The Australian defence force will have greater powers to respond to domestic terrorist incidents under changes unveiled by the Turnbull government.

Malcolm Turnbull says the changes will make it easier for ADF personnel to work with federal and state governments and their police forces in the event of a domestic terrorist attack.

The changes come after his government initiated a review of the ADF’s support to national counter-terrorism arrangements in 2016, following a spate of terrorist attacks around the world.

He had been hinting for months of plans to strengthen Australia’s counter-terrorism regime following the coronial report into the Lindt cafe siege.

“State and territory police forces remain the best first response to terrorist incidents, immediately after an attack starts,” Turnbull said in a joint statement with the defence minister, Marise Payne.

“[But] defence must be able to contribute effectively to domestic counter-terrorism efforts, in addition to its offshore counter-terrorism missions and regional capacity-building activities.”

Turnbull said the law must be changed that requires state and territory governments to exhaust their capacity to respond to domestic terror events before they can ask for military help.

He said the changes would make it easier for ADF personnel to prevent suspected terrorists “from leaving the scene of an incident”.

He also wants ADF personnel to be placed within law enforcement agencies to assist with liaison and engagement between the ADF and police, and for defence to provide specialised training from special forces for select law enforcement teams.

Tony Abbott, who was prime minister at the time of the Sydney siege, has been arguing for tougher measures for some time.



Abbott has said police need to be handed shoot-to-kill powers during terrorist events and the military needed to be much more hands on.

“We need to change our protocols dealing with terrorist sieges because terrorists don’t expect to get out alive and they don’t care who they kill,” Abbott told 2GB in May.

“I think we do need to give the police a shoot-to-kill power when they reasonably think they are in a terrorist situation and we do need to ensure, without supplanting the appropriate role of the police as the lead agency in a terrorist situation, that there is close cooperation, without muddying the lines of command, close cooperation between the military and the police.”

Turnbull said his government’s review of the ADF’s contribution to domestic counter-terrorism was the first since 2005.

“It is essential that Australia evolves its responses and counter measures in response to the changing threat,” he said on Monday.

Under the changes:



The ADF will offer state and territory governments specialised training from special forces for select law enforcement teams.



The ADF will offer states and territories placement of officers within law enforcement agencies to assist with liaison and engagement. It is hoped this will assist with pre-positioning of the ADF in response to a possible terrorist incident.

The government will strengthen part IIIAAA of the Defence Act to remove constraints in the provisions to “call out” the ADF to assist states and territories.



The changes will include the removal of the provision that currently limits states and territories from asking for ADF support and specialist military skills until their capability or capacity has been exceeded.



The government will also make changes to the act to make it easier for the ADF to support the police response, such as the ability to prevent suspected terrorists from leaving the scene of an incident.



Turnbull says his government’s “No 1 priority” is keeping Australians safe.

“We cannot afford to take a ‘set and forget’ mentality on national security,” he said. “We must constantly review and update our responses to the threat of terrorism.”

Michael Keenan, the justice minister, told ABC radio: “In 2005 we never imagined Australia would be under the current terrorism threat that it is. We need to make sure that the ‘call out’ powers are appropriate for the current circumstances.”

