Russell Trood (Queensland, Liberal Party) Share this | Link to this | Hansard source

I table a report of the Standing Committee of Privileges on parliamentary privilege and possible interference in the work of the committee, in relation to the report I tabled earlier.

Ordered that the report be printed.

I move:

That the Senate take note of the report.

I will make a few remarks with regard to both of these reports. These reports relate to the events that took place on the HMAS Success during 2009. The Foreign Affairs, Defence and Trade References Committee continues to remain very much seized of the matters that were brought to its attention as a result of the reference in November last year. It has, however, postponed further work on its inquiry in light of the fact that the Chief of the Defence Force has now appointed a commission of inquiry in relation to the events that occurred on HMAS Success and, indeed, the events that followed those events. The commission has already begun its work and is expected to continue for the next several months. It is in the very capable hands of former Justice Roger Gyles of the Federal Court. The committee intends that it will resume its inquiry once the commission of inquiry’s report has been presented. We anticipate that will be around the middle of the year.

Whilst the committee is willing to await the results of former Justice Giles’ report it is appropriate that I take a moment just to express some of the concerns that the committee has with regard to this particular inquiry. In particular, I make the observation that the committee is deeply troubled by the events surrounding the reference with regard to the HMAS Success. The committee has received submissions on this matter and so far it has not taken any further evidence. But it is fair to say—and I think I speak for all members of the committee in relation to this matter—that it is deeply troubled by the potential for the events on the HMAS Success to affect the lives and indeed the careers of the people involved. The committee will wait with great interest the results of Mr Giles’ inquiry before taking any further steps in that regard.

The committee is perhaps even more troubled by the insight that these events show us with regard to the administration of justice within the defence forces and more particularly on this occasion with regard to the Royal Australian Navy. Madam Acting Deputy President Boyce, you will be aware that the Senate has had this matter before it for a long period of time. Back in 2005, the committee, which I represent, presented a report to the Senate with some 40 recommendations on the administration of justice within the defence forces. Most of those recommendations were accepted by the then government and they have been in the process of implementation over the last several years. In that respect it is appropriate on this occasion to recognise the leadership that the Chief of the Defence Force has provided in ensuring that insofar as possible those recommendations have been implemented and that considerable reforms have taken place within the Defence Force with regard to the administration of justice.

In light of these developments, it is very troubling indeed that these events on the HMAS Success have come to public attention and, indeed, the events that followed from the disclosure of the behaviour which is now before the committee. As I said, we will await the results of Mr Giles’ inquiry before we take any further steps, but we are troubled by both the implications of this behaviour for the lives and careers of individuals and in relation to the wider question of administration of justice within the Defence Force.

The other matter I wanted to draw attention to is privilege. The committee was deeply disturbed to discover in the early part of its inquiry that there was, perhaps inadvertently, a potential for there to be a breach of privilege with regard to the committee’s activities in this inquiry. The second report to which I referred earlier, the report in relation to privilege, sets out in great detail the concerns the committee has. The concerns revolve around the issue of Department of Defence instructions called DEFGRAMs, and for the first of those the committee felt the need to seek the advice of Dr Laing, the Clerk of the Senate, and her advice was unequivocal. Her advice was clear that a DEFGRAM which had been issued by the Department of Defence was a DEFGRAM that seemed to be in contravention of the guidelines that apply to witnesses coming before a parliamentary committee.

As a result of that observation, in part perhaps—but I think in part because of the need for the Minister for Defence to act on this matter—this DEFGRAM was withdrawn and two subsequent DEFGRAMs were issued, the third of which would appear to be in compliance with the guidelines for witnesses before parliamentary committees. Notwithstanding that, the committee remains concerned about this particular event and it remains concerned that the guidelines which are available do not make the rights of individuals who come before parliamentary committees entirely clear and allow them to be confident that their rights as citizens are protected.

In light of those continuing concerns, the committee has made two recommendations in its report. The first recommendation is that the matter of the guidelines be taken up by the Senate Privileges Committee for further investigation, particularly for inquiry as to whether or not they may require some change in light of this particular event and perhaps other matters which have come before Senate committees.

The other recommendation relates to further change and reform within the Department of Defence itself and focuses particularly on the need for legal officers within the Department of Defence to be aware of the responsibilities they have to fully explain the entitlements of officers, soldiers, sailors, air men and air women within the defence forces to appear before parliamentary committees in whichever guise that is required of them. I commend these reports to the Senate. I note that the committee will be providing a further report on these matters later in the year.

Question agreed to.