by the prime minister following deliberations of the [[National Security Committee (Australia)|National Security Committee of Cabinet]] (NSC).<ref name=":4">{{cite web |date=27 November 2024 |title=Memorandum on Government Conventions Relating to Overseas Armed Conflict Decision Making |url=https://www.pmc.gov.au/resources/memorandum-government-conventions-armed-conflict |access-date=24 December 2024 |website=[[Department of the Prime Minister and Cabinet (Australia)|Department of the Prime Minister and Cabinet]] |publisher=Australian Government}}</ref>{{sfn|McKeown|Jordan|2010|p=2}} The NSC may refer its decision to the full [[Cabinet of Australia|Cabinet]] for its endorsement.{{sfn|PM&C|2022|p=41}} However, the precise legal mechanism for the exercise of this war-making power [[Legality of the Iraq War#Australia|is unclear]].{{efn|It is largely accepted that the power to go to war is a prerogative power falling under [[Chapter II of the Constitution of Australia#Section 61: Executive power|section 61 of the Constitution]].{{sfn|McKeown|Jordan|2010|p=2}}{{sfn|JSCFADT|2023|pp=9–10}} It is disputed however whether this power may be validly exercised without the involvement of the governor-general, which has been the contemporary practice at least since the [[Gulf War]].<ref>{{Cite web |last=Sampford |first=Charles |title=Supplementary Submission to JSCFADF Inquiry into International Armed Conflict Decision Making |url=https://www.aph.gov.au/DocumentStore.ashx?id=728daf2d-926d-4057-91da-306f1d92ed88&subId=726476 |access-date=2025-05-23 |website=Parliament of Australia |id=109.2 Supplementary to submission 109}}</ref> Alternatively, it is possible that forces can be committed using ministerial powers granted under section 8 of the ''[[Defence Act 1903]]''.{{Sfn|Sampford|Palmer|2009|pp=363–4}}{{sfn|JSCFADT|2023|pp=11–14}}''}} The Commonwealth Government has never been required by the Constitution or legislation to seek [[Parliament of Australia|parliamentary]] approval for decisions to deploy military forces overseas or go to war.{{sfn|McKeown|Jordan|2010|p=1}}{{sfn|Nelson|2015|p=3}}