Kevin Andrews (Menzies, Liberal Party, Minister for Defence) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

The Defence Legislation (Enhancement of Military Justice) Bill 2015 will amend legislation relating to the military justice system. The bill contains a number of modest but important amendments and reforms to the Defence Act 1903, the Defence Force Discipline Act 1982, and the Military Justice (Interim Measures) Act (No. 1) 2009.

Schedule 1 of this bill clarifies the legal character and status of service convictions, by providing that a service offence is an offence against the law of the Commonwealth. It also provides for the situations in which convictions may be disclosed under the Defence Force Discipline Act 1982.

The bill creates two new service offences, namely that of 'assault occasioning actual bodily harm' and 'unauthorised use of a Commonwealth credit card'. These two offences did exist previously. However, it is necessary to convert the offences into service offences to ensure that they can be appropriately prosecuted. The bill clarifies the elements of the existing service offence of 'commanding or ordering a service offence to be committed', thereby ensuring that an abuse of military authority can be appropriately dealt with by commanders.

Additionally, the bill replaces the system of recognisance release orders with a system of fixing nonparole periods. This will overcome the problems associated with the ad hoc nature of service tribunals, allowing discipline to be tempered in the imposition of punishments. The bill also replaces the system of fines for persons who are not a member of the Defence Force with a penalty units system, which aligns this form of punishment with contemporary practice in the criminal justice system.

Furthermore, the bill corrects several technical errors which limit the ability of commanding officers to refer charges to the Director of Military Prosecutions. This will also assist warrant officers and senior noncommissioned officers in properly dealing with minor breaches of discipline.

Schedule 2 of the bill provides for the statutory recognition of the Director of Defence Counsel Services. The position is a senior military legal officer who is appointed by the Chief of the Defence Force and is responsible, among other things, for managing the provision of legal representation to accused persons.

The bill also contains several machinery provisions that will assist the Director of Defence Counsel Services in the discharge of their statutory duties, as well as some minor technical changes.

In relation to schedule 3, the bill provides for the extension for another two years of the appointment of the current Chief Judge Advocate and the full-time judge advocate. The judge advocates are senior military legal officers appointed by the Judge Advocate General to either assist court martial members with the application of military law or to sit as Defence Force magistrates in the trial of accused persons. Judge advocates are therefore central to the proper operation of the superior tribunals.

The extension of these appointments will allow the superior tribunals to continue operating while consideration is given to further reforms of the military discipline system.

The bill contains a number of modest but important changes to the military discipline system and the overarching military justice system. The amendments and reforms demonstrate, once again, this government's commitment to the security and defence of Australia and its interests. Moreover, these amendments signal this government's commitment to modernising the military discipline system.

I commend the bill to the House. Debate adjourned.