Thinking about working overseas?

What you need to know about Safeguarding Australia’s Military Secrets 

Recent events at home and abroad are a timely reminder that Austral­ia’s national security relies not only on platforms and capabilities, but on how Defence knowledge, skills and experience are protected, even after a uniform is hung up or a role changes. 

Earlier this year, an Australian Army Reservist was charged with allegedly working for a foreign military without authorisation. Internationally, similar legisla­tion is being actively enforced by close partners. The United States, for example, has recently charged former military personnel for pro­viding unauthorised training to foreign militaries under its export control laws. 

These cases highlight that: 

  • Defence knowledge retains its sensitivity over time 
  • intent does not remove legal obligations 
  • early advice can prevent serious consequences. 

What is SAMS? 

The Safeguarding Australia’s Mil­itary Secrets (SAMS) framework, established under amendments to the Defence Act 1903, helps protect Australia’s military capa­bilities, operational advantage and national interests. 

In practical terms, SAMS requires certain individuals to obtain a For­eign Work Authorisation (FWA) before providing defence-relevant services, skills, knowledge or expe­rience to a non-exempt foreign government, foreign military, or for­eign government-controlled entity. 

These obligations can apply more broadly than many people expect, including to: 

  • current ADF members, Defence APS employees and contractors 
  • certain former Defence personnel 
  • others with access to sensitive defence knowledge, experience or information, including in defence industry and the higher education and research sector. 

Importantly, this is not limited to technical or combat roles. It can include training, advisory, consul­tancy, research or other professional services. 

Supporting informed decisions 

SAMS is not about restricting legiti­mate opportunities or international engagement. It is about ensuring sensitive defence-related knowledge is a shared responsibly and in Aus­tralia’s national interest. 

If you are considering working overseas – even in a civilian or technical capacity – it is impor­tant to pause and consider whether your knowledge or experience may be relevant. 

Did you know that a Foreign Work Authorisation may not be required for certain work with a Five Eyes partner (US, UK, Canada or New Zealand) or certain activities? 

Early engagement is encouraged. 

Public consultation notice 

Defence will shortly seek feed­back on proposed amendments to the Defence (Non-Foreign Work Restricted Individual) Determina­tion 2024, including updates to job family function, role names and clarification of time elapsed provi­sions. Watch out for further updates. 

For further information, contact us on: 

Department of Defence Safeguarding Australia’s Military Secrets advertisementt