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

Let me begin by thanking those members and senators who have contributed to the debate on this bill, the Defence Legislation Amendment (Discipline Reform) Bill 2021, and a number of those members and senators who have served in our defence forces who have brought their experience to this bill. I would note that the bill has been scrutinised by committees in this parliament, including the Scrutiny of Bills Committee and the Parliamentary Joint Committee on Human Rights, and through their diligence those committees have strengthened its content.

The intent of this bill is to reform the system of military discipline for those who serve in our Defence Force by modernising and improving the way that discipline officers and summary authorities operate under the Defence Force Discipline Act 1982. The reforms are intended to result in a discipline system that is easier to understand and to use and that reduces delays, while introducing new checks and balances to ensure that discipline continues to operate fairly. The reforms in this bill are intended to provide those in our Defence Force with far greater choice to have minor breaches of discipline managed as a disciplinary infringement without the strength of the lengthy, criminal-like investigations and court-like procedures that apply to matters dealt with by summary and superior military tribunals. Indeed, for the first time since the scheme's introduction in 1995, we do make clear what the disciplinary infringement scheme is and how it operates. Those impacted by poor discipline will benefit from having matters resolved more quickly. That is essential, because our people live and work and fight together.

These reforms will also allow commanders to more simply and quickly address poor behaviour and create opportunity for early intervention to better support the people in our Defence Force to continue as a positive contributor to their service. These reforms will encourage our service women and men to be accountable for their actions and, importantly, enabled to learn and grow from their mistakes. These reforms provide a more logical structure to the various discipline authorities based on the seriousness of the offending, the rank, the experience of the alleged offender, and the authority and experience of the discipline authority.

These changes to the DFDA will reform the military discipline system so that the people in our Defence Force will benefit from a discipline system that is easier to use, particularly at the lowest levels and particularly when the ADF is deployed on operations. It is more timely and responsive, enabling commanders to effectively manage personnel and address behavioural concerns. And it is fair and just towards all people involved in the disciplinary process. Further, it is trusted by people in our Defence Force and the Australian community and also is responsive to contemporary technology and how it is used.

The bill demonstrates the commitment of this government to achieving a fair and just military discipline system for those who serve our nation and to meet the disciplinary needs of the Australian Defence Force. I acknowledge the contribution of Senator Kitching on behalf of the opposition in relation to this bill. I also acknowledge the comments of Senator Lambie in relation to the contemporaneous commencement of the royal commission with the progress of this bill. I acknowledge the points Senator Lambie has made, but it is the view of the government that addressing the issues I have outlined in my summing-up speech is important, and I don't think the operation of the royal commission necessarily negates the importance of progressing these matters. I do want to thank all those who serve and have served in the defence of our nation and acknowledge sincerely the sacrifices they and their families have made.

I also table an addendum to the explanatory memorandum relating to this bill. The addendum responds to concerns raised by the Scrutiny of Bills Committee and the Parliamentary Joint Committee on Human Rights.