War powers: Defence to be overseen by a new parliamentary committee

The Joint Statutory Committee on Defence, which would be established through legislation, is an Albanese government response to the parliamentary review of international armed conflict decision-making, the so-called war powers inquiry.

Labor MPs Josh Wilson and Julian Hill had got the ball rolling on the inquiry into war powers by the Joint Standing Committee of Foreign Affairs, Defence and Trade through a resolution at a Labor conference in 2021.

Further work will be undertaken to create the new committee, but it is expected it will have oversight and accountability functions over the Australian Defence Force, the Department of Defence and specified portfolio agencies.

The inquiry's recommendations indicated it will have general parliamentary oversight of war or warlike operations, scrutiny of Defence acquisitions, and have consideration over matters relating to Defence personnel and veterans' affairs.

The Prime Minister and cabinet currently decide when the country should go to war, without the approval of the Parliament. Mr Marles has on Tuesday affirmed the role of the executive in such decisions, not the Parliament as a whole.

The government has agreed that when a decision is taken by the Executive to engage in major military operations a ministerial statement be given in both Houses of Parliament to "inform a timely debate" for the public.

It also agreed that debate in both Houses of Parliament should occur at the "earliest opportunity".

"Sending our Defence Force personnel into international armed conflict is the most consequential decision a government can make and is never taken lightly," Mr Marles said in a statement.

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"This report and the government's response rightly affirms that this remains a decision for the executive, but that it is important that Parliament has effective mechanisms to examine and debate such decisions."

The Defence Department had warned against changing the status quo for decisions about taking the nation to war, while the Greens had wanted both the upper and lower houses of Parliament to approve deploying defence force personnel overseas.

It is proposed that the new defence committee be similar to the Parliamentary Joint Committee on Intelligence and Security, with members appointed by the Prime Minister.

Legislation to establish the committee is expected to be introduced later this year.