Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Hansard source

Pursuant to contingent notice standing in my name, I move:

That so much of the standing orders be suspended as would prevent me moving a motion to provide for consideration of a matter, namely a motion to give precedence to a motion relating to the government's approach to the Australian Defence Force sex discrimination class action.

The Royal Commission into Defence and Veteran Suicide received hundreds of submissions about sexual abuse in the ADF. There were so many submissions that, when the final report was handed down, military sexual violence got a 600-page volume all to itself—outstanding performance, aye? Defence's own figures show that close to 800 sexual assaults have been reported in the Australian Defence Force over the past five years, but—let's face it—the number is much higher, because ADF members are too scared to come forward because victims aren't supported and perpetrators are protected. That is still going on, even after a royal commission. In too many cases, Defence protected the perpetrator—it still does—and hung the victims out to dry. This seems to be the norm, and, once again, I call on the Australian Defence Force Academy to be closed down effective immediately.

The commission also noted that Australian Defence Force members convicted of sexual assault and rape remain in service, and, yes, Australia's sexual abusers are still walking around in our Australian military uniform while their arses are covered by the top brass. The commissioners wrote in volume 3:

To say we find this concerning is an understatement.

Defence's total failure to address this issue is more than shameful. I am sick to death of Defence protecting these abusers. My legislation to create a sexual assault prevention, intervention and response commission position with real powers to deal this is under inquiry. The purpose of this inquiry is not to re-examine previous inquiries or individual cases but to ensure my bill best supports victims-survivors and not the abusers, unlike the top brass in our military.

Seriously, I thought the situation couldn't get any worse, but here it goes. An Australian law firm has a class action going on. The action alleges the Australian Defence Force is liable due to the systemic failure to protect its female members from sexual harassment during their service between 13 November 2003 and 25 May 2025. Given Defence's total inability to fix this sort of issue, despite numerous inquiries over 20 years, this class action does not surprise me one bit. I personally think it has a pretty good chance of getting some justice for these female veterans.

But the government is trying to wriggle out of facing these veterans in a court of law. How about that? What a disgrace. I'm going to be clear and tell you now what the government is up to today. Because some of the Australian veterans in the class action were on duty overseas when this abuse happened to them, today the Commonwealth is expected to file an application in the Federal Court of Australia, in response to the Australian Defence Force sex discrimination class action, to advance an extraterritoriality argument. Basically, they are arguing that, if the abuse and discrimination happened overseas, Australian laws don't apply and you will not be protected. To make that really clear, the government aren't saying this abuse didn't happen; they are saying that, if it happened overseas, it's not their bloody problem today. This position risks denying affected service men and women meaningful access to justice. It also sends the message that the protections of Australian law may diminish when Australian Defence Force members are placed in the most vulnerable and dangerous environments overseas.

In December last year, Minister Keogh told the National Press Club:

Sexual misconduct in our Defence Force is unacceptable wherever it occurs. I'm very clear on that.

This statement is similar to the remark made 25 years ago by the then Chief of Army, Sir Peter Cosgrove, who said to the Senate Joint Standing Committee on Foreign Affairs, Defence and Trade on 6 October 2000:

We will weed out discrimination and harassment wherever we find it. We will punish those who harass and support the victims of it.

Both statements make it clear that sexual misconduct in the ADF is not acceptable, no matter where you are. They also highlight the inconsistency—actually, the hypocrisy—of the government's public messaging and the position of the Australian Defence Force in sex discrimination class actions. The government and Minister Keogh have fallen all over themselves since the royal commission, promising to fix the problems in Defence and veterans affairs, but now the same government is saying, 'If you enlist and you are sexually discriminated against overseas, then, sorry, we're not protecting you because the law doesn't apply to you.' This argument—a disgraceful argument, if you ask me—doesn't make sense. When a soldier is deployed, they are deployed by the Commonwealth, by the Australian people. They operate within Australian command structures and remain subject to Australian military discipline and policy and the statutory authorities at all times. Their service relationship is regulated by Australian law. It doesn't matter where you are deployed. The ADF's own framework relies on this. But are they now saying, if you're a victim of sexual abuse or discrimination as it relates to our serving members, then Australian laws don't count? The Commonwealth would rather engage multiple barristers and top-tier commercial lawyers involving senior counsels and partners, rather than providing justice to these victims. I have to ask: what are you doing, Richard Marles? (Time expired)