Senate debates Bills

Defence Amendment (Sexual Assault Prevention, Intervention and Response Commission) Bill 2025; Second Reading


Jacqui Lambie

Jacqui Lambie Tasmania, Jacqui Lambie Network

9:01 am

The first time I gave a speech in this chamber, I spoke about the cover-up of appallingly high levels of abuse and sexual assaults in the military. That was in 2014. Twelve years later, there have been over a dozen inquiries into sexual assault in Defence. You would think that, after all the money and time spent and the victims having to retraumatise themselves by telling their stories over and over again, things would be getting better. I'm sorry to tell the Senate that they are not. The royal commission has noted that the Australian Defence Force has put in a range of reforms over the last 10 years, but, as they put it, 'despite these reforms, significant problems remain'. I am very grateful to the royal commissioners for their excellent work and their recommendations, but there are a couple I didn't agree with, and recommendation 25—to hold another inquiry into sexual assault in the Defence Force—is one of them.

Taxpayers have funded over a dozen reviews and inquiries into military sexual violence. We don't need another one. We know what the problems are, and what really worries me is that another inquiry just becomes another excuse to delay taking action—no more. Let's be clear: you are asking victims once again to tell their stories. Fair dinkum! That must not be allowed to happen. There's been enough trauma for those victims. I've got to say that I am extremely disappointed that Penny McKay, the Defence and Veterans' Service Commissioner, sent out a newsletter that said, 'Hearing directly from those with lived and living experience of military sexual violence will help inform the inquiry's recommendations.' That's not true.

This inquiry, headed by Natasha Stott Despoja, has no powers for the victims out there—none. They have no power to demand documents. They can write recommendations, but the inquiry has zero power to enforce any recommendations. This is an absolute waste of time and money, and I will be telling victims of military sexual violence that they don't need to give testimony, because the military sexual violence inquiry will take on board testimony already given. That should have been made very clear by Commissioner McKay. Victims shouldn't have to tell their stories over and over again just so Commissioner McKay or Defence can pat themselves on the back and pretend they are actually doing something that will make real change. You've had enough time.

There is plenty of material for Natasha Stott Despoja to read covering the experience of victim-survivors dealing with sexual assault in Defence. I suggest, Ms Stott Despoja, that you read the dozen or so reports we already have, but start with the DLA Piper, girlfriend, and finish with volume 3 of the royal commission's final report. I do not support encouraging witnesses to come forward, retraumatising themselves and pretending it will tell us something new again. It is so cruel. The majority of the submissions to the inquiry on my bill want action and they want it today, except for—yes, here we go—very disappointingly, the Defence and Veterans Service Commission, the Inspector-General of the Australian Defence Force—nothing new there—and guess who else? Defence—no surprises.

Witnesses at the public hearing were like me, worried that Natasha Stott Despoja's inquiry will just cause more delays, and that means the status quo continues and all we get is more victims. Currently, ADF personnel are expected to continue working in some environments with known perpetrators and predators, and that can include victim-survivors working alongside their perpetrator, because the system cannot arrange separation or the victim-survivor is too scared to come forward. I would ask everyone in this place to think about that and ask yourselves, is that somewhere where you'd like to work? Is it a place where you'd like your son or daughter to work?

The review into allegations of sexual and other abuse in Defence conducted in 2011 and 2012, heard testimony from 770 people who became victim-survivors through their service our Australian Defence Force. Dr Rumble, who led that review, retains a strong personal obligation to every one of those individuals. His frustration with the lack of real action to address military sexual violence was evident during the inquiry. Gary proposed Defence leaders should be asked, 'Would you advise your daughters and your granddaughters to join the Defence Force next week?' He was very clear: 'I wouldn't let my granddaughter go anywhere near the Defence Force. This is urgent.'

Anyone who has spent time and spent any time in this place or a bureaucracy knows that inquiries and reviews are and can be used to delay real action. Ms Ballard shared that view, telling the inquiry, 'Inquiries and reviews continue to delay, delay, delay any real reform.' Again, we know what the problems are. What we need is action, and it is way overdue. My bill is heavily influenced by the recommendations from the royal commission and the other inquiries. The aim of the recent inquiry into my bill was to analyse it and see where it can be improved, and to that end I thank everyone that made submissions and appeared as witnesses. I also thank the committee secretariat and my Senate colleagues for their efforts and support while I dealt with my back issues. I make a special mention of Senator David Pocock, who introduced the bill and sought its referral to the inquiry on my behalf. I cannot thank enough Senator Jessica Collins, who posed many questions to witnesses for me and has stood her ground all the way through it to get to the answers. Thank you so much, Jess.

I acknowledge that the government has made some progress through recent amendments to the Defence Force Discipline Act, or DFDA. Those amendments show a willingness to change in the government. I hope this willingness remains for the future passage of this bill. I acknowledge the victims and survivors of the sexual assault—mainly women, but also men—and the terrible pain and trauma that it has caused you and your families, who have suffered. We must recognise that, despite Defence's efforts, it's not getting better. We must try a different approach, and that's what my bill does. Professor Wadham, a witness at the hearing, agrees. He told the inquiry, 'This legislation takes cases of sexual assault out of Defence's hands, strengthens procedures and begins to reshape those institutional arrangements.'

The bill addresses many issues that would normally be handled by regulations. I have made a very conscious decision that they should be legislated. They must be captured in law—there is no other choice—so they cannot be tweaked, they cannot be weakened and they cannot be changed without the majority of parliament agreeing with them in the future. We need laws in place to protect our servicepeople and punish the perpetrators once and for all. Many of the submissions to the inquiry had valuable feedback on the bill and pointed out aspects that could be aligned to existing legislation, strengthened or improved. I appreciate the feedback so much, and assure you it will be considered as we progress the bill and amend it where needed to get the best outcome and get the results that we need for a better Defence Force.

The royal commission's commissioners asked Defence to tell them how many serving members have been convicted of sexual offences in civilian courts, even where those offences were perpetrated at work against another member, but Defence couldn't give the commissioners the numbers. But Defence couldn't give the commissioners the numbers. The royal commissioners reported that Defence's own numbers showed that close to 800 sexual assaults had been reported in the Australian Defence Force over the previous five years. But the real number will be much higher. Since the Defence Force Ombudsman was given oversight of serious abuse in the Australian Defence Force, they've received over 2,000 complaints of sexual assault or sexual misconduct within. This is nothing new. Past reviews have established that reporting of sexual assaults by members of the Australian Defence Force is low. Defence itself estimates an underreporting rate of 60 per cent for sexual assaults in their organisation. Good on you for being conservative! Let's push that number, because I can tell you that Professor MacKenzie told the royal commission that she estimated that 80 per cent of people that experience sexual misconduct in military organisations don't report it. Setting aside terminology discrepancies, just consider this: if those 800 reported sexual assaults were only 20 to 40 per cent of the total, then the number we are probably looking at is about 1,400—shocking.

For some additional perspective, there are more than 2,000 women registered for the Australian Defence Force class action on gender based sexual assault, harassment or discrimination, and over a third of them—this is shameful in itself—are currently serving in our Australian Defence Force. Gee, I wonder if their perpetrators are sitting there with them! The law firm JGA Sadler expect there are thousands more yet to come. I encourage you to contact them. I encourage you to contact them, lady. They're the real deal.

In 2012, a review conducted by the Human Rights Commission reported that they had heard from female veterans who had been sexually assaulted or subjected to harassment but didn't report it because they were worried about being victimised. They didn't trust the reporting regime, and they feared their confidentiality would be breached. As Dr Rumble stated:

Unreported abuse is a silent disaster for victims and for the ADF.

And he is absolutely right. With so much underreporting, the Human Rights Commission drew the conclusion:

An accurate picture of the extent of sexually based unacceptable behaviour cannot be gained.

Fast-forward to the recent royal commission, 12 years later. When they were writing their final report, the ADF still could not accurately quantify the prevalence of all forms of sexual misconduct in the workplace. Defence couldn't even tell the commissioners how many serving members had been convicted of sexual offences in civilian courts. As the commissioners put it—and I quote: 'To say we find this concerning is an absolute understatement.' This is how we know—not guess but know—that rapists and sexual abusers are still walking around in the goddamn bloody uniform. That is shameful. The standard you walk past is the standard, apparently, that you accept.

In 2012, the Human Rights Commission recommended Defence urgently investigate mechanisms that allowed members to make confidential, restricted reports of sexual harassment, sex discrimination and sexual assault. In response, Defence established the Sexual Misconduct Prevention and Response Office, SeMPRO, but left out the most important bit—the restricted reporting element. My bill fixes this and establishes a better mechanism to improve reporting. SeMPRO might offer support, but it does nothing else. Even then, I'd quarry about the 'support' bit. It does absolutely nothing to change outcomes for victims or perpetrators. SeMPRO has been an absolute waste of space. For me, it's just another mechanism for cover-up, and that's all SeMPRO has been. It does nothing to change the culture in Defence. If we don't change the institutional habits in Defence, the culture, then nothing will change when it comes to sexual assault.

Defence holds the view that many of the proposed functions already exist within Defence and are performed by specialist bodies with statutory independence or dedicated expertise. While that might be correct for some of those bodies, it fails to recognise this: those bodies aren't truly independent from Defence, are they? But the victims know that, and so do I. They aren't empowered to act independently. In some cases, they are insufficiently trained or resourced. Ultimately, the current set-up is not working. Change is desperately needed now. It is well overdue.

Colleagues, I expect most of you have heard the phrase, 'Insanity is doing the same thing over and over and expecting different results.' Well, we can all see it is madness to retain the same institutional settings and expect things to get better. Some argue that members of the Australian Defence Force should be held to a higher standard than the civilian population, but they should absolutely not be held to a lesser standard or allowed greater leeway. It has now been acknowledged that perpetrators of sexual assault are not suitable to be retained as members of the Australian Defence Force, but much more work is needed to look at sexual assault involving civilians in the Defence Force environment as well. Establishing the Sexual Assault Prevention, Intervention and Response Commission will provide a specialist organisation that can help Defence leadership deal with the issue of sexual assault. It will help them meet the obligation on leadership to establish a safe working environment for their people.

The bill isn't perfect, but it goes a long way to addressing the current issues. However, there is scope for improvement, and, with the feedback to date, I am working on improving it. Give me a little more time, and I will bring the bill back with the necessary amendments as soon as I can next year. To my Senate colleagues: I also ask that you allow me a little bit more time so I can get this bill into the best shape possible and then bring it back for your consideration. When I do, I hope you can help prove to the victims that, while it's taken far too long to act, we have listened and we are going to take action that will protect others and tell perpetrators their time is up. I apologise for the further delay and that delays result in more suffering, more trauma and more victims of military sexual violence.

If anyone doubts me, let me tell you about an email I got yesterday from a former member of the Navy. You're really doing it great there in Defence! The sender told me that concealed cameras have recently been found in the female sailors' shower facilities on the vessel HMAS Leeuwin based in Cairns. I was also told that this had occurred recently and had prevented the vessel from sailing while investigations were ongoing. Even more disturbing are claims that footage from these cameras may have been uploaded online before the cameras were discovered. The sender's greatest worry is that similar devices may be in other vessels. How many of our female sailors have unknowingly been recorded in their most private moments? How much footage has been distributed online so far, retained or uploaded without knowledge or consent? These are the questions I ask the Navy today. It's out of the bag. There you go, reporters. Give the Navy a ring and ask them what's going on.

Leah Blyth

Leah Blyth SA, Liberal Party, Shadow Assistant Minister for Defence Infrastructure

9:16 am

I would like to start by thanking Senator Lambie for bringing this important legislation, the Defence Amendment (Sexual Assault Prevention, Intervention and Response Commission) Bill 2025, before the Senate this morning. I think it's fair to say that Senator Lambie has been a very consistent and hard-fighting advocate for both our service men and women and our personnel. She has been unafraid to say what needs to be said, so I would like to sincerely thank Senator Lambie for all her advocacy in this area and for bringing bills like this to the Senate for us to talk about and debate.

The Australian way of life has been secured through the enduring service, the courage and the sacrifice of the men and women who have defended our nation in uniform. In recognition of that service, we have a responsibility to ensure that our Defence personnel are treated with respect, protected from harm and supported when they need help. That is something that the coalition fundamentally believes in, and that is why we fought so hard to make sure that there wasn't a cap on veterans' services for when these brave service men and women left the service and that their health care was worth more than the $5,000 cap that Labor was proposing.

Sexual assault has no place in Australian society, let alone in our defence force. Every single person who puts on the uniform, who serves our nation and who seeks to protect us from harm should be protected from harm themselves, and they should have confidence that, if there are allegations of sexual violence, they will be taken seriously. The former coalition government established the Royal Commission into Defence and Veteran Suicide in 2021. This was after listening to veterans and their families and the ex-service community. The royal commission exposed serious failings in the treatment of both serving personnel and veterans, including the devastating consequences of military sexual violence. Its findings demanded accountability and lasting reform.

The coalition today stands here happy to support Senator Lambie's bill to establish an independent sexual assault prevention, intervention and response commission dedicated to addressing sexual violence within the defence forces across Australia. This bill seeks to strengthen prevention, improve reporting pathways, provide dedicated support to victim-survivors and strengthen the investigation of sexual assault allegations. Its proposed framework includes education and training, evidence collection, legal assistance and a 24-hour-a-day, seven-day-a-week response capability.

The men and women who defend Australia deserve to know that their parliament is going to act to support them. Defence personnel should be able to seek help without fearing that, in doing so, they will damage their career, that they will undermine their standing within their unit or that that will expose them to any kind of retaliation. Access to this support should not be dependent on their rank or posting, or on whether a person is ready to proceed with a formal complaint.

The bill's proposed restricted and unrestricted reporting options recognise the importance of giving victims greater choice in how they wish to seek assistance. Independent oversight can only help by building confidence that complaints will be handled properly and that institutional failures will be identified and addressed. Prevention must, of course, be the core responsibility across Defence. Commanders and managers have an obligation to set clear standards, respond promptly to concerns and ensure unacceptable behaviour is never, ever, excused or concealed. A strong and fair military justice system must protect victim-survivors, ensure allegations are investigated thoroughly and preserve procedural fairness for all of those who are involved.

Protecting our people who serve to protect our nation will protect our Defence Force. A safe workplace, trusted leadership and effective responses to serious misconduct are essential to morale, unit cohesion and operational readiness and success.

Establishing a commission must lead to practical improvements. It must have the resources, the expertise and the independence to carry out the responsibilities effectively. Its responsibilities must also be clearly coordinated with existing defence services, investigative authorities and the Defence and Veterans' Service Commission. Personnel seeking assistance deserve clear pathways and timely support.

The coalition will support this bill, having considered the Senate committee findings, and we will consider supporting sensible amendments that improve its operation, protect privacy and strengthen accountability. This bill is looking to amend the Defence Act 1903, and the measures that are included in this bill establish an independent Sexual Assault Prevention, Intervention and Response Commission. It is designed to provide a comprehensive framework for preventing sexual assault, supporting victims, managing reports, collecting evidence and strengthening accountability in Defence.

Division 1 sets out the framework's objectives and provides definitions. Division 2 establishes the commission, comprising a commissioner, at least one deputy commissioner and staff. The commissioner will be responsible for establishing and maintaining the prevention, intervention and response framework. This will include training; reporting systems; support services; evidence collection; record keeping; a sexual assault investigation unit; legal assistance for eligible victim-survivors; and a policy addressing retaliation or reprisal. I think that last part is important because, according to some defence personnel and veterans that I've spoken to, one of the reasons that they didn't report sexual assault while they were serving or haven't while they are serving is that they are afraid of the retaliation that will happen and the reprisal that will occur if they come forward.

Division 3 sets out the principal operational functions of the framework. It requires face-to-face awareness training, addressing consent, sexual assault, bystander intervention, reporting options and leadership responsibility. Division 3 also establishes restricted and unrestricted reporting options for eligible adult victims, including specified defence members, adult dependents and defence civilians; a forensic evidence collection capability and a separate evidence collection unit; a standardised database and secure record keeping across Defence, which allows victims a mechanism to have permanent access to their records; specialist education and certification requirements for personnel delivering the framework; and the creation of the Sexual Assault Investigation Unit.

Division 4 imposes responsibilities on defence personnel and senior office holders, including the Chief of the Defence Force, the Defence Secretary, the Chief of Joint Operations, service chiefs, the Director of Military Prosecutions and all other relevant commanders. These duties cover prevention, training, reporting, support and implementation of the framework. Defence personnel must not retaliate against those providing information about alleged sexual assault, knowingly make false accusations or condone or ignore sexual assaults.

Division 5 prohibits appointment, enlistment or commissioning of people convicted of sexual assault or required to be registered as sex offenders. Spent convictions are included, and failure to disclose relevant matters is grounds for instant administrative discharge.

Division 6 provides appointments, remuneration, conflicts of interests, staffing and other administrative arrangements. The commissioner is appointed by the Governor-General on the minister's recommendation on a full-time basis for a term of up to five years, with one reappointment permitted.

As I've said, the coalition will support this bill of Senator Lambie, having considered the Senate committee's findings, and we will consider supporting sensible amendments that improve its operation, protect privacy and strengthen accountability. The men and women who serve in the Australian Defence Force make extraordinary sacrifices on our behalf to protect our nation. In return, they deserve a defence force that protects their safety, their dignity and their wellbeing. Sexual assault has no place in our Defence Force. Those who come forward must have the confidence that they will be heard, supported and treated fairly without fear of retaliation or damage to their careers.

I want to again thank Senator Lambie for her longstanding advocacy on the issue and acknowledge the courage of the victims who have spoken out and who have demanded meaningful change not only from this parliament but from Defence itself.

The establishment of an independent commission must deliver more than another layer of bureaucracy. It must strengthen accountability, restore confidence in reporting processes and deliver practical improvements for serving personnel. The coalition remains committed to ensuring that those who dedicate their lives to defending Australia can serve in an environment where their safety is protected, their concerns are taken seriously and those responsible for any wrongdoing are held accountable.

(Quorum formed)

David Shoebridge

David Shoebridge NSW, Australian Greens

9:29 am

It's my great pleasure to rise in support of Senator Lambie's bill, the Defence Amendment (Sexual Assault Prevention, Intervention and Response Commission) Bill 2025, on behalf of the Greens. I think many of us watch the way politics is played in this place and watch the way in which politics is played more generally, but I think anyone who watches the way Senator Lambie deals with the concerns, the welfare and the health of veterans and doesn't see genuine is not watching. You're not watching and you're not hearing and you're not seeing the lived experience that Senator Lambie brings to this place and her continuing connection, particularly with women but not just with women, serving in the ADF. And so I want to acknowledge that work, Senator Lambie, and I want to acknowledge where this bill comes from.

This bill proposes a sexual assault prevention, intervention and response commission. When you read the royal commission's report into the culture in the ADF, you see that there is an inevitable hierarchy in any military, which is essential for a military to operate in times of war and conflict. But that same hierarchy is too often weaponised against women who are bringing complaints in about sexual assault. We have seen it time and time again. The hierarchy is the issue in this place.

In response to that, this bill proposes a series of mechanisms establishing a sexual assault prevention, intervention and response regime through a series of important criteria. Those include putting in place a new reporting system, putting in place education and training programs and putting in place mandatory briefings for commanding officers. I might stop there for a moment. A number of women who have come to my office on this and said that, when they're reporting up to their commanding officer, they're reporting to someone who's never had training, has never had experience and is used to unquestioning obedience in the chain of command. That's the culture—unquestioning obedience in the chain of command—and reporting up through the chain of command seems to have this inevitable shutdown. And the power imbalance in that moment when the reporting is up through the chain of command is the thing that is seen repeatedly in the ADF.

The minimum criteria also include survivors and victims of sexual assault receiving 24/7 access to support. For an organisation the size of the ADF, that seems incredibly achievable. They also include policy that addresses retaliation or reprisals against survivors and victims—and clear policy on that—so that people know in advance that, if you respond by way of reprisal to someone who has brought a valid claim forward, the hierarchy won't back you in even if you're more senior to them. There are clear policies, and you'll be held to account for that. This establishes a victim-survivor legal counsel program so that support outside the ADF is available. It needs to be independent legal advice where those who are serving know for sure that it will be confidential, it will be independent and it won't be influenced by the chain of command in the ADF. It provides for ongoing periodic review of these changes and also puts in place specialist investigators for sexual assault.

Now, I also want to acknowledge—I know the government gets beaten up a lot in this space and I know there's been a lot of heat on Minister Keogh—that parts of this reform have been happening. In the last session of this parliament, we supported legislation that put in place some of these measures to allow, for example, specialist investigators for sexual assault being outside of the ADF. The Greens supported that legislation. I know Senator Lambie supported that legislation. From memory, it was supported across the parliament in relation to sexual assault matters enabling people outside the ADF to be brought in with expertise in victims focused review in order to do that. I think we should acknowledge that this bill was presented by Senator Lambie before those amendments had been brought by the government. I'm not suggesting that there's causation here, but I do think the pressure on the government, coming from across the board, has been really important in bringing those reforms through in a timely form, but I don't think anyone would suggest—I doubt even the government would suggest—that those reforms were anything like complete.

This bill follows the Royal Commission into Defence and Veteran Suicide, which uncovered these systemic issues relating to sexual assault in the ADF. The royal commission made 14 recommendations relating to this issue, all of which have been accepted by the government. This bill is a way of implementing them in a very effective and direct fashion. The government, as I said, has acted on some aspects of those recommendations. The Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill and the Defence Legislation Amendment (RCDVS Implementation and Related Measures No. 2) both passed this house earlier this year. However, the Greens agree with Senator Lambie that more needs to be done. The goal should be zero instances of sexual assault, with a system of basic principles built around that.

Can I also say that the push for reform has come from some pretty extraordinary and brave veterans in this space. Julia Delaforce is someone I'm going to put front and centre in that. Julia has come forward and told her story. I couldn't do it justice. Read the book—that's what I would say. You get a sense of just what a journey that was—how hard it was inside Defence, how hard it was being recentred outside of Defence. Read Julia's book, because it tells the story. It explains to you why this bill from Senator Lambie is needed, and it explains to you how, as a whistleblower inside Defence, it was next to impossible. Going out to the Australian Human Rights Commission, working to overcome non-disclosure agreements, Julia faced barrier after barrier. Julia herself says that her experience is not unusual or novel and that so many other women have faced the same kinds of pressures.

Julia's submission to the committee where we looked at this bill said removing investigations from the chain of command is absolutely essential. That's what this commission does. That's probably the single most important point of this commission. It picks up that No. 1 recommendation and support from Julia and it picks up what came out of the royal commission—removing these investigations from the chain of command. That's what the independent commission does. Clear provisions against whistleblower retaliation is also something that Julia put in her submission. Again, it's what this bill does. It puts it in place in black and white.

I think we're not coming to a vote on this today. What I hope happens, as this goes over into the November break, is that the government sits down and engages with Senator Lambie. Our door is always open in this space to engage on positive reform, to help the culture in the ADF, to keep women safe in the ADF—to move it to that goal of zero sexual assault in the ADF. Again, Minister Keogh has come in for a bit of a bashing in the last few months, and some of that is entirely appropriate, given what happened to veterans' medical entitlements and medical support payments. I'm glad that that issue has been put back in a box, at least for now, but I'm going to give credit where it's due. He's been working on these royal commission recommendations, seeking to implement them, and I'm quite certain that that has been in the face of institutional resistance from the ADF. There's something about gold braid that doesn't like being questioned. Let's collectively work together to make this real, to implement the recommendations of the royal commission and to get to that goal.

Jessica Collins

Jessica Collins NSW, Liberal Party

9:39 am

It's a really important day. It's a really important day for our serving personnel and for our veterans, but also for Senator Lambie. The bill before us is a culmination of many, many, many years of work, advocacy, dedication and commitment not only to your country, to military personnel and to veterans but to the people that have come to you and entrusted you with that fight and with that advocacy. I'm sure in many instances they have shared with you stories that they have shared with no other person, and that's an incredible. It's an incredible thing to place on a person. And they chose the right person. And so thank you for taking that fight for all those people. I know that your inbox would have been absolutely flooded all the time for many, many, many years. You can't help everybody, but you can come forward with a bill like this. Thank you for doing that on behalf of all of them. I'm sure they thank you as well.

We in the coalition support this bill, and we are not the only party that supports it. That is an absolute testament to the importance of what you're doing here, establishing independence in the military justice system to ensure that we can protect the people who put their lives on the line to protect us. I can't tell you how many times I've heard this week that, the day you enlist, you tick a box for unlimited liability. But they don't say, when you tick that box, that that includes this kind of violence and trauma inflicted upon you by the people that you stand next to. It certainly shouldn't be that way, and so we have to do everything we can.

Of course, we established the Royal Commission into Defence and Veteran Suicide. It's important to be able to respond to that in as many ways as we can, and this is an important part of that. We heard through the inquiry from witnesses that came out in full support of this, which is again testament to the importance of this bill. Their evidence made very, very clear that we cannot accept a system in which the people that sign up to serve our country in the way that they do are left feeling unable to report sexual violence or seek the support that they need.

There is an urgent need for change, but I want to take the opportunity also to thank the people inside the system that are serving, that are doing the right thing and that are helping the people around them when reports of sexual violence come to them, including the military police that we have that are doing a great job in helping the people around them. But there is an urgent need for change. There is a need for accountability and a need for a system that personnel can inherently trust. This place has an obligation to our service personnel. As I said, their job is to protect us, and so we should be in here protecting them.

The centre of this bill is the creation of an independent sexual assault prevention, intervention and response commission within the Defence Act 1903, and that would be led by an independent commissioner supported by at least one deputy commissioner and staff that would oversee a Defence-wide framework covering prevention, education, reporting, victim-survivor support, evidence collection, investigations, legal assistance and measures to prevent retaliation and reprisal. I just want to focus on that. That prevention part is, I think, an important element of this.

We want to have a defence force that men and women are willing to enlist in. There is an overwhelming sense that people are being discouraged from doing that because of the violence against women and men in our defence force. We've got to remember that it is not just the women that have been through this; it is men as well. So, for the future of the security of our nation, this is a change that needs to happen now. I certainly hope that the government listens to the calls from everybody on this side of the chamber to make that change.

The commission has to lead to a safe workplace. It has to lead to practical improvements. It needs to have the resources, the expertise and the independence to carry out these responsibilities. It has to be clearly coordinated with the existing defence services, the investigative authorities and the Defence and Veterans' Service Commission. The point of all of that is that the personnel that need the assistance need clearer pathways. And the support needs to be timely. The coalition does support this bill. We've seen the committee's findings, which are supportive, and we will always consider supporting sensible amendments to improve the protection of privacy and the strengthening of accountability.

There has been a culture of secrecy and closing ranks to protect offenders and not victims. This is such a huge part of the problem and has to be rooted out. Those in positions of power should not be enabled to hide from scrutiny, and entrenched conflicts of interest must be disbanded. This bill goes to the heart of that. The framework combines strong protections for victim-survivors with procedural fairness and the presumption of innocence. Commanders would be required to put appropriate interim arrangements in place to protect victim-survivors from contact with alleged perpetrators; those arrangements will not constitute a finding of guilt.

There are also protections for alleged perpetrators, including monitoring their wellbeing and preserving their rights while allegations are investigated, because, to have a credible system, you've got to protect the people who come forward and ensure that everything is investigated fairly and thoroughly.

The bill also puts clear responsibilities on Defence leadership to prevent sexual violence and to respond appropriately to allegations and people who report misconduct. These responsibilities extend across senior Defence leadership, commanders and relevant statutory office holders. Everybody is responsible for this. Personnel would be prohibited from retaliating against people who provide information concerning alleged sexual assault, from knowingly making false accusations or from condoning or ignoring sexual assault. Prevention and cultural change must be responsibilities shared throughout the chain of command, not simply functions of a new commission. Ultimately, protecting defence personnel strengthens the ADF itself. On that basis, amongst others, we remain highly supportive of this bill in the coalition. A safe workplace, trusted leadership and confidence in systems for addressing serious misconduct are essential to morale, cohesion and operational readiness.

I want to finish by saying that the commission has to be properly resourced, genuinely independent and clearly coordinated with existing defence services, investigative authorities and the Defence and Veterans' Service Commission. I want to make three acknowledgements. I want to thank all of our service personnel past and present for ticking that box to unlimited liability. I want to thank all the people who have reached out to Senator Lambie and to me. I know that a lot of people have reached out to me. I do my very best to get back to you all—my apologies if I haven't got back to you yet. Finally, I want to thank you, again, Senator Lambie, for the work that you've put into this bill, for putting this at the centre of debate and for bringing us all together here in this chamber to support you in the work that you do.

Matt O'Sullivan

Matt O'Sullivan WA, Liberal Party, Shadow Minister for Choice in Childcare and Early Learning

Before I call Senator Green, with the indulgence of my colleagues here, I'd like to add my thanks to you, Senator Lambie, for your enduring commitment to this issue and for bringing this important bill before the Senate. That's from a personal position.

Nita Green

Nita Green Queensland, Australian Labor Party, Assistant Minister for Tourism

9:51 am

It's not surprising that every speech following Senator Lambie's has started with an acknowledgement of her work, thanking her for bringing this legislation forward and for the work that she does. That really goes without saying. But I think that all of us who know Jacqui well enough will probably hear her voice in our heads saying, 'Stop thanking me and get on with it, get on with doing the work.' That's why we acknowledge you, Senator Lambie. You are bringing this forward not for your own personal gain but to assist people and to bring about institutional reform that is long overdue and required on behalf of people who don't have a voice in this chamber. I want to thank you for raising those voices, for having those voices be heard and for making sure that we act on those voices. That is the most important thing that this Senate can do.

What the royal commission found was a systematic issue in Defence, which we know is historical but can be and will be ended by the actions of this parliament through reform. The government acknowledges the profound and enduring impact that military sexual violence can have on ADF members, veterans and their families. I'm sure that everyone who is familiar with this topic would be aware of those really harrowing stories of victims, people we know in our own lives, who've come forward to tell us how difficult their lives were after they did what they thought was the right thing and actually reported the incident. They were seeking justice and they were seeking safety at a very basic level. Instead, they became victims twice over. That is not acceptable. Sexual violence has no place in Defence, and the government remains committed to preventing harm, supporting victim-survivors and ensuring that perpetrators are held to account.

I first acknowledge and thank you, Senator Lambie, for the contribution you made this morning and for the indication and the advice that you've given the government that you are willing to work with us on this. I know the minister is very grateful for that. We know that you will keep him on his toes, and he expects that as well, but we know that there is a little bit more work to do around getting this right and making sure that when we do have a system that is in place it serves the purposes that we all desire: that victims are not retraumatised and that they are able to access that justice.

There has been some commentary this morning around some of the work that the government is doing, and I thank colleagues who have acknowledged the good work that the Minister for Veterans' Affairs is doing to progress the recommendations of the royal commission. It is incredibly important and the main focus of the minister, or the dogged determination that he has, is to ensure that all the recommendations of the royal commission are delivered. That includes the work around sexual violence. We are working constructively with Senator Lambie to explore solutions that support the government's broader reform agenda in regard to the response to military sexual violence, and this work will build on significant reforms already under way. The government notes recommendations to Defence to consider evidence and issues raised through inquiry to inform its reform agenda and to address sexual violence in the Australian Defence Force.

I acknowledge the work of the Senate inquiry into this bill, and the ongoing work of the Foreign Affairs, Defence and Trade Legislation Committee in prosecuting these issues and holding Defence to account. I've been a member of that committee, and it is a very important role that the Senate plays to hold Defence accountable. I'm sure that that will continue. There was a very constructive and collaborative approach to this particular inquiry into this particular bill, with some advice and recommendations coming out of it that we are considering and that we will look at as a way of strengthening some of the work that's happening, improving the current legislation in front of us, and meeting the goals of both the government and Senator Lambie to ensure that this work continues, that it is delivered, and that ADF personnel have an environment where they can be confident that if they are the victims of sexual violence they will be heard and listened to and protected.

I need to make it clear that all Defence personnel have a right to be respected and deserve to have a safe and positive workplace experience in the ADF. Those individuals that have found to be engaged in sexual offences can presume to no longer have a job in the ADF. That is something that we should say emphatically in this place, and we should be holding Defence to that very high standard. Defence has implemented strong legal and policy amendments following the royal commission, and there is more work that the government is doing. In particular, the inquiry that was referred to in previous contributions, which the government is working closely with others on, is about making sure that we can improve outcomes for victim-survivors.

The independent inquiry into military sexual violence in the Australian Defence Force, which will be conducted by the deputy commissioner, is afoot at the moment. The inquiry will identify gaps and opportunities to make recommendations to improve workplace protections for victim-survivors of military sexual violence and ensure perpetrators are held to account, while advancing a victim-survivor-centric approach in applying these principles. I take on board the criticism or the concerns that Senator Lambie and, I'm sure, members of the Defence community have about that inquiry, and I can reassure Senator Lambie that those issues she has raised today will certainly be taken note of. I think we can all agree that the guiding principles of any type of inquiry like this should be, firstly, that women shouldn't have to retell their stories. We've had a lot of inquiries and a lot of occasions where women have had to tell their stories over and over again, and we want to make sure that there is no retraumatisation through this inquiry. One of the things that have been noted is the amount of investigation and inquiry into this type of conduct that there has been, I think, going back to 2013. So I think a guiding principle for that inquiry should be that the previous recommendations and work of other inquiries are really the starting point of that work. We don't need another inquiry to start from scratch. What we need is a pathway forward to deliver on this work, and we need to make sure that, when the inquiry has finished its work, the recommendations that are delivered to government are implemented. That is what the minister is working towards in collaboration with other senators, particularly Senator Lambie.

We know that there's more work to do to eliminate sexual violence, and we welcome all opportunities to consider how best to respond to this critically. It is really important to recognise the work that the minister has been doing in implementing the reforms of the royal commission, and I do want to just put those on the record, because I know there are people who are listening who are victim-survivors themselves and who would be wanting to know that there is work underway. The implementations that have been progressed already include legislation being passed to enhance the military justice system. That includes a provision enabling commanders to suspend members who are under investigation by civilian police; mandatory consideration of rank disparity as an aggravating factor in sentencing; making specific provisions for victim impact statements for victims of sexual offending; work around removal orders and specific protections for sexual violence victims during superior tribunal proceedings; provisions for applications for protection of evidence procedures for victims during sexual offence proceedings; and procedures relating to giving victim impact statements during superior tribunal proceedings.

The act introduces a new disciplinary infringement, contravention and service offence of harassment, something that hasn't been in place before. Of course, we acknowledge that statistically women are predominantly the victims of sexual violence, not just in the Defence Force but in our society, but we do recognise the harassment and sexual violence towards some men in the military as well, and this new service offence of harassment is very important to protect those people.

We've also passed the Defence Legislation Amendment (RCDVS Implementation and Related Measures No. 2) Act 2026 to preclude people imprisoned for sexual offences from serving in the ADF and automatically end the service of any ADF member who is sentenced to a period of imprisonment by an Australian court. This includes imprisonment for sexual violence related offences but also applies to any other offence that results in a custodial sentence, including suspended sentences. We've updated Defence regulations to make it mandatory for Defence to issue involuntary separation notices to ADF members who've been found to engage in sexual violence, and of course this work continues. We are updating the Respect@Work guidance, introducing mandatory sexual prevention training for ADF personnel, and updating guidance for managers and commanders for preventing and responding to sexual violence through complaints and alternative resolutions.

Of course, as I've said at the beginning, there is more work to do, and it is very gracious of you, Senator Lambie, to offer to continue to work with the government, especially given that I think there is a majority of support for this bill around the table. But I think we can agree that getting this right the first time is the most important thing to do. We know how important it is to get this done as soon as possible but also to make sure that, when it is delivered, it is meaningful and we don't just have reform for the sake of reform, a press release for the sake of a press release or another opportunity for people to consider legislative reform. We need to make sure that it is meaningful.

I just finish with this. I am conscious that we won't go to a vote today, but I do want to say, on a personal note: Senator Lambie, thank you for the work that you've done. There are many people who are supporting the minister and ensuring he delivers on this work, and he is committed to doing that. You have a lot of support around the chamber from both sides—and I acknowledge the work of Senator Collins—particularly on this. This is when the Senate is at its best: when we get things done, as I said at the beginning. I'm sure that all the thanks that are directed your way are very nice but that you would prefer if we were to actually deliver on these reforms.

Women should be believed. Victims should be believed. But that is not enough. It won't surprise you to hear that I've been a victim of sexual assault myself. I've sat in a police station where they've said, 'We believe you, but we don't think there's anything that we can do to help you get justice for this action.' So many women experience that. That's because we tell women to come forward, we tell women that this is wrong and we tell women that there is help available. But, when they get to the point where the system doesn't work for them, it actually makes the situation worse. I've done a lot of work on consent law in this place and improving justice for women in the justice system. I will continue to do that with you. I don't think that it is acceptable in this day and age, after all the inquiries and all the evidence that's come forward, for us to say to any woman in the Defence Force, 'Thank you for your service, but the system failed you.' We commit that to you. Senator Lambie. I thank you, and I thank the Senate.

Debate adjourned.