Senate debates
Wednesday, 1 April 2026
Bills
Veterans' Affairs Legislation Amendment (Miscellaneous Measures No. 2) Bill 2026; Limitation of Debate
10:30 am
Sue Lines (President) Share this | Link to this | Hansard source
The question is that this bill be now read a second time.
Question agreed to.
Bill read a second time.
I will now deal with the Committee of the Whole amendments circulated by the Jacqui Lambie Network. The first question is that items 1 to 5 and section 123 in item 47 of schedule 1 stand as printed.
Jacqui Lambie Network's circulated amendments—
(1) Schedule 1, items 1 to 5, page 4 (line 4) to page 5 (line 29), to be opposed.
(2) Schedule 1, item 47, page 20 (lines 11 to 19), section 123 to be opposed.
Question agreed to.
I will now deal with the remaining Jacqui Lambie Network amendments. Those are on sheets 3637, 3638, 3640, 3641 and 3677 revised. The question is that those amendments be agreed to.
Jacqui Lambie Network's circulated amendments—
Sheet 3637
(1) Clause 2, page 2 (after table item 5), insert:
(2) Schedule 1, page 17 (after line 5), after Part 7, insert:
Part 7A — Inspector-General ADF and Deputies
Division 1 — Amendments
Defence Act 1903
41A Subsection 4(1)
Insert:
Deputy Inspector-General ADF means a Deputy Inspector-General of the Australian Defence Force referred to in section 110SA.
41B After section 110F
Insert:
110FA Former member must not be appointed as Inspector-General ADF
A person must not be appointed as the Inspector-General ADF if the person has been a member of the Defence Force.
41C After subsection 110N(3)
Insert:
(3A) The Minister must not appoint a person to act as the Inspector-General ADF if the person has been a member of the Defence Force.
41D After paragraph 110O(1)(a)
Insert:
(ab) the 2 Deputy Inspector-General ADF;
41E After paragraph 110Q(1)(a)
Insert:
(ab) the Deputy Inspector-General ADF;
41F Subsection 110R(2)
After "include the operations of", insert "the Deputy Inspector-General ADF and".
41G Section 110S
After "section 110P", insert "to the Deputy Inspector-General ADF or".
41H After Part VIIIB
Insert:
Part VIIIBA — Deputy Inspector-General ADF
Division 1 — Establishment and functions of the Deputies of the Inspector-General ADF
110SA Deputy Inspector-General ADF
There are to be 2 Deputy Inspector-General of the Australian Defence Force, each to be known as the Deputy Inspector-General ADF.
110SB Functions of the Deputy Inspector-General ADF
(1) The Deputy Inspector-General ADF has the following functions:
(a) to assist the Inspector-General ADF in the performance of the Inspector-General ADF's functions;
(b) such functions as are prescribed by the regulations;
(c) such functions as are conferred on the Deputy Inspector-General ADF by or under this Act or any other law of the Commonwealth;
(d) to do anything incidental or conducive to the performance of any of the above functions.
(2) Regulations made for the purposes of paragraph (1)(b) must not prescribe a function unless the function relates to assisting the Inspector-General ADF in the performance of the Inspector-General ADF's functions.
Division 2 — Administrative provisions about the Deputy Inspector-General ADF
110SC Appointment
(1) The Deputy Inspector-General ADF is to be appointed by the Minister by written instrument.
(2) In making an appointment under subsection (1), the Minister must have regard to any recommendations made by the Chief of the Defence Force.
(3) The Deputy Inspector-General ADF holds office on a full-time basis.
(4) A person holding office as the Deputy Inspector-General ADF holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
110SD Qualifications for appointment
A person must not be appointed as the Deputy Inspector-General ADF unless the person has knowledge of and experience in relation to military justice issues and an understanding of their relevance to the role of the Defence Force.
Note: A person is not prevented from being appointed as the Deputy Inspector-General ADF merely because the person has been a member of the Defence Force (i.e. there is no equivalent of section 110FA for the Deputy).
110SE Tenure
(1) The Deputy Inspector-General ADF holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
(2) The Deputy Inspector-General ADF is eligible for reappointment.
110SF Resignation
The Deputy Inspector-General ADF may resign his or her appointment by giving the Minister a written resignation.
110SG Remuneration
(1) The Deputy Inspector-General ADF is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, they are to be paid the remuneration that is prescribed.
(2) The Deputy Inspector-General ADF is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
110SJ Leave of absence
(1) The Deputy Inspector-General ADF has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Chief of the Defence Force may grant the Deputy Inspector-General ADF leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chief of the Defence Force determines.
110SK Engaging in other paid work
The Deputy Inspector-General ADF must not engage in paid employment outside the duties of their office without the Minister's consent.
110SL Termination of appointment
(1) The Minister must terminate the appointment of the Deputy Inspector-General ADF if the Deputy Inspector-General ADF:
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) compounds with their creditors; or
(d) assigns their remuneration for the benefit of their creditors; or
(e) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(f) fails, without reasonable excuse, to comply with section 110SM.
(2) The Minister may terminate the appointment of the Deputy Inspector-General ADF on the ground of:
(a) misbehaviour; or
(b) physical or mental incapacity.
(3) The Minister may terminate the appointment of the Deputy Inspector-General ADF if the Deputy Inspector-General ADF engages in paid employment outside the duties of their office other than with the Minister's consent.
110SM Disclosure of interests
The Deputy Inspector-General ADF must give written notice to the Minister of all interests (financial or otherwise) that the Deputy Inspector-General ADF has or acquires that could conflict with the proper performance of the functions of their office.
110SN Acting appointments
(1) The Minister may appoint a person to act as the Deputy Inspector-General ADF:
(a) during a vacancy in the office of the Deputy Inspector-General ADF (whether or not an appointment has previously been made to that office); or
(b) during any period, or during all periods, when the Deputy Inspector-General ADF is absent from duty or from Australia, or is, for any other reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
(2) The Minister must not appoint a person to act as the Deputy Inspector-General ADF unless the person has knowledge of and experience in relation to military justice issues and an understanding of their relevance to the role of the Defence Force.
(3) In making an appointment under subsection (1), the Minister must have regard to any recommendations made by the Chief of the Defence Force.
Division 2 — Other provisions
41J Funding
Expenditure for the purposes of Part VIIIBA of the Defence Act 1903 as inserted by this Schedule is to be made from funds appropriated by the Parliament.
_____
Sheet 3638
(1) Clause 2, page 2 (at the end of the table), add:
(2) Page 21 (after line 8), at the end of the Bill, add:
Schedule 3 — Reviews of Department of Veterans' Affairs fee schedules
1 Object of Schedule
The object of this Schedule is to progress recommendation 71 of the Final Report of the Defence and Veteran Suicide Royal Commission, which provided that the Australian Government should "increase the Department of Veterans' Affairs fee schedule so it is aligned with that of the National Disability Insurance Scheme".
2 Reviews of DVA fee schedules
Requirement to conduct reviews
(1) The Minister must cause reviews of the DVA fee schedules to be conducted in accordance with this item.
Scope of review
(2) Without limiting subitem (1), a review must consider the effectiveness of the DVA fee schedules in mitigating challenges faced by veterans in accessing health care. In particular, a review must consider:
(a) changes to the DVA fee schedules that would be necessary to align fees in respect of goods, services or supports under the those schedules with benefits for equivalent or comparable goods, services or supports available in the context of the National Disability Insurance Scheme; and
(b) measures to mitigate supply constraints, such as non-fee-for-service components, additional loading or incentive payments, including in areas with few health services for the populations being served; and
(c) changes in the cost of providing services, including changes in input and operational costs faced by service providers; and
(d) the sustainability and accessibility of services for veterans; and
(e) the need to ensure fee levels remain fair and reasonable over time.
Note: The document titled the NDIS Pricing Arrangements and Price Limits, published by the National Disability Insurance Agency, as it exists from time to time, sets out pricing arrangements and price limits that the Agency has determined will apply to the provision of supports for participants in the National Disability Insurance Scheme. The document could in 2026 be viewed on the National Disability Insurance Scheme website (https://www.ndis.gov.au).
Review timing
(3) The first review must be completed within 12 months after the commencement of this item.
(4) Each subsequent review must be completed within 2 years after the completion of the previous review.
(5) For the purposes of subitems (3) and (4), a review is completed on the day after the day the report of the review is given to the Minister.
Minister to be given report of review
(6) The persons conducting a review must give the Minister a written report of the review.
(7) Without limiting subitem (6), the report must contain recommendations in relation to:
(a) changes to the DVA fee schedules as mentioned in paragraph (2)(a); and
(b) measures to mitigate supply constraints as mentioned in paragraph (2)(b).
(8) The Minister must cause a copy of the report of a review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
Review response
(9) The Minister must, within 3 months of receiving the report of a review, prepare a written response to the report setting out:
(a) actions that have been taken or that are proposed to be taken in response to each recommendation; and
(b) if no action is taken or proposed in response to a recommendation—reasons for not taking or proposing to take action.
(10) The Minister must cause a copy of the response to be tabled in each House of the Parliament within 15 sitting days of that House after the end of the 3-month period mentioned in subitem (9).
3 Definitions
In this Schedule:
Chiropractors Schedule of Fees means the document titled Chiropractors Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Clinical Psychologists Schedule of Fees means the document titled Clinical Psychologists Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Defence and Veteran Suicide Royal Commission means the Royal Commission into Defence and Veteran Suicide, issued by the Governor-General by Letters Patent on 8 July 2021 (and including any later variations of those Letters Patent).
Department means the Department administered by the Minister.
Diabetes Educators Schedule of Fees means the document titled Diabetes Educators Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Dieticians Schedule of Fees means the document titled Dieticians Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
DVA Community Nursing Schedule of Fees means the document titled DVA Community Nursing Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
DVA fee schedules means the following:
(a) Chiropractors Schedule of Fees;
(b) Clinical Psychologists Schedule of Fees;
(c) Diabetes Educators Schedule of Fees;
(d) Dieticians Schedule of Fees;
(e) DVA Community Nursing Schedule of Fees;
(f) Exercise Physiologists Schedule of Fees;
(g) Fee notes for GPs and specialists;
(h) Fee Schedule of Dental Services for Dental Prosthetists;
(i) Fee Schedule of Dental Services for Dentists and Dental Specialists;
(j) Fee Schedules for Medical Services;
(k) Medical Grade Footwear Fee Schedule;
(l) Neuropsychologists Schedule of Fees;
(m) Occupational Therapists (Mental Health) Schedule of Fees;
(n) Occupational Therapists Schedule of Fees;
(o) Optometrists Schedule of Fees;
(p) Orthoptists Schedule of Fees;
(q) Orthotists Schedule of Fees;
(r) Osteopaths Schedule of Fees;
(s) Physiotherapists Schedule of Fees;
(t) Podiatrists Schedule of Fees;
(u) Pricing Schedule for Visual Aids;
(v) Psychologists Schedule of Fees;
(w) Social Workers (Mental Health) Schedule of Fees;
(x) Social Workers Schedule of Fees;
(y) Speech Pathologists Schedule of Fees.
Exercise Physiologists Schedule of Fees means the document titled Exercise Physiologists Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Fee notes for GPs and specialists means the documnt titled Fee notes for GPs and specialists published by the Department as it exists from time to time.
Note: The Fee notes for GPs and specialists could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Fee Schedule of Dental Services for Dental Prosthetists means the document titled Fee Schedule of Dental Services for Dental Prosthetists published by the Department as it exists from time to time.
Note: The Fee Schedule could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Fee Schedule of Dental Services for Dentists and Dental Specialists means the document titled Fee Schedule of Dental Services for Dentists and Dental Specialists published by the Department as it exists from time to time.
Note: The Fee Schedule could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Fee Schedules for Medical Services means the document titled Fee Schedules for Medical Services published by the Department as it exists from time to time.
Note: The Fee Schedules could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Medical Grade Footwear Fee Schedule means the document titled DVA Medical Grade Footwear (MGF) Fee Schedule published by the Department as it exists from time to time.
Note: The Fee Schedules could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Minister means the Minister administering the Veterans' Entitlements Act 1986.
National Disability Insurance Scheme has the same meaning as in the National Disability Insurance Scheme Act 2013.
Neuropsychologists Schedule of Fees means the document titled Neuropsychologists Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Occupational Therapists (Mental Health) Schedule of Fees means the document titled Occupational Therapists (Mental Health) Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Occupational Therapists Schedule of Fees means the document titled Occupational Therapists Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Optometrists Schedule of Fees means the document titled Optometrists Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Orthoptists Schedule of Fees means the document titled Orthoptists Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Orthotists Schedule of Fees means the document titled Orthotists Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Osteopaths Schedule of Fees means the document titled Osteopaths Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Physiotherapists Schedule of Fees means the document titled Physiotherapists Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Podiatrists Schedule of Fees means the document titled Podiatrists Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Pricing Schedule for Visual Aids means the document titled Pricing Schedule for Visual Aids published by the Department as it exists from time to time.
Note: The Pricing Schedule could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Psychologists Schedule of Fees means the document titled Psychologists Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Social Workers (Mental Health) Schedule of Fees means the document titled Social Workers (Mental Health) Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Social Workers Schedule of Fees means the document titled Social Workers Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
Speech Pathologists Schedule of Fees means the document titled Speech Pathologists Schedule of Fees published by the Department as it exists from time to time.
Note: The Schedule of Fees could in 2026 be viewed on the Department's website (https://www.dva.gov.au).
_____
Sheet 3640
(1) Schedule 1, page 19 (after line 5), after Part 9, insert:
Part 9A — Time limits for determining certain claims
Military Rehabilitation and Compensation Act 2004
46A At the end of Part 2 of Chapter 7
Add:
343A Time limit for determining certain claims
Claims for compensation for permanent impairment
(1) If a person makes a claim under section 319 for compensation under Part 2 of Chapter 4 (permanent impairment), the Commission must determine the claim by the end of the period of 120 days (the consideration period) beginning on the day the claim is made.
(2) If the Commission does not determine the claim by the end of the consideration period, the Commission is taken to have accepted the claim.
Claims for compensation for incapacity
(3) If a person makes a claim under section 319 for compensation under Part 3 or 4 of Chapter 4 (incapacity), the Commission must determine the claim by the end of the period of 90 days (the consideration period) beginning on the day the claim is made.
(4) If the Commission does not determine the claim by the end of the consideration period, the Commission is taken to have accepted the claim.
Stopping the clock
(5) If the Commission requests further information in relation to a claim for compensation under Part 2, 3 or 4 of Chapter 4, the time taken for the Commission to receive the further information is not to be included in the relevant consideration period.
_____
Sheet 3641
(1) Clause 2, page 2 (after table item 2), insert:
(2) Schedule 1, page 6 (after line 5), after Part 1, insert:
Part 1A — Veterans' Review Board
Military Rehabilitation and Compensation Act 2004
7A Paragraph 352G(2)(a)
Omit "other than", substitute "including".
7B Subsection 352G(3)
Repeal the subsection.
7C Section 353L
Repeal the section.
_____
Sheet 3677
(1) Clause 2, page 2, at the end of the table, add:
(2) Page 21 (after line 8), at the end of the Bill, add:
Schedule 2 — Other amendments relating to extraterritorial application of discrimination legislation
1 After subsection 9(2)
Insert:
(2A) In addition, this Act has effect in relation to an act done outside of Australia (whether or not in a foreign country) if the act is done:
(a) by, or on behalf of, the Commonwealth in relation to a member of the Defence Force; or
(b) by, or in relation to, a member of the Defence Force in connection with, or in the course of, the performance of the member's duties as a member of the Defence Force.
(2B) Subsection (2A) applies:
(a) without limiting the effect this Act has apart from that subsection; and
(b) despite anything else in this section; and
(c) regardless of whether the act done outside of Australia involves persons or things, or matters arising, within or outside of Australia.
Disability Discrimination Act 1992
2 After subsection 12(2)
Insert:
(2A) In addition, this Act has effect in relation to an act done outside of Australia (whether or not in a foreign country) if the act is done:
(a) by, or on behalf of, the Commonwealth in relation to a member of the Defence Force; or
(b) by, or in relation to, a member of the Defence Force in connection with, or in the course of, the performance of the member's duties as a member of the Defence Force.
(2B) Subsection (2A) applies:
(a) without limiting the effect this Act has apart from that subsection; and
(b) despite anything else in this section; and
(c) regardless of whether the act done outside of Australia involves persons or things, or matters arising, within or outside of Australia.
Racial Discrimination Act 1975
3 After section 4
Insert:
4A Extraterritorial operation
(1) This Act extends to acts done outside of Australia (whether or not in a foreign country) if the act is done:
(a) by, or on behalf of, the Commonwealth in relation to a member of the Defence Force; or
(b) by, or in relation to, a member of the Defence Force in connection with, or in the course of, the performance of the member's duties as a member of the Defence Force.
(2) Subsection (1) applies:
(a) without limiting the effect this Act has apart from that subsection; and
(b) regardless of whether the act done outside of Australia involves persons or things, or matters arising, within or outside of Australia.
4 Application of amendments
(1) The amendments of the Disability Discrimination Act 1992, Racial Discrimination Act 1975 and Sex Discrimination Act 1984 made by this Part apply in relation to acts done before, on or after the commencement of this item.
(2) However, the amendments do not affect rights or liabilities arising between parties to proceedings heard and finally determined before that commencement.
Question negatived.
The question now is that the remaining stages of the bill be agreed to and the bill be now passed.
Question agreed to.
Bill read a third time.