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Thematic Issue: Rights Protection amidst COVID-19 / General

The Australian Government’s Use of the Military in an Emergency and the Constitution


Anthony Gray

Australia has recently endured a very trying bushfire season and is currently enduring a worldwide pandemic with COVID-19. These events raise very significant legal issues, including the powers of the federal government to deal with emergency situations. A particularly noteworthy feature of the federal government’s response to these crises has been the use of Defence Force personnel to implement its policy decisions. This article considers the federal government’s powers to respond to emergency situations, including the use of the military.

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(2021) 44(1) UNSWLJ 357: