Matt Keogh (Burt, Australian Labor Party, Minister for Veterans’ Affairs) Share this | Hansard source

I move:

That this bill be now read a second time.

Introduction

The Royal Commission into Defence and Veteran Suicide delivered its final report in September last year. It contained 122 recommendations.

Recommendation 122 was that the government establish a new statutory entity to oversee system reform across the whole defence ecosystem. The royal commission said that this was its most important recommendation. It went on to say that it considered that this recommendation would 'underpin all the recommendations that precede it' and be 'the most significant action the Australian government can take to address defence and veteran suicide'.

In acknowledgement of the significance and urgency of this recommendation, in February 2025 the Albanese Labor government legislated the creation of the Defence and Veterans' Service Commission, and it has been up and running since the end of September.

The current enactment within part VIIIE of the Defence Act 1903, by way of schedule 9 of the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025, passed the parliament in February 2025 and ensured that the commission could be up and running by September and not be subject to the vagaries of an intervening federal election.

The role of this new statutory oversight entity is to provide independent oversight and evidence based advice to drive system reform to improve suicide prevention and wellbeing outcomes for the defence and veteran community. The commission will have a dedicated and sustained focus on suicide prevention.

It will ensure agencies implementing royal commission recommendations will be held to account by promoting long-term change and driving the system reforms needed to reduce the rates of suicide and suicidality among serving and ex-serving ADF members.

Importantly, the commission will be publicly reporting on the government's progress on implementing the government's response to the recommendations of the royal commission on the third and sixth anniversaries of the government's response; by 2 December 2027 and 2030.

To meet these objectives, the commission must have the independence, functions and powers necessary to meet these objectives and maintain the trust of the defence and veteran community.

This bill delivers on the full implementation of this by enshrining the legislative establishment of the Defence and Veterans' Service Commissioner and commission into its own standalone legislation as always intended.

Senate c ommittee recommendations addressed

This is also why the government was happy for there to be a review of that legislation by the Senate Foreign Affairs, Defence and Trade Legislation Committee, with a view to its recommendations being included in this bill.

The committee reported on 29 August 2025, and I thank all those who contributed submissions and provided evidence to the committee. The submissions, evidence and the committee's report have informed the development of this bill.

Recommendation 1: Standalone legislation for the c ommission

On 4 September this year I updated the House on the implementation of the recommendations of the Royal Commission into Defence and Veteran Suicide. In that statement, I indicated that the government would implement standalone legislation for the Defence and Veterans' Service Commission to reflect its independence.

This is also the first recommendation of the Senate committee report on the current enabling legislation in part VIIIE of the Defence Act.

This bill delivers on that commitment.

Recommendation 2: Commissioner functions include reference to veterans' families

The Senate committee review into schedule 9 provided an opportunity for stakeholders to raise their concern with the VETS Act enabling legislation. These submissions were reviewed and considered in the development of this legislation. Key themes included strengthening the independence of the commissioner, ensuring families were formally recognised, and ensuring that the commissioner has the necessary powers to conduct inquiries effectively.

There is no doubt that families of veterans play a vital role in the health and wellbeing of veterans but also face unique challenges themselves. I'm pleased that through this legislation we're able to acknowledge the significance of veteran families in line with the recommendations of the Senate committee by expressly referencing families in the functions of the commissioner.

Recommendation 3: Commission functions and powers reviewed

At the beginning of this year the government appointed Michael Manthorpe PSM as the interim head of the Defence and Veterans' Service Commission, to commence work on getting the commission up and running, as well as advising the government on any improvements to the legislation that may be required. Mr Manthorpe made a comprehensive submission to the Senate committee review, suggesting amendments to the functions and powers of the commission. In line with recommendation 3 of the Senate committee inquiry report, the government has reviewed these proposals in detail and adopted these in the amendments.

Strengthens c ommissioner independence

This bill strengthens the independence of the commissioner by ensuring that the role is appointed by the Governor-General after a merits based and public recruitment process. A person will not be eligible for appointment as commissioner if they have served in any capacity in the ADF within the past five years.

In addition, the commissioner is not to be subject to direction in relation to the conduct of an inquiry, with the exception of a minister-directed inquiry where the minister may set the terms of reference and timeframe, and select the individual to run the inquiry based on advice from the commissioner. A minister-directed inquiry function is consistent with the functions set out for the commission by the royal commission.

Additional parameters have been placed around the minister's power to direct an inquiry, such that the minister must have regard to the objects of the legislation, the resources of the commission and its other planned inquiries.

Strengthens the c ommissioner's powers

The bill also strengthens the powers of the commissioner in the following key ways:

Strengthens witness protections

It is critical to the success of the commission that those with relevant information feel supported and protected in providing information to an inquiry by the commissioner. This will ensure that the commissioner is fully informed. To assist with this, the bill has expanded the scope of witness protections to ensure that a person does not suffer detriment due to providing this information. Protections from criminal and civil penalties which may arise where a person gives information to the commissioner have also been expanded to include where that information is provided voluntarily.

Strengthens transparency of the c ommission's work

Lastly, a number of the new measures in the bill will improve the transparency of the work of the commission and ensure accountability of both the commission and those persons or bodies subject to oversight. These measures include:

Government has listened and acted

The government has listened to feedback from stakeholders and has taken action. These changes in the bill will ensure that the commissioner has the tools necessary to ensure that the Defence and Veterans' Service Commission is enabled to drive system reform to improve suicide prevention and wellbeing outcomes for serving and ex-serving Australian Defence Force members.

This will mean agencies are held accountable to consider and respond to the commissioner's recommendations. The enduring nature of the commission will ensure that the voices of our veterans continue to be heard and that systemic issues that contribute to suicide in our veteran community are continually reviewed and addressed.

Conclusion

As I said in the House on 4 September, it is our nation's duty to empower and support the mental health and wellbeing of our defence and veteran community, with a view to reducing the elevated rates of suicide and suicidality.

The commission will be a powerful force for change, overseeing sustained improvement in how we protect the lives of those who protect us.

This bill provides the foundation for what the royal commission deemed to be the most significant action the Australian government can take to address defence and veteran suicide—an independent commissioner and commission. I commend the bill to the House.

Debate adjourned.

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