Renee Coffey (Griffith, Australian Labor Party) Share this | Link to 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.

Michael McCormack (Riverina, National Party) Share this | Link to this | Hansard source

As I rise to address the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026, I just want to note the attendance in the Federation Chamber of departmental and Australian Defence Force personnel and want to thank them for talking me through aspects of this bill. The DVA is an organisation which provides so much assistance to our veterans and sometimes is criticised unfairly. I would urge and encourage veterans who need support to reach out to the DVA. It is always there. It is always absolutely wanting to provide the best care and support available to our wonderful veterans. I thank the members in the chamber today for their presence.

I also want to acknowledge the work being played locally in my Riverina electorate in my home town of Wagga Wagga, which is a triservice city. We have the Blamey Barracks, home of the soldier, 1st Recruit Training Battalion at Kapooka. Air power starts at Wagga Wagga at Forest Hill, RAAF Base Wagga. At that particular base we also have 80 or so Royal Australian Navy personnel. So we've got Army, Air Force and Navy in town. The Riverina Veteran and Family Hub RSL Lifecare at 240 Baylis Street plays a vital role for our veterans, as does Pro Patria at 19 Morshead Street, Ashmont. For veterans seeking assistance, or even seeking to get their head around the 122 recommendations of the royal commission, I urge and encourage them to avail themselves of those wellness centres, of those veterans hubs. I thank and commend the people who run those two facilities.

I also thank and commend anybody who has worn a uniform and anybody who is wearing a uniform now, and I encourage anyone who intends to wear a uniform in the future, because our military plays such an important part. We all would have observed that on 25 April, Anzac Day, our nation's most important day. Certainly the 103,000 names on the Roll of Honour at the Australian War Memorial bear testimony to the service and sacrifice of so many. The Australian way of life we enjoy today has been secured through the enduring service, the courage and the sacrifice of the men and women who have defended our nation in uniform. In times of natural disaster, peacekeeping service and armed conflict, members of the ADF have consistently served with professionalism and distinction. In doing so, they've provided essential support to communities in need, contributed to international security and upheld this nation's responsibilities abroad and, of course, at home.

Accordingly, in recognition of their service and sacrifice, it's incumbent upon us to ensure that defence members and veterans are treated with the dignity, the respect and the appropriate support as provided by the Riverina Veteran and Family Hub, as provided by Pro Patria and as provided also in Parker Street, Cootamundra. They've got a wellness centre there. I pay tribute to the late Jacquie Vincent, who has only just recently passed, for her almost 40 years of service providing care and love for veterans in and around Cootamundra and elsewhere.

This bill implements recommendations of the royal commission, a royal commission that was established by the former coalition government in 2021. It was necessary. The royal commission was established after the coalition listened to community calls for a national inquiry focused on the systemic issues faced by defence members and veterans that can result in suicide. The suicide statistics are awful reading. Between 1 January 1985 and the end of 2021, there were 2,007 confirmed suicide deaths of individuals who had served at least one day in the ADF. Those are terrible, damning statistics and so tragic. One death is one too many. One suicide is tragic for the community, for the family and for the defence family at large.

When the coalition established the royal commission, we said its aim was to shed a light on the critical steps needed so we could reduce the heartbreaking cases of suicide. The commission confirmed what veterans and their families and the ex-services community had been saying for so long, and they deserve truth, accountability and reform. We also have an obligation to our Defence Force and veteran community to ensure the issues identified by the royal commission are acknowledged and the necessary action is taken.

The men and women of the Defence Force serve our nation with honour and bravery. They deserve the very best treatment, care and support. The royal commission engaged with key advocacy groups to understand the impacts of service, including the families of veterans killed, Australian Peacekeeper and Peacemaker Veterans' Association and the Australian Federation of Totally and Permanently Incapacitated Ex Servicemen and Women. I know that there's a lot of incredible bipartisan support for anything to do with our veterans, and I acknowledge that. As the shadow minister for veterans' affairs, I appreciate the work that the government is doing to help and support our veterans. The coalition acknowledges that this bill provides the necessary framework to implement recommendations 18, 20, 23, 34 and 63 of the royal commission.

Our military justice system is the integral framework which underpins discipline in the military and command. The coalition appreciates that delays in resolving violations of military discipline adversely affects the morale, the welfare and the operational effectiveness of the ADF. Prolonged uncertainty undermines confidence. It places strain on serving personnel, and this can have an effect on unit cohesion, on unit trust and on command authority. Unresolved disciplinary matters may also have implications for the safety and wellbeing of defence personnel and the Defence community, as well as obviously their families. It's especially so when misconduct is serious in nature or has an impact on operational environments. A fair, effective and timely military system is essential in protecting personnel, in maintaining discipline and in ensuring that the Defence Force remains, as it always is, capable, professional and mission ready. Our service men and women deserve nothing less.

The coalition has a long history of actively reforming military discipline in Australia. The former coalition government introduced reforms to update and to modernise the Defence Force Discipline Act, streamlining the handling of minor disciplinary matters and strengthening Defence's response to cyberbullying. These are worrying, growing and disturbing incidents. This sends a clear message that bullying, harassment and unacceptable behaviour have no place within the Australian Defence Force. A strong, fair and effective military justice system is vital to maintaining fairness, discipline, operational effectiveness and confidence in our ADF.

If I go through the bill, it implements key recommendations from the royal commission. Schedule 1 directly implements the royal commission's recommendations 18, 20, 23 and 63. Part 1, schedule 1 introduces amendments to implement recommendation 18 of the royal commission's final report, which called for enhanced safeguards, ensuring alleged victims are not required to work alongside alleged perpetrators whilst investigations are under way.

The bill resolves this inconsistency by inserting a new subsection 98(2), introducing a new suspension power where a member is under investigation for a civil court offence by a Commonwealth state or territory or overseas authority. The power aligns with the existing suspension authority under the Defence Force Discipline Act 1982 for service offence investigations, ensuring a consistent and coherent framework across service, civilian and overseas contexts. These amendments seek to establish a clear and consistent mechanism to enable the suspension of Defence Force members whilst under investigation. Under current arrangements, a Defence member suspected of committing a service offence may be suspended whilst a disciplinary investigation is under way.

Where a member is suspected of a civilian criminal offence, including serious offences, suspension is not available until the formal charge has been laid. As civilian criminal offences are usually investigated by civilian authorities and not service police, this can create some inconsistencies and some unsuitable outcomes, where members may be suspended for minor service related matters yet for more serious criminal allegations such as rape or murder until after charging.

Recommendation 18 only focused on sexual misconduct, but this suspension power is not limited to only those offences. The new suspension power is to apply to investigations which begin on or after the commencement of this part, as well as investigations already under way at that time, and suspension decisions remain subject to existing review mechanisms.

Part 2 of schedule 1 implements recommendation 20 of the royal commission, calling for service tribunals to take into account victim impact in sexual offence cases and to regard an offender's higher rank as an aggravating factor during sentencing. Schedule 2 also gives effect to royal commission recommendation 34, which requires the priority review of provisions related to court martial panels not being required to give reasons for punishments imposed. The schedule introduces a requirement for any conviction and sentencing decision by superior tribunals or reviews to be accompanied by reasons.

We've got schedule 3 part 1 overhauling how the Defence Force Discipline Act deals with accused persons suffering from mental impairment by introducing new powers to allow the dismissal of a charge where the accused suffers from a mental impairment and prosecution would not meaningfully serve the maintenance of discipline. Schedule 4 introduces measures to streamline the military discipline system, reducing delays, broadening access to elections through a superior tribunal and ensuring that minor disciplinary matters are dealt with expeditiously.

Schedule 5 contains 16 parts dealing with a range of other amendments, including updating evidentiary rules, aligning the grounds for termination of judicial officers, strengthening review processes, modernising the powers of investigating officers and introducing removal orders for intimate images. They also enable the provision of evidence by video link, providing for victim impact statements and allowing for the extinguishment of historical homosexual service convictions that would not be offences today.

Schedule 6 establishes a transitional rule-making power to provide for the transition between the existing discipline system and the new legislative framework. This rule-making power is necessary. It deals with unintended outcomes or unforeseen issues arising from the transition from the old DFDA to the new DFDA. This schedule permits the minister, by legislative instrument, to make rules prescribing matters required or permitted by the DFDA or necessary or convenient for carrying out or giving effect to the act.

I do applaud that because I think, for far too long, we've seen some powers taken away from the minister. I do think that ministers always need to have the power to make these sorts of rulings, to make these sorts of provisions and to not necessarily always just go along with what the bureaucrats down the hill tell them to do. I've always been insistent on that because I think, at the end of the day, the buck stops with the minister. The minister's going to be the one who has her or his name on the ballot paper. It's not the not the public servant. It's not the bureaucrat. I appreciate that they do a fine job, but, at the end of the day, the minister has to be responsible because they'll be the one who is entering the parliament. They'll be the one answering questions related to these and other matters in question time.

I do worry about this part of the budget. In the Attorney-General's portfolio additional resourcing in Budget Paper No. 2, page 43 lists '$50.4 million in 2026-27 to continue the work of the Office of the Special Investigator to investigate and support the prosecution of war crimes alleged to have been committed by the Australian Defence Force in Afghanistan.' I do think that some of these provisions are sometimes going to unnecessary witch-hunts. If they prove to be that, they are going to place unnecessary and undue stress upon our veterans. Our veterans served us well in Afghanistan. They did a lot of good work, particularly in giving women and girls opportunities that they would never have been able to avail themselves of under the old Taliban regime or, sadly, the new Taliban regime. I think we should acknowledge and recognise the efforts that they went to, the service and sacrifice that they gave, and the more than 40 soldiers who lost their lives.

We say 'lest we forget' and I think we should absolutely mean that. It's all well and good to go out and commemorate Anzac Day, but we also should remember the constant pressure that those veterans will always be under, for the rest of their lives, for the service that they gave in Afghanistan.

Shayne Neumann (Blair, Australian Labor Party) Share this | Link to this | Hansard source

I'm very pleased to speak on this bill: the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026. There are few areas of governance where the Morrison government did worse than in veterans affairs and defence personnel. I don't believe for a minute it was through inequity; I think it was plain incompetence due to outsourcing, underfunding of the department responsible and labour hiring. There were far too few people on the front line of claims processing. Waiting times, backlog of claims—these were words used all the time in the department and amongst the veterans community.

Imagine a minister for veterans affairs and defence personnel threatening to resign on the eve of the budget because of the incompetence and underfunding of his own department by his own government. That's what the member for Calare offered and threatened when he was not on the crossbench and when he was the minister responsible. We had to rebuild the department—500 frontline personnel processing claims—and promised, when we came to government, the funding of hundreds of millions of dollars towards this process. Why? Because all of this contributed to the tragedy of mental health problems, depression, suicidal ideation and indeed suicide. The Australian Institute of Health and Welfare has said that between 1997 and 2023 1,840 ADF, ex-servicemen and ex-servicewomen died by suicide. That's 1,840 too many.

This bill implements and responds to the recommendations of the royal commission in part. This bill represents one of the most significant reforms to the Australian military justice system in decades, and it delivers on those recommendations. It comes on top of lots of work done by the current Labor government. The royal commission came about, and the Morrison government was dragged, kicking and screaming, by the grieving mothers and families of people who had died by suicide. Whether it was the findings of coronial inquests, anecdotal evidence or personal experience, it was obvious that we needed a royal commission, and Labor called for it and pushed hard while in the opposition. We certainly did when I was the shadow minister.

The reforms contained in this bill are comprehensive and collectively modernise our system. It's all about protecting people and aligning with Australia's community expectations and contemporary expectations in terms of social issues. The bill, as I said, has its genesis in the recommendations. It's worth remembering that the coalition did everything they possibly could to avoid a royal commission. They even announced a half baked national commissioner for defence and veteran suicide prevention and claimed it was bigger and better than a royal commission. It was simply a marketing exercise to placate the grieving families and block their demands for a proper and independent investigation into these tragic deaths.

A backbench revolt, the pressure of Labor and the extraordinary campaign by brave mothers—like Julie-Ann Finney, Karen Bird and Nikki Jamieson, who all tragically lost their sons to suicide—together with so many other people are what forced the Morrison government into this royal commission. We have a 100-year opportunity to fix our broken veteran support system. The royal commission did a mighty job, and I want to commend the commission for it. They delivered their final report in September 2024 and made 122 recommendations.

We've accepted, overwhelmingly, the majority of those recommendations. We've agreed or agreed in principle to 104 recommendations. We've been working to implement them as quickly as possible, and I want to commend the Minister for Veterans' Affairs and Minister for Defence Personnel for his strong response in implementing those recommendations. The royal commission dedicated a whole volume to sexual violence and unacceptable behaviour in military justice. The legislation before us today makes a significant step towards implementing those recommendations. It responds to concerns about fairness, transparency, mental health treatment, timeliness and complexity within the Defence Force Discipline Act 1982.

The reforms are, as I said, about modernising the system, and they are very important. The bill directly implements recommendations 18, 20, 23 and 63 and gives effect to recommendation 34. These recommendations are about strengthening workplace protections during sexual misconduct investigations, sentencing and recording convictions for perpetrators of military sexual violence and reforming court martial governance. The royal commission noted that involvement in the military justice system, whether as a victim or as an accused, can itself be a factor for suicide. It highlighted the pressing need for improving workplace protections, modernising sentencing practices, reporting and recording serious offences consistently with civilian jurisdictions, and more modern management of mental impairment in disciplinary proceedings.

Nearly 34 years ago, in November 1992, Prime Minister Paul Keating declared homosexual men and women would no longer be banned from serving in the Australian Defence Force. These changes will allow Defence personnel who are convicted of offences purely on the basis of consensual homosexual activity apply to have these convictions extinguished. The effect of this extinguishment will be to prevent disclosure of that conviction or information relating to it by other people. Families of Defence members, including those of deceased veterans, can apply under this scheme on behalf of their loved ones. These changes are an overdue, restorative legal change to help lessen the detriment associated with and the stigma imposed by former homophobic attitudes and practices reflected in such convictions. We should always be proud of those who serve our nation, regardless of their sexual identity and proclivities.

With these changes to enable expungement of convictions, this will no longer be a crime. Those who had previously had to hide and had pride—and I use that word deliberately—in their service will have that accurately reflected in their service record as well. Additionally, the bill amends the offence of malingering to remove stigmatised and pejorative language, and provide for the reporting of certain service offences for inclusion in civilian criminal history records.

At its heart, the bill amends the Defence Force Discipline Act by making amendments which implement these recommendations. They're about enhancing the treatment of members engaged in the discipline system by modernising mental health provisions. We have changed enormously in terms of our understanding of mental health in the last generation. The royal commission found that Defence Force members with underlying mental health issues may be more likely to be involved with the military justice system and that such involvement is a risk factor for suicide. How didn't we know that? We knew that in the civilian criminal justice systems in our country, and it took us till a royal commission for this to come to light. This was always the case. In criminal and civilian systems and in our courts, this was always the case.

The overall effect of these measures is to give effect to necessary reforms to improve health and wellbeing outcomes for both victims and accused Defence members and reduce the risk of suicide and suicidality. Before imposing any punishment, a member's rank and the seriousness of their disciplinary contravention or offence must be considered. Generally, the higher the rank, the more serious the consequence for contravention. The royal commission stated—and I think it's really worth quoting—'A well-functioning military justice system is essential for Defence to maintain good order and effective operational control.' It's a Defence matter. It really is a Defence capability and national security issue. The royal commission went on to say this: 'It is equally crucial to the mental health and wellbeing of Australian Defence Force members.' This bill also allows the Minister for Defence to issue guidelines to the Director of Military Prosecutions, and the approach aligns with section 8 of the Director of Public Prosecutions Act 1983—a similar power to the Attorney-General's to issue directions and guidelines to the Commonwealth Director of Public Prosecutions. It seems extraordinary that we have to do this now. It should have always been there.

The bill implements a number of other reform recommendations, including stronger protections over disclosure of sensitive material during discipline investigations. It implements a whole range of recommendations in that space. I want to make it clear that, on this side, we condemn sexual abuse and harassment in the workplace wherever it occurs. When Labor called for a royal commission into Defence and veteran suicide in opposition, and when the former government finally announced one, we called for it to cover the issue of abuse of female Defence personnel. It was pleasing that the royal commission made a number of recommendations in this area, and we are grateful for it.

Make no mistake we are committed to addressing sexual misconduct and discrimination in the ADF and ensuring that members who have experienced mistreatment during their service receive all the support they need. It was the former Labor government, under Kevin Rudd and Julia Gillard, that initiated the Defence Abuse Response Taskforce in response to sexual misconduct within the ADF. As a result of this report, the Defence Force Ombudsman's role was expanded to include an abuse-reporting function. It was that former Labor government that undertook a review by the Sex Discrimination Commissioner, which led to the establishment of the ADF's Sexual Misconduct Prevention and Response Office. We have a proud record in this space, during the years of Kevin Rudd and Julia Gillard, of taking action.

Finally, last night's budget highlighted a number of really important things that the Albanese Labor government is doing while making historic investments in defence personnel and veterans. We continue to deliver on the government's response. There's an allocation of $770 million in additional funding to deliver on the royal commission's recommendations. This includes $169.7 million in funding for five years, from 1 July 2027, to increase fees for allied health providers and the largest investment in allied health fees for veterans in more than 20 years. The budget provides $29.8 million to support the establishment of a National Veterans Data Asset and $16.6 million for the Defence and Veterans Service Commission to conduct an independent inquiry from the middle of 2026 into military sexual violence in the ADF. This all goes to show the Albanese government is committed to delivering for current and former ADF personnel and their families.

I know this from my own electorate. I was very proud to secure a $5.4 million commitment at the 2022 federal election for a new Ipswich veteran and family hub. This is part of the Albanese government's $46.7 million commitment to establish eight new veterans and families hubs across the country to ensure that more veterans and families can access support closer to home. Now that hub, which is nearly ready to be opened, will be operated by RSL Queensland and co-located with the Mates4Mates centre in West Ipswich. It was great to have the Minister for Veterans' Affairs and the Minister for Defence Personnel come to announce the final location in August last year. Importantly, the facility has been co-designed with veterans and families to ensure support and social connection that lines up with the needs of the local veterans community, and will liaise with local subbranches and wounded heroes who do mighty work in crisis support in our local area and nationally.

We have more than 10,000 veterans and families living in Ipswich and the surrounding area in addition to 5,000, and more, ADF personnel stationed at RAAF Base Amberley. The Ipswich veterans and family hub will provide tailored mental health and wellbeing services. And just like in this bill, it's all part of the Albanese government's urgent focus on responding to the recommendations of the Royal Commission into Defence and Veteran Suicide.

In conclusion, the reforms in this bill strengthen trust in the military justice system. They reduce harm. They improve transparency. They modernise mental health responses. And they ensure the Defence Force Discipline Act reflects the standard expected in contemporary Australia. I thank the minister for bringing forward these critical reforms. I want to thank the many stakeholders, experts, ADF personnel and the veterans community for their input into these reforms—and the royal commissioner and, in many cases, the brave victims-survivors of abuse in the ADF for courageously sharing their lived experiences to inform these changes. This is a careful, comprehensive and essential response to the findings of the royal commission. It supports the wellbeing of our defence personnel. It strengthens the integrity of the military disciplinary framework and upholds our expectations of fairness and accountability. I commend the bill to the House.

Nicolette Boele (Bradfield, Independent) Share this | Link to this | Hansard source

A few weeks ago, like many members of this parliament, I attended Anzac Day services across my community. I felt deeply honoured to attend these events. Each gathering was a moving tribute, from the dawn service in West Pymble to the early morning in Turramurra, both hosted by our wonderful local Scouts groups, right through to the Willoughby family and community service that was led by the Chatswood RSL and Willoughby Legion, and the Lions Club service in St Ives. These ceremonies bring together our community in shared remembrance and are an opportunity to reflect on the bravery and sacrifice of service men and women, with their stories brought vividly to life by thoughtful speakers who honoured their spirit of mateship and everyday humanism set against the profound realities of war.

These community events remind us that Anzac Day is not only about history; it's about the concrete service and sacrifice of people in our communities and the families who support them. When the last census was taken, in 2021, there were over 2,000 veterans in my electorate, and many of these service men and women were at these ceremonies across the North Shore last month.

Anzac Day is a reminder that we have a responsibility not just to recognise our veterans at least once a year but to ensure that they are properly recognised in our laws, in our institutions and in our society, even after the last post fades. But, too often, we fail in that respect. The bill before us today reflects that failure insofar as it stems from the work of the Royal Commission into Defence and Veteran Suicide, a commission that was initiated because of the hardship faced by veterans across the country. But, at the same time, the bill represents a step forward, however incremental, towards achieving better outcomes for those veterans.

It's for this reason that I welcome and commend the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026. The bill makes progress by putting into legislation a number of recommendations of the royal commission. The royal commission was established in 2021 after years of advocacy by veterans and their families and delivered its final report in 2024. It was unprecedented in terms of scope and devastating in what it revealed about the human cost of systemic failure. It rigorously examined systemic issues in Defence, veterans services and military culture and heard evidence from thousands of serving members, veterans, families and experts. They gave testimony often at enormous personal and emotional cost, reliving trauma and loss, because they believed telling the truth would lead to lasting change.

A few months ago, I met with a veteran from my community who had participated in the royal commission process. Alongside his mother, he shared his painful story with me, describing how his career spiralled after he disclosed his PTSD to his commanding officer. Rather than support him, his command challenged and disrespected his medical diagnosis, isolated him from his colleagues and friends and failed to assist him in finding useful employment outside active service. It's experiences such as these that have created the widespread sense of mistrust among the veteran community of the institutions that are supposed to be supporting them.

My constituents explain how years of poor leadership, opaque processes and inconsistent decision-making has taken a toll on veterans and their families. These systemic issues have long-lasting effects on veterans, destabilising careers and damaging mental health well after a return to civilian life. But, too often, there is little accountability for those in positions of authority. Above all, my constituents emphasise that veterans are not seeking special recognition, just dignity—just respect and fair treatment. Their key message to me was to not let the momentum of the royal commission slip away but to ensure its recommendations progress into practical, transparent and accountable implementation.

The royal commission demonstrated that suicide and suicidality amongst Defence members and veterans is not a result of individual weaknesses but of systemic failure and that preventing future harm requires sustained, comprehensive reform. To guide that reform, the royal commission made 122 recommendations in its final report, of which the government has agreed to 104. This bill seeks to implement five of them, focusing primarily on the military justice system. This is necessary reform, with the justice system identified by the royal commission as frequently compounding distress and elevating suicide risk, rather than alleviating it. Among the reforms introduced here are strengthened workplace protections during sexual misconduct investigations, amended sentencing procedures for serious violent and sexual offences and disclosures of service offences, and enhanced options to address mental health conditions within the military discipline system. The bill also streamlines tribunal procedures by requiring reasons for punishments, to strengthen sentencing transparency. Importantly, it removes outdated and stigmatised language from legislation, aligning terminology more closely with modern usage and understanding.

All these reforms matter, and, taken together, they represent a meaningful step in the right direction. But we must be honest with ourselves and with the veteran community. This bill responds to just five recommendations of the royal commission. There remain many more yet to be implemented. The royal commission was clear: suicide prevention in defence and veteran communities requires comprehensive and sustained reform. Families, including ageing parents and children who have lost a parent, physically or mentally continue to live with those consequences every day. Its recommendations were not abstract policy suggestions; they were a national undertaking, a promise that Australia would do better by those who served our nation and, in some cases, paid the ultimate price for our freedoms. That means implementing all the recommendations—not only those that are administratively convenient or legislatively straightforward but those that require deeper cultural change, genuine independence of oversight and real accountability for leadership failure.

The ongoing work of the newly established Defence and Veterans' Services Commission is critical in that respect. Just last week, the acting commissioner launched its independent inquiry into the progress on implementing the royal commission's recommendations. I'm looking forward to reviewing that report in February next year, when it's delivered. This responsibility stretches beyond the commission; it stretches to all of us. We all have a responsibility to ensure that veterans who are already out of active service, given meaningful work inside the defence and veterans community or leaving the service altogether are not forgotten and can, instead, live with dignity and fairness.

This bill is a welcome step forward. I support it, and I urge the government to continue its important work in this area with dedication and focus. But the work will continue until the full intent of the royal commission is realised, trust is rebuilt and veterans and their families can be confident that our institutions serve them with the same loyalty and integrity they showed in service to Australia. If we genuinely honour our veterans, we must honour that promise.

Matt Burnell (Spence, Australian Labor Party) Share this | Link to 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.

Matt Keogh (Burt, Australian Labor Party, Minister for Veterans’ Affairs) Share this | Link to 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.