Senate debates Bills
Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026; In Committee
Dean Smith WA, Liberal Party, Shadow Assistant Minister to the Shadow Treasurer
1:04 pm
I move opposition amendment (1) on sheet 3937:
(1) Schedule 5, item 65, page 173 (line 17) to page 175 (line 2), to be opposed.
Jenny McAllister NSW, Australian Labor Party, Minister for the National Disability Insurance Scheme
The government will be opposing this amendment. The amendment would limit the appointment of investigating officers under the act to Defence members, except for cases of relevant sexual misconduct, which could be undertaken by any person appointed under the act. The consequence of this would be to limit our ability to appoint non-Defence individuals as investigating officers—for example, an officer of the Australian Federal Police—and this would significantly impact all types of investigations, including sexual violence investigations.
Maria Kovacic NSW, Liberal Party, Shadow Assistant Minister for Women
I wish to seek clarification. We understood we were dealing with amendment sheet No. 3937. That doesn't appear to be sheet No. 3937.
Jenny McAllister NSW, Australian Labor Party, Minister for the National Disability Insurance Scheme
Thank you very much for the clarification, Senator Kovacic. My apologies; however, we do also oppose this amendment. This amendment would remove a proposed section of the act which creates powers for directions and guidelines to be issued by the minister to the Director of Military Prosecutions related to the performance of their roles and functions. The consequence of this would be to remove the ability for any ministerial oversight of the roles and functions of the Director of Military Prosecutions.
Dave Sharma NSW, Liberal Party, Shadow Assistant Minister for Citizenship and Multicultural Affairs
The question is that item 65 of schedule 5 stand as printed.
Jessica Collins NSW, Liberal Party
1:12 pm
I move opposition amendment (1) on sheet 4017:
(1) Schedule 5, item 65, page 175 (lines 1 and 2), omit "is not a legislative instrument", substitute "is a legislative instrument".
Jenny McAllister NSW, Australian Labor Party, Minister for the National Disability Insurance Scheme
The government does support this amendment, and the practical impact of the proposal will be to require that all directions and guidelines issued by the minister to the Director of Military Prosecutions would be subject to disallowance.
Question agreed to.
Jessica Collins NSW, Liberal Party
1:13 pm
I withdraw the opposition amendments on sheet 4125.
Bill, as amended, agreed to.
Bill reported; report adopted.