House debates

Wednesday, 1 September 2021

Bills

Defence Legislation Amendment (Discipline Reform) Bill 2021; Second Reading

4:25 pm

Photo of Tony PasinTony Pasin (Barker, Liberal Party) Share this | | Hansard source

Before question time, I was taking the opportunity when leaning into this bill to acknowledge the 70th anniversary of ANZUS. It's often said that blood is thicker than water, and that is true. But what I've also found is that bonds formed in trenches, in combat and in circumstances of particular difficulty are the strongest bonds of all. The Australian people and our Defence Force personnel have stood shoulder to shoulder with US defence force personnel in every conflict and skirmish, every theatre of war, for over more than 100 years. That camaraderie and mateship was confirmed 70 years ago with the establishment of the ANZUS treaty.

I'd like to also quickly reflect on the events most recently at Hamid Karzai International Airport. The anniversary today brings into the cold light of day that relationship but also causes all of us to reflect on the efforts at that airport, where reportedly 13 US defence force personnel lost their lives in the last hours of the evacuation as a result of the evil actions of ISIS-K, who snuffed out the lives of both the brave and the innocent as a result of that disgraceful act of terrorism.

I of course support the bill, the Defence Legislation Amendment (Discipline Reform) Bill 2021. The bill in essence does three things: the reform measures set out in the bill will result in the military discipline system being easier to understand, they will reduce unnecessary delay and they will allow commanders to more simply and quickly address poor behaviour and create an opportunity for early intervention to better support our incredibly professional and brave ADF personnel.

Like you, Mr Deputy Speaker Andrews, I've got a background in the law. I spent my professional life before entering this place defending individuals facing criminal charges. I know a few things about criminal law systems. The first of which is that they need to be easy to understand. They operate in both the general deterrent and specific deterrent spaces. If these systems aren't well understood then it derogates against the ability for that system to operate in a specific deterrence capacity but equally—and I'd argue more importantly—in the general deterrence space. People need to understand very easily what the systems are that will see them brought to trial. It's trite to say, but obviously justice delayed is justice denied. So we owe at least as much to our Defence Force personnel in that, if they are subject to disciplinary action, that action is taken as expeditiously as possible and we do everything we can to mitigate against delays. That's because, ultimately, a delay in these proceedings creates unfairness and, in many cases, it avoids there being a fair outcome.

Finally, we need empowered commanders and leaders to be able to deal with matters quickly to address poor behaviour. There are issues that pertain to morale which sit around questions of how one deals with poor behaviour, particularly within an organisation such as Defence. These are unique beasts, if you like—not the personnel, but rather the organisation of Defence. It's a unique beast, and commanders need to show authority and need to be able to move simply and quickly. They need to be able to nip certain behaviours in the bud quickly, if you like. Equally, those who are subject to allegations of an invariably minor nature—of course, serious matters are referred to the requisite police force for more serious consideration—need to have them dealt with as quickly as possible, both to nip those behaviours in the bud, as I said, but, equally importantly, so that the anxiety and stress around minor skirmishes can be dealt with.

On reviewing the detail, as I did after this matter was discussed within our party room, I was quite surprised to form the view that many of these issues haven't been dealt with at this point before. I'm pleased they're being dealt with now and I hope that this will provide our Defence Force personnel with a greater degree of certainty around the disciplinary system to be used, that it will limit delays and empower our commanders to deal with minor matters as quickly and expeditiously as possible. I thank the House.

4:32 pm

Photo of Andrew GeeAndrew Gee (Calare, National Party, Minister for Decentralisation and Regional Education) Share this | | Hansard source

I would like to thank all members who contributed to the debate on the Defence Legislation Amendment (Discipline Reform) Bill 2021. I would particularly like to thank and acknowledge those members who have served our nation in uniform and brought their considerable experience and understanding to the debate on this bill. I also acknowledge the member for Blair and those opposite for their support of this bill in this House.

This bill will reform the system of military discipline for those who serve in our Defence Force by improving the way discipline officers and summary authorities operate under the Defence Force Discipline Act 1982. It builds on the success of the Discipline Officer system and will enable minor breaches of discipline to be managed as a disciplinary infringement. In doing so, it will remove the stress of lengthy criminal-like investigations and court-like procedures that apply to matters dealt with by summary and superior military tribunals. It also introduces a new cyberbullying service offence. This will send a very strong message to those in uniform that the use of social media to cyberbully another person is unacceptable and will not be tolerated in the Australian Defence Force.

Discipline lies at the heart of military service. These reforms will better support Australian Defence Force commanders and give them the tools they need to defend Australia and its interests. I commend this bill to the House.

Question agreed to.

Bill read a second time.