Crimes and Other Legislation Amendment (Omnibus No. 1) Bill 2026

Senator CASH (Western Australia—Leader of the Opposition in the Senate) (10:16): Yesterday we talked about whether or not the Office of the Special Investigator actually worked with the AFP in relation to the investigation into war crimes. I want to note for the Hansard record that, on 7 April 2026, the opening statements by the AFP commissioner and the OSI director of investigations, following the arrest of the former Australian soldier stated: Good afternoon.

A former Australian Defence Force member has today been arrested and will be charged with five counts of War Crime—Murder after a joint investigation between the Office of the Special Investigator (OSI) and the AFP. For the benefit of the Hansard record, it was a joint investigation, as stated by Krissy Barrett as the Commissioner of the AFP. In that press conference, she was joined by—I'll make sure I say it correctly—the OSI director of investigations.

So it was a joint investigation. Can I also confirm that, on 14 November 2023, the former attorney-general Mark Dreyfus announced the appointment of Ms Raelene Sharp as the next Commonwealth director of public prosecutions? This is a press release that was issued at the time.

It goes through Ms Sharp's legal career, and then it also confirms: Ms Sharp has also been working as counsel assisting the Special Investigator appointed to investigate possible breaches of the Laws of Armed Conflict allegedly committed by members of the Australian Defence Force in Afghanistan from 2005 to 2016. I also want that on the Hansard record, as it pertains to the legislation in front of us.

I also place on the Hansard record—I think you also gave me evidence of this yesterday—that Ms Sharp herself was actually counsel assisting the Office of the Special Investigator in relation to the investigation into the war crimes. As you've now noted, there are now two prosecutions on foot. Can I confirm all of that, please?