House debates
Wednesday, 13 May 2026
Bills
Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026; Second Reading
5:57 pm
Matt Keogh (Burt, Australian Labor Party, Minister for Veterans’ Affairs) Share this | Hansard source
The bill before us today, the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026, represents one of the most significant reforms to Australia's military discipline framework in decades, delivering on key recommendations from the Royal Commission into Defence and Veteran Suicide. The royal commission heard harrowing stories of sexual violence, unacceptable behaviour and military justice. The legislation before us today takes a significant step towards implementing recommendations in that space. The bill responds to concerns about fairness, transparency, mental health treatment, timeliness and complexity within the Defence Force Discipline Act.
During the debate, the shadow minister raised a concern about the military police equipment measures in the bill. To clarify, the bill creates a power for military policing equipment to be carried, handled and used for the purpose of a member's duty as a police member. This measure replaces the current requirement for individual state and territory agreements to be reached in respect of the suite of policing equipment that is used by military police, which mirrors the equipment that civilian police use to do their jobs. In particular, it will allow for the carriage and use of body-worn cameras while undertaking military police functions and streamline the authorities currently required to store, maintain and carry other equipment, such as tasers.
The basis for use of such weapons will not be changed by this measure. For example, the use of tasers will still only be lawful in circumstances of self-defence where other responses were not reasonably available. With this measure, if such circumstances arose, military police would have the benefit of a body-worn camera recording their use of the weapon. This is an efficiency and transparency measure, which enables the use of the same equipment by military police across all jurisdictions that they operate in with conditions and circumstances of carriage and use able to be limited through ministerial direction.
Collectively, the reforms in this bill will modernise the military justice system so it protects people and, simply, so it aligns with the expectations of the Australian community. Each measure in this bill brings the Defence Force Discipline Act in line with contemporary Australian law and practice, with things like providing for the extinguishment of historical homosexual service conviction records that would not be offences today. The extinguishment of historical homosexual service convictions is an important measure and step in righting a historical wrong. These changes will allow Defence personnel who are convicted of offences purely on the basis of consensual homosexual activity apply to have this conviction extinguished. These law reforms are a step towards healing, seeking to lessen the detriment associated and stigma imposed by former homophobic attitudes and practices. Additionally, the bill enables individuals who are suffering from mental impairment to be treated with respect and dignity whilst being dealt with appropriately under the discipline system.
Importantly, the bill will establish a Defence mental health tribunal framework, one of the most transformative parts of the bill. This tribunal will have the power to order treatment, care or detention when a person is unfit to plead or acquitted due to mental impairment. I thank members across the House for your contributions and for your support of the government's work so far to improve the lives of current and former serving personnel and in implementing the recommendations of the Royal Commission into Defence and Veteran Suicide. It's reforms like this that we've achieved together that will support the wellbeing of Defence personnel, strengthen the integrity of the discipline system and uphold community expectations of fairness and accountability. I commend the bill to the House.
Question agreed to.
Bill read a second time.
Ordered that this bill be reported to the House without amendment.
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