- Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland for Defence and Security Cooperation
- The inquiry into the Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland for Defence and Security Cooperation lapsed on 28 March 2025 with the prorogation of Parliament, and was re-referred to the Committee for continued consideration on 29 July 2025.
- The Committee received two submissions and held a public hearing in Canberra on 25 September 2025. A list of submissions can be found in Appendix A and the details of the hearing and witnesses can be found in Appendix B. The transcript of evidence from the public hearing can be accessed through the Committee’s website.
Overview and background
3.3The United Kingdom is Australia’s oldest and most enduring defence and security partner. The two parties have a shared interest in working together to support peace and security in the Indo-Pacific, and in ensuring an international rules-based order is upheld.
3.4The proposed treaty action (Agreement) replaces the Treaty between the Government of Australia and the Government of the Kingdom of Great Britain and Northern Ireland for Defence and Security Cooperation, which entered into force on 30 July 2014.
3.5The purpose of the 2014 Treaty was to formalise the long-standing defence cooperation between the Parties into an overarching legally binding agreement, and to provide ‘a framework to improve the quality of the collaboration between the Parties on defence issues’.
3.6The purpose of this Agreement is to update the 2014 Treaty to reflect the present state of the Parties’ defence relationship, with respect to the evolving global strategic environment.The United Kingdom is steadily increasing its military presence in the Indo-Pacific region. This includes the deployment of offshore patrol vessels and the Littoral Response Group, which is designed for rapid response in coastal areas. Additionally, a UK Carrier Strike Group is expected to operate in the region in 2025.This changes the strategic dimension between the two Parties.
3.7In light of these developments, the Committee heard from the Department of Defence at the public hearing that the Agreement is designed to expand the scope of bilateral cooperation in the following ways:
…the treaty is very much about modernising our treaty arrangement so that it reflects the growth in the relationship… in defence industry… and in our training and exercising relationship. A second area that… marks a difference is just to have these visiting forces provisions. In some respects it's perhaps an anomaly that we've operated alongside the British armed forces over such a long period and trained in each other's territories without a visiting forces agreement... the UK and Australia have a record of consulting with each other in relation to contingencies, but this treaty formalises and enshrines that commitment to consultation, which is a significant thing...
3.8The Agreement will deepen co-operation between the Parties in areas such as cyber security, military equipment and capabilities. The National Interest Analysis (NIA) states that the Agreement ‘establishes a framework governing the reciprocal legal status of members of a Visiting Force and its Civilian Component and Dependants while present in each other’s territory and formalises our practice of consulting on critical issues that affect our sovereignty and security’. At the public hearing, Defence provided examples of this:
…[the Agreement] introduces provisions for enhanced interoperability, reciprocal access to facilities and cooperation on advanced capabilities, such as conventionally armed nuclear-powered submarines under AUKUS Pillar I, and cybersecurity space and emerging technologies under AUKUS Pillar II. The agreement also… formalises status-of-forces arrangements, strengthens information-sharing protocols and broadens the areas of collaboration to include climate security, humanitarian assistance and third-party capacity building.
Justification
3.9The 2014 Treaty was justified by the emergence of global security issues and the economic environment of the time. It recognised the benefits of formalising a long standing and historically strong defence relationship. Engagement activities identified under the 2014 Treaty covered specific topics such as science and technology, capability development, logistics, personnel exchanges, and security of information.
3.10That Treaty also aligned the bilateral relationship between the Parties with similar agreements Australia maintains with France and Türkiye—two other European countries with which Australia has enjoyed longstanding defence partnerships.
3.11This Agreement is in accordance with a 2023 agreement by the two Parties’ relevant Ministers.It modernises the 2014 Treaty in recognition of contemporary challenges and a need to support increased defence and security cooperation , and makes it easier for both Parties’ forces ‘to operate together, and to operate in each other’s territory’.
Obligations
3.12The scope and purpose of the Agreement are stated in Article 2. The NIA summarises this as ‘provid[ing] an overarching strategic framework for the conduct of defence and security cooperative activities to strengthen and focus the bilateral defence relationship between the Parties’. At the public hearing, Defence explained that article 2(e) which determines reciprocal access and use of facilities and areas in the territory of a party by the visiting force implements a framework of mutually determined access.
3.13Article 3 sets out the Areas of Cooperation of the Agreement, stipulating that both Parties cooperate to build ‘a long-term mutually beneficial partnership in defence and security’.
3.14Additional areas of cooperation include, but are not limited to:
- capacity to deploy and operate in peacekeeping and military operations
- participation in certain multilateral security mechanisms, defence capabilities and information exchange under existing agreements such as AUKUS and Five Eyes
- information, document and resource sharing.
Claims and Liability, and Disputes
3.15Articles 4-9 set out how arrangements may be entered into, and the conditions under which arrangements can be made. For example, written arrangements may be made regarding personnel, and the terms and conditions of such arrangements—outlined in Annex 1 of the Agreement—shall apply.
3.16Details of how claims, liability, and disputes will be handled are set out in Article 10. Article 10(1) ‘requires both Parties to waive all claims against the other Party arising from any damage to or loss of its property, or for any injury to, or death of its personnel caused by the acts or omissions of the other Party’s personnel, servants or agents (excluding contractors) in the performance of their official duties in connection with the Agreement’.
3.17Article 10 also stipulates that any cost resulting from loss, injury or death that is due to recklessness, negligence or wilful misconduct will be borne by the Party of the culpable person.
Jurisdictional matters
3.18Jurisdictional matters are set out in Articles 1-3 of Annex 1.The Articles stipulate the rights and responsibilities of the Receiving and Sending States over their personnel, including where disciplinary action is required. Under the Agreement, Australia would remain responsible for administrative and disciplinary matters relating to Australian personnel who are in the United Kingdom.
Consultation
3.19The Department of Defence consulted across the Department, as well as with the following Commonwealth Departments:
- Australian Signals Directorate
- Australian Submarine Agency
- Department of the Prime Minister and Cabinet
- Department of Foreign Affairs and Trade
- Attorney-General’s Department
- Department of Agriculture
- Department of Home Affairs
- Department of the Treasury.
- No concerns were raised during this process. The Agreement text was formally endorsed by the Federal Executive Council in February 2024.
- Consultation was carried out with state and territory governments via the Interjurisdictional Working Group’s Standing Committee on Treaties. No requests for further information or comments were received.
Implementation
3.22The implementation of cooperative activities relating to this Agreement are to be determined by the Parties’ national defence organisations.
3.23No action is required by states and territories to implement the Agreement.
3.24The Agreement will enter into force once each Party provides written notification to the other that they have completed their domestic treaty requirements. The Agreement enters into force on the date that the last Party provides this notification.
Termination
3.25Article 14 provides that either Party can terminate the Agreement by providing 12months written notice, or by the mutual agreement of both Parties.
3.26At the public hearing, Defence further explained the mechanism of termination of the Agreement:
There is no end date specified in article 14 for this particular treaty, but it is subject to termination arrangements in sub 2 of article 14. That's either by mutual consent or by one party giving 12 months notice, so it's an enduring treaty subject to one party or another making a decision as to whether they wish it to continue or not.
Costs
3.27Article 8 provides that each Party will bear its own costs for participation in the Agreement, unless otherwise mutually agreed to by both Parties.For example, Article 4 provides that each Party shall be responsible for facilitating the entry into and departure from the Receiving State for personnel and their dependants. Responsibilities for the duration of personnel and their dependant transfers are outlined in Articles 5–18. At the public hearing, Defence provided further information about how this would work in practice:
…in an exercise arrangement, if the UK are bringing their equipment to Australia or vice versa, the party sending their equipment will bear that cost. It's similar with the use of facilities and equipment in another country as well. It's a broad arrangement and it's intended to be quite flexible in its application.
Future treaty action
3.28The Agreement may be amended at any time with the written agreement of both Parties. Any amendment is subject to Australia’s usual domestic treaty making process.
Ratification status
3.29The Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland for Defence and Security Cooperation was signed on 21 March 2024 during the Australia-UK Ministerial Consultations (AUKMIN) in Canberra.
3.30In the UK, the Agreement was formally presented to Parliament in January 2025. Defence states that:
…the treaty has now cleared parliamentary scrutiny in the UK and can be ratified. The process of ratification has yet to commence, as there is a requirement for some legal formalities to be commissioned.
Issues
3.31The Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland for Defence and Security Cooperation represents a significant addition to Australia’s evolving defence treaty architecture. It complements existing bilateral and multilateral arrangements and reflects a strategic deepening of ties with the United Kingdom. The Agreement reinforces Australia’s commitment to shared defence priorities in the Indo-Pacific region and formalises long-standing practices of consultation on sovereignty and security matters. As noted in Defence’s evidence to the Committee:
[The Agreement is] an overarching framework for defence cooperation between Australia and the UK, as mutually determined… this very much exists as the core framework for our bilateral arrangement with the UK. Obviously, we cooperate closely with the UK in a range of other contexts, but they're not directly enabled by this treaty in the same way that our bilateral cooperation is.
3.32The Agreement frames the broader strategic context of AUKUS, as it provides a foundation for broader defence collaboration between the two parties. As the Committee heard at the public hearing:
...[it] has some linkages to cooperation between Australia and the UK under AUKUS. In article 3, Australia and the UK commit to cooperating and sharing information related to the AUKUS partnership, and, in turn, article 5 of the DSCA [the Agreement] is referenced in the Geelong treaty as it relates to consultation.
3.33The Agreement not only strengthens the mechanism for strategic consultation, it also lays the groundwork for deeper industrial collaboration between Australia and the United Kingdom. During the public hearing, Defence officials highlighted its potential for job creation and sovereign capability uplift:
…defence industrial collaboration in terms of both defence sales between the UK and Australia and also investments in our respective industrial bases is an important part of the work that we are pursuing with the UK that will be supported by this treaty. We certainly see significant opportunity to strengthen our industrial base with the jobs and the advanced skills that that would bring through a range of collaborative projects with the UK, including the Hunter class frigates and the SSN-AUKUS nuclear powered submarines. They are very large projects that will involve significant uplift in defence industry across Australia and significant opportunities for Australian companies to supply into those projects and to build out critical supply chains.
3.34While the Agreement strengthens bilateral cooperation and acts as a mechanism for strategic dialogue and coordination, it does not establish a mutual defence obligation. This distinction was clarified by Defence officials during the public hearing:
…this treaty does not include a mutual defence obligation. There is no equivalent provision to that which, for example, we have in the ANZUS treaty or that which NATO members have in that treaty. It formally mandates consultations on contingencies that may affect the sovereignty and regional security interests of Australia and the UK, and in effect this is enshrining a long established practice we've had between Australia and the UK, but it does not create an obligation for the parties to come to the defence of one another or take any other action.
Committee comment
3.35The Committee recognises the importance of this Agreement in strengthening Australia’s bilateral defence and security relationship with the United Kingdom. The Treaty provides a modernised framework for cooperation that reflects the evolving strategic environment and the increasing presence of UK defence assets in the Indo-Pacific region.
3.36The Treaty’s alignment with Australia’s broader strategic objectives, including its commitments under the AUKUS partnership is welcomed by the Committee. While distinct in scope, the Agreement complements existing arrangements and supports Australia’s long-term security interests through enhanced consultation, interoperability, and industrial collaboration.
3.37The Committee notes that the Treaty formalises long-standing practices of consultation between Australia and the United Kingdom, particularly in relation to contingencies affecting sovereignty and regional stability. While it does not establish mutual defence obligations, it reinforces mechanisms for strategic dialogue and coordinated response.
3.38The Committee acknowledges the Treaty’s potential to support Australia’s sovereign industrial capability and workforce development. The Agreement provides a framework for collaborative defence projects, such as the Hunter class frigates and SSN-AUKUS submarines, which are expected to generate significant employment opportunities and strengthen critical supply chains across Australia.
3.39The inclusion of provisions for visiting forces and reciprocal access to facilities, which will facilitate joint training, exercises, and operational readiness is welcomed by the Committee. These measures reflect a mature and practical approach to bilateral defence cooperation.
3.40The Committee supports the Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland for Defence and Security Cooperation and recommends that binding treaty action be taken.