David Pocock (ACT, Independent) Share this | Link to this | Hansard source

I fear that we denigrate the work of this place when we see guillotines and the shoving together of all sorts of legislation that hasn't been through proper scrutiny by the Senate, where we are handing the executive extraordinary powers with no sunset clauses. It doesn't seem to square with the rhetoric we hear from the Albanese Labor government about transparency, a different way of governing and all those sorts of things—and it's not going unnoticed by people I represent here in the ACT.

When it comes to these bills, they are good bills. This is something that has been a very long time in the making. I thank the government, the opposition and the Greens. As many people who have contributed today have pointed out, many people have played a part in getting these bills to where they are. They're a key recommendation of the royal commission, and we need to get cracking on the hard but very necessary work of cleaning up the culture of the ADF.

I associate myself with the remarks from Senator McLachlan. Parliament ideally shouldn't have to do this. If we had leadership from those high up in the ADF, this would have been a priority by now. But here we are. This is long overdue. We're still seeing veterans dying by suicide—far too many. The number is stubbornly high, when you look at the statistics, and that's on all of us. As has been pointed out, ADF members put their lives on the line for us. It has a huge impact on their families both while they serve and after they serve. It's on us to better look after them.

I thank Senator Lambie, who is absent, for all her work for veterans. It's something that's often raised with me by veterans here in Canberra. They know she has their back. I don't think you will find another parliamentarian who works as hard on veterans' issues and who fights as doggedly as Senator Lambie. She's not afraid to ruffle feathers in her pursuit of ensuring that the Senate does not forget the men and women who serve, and who have served, this country. I echo Senator Shoebridge's recognition of Senator Lambie's amendment, which I will be backing. And I will be backing her amendments on annual reporting by this commission on progress towards implementing the recommendations of the royal commission.

We see this with so many royal commissions—great work done, so much effort from communities affected where they put themselves through the wringer and bare their souls, and it is not good enough that we don't see implementation of those recommendations. This is too important not to get right. We need to track it closely and we need to keep the government accountable on progress. I don't think we'll get an opportunity to debate the veterans bill before this Senate, and I think that is regrettable, so I also want to thank Senator Lambie for her thoughtful amendments to that bill, which I will also be supporting—amendments that would give veterans the right to have legal representation at the Veterans' Review Board. The government gets advice from lawyers. Why can't our veterans? That seems like a very hard one to explain. She has amendments for review of the Veterans' Affairs fee schedules, and, as someone who hears every day from veterans who can't get a GP or physio appointment, this is critical for veterans both here in Canberra and, obviously, around the country, particularly those living in regional Australia.

I wish Senator Lambie could be here today. She pushed for this commission following the royal commission. She got in place early. She got it going, and now we're making it permanent.

I seek leave to move an amendment at the request of Senator Lambie.

Leave granted.

I move Senator Lambie's amendment on sheet 3652:

(1) Clause 18, page 19 (line 28) to page 20 (line 2), omit subclause (1), substitute:

(1) The Commissioner must conduct inquiries into the Commonwealth's implementation of the Government's response to the recommendations of the Defence and Veteran Suicide Royal Commission until the implementation of the Government's response is completed.

(1A) For the purposes of subsection (1), the implementation of the Government's response is completed when both Houses of the Parliament pass a resolution declaring that the implementation of the Government's response is complete.

(2) Clause 18, page 20 (line 11), omit "2 December 2027", substitute "2 November 2027".

(3) Clause 18, page 20 (lines 12 to 14), omit subclause (4), substitute:

Subsequent inquiries

(4) Each subsequent inquiry under subsection (1) must be completed on or before the end of the 12 month period following the completion of the previous inquiry.

Susan McDonald (Queensland, National Party, Shadow Minister for Resources and Northern Australia) Share this | Link to this | Hansard source

The coalition recognises and respects the intent behind Senator Lambie's amendment. The objective of strengthening oversight, improving transparency and ensuring the implementation of reforms arising from the Royal Commission into Defence and Veteran Suicide remains a national priority is one we share. However, we cannot support the amendment in its current form. Advice provided by the government is that the Defence and Veterans' Service Commission is not intended to operate as a continuous monitoring body for the purpose of government implementation. Its core role is to undertake independent inquiry, examine systemic issues and provide considered reports that drive meaningful reform. Requiring annual implementation inquiries risks diverting the commission resources and focus away from that primary function, potentially diminishing its capacity to deliver on its intended mandate.

The coalition sought to strike a responsible balance in reporting timeframes. We moved an amendment in the House to bring forward the first implementation report to 30 September 2026, ensuring an initial report would be available ahead of the next election. Following further consideration and advice that this time frame did not allow sufficient time for a thorough and meaningful report, we have incorporated that feedback and adjusted the timing to February 2027. This approach ensures timely and credible accountability while preserving the independence and effectiveness of the commission. For these reasons, while we appreciate the intent of the amendment, we are not able to support it.

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

It's a pity we can't get the coalition to support this amendment from Senator Lambie, because, literally, the coalition's amendment just brings things forward. It doesn't increase the actual amount of reporting and transparency. If we are going to set up a commissioner, I think this commissioner is going to have a lot of work to do.

In my contribution in the second reading debate, I didn't have a chance to acknowledge on the record my appreciation of the work of Mr Michael Manthorpe, who was the interim head of the commission first appointed, and I've got to say I genuinely appreciated his work: the set of principles and amendments that he proposed in that role as the head of commission to increase the power of the commissioner and to ensure that the commissioner is genuinely independent of the government. For those who have been following this debate, I think his set of recommendations that he put as the interim head, which have largely found their way into this legislation, have been critical.

I think it would be remiss of us not to note and acknowledge his work. It's hard to do that from inside the executive. He was appointed in that role. I really want to acknowledge on the record the work that he did. Part of what he was recommending was broadening and expanding the capacity of the commissioner to report to parliament—not to a minister, not to a government department. They would actually report and effectively be an officer of the parliament. It's in the spirit of his recommendations that I think Senator Lambie has moved this to have annual reports to the parliament. We could have achieved it. We could have achieved annual reports. It's just that the coalition baulked. Even though their amendments make a marginal improvement on the bill, they don't really increase the amount of transparency. They just bring it forward.

I say again to the coalition: reconsider your opposition to Senator Lambie's amendment, because it actually produces that annual transparency. The veterans community wants that annual transparency, and I'm sure they've told you that they want that annual transparency. That's why the Greens will be supporting Senator Lambie's amendment and, only if that doesn't succeed, supporting the coalition's amendment.

Jenny McAllister (NSW, Australian Labor Party, Minister for the National Disability Insurance Scheme) Share this | Link to this | Hansard source

In responding to the amendment, I might take the opportunity to acknowledge, as others have done, the advocacy by Senator Lambie for the veterans community. I also know that, in addition to her public advocacy, Senator Lambie engages closely with Minister Keogh, and he has spoken to me on many occasions of his appreciation for the way that she engages with him and with his office and the consistent way that she seeks to bring forward the views and ideas of the many veterans with whom she engages.

In relation to this amendment, like the opposition, the government will be opposing this particular amendment. We acknowledge, as I think all senators do, that the independent oversight that will be provided by the commission will be critical and of course is also a key recommendation from the royal commission itself. The commissioner must meaningfully and independently assess the implementation of each recommendation and publicly report on progress. A 12-month timeline would not provide sufficient time for the commission to independently and meaningfully assess progress on implementation for all 122 recommendations and 13 interim recommendations.

The bill requires comprehensive reports on all recommendations in 2027 and again in 2030. In addition, the commissioner may, at any time, undertake other inquiries into particular recommendations to independently confirm the outcomes and effectiveness of implementation. This approach will mean that smaller reports may be released, which will provide ongoing transparency of the government's implementation and assist stakeholders to follow progress. We consider that requiring the commission to undertake annual reviews into the implementation of the government's response to the royal commission's recommendations would unnecessarily consume the commission's resources without allowing them to exercise their independent judgement and powers.

However, the government does understand the public interest in the progress of the royal commission's recommendations. In particular, we acknowledge the many veterans who advocated for the royal commission and shared their stories with the royal commission in the hope that change would come. We will continue to hold ourselves accountable for implementing the royal commission's agreed recommendations. We will continue to subject ourselves, as any government should, to parliamentary scrutiny. As I noted in my second reading remarks, Minister Keogh provided an update as recently as December indicating that 32 of the agreed recommendations would be implemented by the end of 2025 and that we expect two-thirds of the agreed recommendations to be completed by the end of this year.

Finally, I will take the opportunity to observe that Senator McDonald has foreshadowed her amendment to bring forward the reporting date for the first mandated inquiry. The government will support this amendment, which will see the first mandated report occur by 5 February 2027.

Richard Colbeck (Tasmania, Liberal Party) Share this | Link to this | Hansard source

The question is that the amendment moved by Senator Pocock at the request of Senator Lambie be agreed to.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

by leave—In lieu of a division, could I ask that the Australian Greens' support for this amendment be recorded and also that Senator Payman's support for this amendment be recorded.

The TEMPORARY CHAIR: We also recognise the support of Senator Pocock and Senator Lambie.

Susan McDonald (Queensland, National Party, Shadow Minister for Resources and Northern Australia) Share this | Link to this | Hansard source

by leave—In respect of the Defence and Veterans' Service Commissioner Bill 2025, I move opposition amendment on sheet 3673:

(1) Clause 18, page 20 (line 11), omit "2 December 2027", substitute "5 February 2027".

Question agreed to.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

by leave—Could I ask that Senator Payman's support for the opposition's amendment be noted.

Defence and Veterans' Service Commissioner Bill 2025, as amended, agreed to; Defence and Veterans' Service Commissioner (Consequential and Transitional Provisions) Bill 2025 agreed to.

Defence and Veterans' Service Commissioner Bill 2025 reported with amendments; Defence and Veterans' Service Commissioner (Consequential and Transitional Provisions) Bill 2025 reported without amendment, report adopted.