Marise Payne (NSW, Liberal Party, Minister for Defence) Share this | Hansard source

In providing a few remarks on the summing up for the Defence Legislation Amendment (2017 Measures No. 1) Bill 2017, I would like to thank all senators who have contributed to the debate on this bill and to acknowledge the support shown across the chamber in the second reading debate.

I want to speak briefly to the four separate measures that the bill identifies. The first of those is the amendment to the Defence Act 1903 to enable a policy framework to broaden and expand the conditions under which a positive test result for a prohibited substance must be disregarded, including the usage of over-the-counter medication. I note that concerns have been raised by some senators with regard to privacy issues. However, given this measure would allow Defence personnel to avoid more intrusive show-cause processes when they present a positive result for common treatments, such as cold and flu medicines, it is the government's view this will, in fact, ultimately, increase privacy for Defence personnel, not diminish it.

The second measure amends the Defence Reserve Service (Protection) Act 2001 to ensure all reservists would be eligible for the full range of protections under the act in respect of both their employment and education. The bill will also extend the financial liability and bankruptcy protections for reservists on continuous full-time service that is operational service. The bill will also introduce a new provision protecting reservists in the workplace from harassment or detriment, including victimisation relating to their status or service as a reservist. These measures are the completion of recommendations from a 2008 review of the protections provided to reservists—as senators have noted—and they are long overdue. I commend these to the Senate.

The third measure amends the Intelligence Services Act 2001, the Navigation Act 2012 and the Telecommunications Act 1997, to include the transfer of hydrographic, meteorological and oceanographic functions from the Royal Australian Navy to the Australian Geospatial-Intelligence Organisation in accordance with one of the recommendations from the first principles review of Defence. The hydrographic functions will continue to be subject to parliamentary and statutory oversights. Noting the concerns of some senators that the status quo of freedom of information in particular be maintained for hydrographic, meteorological and oceanographic functions, Defence has provided an undertaking that it will not seek to rely on the exemption from the FOI Act that is provided by the Intelligence Services Act in relation to AGO's non-intelligence functions without strong justification. To that end, I can assure the Senate that Defence and AGO undertake to apply the provisions of the FOI Act as a matter of policy to requests for access to information concerning its non-intelligence functions.

The fourth measure amends the Australian Defence Force Cover Act 2015 to align a small number of the provisions in the act with other military superannuation schemes and to provide clarity on the definition of 'eligible child of a member or invalid', as senators have noted. As mentioned, the bill moves to make some small but significant changes to Defence and other legislation. They will be significant to the operations of Defence, providing streamlining to practices and common sense to policy. They will be significant to members of the defence reserves, who will receive greater protection. They will also be significant to family members of the ADF, who will now benefit from the changes to superannuation. I commend the bill to the Senate.

Question agreed to.

Bill read a second time.