House debates

Wednesday, 13 May 2026

Bills

Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026; Second Reading

4:50 pm

Photo of Renee CoffeyRenee Coffey (Griffith, Australian Labor Party) Share this | Hansard source

I start by recognising all who currently serve or have previously served in the Australian Defence Force—veterans and their families, those who support them, the people who provide their care and those grieving lost loved ones. Their bravery and courage helped bring the Royal Commission into Defence and Veteran Suicide into being. Some talked about their own time in the military, others about the person they loved and lost. Some spoke of the systems they tried to use, the phone calls they made, the concerns they raised, and the times when help should have arrived earlier and the damage done when it didn't. To everyone who shared their story with the royal commission, I say: thank you. The evidence provided to the royal commission was deeply felt. It was painful and it was freely given with the hope that others will be safer, get better help and be treated with more respect.

This bill, the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026, is part of how we show courage with concrete action. Service isn't just done by the person in uniform; it is also carried out by their families. Before coming into this place, I worked with the children of defence families, and it's work that has stayed with me. We naturally think of the person in uniform when we talk about service, but it's also carried out at the kitchen table, in classrooms, in the playground and in the normal everyday life of a family. For children in defence families, service can mean long goodbyes to a parent, changing schools and suburbs, leaving friends and having to get used to a new life—sometimes multiple times. It brings pride, yes, but also worry to a young person trying to understand a parent's stress, injury, trauma or absence at a time when they may not have the words for it. I saw the strength in those families and how important it is for the support around them to be consistent and respectful and to respond to their needs. When one person serves, the entire family is impacted.

I want to take a moment to acknowledge those in my electorate of Griffith who are doing very important work with the veterans who served our country. In Griffith we're fortunate to have Gallipoli Medical Research, whose work has been changing lives for two decades. Last year Gallipoli Medical Research celebrated its 20th anniversary, and it was a real joy to be there and join them for that milestone. It was a moment to recognise not only the research itself but the people behind it—the clinicians, researchers, veterans, families, partners and supporters who have built an organisation grounded in service, care and evidence.

There was a moment from the last time I had the privilege to visit Gallipoli Medical Research that will stay with me forever. As we walked through the building, we were quietly asked to pause and step aside. We didn't know why at first, and then we saw a flag-draped coffin being carried past—a veteran, a soldier who had served this nation with courage and conviction. The hallway fell silent and we stood united in our respect. In that moment I thought about the profound responsibility we all share to do everything in our power to safeguard the futures of those who safeguarded ours. I thank everybody at Gallipoli Medical Research for the work they do each day to improve the health and wellbeing of veterans, service personnel and their families.

I also acknowledge Legacy for the extraordinary care they provide to families connected to service. For generations, Legacy has stood beside partners, children and families carrying grief, loss and uncertainty after a loved one's service. Their work is practical, compassionate and deeply human, from social connection and advocacy to support for young people, helping families feel less alone when life has changed in ways they never expected.

Just a couple of weeks ago I was able to visit another service in my community, Mindful Mates Social Services, and its founder, Josh. He's passionate about building mental fitness for veterans, and there are so many other individuals in my community who are doing this really important work.

Through these experiences and through my past work in the mental health sector, I know that mental wellbeing isn't just about what happens inside a person; it's also shaped by what support systems are around them. A clear, understandable process can lessen someone's distress. A safe work environment can encourage people to get help sooner. A system that actually listens can help someone feel less on their own. But the reverse is also true. Delays, confusion, people being ashamed to ask for help, and silence can all make things worse. Someone already vulnerable can be pushed even further into crisis if they feel stuck in a system that doesn't hear them, defend them or treat them fairly. That is why the royal commission's conclusions about military justice are so vital.

The royal commission showed that people in the ADF who have been involved with the military justice system are more likely to attempt suicide, and it was very clear that a properly working military justice system is essential not only for the good order and running of the Defence Force but also for the mental health and wellbeing of those who serve. That's a significant point. It shows us that justice, discipline and looking after people's wellbeing can't be viewed as separate things. A victim of a crime needs to be protected, informed and supported. Someone accused of a crime needs to be treated fairly, have a clear understanding of the process and not have that drag on and on. If mental health is a factor, the system must have the skills and understanding to respond with care. This bill helps move the military justice system in that direction.

The Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026 puts into action important recommendations from the royal commission relating to military justice, specifically recommendations 18, 20, 23, 34 and 63. In effect, the bill aims to bring the military discipline system up to date. It makes sure victims are better protected, especially victims of sexual and violent attacks. It creates better mental health support for people going through military discipline processes. It makes the process simpler, fairer and faster. It increases openness. It brings parts of the military justice system more in line with the standards Australians expect from other courts.

This bill prioritises protecting victims and making workplaces within the Defence Force safer, particularly when investigations into sexual misconduct or serious crimes are happening. The royal commission's entire sixth volume dealt with sexual violence in the military, unacceptable behaviour and military justice, and it's something we should all be deeply concerned about. No-one should ever feel unsafe at work or be made to continue working with someone being investigated if it puts their safety or wellbeing at risk.

I would like to take this opportunity to acknowledge a particularly fierce advocate in my community for our veterans—in particular women veterans and women who serve in our defence forces—Julia Delaforce. I am incredibly appreciative of Julia for all of her ongoing work in this space, standing up for the rights of our female soldiers and veterans.

The bill makes it easier to suspend Defence Force members and now includes situations where someone is under criminal investigation by the police, not just the Defence Force itself, and where workplace safety could be jeopardised. This is a sensible and kind change. Safety doesn't have to wait for charges to be filed. Defence, like any employer, needs to act when there is a risk of harm.

Sentencing for serious violence and sexual offences will also be improved. Tribunals will have to think about the effect on victims, and the difference in rank between the person committing the offence and the victim will be recognised as important. This is especially vital in the military, where rank is a key part of daily life, and abusing that power can be incredibly damaging.

Accountability is also being improved. Some convictions within the Defence Force will now be included in a person's criminal record when they deal with the civilian police. Serious wrongdoing shouldn't just disappear within the Defence Force's internal procedures. Victims need to feel the system isn't downplaying what happened to them, and the public generally have a right to transparency.

The bill also introduces a disciplinary issue, a service offence for harassment and a related breach of rules and regulations. This gives commanders clearer ways to deal with unacceptable behaviour and reinforces the standards expected across the entire ADF.

Changing culture isn't just about new laws, but laws can set expectations, give leaders more responsibility and make it harder to excuse, ignore or cover up bad behaviour. A defence force where people are treated with respect isn't a bonus; it's absolutely essential for safety, trust and the Defence Force being able to do its job. People perform best when they feel valued, are more likely to get help early if they'll be treated well and have more faith in the system if they see harmful behaviour having consequences.

Important changes are also being made to how mental health is handled within the Defence Force's disciplinary system. A Defence mental health tribunal framework is being established, and courts martial, Defence Force magistrates, review bodies and appeal courts will have clearer ways to order mental health assessments. This is a significant step forward, acknowledging that mental health problems require specialist, structured and compassionate care. If someone is too mentally unwell to enter a plea or to be held responsible for their actions, the system should have a proper route to providing care, treatment, possible detention or release with appropriate protection for everyone. This isn't about letting people off the hook; it's about ensuring accountability is combined with fairness, a good understanding of the clinical issues and public safety.

The language in the Defence Force Discipline Act is also being updated, including the offence of 'malingering'. Language, we know, can make stigma worse or reduce it, and, in mental health, this is absolutely, vitally important. In the Defence Force, where people are already reluctant to seek help because of rank, the culture and fears about how it will affect their career, it's even more important. Recommendation 63 of the royal commission endorsed reducing stigma and getting rid of barriers to getting help, and this bill contributes to that. The bill also makes the military discipline system more efficient. This might seem like a technical detail, but it will have a real impact on people. When a case drags on, everybody suffers. Victims are kept waiting, those accused are in limbo, families are stressed, commanders are less clear about what's happening, and people lose faith in the system. This bill creates a new system for 'summary contraventions'—less serious offences—as a middle ground in the discipline system.

Finally, this bill puts right a shameful injustice. Defence personnel were punished for a long time for having consensual same-sex relations. Some were charged and convicted under Defence Force laws for something that should never have been a crime. These convictions did lasting damage to people's careers, records, reputations, relationships and families and caused unnecessary shame. This bill allows people to apply to have these convictions removed if the activity was consensual and wouldn't be a crime if it happened between a man and a woman. People with a close connection to the case, including the families of veterans who have died, can also apply. If a conviction is removed, it will be taken off all Defence Force records, and the person won't have to disclose it. Others will be prevented from disclosing it without permission. This won't erase the pain caused by this past discrimination, but it can reduce ongoing legal and personal problems. It can give back dignity to records that should never have been marked like that. It's telling those veterans and their families that their service is valued, their dignity is important and their record should never have been tainted by prejudice.

These reforms go to the real human consequences of a system that must be safer, fairer and more responsive. It gives victims stronger safety measures, makes it easier to get mental health help, speeds things up and simplifies them, encourages openness and responsibility and puts right something wrong from the past. It will help create a military justice system which is more in line with the principles we expect of our Defence Force personnel—dedication, consideration for others, bravery, honesty and looking out for one another. We need to continue this improvement for all who are serving, all those who have served and their families who share in the burdens of service. There is still so much more work for us to do in this space, but I am so proud of these changes and what they will address. I do absolutely acknowledge the hard work that is happening throughout Australia and, in particular, in my community. For all of those who have been advocating for these changes and changes beyond this—I absolutely acknowledge their passion, their persistence and their absolute, fierce advocacy on these matters. I thank them very sincerely.

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