Stuart Robert (Fadden, Liberal Party, Shadow Minister for Defence Science, Technology and Personnel) Share this | Hansard source

The Australian Military Court, by virtue of background and history, was established in 2007, in legislation that had the bipartisan support of both sides of the parliament. The court's establishment followed a series of Senate committee reports, over a number of years, recommending extensive changes to the system of military justice.

On 26 August 2009, however, the High Court of Australia handed down its decision in the case of Lane v Morrison. The case challenged the constitutional validity of the Australian Military Court. The High Court found unanimously that the provisions of the DFDA 1982, establishing the Australian Military Court, were indeed invalid because the Australian Military Court purported to exercise the judicial power of the Commonwealth but did not meet the requirements of chapter III of the Const­itution.

The current interim military justice system was established following the High Court's decision. The interim military justice system was established under the Military Justice (Interim Measures) Act (No. 1) 2009. We were told by then Minister Faulkner—second out of a line of three defence ministers in this government over four years—when it was introduced that rectifying the military legal problem would be 'afforded the government's highest priority'. If it was afforded the government's highest priority, then why are we back here two years later extending the provisions with the Military Justice (Interim Measures) Amendment Bill 2011?

I was here under the almighty reign of the former Prime Minister, the member for Griffith, where he had wars on everything—a war on Indigenous disadvantage, a war on obesity, a war on unemployment—

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