Marise Payne (NSW, Liberal Party, Minister for Defence) Share this | Hansard source

I thank both Senator Dastyari and Senator Xenophon for their contributions to this debate and their acknowledgement of the support of the legislation. The First Principles Review of Defence, which was commissioned by this government in 2014, recommended changes to the Defence Act 1903 to formally recognise the authority of the Chief of the Defence Force and the Vice Chief of the Defence Force. The Defence Legislation Amendment (First Principles) Bill 2015 will give full command of the Australian Defence Force, made up of the Navy, Army and Air Force, to the CDF by removing legislative limitations in the Defence Act.

Passage of this bill will mean that, for the first time, all three services of the ADF will be incorporated under one act, the Defence Act. All three services will maintain their individual identity and service chiefs, but they will come together as a part of the ADF under the Defence Act. This is historic, because, until now, each service was recognised separately in legislation, in recognition of their different histories. The bill also recognises the VCDF as the deputy of the CDF and clarifies that the powers of the service chiefs are subject to the direction of the Chief of the Defence Force.

The current Defence Act does not explicitly recognise the ADF as a single entity in its own right—rather, it gives the impression that the ADF is a federation of the three services—and it lacks some clarity with respect to command arrangements of the CDF, the VCDF and the service chiefs. The service chiefs' role as a vital element of defence capability is enduring, and they will continue to command their respective service subject to the direction of the CDF. The bill also makes other necessary legislative amendments to make it clear that the Chief of the Defence Force, as the sole commander of the ADF, is able to make appropriate orders or give directions in relation to command, control and administrations of the ADF and for the CDF to direct and administer the ADF cadets. The chain of command and day-to-day operations of ADF members are likely to remain unchanged. The changes will have no effect on ADF members' obligations and entitlements.

The provisions in the Defence Act 1903 establishing the diarchy where the CDF and the Secretary of Defence have joint responsibility for administering the Defence Force will be remade in substantially the same terms, consistent with the First Principles Review recommendations. The bill will also streamline the legislative basis of the ADF, including by repealing the Naval Defence Act 1910 and the Air Force Act 1923 and incorporating the substantive provisions of these acts in tri-service provisions in the Defence Act. The repeal of the Naval Defence Act and the Air Force Act provides the opportunity to both modernise and simplify legislation in relation to the ADF cadets, which are voluntary community-based youth programs established by Defence in partnership with the community. The bill makes it clear that cadets, instructors and officers of cadets are volunteers and are not members of the ADF. The bill will not change the day-to-day activities of cadet units in the community. ADF cadets will continue to be formed into cadet units in Navy, Army and Air Force cadets.

While this bill will bring each of these services together for the first time under one act, none of the traditions or identities will be lost, nor will the history of service and sacrifice that hundreds of thousands of Australians have given under the banners of the Navy, the Army or the Air Force ever be forgotten, especially as we approach Remembrance Day tomorrow. What we will have is a modern Australian Defence Force that is fit for purpose and that is capable of meeting the threats to national security of the 21st century and beyond.

Question agreed to.

Bill read a second time.