Senate debates

Wednesday, 27 August 2025

Documents

Australian Army: Jervis Bay Incident; Order for the Production of Documents

3:57 pm

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

I will now move to general business notice of motions No. 114 and 115.

Photo of Lisa DarmaninLisa Darmanin (Victoria, Australian Labor Party) Share this | | Hansard source

I seek to have these have treated separately.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Sure. Senator Roberts, would you move 114 first and then 115.

3:58 pm

Photo of Malcolm RobertsMalcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

I move:

That there be laid on the table by the Minister representing the Attorney-General, by no later than 5 pm on Friday, 29 August 2025, in relation to the deaths of four soldiers in the 2023 Whitsundays Taipan helicopter crash:

(a) the Commonwealth Director of Public Prosecutions' (CDPP) final assessment of the brief of evidence provided by Comcare; and

(b) all written or digital correspondence, briefing notes, file notes, meeting notes, meeting agendas or minutes or other records of interaction held by the CDPP or the Attorney-General in relation to the decision not to commence a prosecution.

Photo of Anthony ChisholmAnthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Regional Development) Share this | | Hansard source

I seek leave to make a short statement.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Leave is granted for one minute.

Photo of Anthony ChisholmAnthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Regional Development) Share this | | Hansard source

We recognise the tragic loss of the MRH-90 aircrew on 28 July 2023. We remember the lives, dedication and spirit of Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class 2 Joseph 'Phillip' Laycock and Corporal Alexander Naggs. The documents requested by this order go directly to the Commonwealth Director of Public Prosecutions's decision-making about whether a matter is to be prosecuted or not.

This concerns the release of potential legal advice prepared by the CDPP. A decision to prosecute a matter is one that lies with the Commonwealth Director of Public Prosecutions which is an independent statutory agency. As has been widely reported, the families have requested a review into this decision, and it would not be appropriate to require the CDPP to release this information. I understand another OPD related to this matter will be supported by the government.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

The question is that general business notice of motion No. 114, standing in the name of Senator Roberts, be agreed to.