Matt Burnell (Spence, Australian Labor Party) Share this | Hansard source

The Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026 speaks to national responsibility in the lived reality of those who serve, those who wear the uniform today and those who have worn the uniform, and the families who carry the burden of service alongside them. When Australians step forward to serve their country, there is an understanding not written down but deeply felt that the nation will stand behind them in return for their service and/or sacrifice. That obligation matters most in difficult moments when people are under pressure and relying on the systems around them to work as they should. It is reflected not simply in what we say about service but in the practical support—the protections and accountability we build into the institutions responsible for caring for those who serve.

The Royal Commission into Defence and Veteran Suicide asked this country to confront some very hard truths. It asked us to listen carefully to the experiences of serving personnel and veterans, and, importantly, their families. It showed that while service remains a great source of pride for many Australians, for too many it was accompanied by harm that should never have been allowed to occur.

The royal commission also made clear that systems intended to support personnel and veterans could at times contribute to their distress, particularly when processes became overly complex, delayed or disconnected from the human impact they were having. In too many cases, those pressures left individuals feeling isolated, unheard and unsupported at the very moment they needed confidence in the institution around them. That is why this government called for the royal commission while in opposition, that is why we supported its work while in government and that is why we are now focused on implementing its recommendations—not slowly, not reluctantly, but with purpose. On 2 December 2024, the government delivered its formal response. Of the 122 recommendations put forward, we agreed in principle to 104, and, further, 17 were noted for further work. By the end of 2025, 32 recommendations had already been implemented, and, by the end of this year, around two-thirds of all recommendations are expected to be in place. That is progress. But we are not finished, and we're not at the finish line yet.

This government is committed to delivering the royal commission response because those who have served our nation deserve more than words; they deserve action. In the budget announced last night, we committed to investing more than $770 million in additional funding to deliver on the recommendations of the royal commission and strengthen support for veterans and defence personnel across Australia. That includes a $169.7 million investment over five years to increase fees for allied health providers from 1 July 2027, representing the single largest investment in allied health fees for veterans in more than two decades. We're also investing $29.8 million to support the establishment of a national veterans data asset, helping ensure governments can better understand the experiences of veterans and deliver services that meet their needs. In addition, this budget provides $16.6 million for the Defence and Veterans' Service Commission to conduct an independent inquiry into military sexual violence in the Australian Defence Force from the middle of 2026. These investments are about accountability, reform and making sure that those who have served our country are treated with the respect, care and support they have earned.

The legislation before the House also goes to one of the most important parts of that reform task—the military justice system. For many Australians, 'military justice' might sound like a narrow or highly technical area of policy, but, for those serving within Defence, its impact is far more significant and deeply personal. It influences how misconduct is addressed, whether victims have confidence to come forward and whether personnel are treated fairly, shaping culture, standards and trust across Defence. The royal commission made a very clear finding that involvement in the military justice system is associated with an increased risk of suicide. That is a sobering conclusion because it makes clear that the structure and operation of the system itself can have a profound impact on the people moving through it. The length of time that processes take, the way individuals are treated during those processes, the support available to them and the broader culture surrounding the system all play a role in shaping outcomes and influencing trust in the institution. This bill recognises that reality. It recognises that military discipline and mental health cannot be treated as separate conversations. It recognises that workplace safety cannot be an afterthought. It recognises that fairness, efficiency and accountability must sit alongside one another, not in competition but in balance.

The royal commission dedicated significant attention to the issues of sexual violence, unacceptable behaviour and the operation of military justice. It reflected the fact that these issues go to the core of whether Defence is a safe and respectful workplace, because discipline on its own is not enough to build a strong and effective organisation. Trust between personnel matters, respect within the workplace matters, and creating an environment where people feel safe and supported matters just as much to the long-term strength and integrity of Defence as does a culture where misconduct is addressed properly, consistently and transparently, giving personnel confidence that standards have been upheld fairly across the organisation. This reform takes a significant step toward that goal. It modernises the Defence Force Discipline Act, which implements key recommendations of the royal commission. It brings military justice closer to the standards Australians expect from contemporary systems of fairness and accountability. But, more than that, it reflects a shift in approach, a shift away from seeing discipline as purely procedural and toward understanding it as part of a broader system that impacts wellbeing, culture and trust.

One of the most important aspects of these measures is the strengthening of workplace protections, particularly in cases involving serious misconduct. Too often, individuals who raise concerns have found themselves continuing to operate in environments that feel unsafe. Too often the burden has been placed on the person who reports harm rather than on the system to respond effectively. That cannot continue.

This bill expands the circumstances in which a person can be removed from the workplace. It allows action to be taken where a person is under civilian criminal investigation and where there is a risk to workplace safety. This is not about prejudging an outcome. It is about managing risk, and it is about protecting people. It's about ensuring that the workplace does not become another site of harm while processes unfold. The bill also deals with how serious offending is recorded and recognised. The royal commission identified the importance of ensuring that convictions for sexual and related offences are properly documented. Also established is a framework for mandatory disclosure of relevant convictions, and importantly it aligns Defence processes more closely with civilian expectations.

Where appropriate, convictions will be reflected in civilian criminal history records. That is meaningful change because accountability must be visible, must be consistent and must reflect the seriousness of the conduct, regardless of the system in which it is being dealt with. Also introduced is a specific disciplinary offence relating to harassment, and that is an important step forward. Harassment is not a minor workplace issue that can be brushed aside or dealt with informally. It goes directly to the culture of an organisation and the safety of those within it. It can erode confidence, isolate individuals from their peers and leaders and place sustained pressure on a person's mental health over time. Left unchecked, it does more than harm to the individual. It creates an environment where standards slip, where poor behaviour is normalised and where more serious misconduct can take root. By giving Defence clearer tools to address harassment early and consistently, this bill reinforces expectations of respect, accountability and professionalism across the force. It reinforces the expectation that all members of Defence, regardless of rank or role, are held to the same standard of behaviour. That matters, and it supports the broader cultural change that the royal commission called for.

Another important reform relates to the handling of sensitive material. People who come forward in cases involving sexual offending or other deeply personal matters must have confidence that their information will be treated with care. This reform strengthens protections around the disclosure of that material. It reduces the risk of unnecessary exposure, and it helps build trust in the system. Alongside that, the bill also allows the use of video evidence in sexual offence matters. That is consistent with modern practice in civilian courts. It recognises that the process of giving evidence can itself be traumatic, and it seeks to reduce that burden without compromising fairness.

A critical part of this legislation is its focus on mental health within the discipline system. For too long, the mechanisms available have not reflected contemporary understanding of trauma, stress and suicide risk. This bill introduces treatment pathways and diversionary options where appropriate. That does not mean misconduct is overlooked. It ensures the system is better equipped to respond to the individual circumstances of those before it, including recognising where mental health is a relevant factor and tailoring responses accordingly. Just as importantly, it helps guard against outcomes where the process itself compounds distress, ensuring the operation of the system reduces harm rather than inadvertently adding to it. By streamlining processes and reducing unnecessary complexity, the bill also helps shorten the time individuals spend within the system. That matters.

Prolonged uncertainty can be deeply damaging, particularly for those already under strain, and delays only serve to compound that stress over time. A system that operates efficiently is not just administratively better; it is more humane and ultimately more likely to earn the trust of those who depend on it. These reforms operate across all levels of military discipline. They are designed to create a more consistent, modern and effective system, one that supports good order and discipline while giving commanders the clarity and authority to act appropriately. At the same time, it helps ensure resources are directed where they are needed most, towards serious matters.

While aligning the operation of the system with the expectations the community rightly holds of fairness, accountability and professionalism, importantly, the bill also addresses an historical injustice. It provides a pathway for defence personnel who were convicted solely based on consensual homosexual activity to have those convictions extinguished. This is a significant measure because it acknowledges that past policies caused real harm. It acknowledges that people were punished not for wrongdoing but for who they were, and it provides a means to remove the ongoing impact of those convictions, including preventing their disclosure. It also allows families, including those of deceased veterans, to apply. That matters because the effects of those policies did not end with an individual; they extended to families, to reputations and to legacies. We know that this reform cannot undo the past, but it can help address its consequences.

These legislative changes sit within a broader program of reform. Work is underway to further examine military sexual violence, including research into military sexual trauma and stronger responses and support for victims. Legislative change on its own is not enough to deliver the reform that is required. It must be accompanied by cultural change within institutions, by stronger accountability at every level and by sustained attention to ensure those changes take hold over time. It strengthens protections for those at risk, improves accountability across the system, modernises processes that have not kept pace and recognises the clear connection between justice, culture and mental health outcomes.

This debate ultimately comes back to some simple questions: Are we prepared to learn from what the royal commission has told us? Are we prepared to make the changes required? And are we prepared to ensure that the future generations of defence personnel are better protected than those who came before them? These amendments answer those questions with a resounding 'yes'. It does not claim to do everything, but it does take an important step forward. It reflects a commitment to fairness, a commitment to safety and a commitment to ensuring that those who serve are supported by systems that are worthy of their service.

To the veterans and families who shared their experiences: your voices have been heard. To those currently serving: your wellbeing matters. To those we have lost: this parliament has a responsibility to act. That responsibility continues, and today we take a take a step towards meeting it.

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