Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026
Senator PATERSON (Victoria) (10:23): I rise to speak on the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill. The opposition will be supporting this bill. We do so because we recognise both the importance of the reforms before the Senate and the obligation that we all owe to our men and women who have served and who continue to serve the ADF.
The Australian way of life that we enjoy today has been secured through the enduring service, courage and sacrifice of those who've worn our nation's uniform. Throughout times of armed conflict, peacekeeping operations and natural disasters, members of the ADF have served with professionalism, distinction and dedication. They have protected our nation, supported communities in times of crisis, contributed to international stability and upheld Australia's responsibilities both at home and abroad.
In return, we have a solemn responsibility to ensure that those who serve are treated with dignity, respect and fairness. We have an obligation to support them not only while they are in uniform but throughout their lives after service. We have a responsibility to care for them—for both the physical and their psychological wounds that can arise during their military service.
That obligation extends to ensuring that our systems, our institutions and our laws operate in a way that protects serving members and veterans and responds appropriately when deficiencies are identified. This bill seeks to do that. It implements a number of recommendations arising from the Royal Commission into Defence and Veteran Suicide.
That royal commission was established by the former coalition government in July 2021 after listening to calls from veterans, families, advocates and the broader community for a national inquiry into the systemic issues affecting current and former defence personnel. When the coalition established the royal commission, we did so because there could be no greater priority than understanding why too many Australian Defence Force personnel and veterans were taking their own lives and than identifying the reforms needed to prevent that tragedy.
The commission's work was extensive, and it was confronting. The final report confirmed what veterans, families and many within the ex-service community had been saying for years. It identified systemic shortcomings, it highlighted the need for greater accountability, and it made clear that meaningful reform is required.
The coalition has consistently supported the implementation of agreed recommendations arising from the royal commission. At the last election, we committed to implementing the agreed response to the royal commission. We supported legislation to establish the Defence and Veterans' Services Commission, we've engaged extensively with veterans organisations and advocacy groups, and we remain firmly committed to addressing the unacceptably high rates of suicide among serving and former defence personnel.
More than half a million Australians have served or are currently serving in the ADF. What is clear from the findings of the royal commission is that we must do better by those who defend our nation, our families and our way of life. This bill provides the framework to implement recommendations 18, 20, 23, 34 and 63 of the royal commission while also introducing broader reforms to modernise Australia's military justice and discipline systems.
At its heart, the bill seeks to reduce harm and suicide risk for Defence members involved in military justice processes, improve fairness within those processes and align military disciplinary proceedings more closely with contemporary community expectations regarding accountability, transparency and procedural fairness. The coalition recognises the importance of each of these objectives.
Our military justice system plays a critical role in maintaining discipline, accountability and operational effectiveness within the ADF. Discipline is not an abstract concept within defence; it is fundamental to military capability. It supports command authority, it promotes cohesion within units, it underpins operational readiness, and it ensures confidence throughout the chain of command.
When disciplinary matters are not resolved efficiently, fairly and transparently, serious consequences can follow. Delays can undermine morale, uncertainty can place unreasonable strain on personnel, confidence in the system can diminish and relationships within units can become strained. In some circumstances, unresolved disciplinary issues can affect the safety and wellbeing of defence members and the broader defence community.
That is particularly true when allegations involve serious misconduct or conduct that affects operational environments. For those reasons, our military justice system must be fair, effective and timely. It must protect personnel while maintaining discipline, it must support confidence while ensuring accountability, and it must allow the ADF to remain capable, professional and mission ready.
The coalition has a long history of supporting reforms that strengthen military justice in Australia. Previous coalition governments introduced reforms to modernise the Defence Force Discipline Act, streamline disciplinary processes and strengthen responsiveness to cyberbullying, harassment and unacceptable behaviour within the ADF. We've consistently maintained that bullying, harassment and misconduct have no place within the ADF.
We also recognise that military justice systems must evolve over time. The challenge for legislators is ensuring that reforms improve accountability and fairness while preserving the operational effectiveness and integrity of defence institutions. The measures before the Senate seek to address that challenge.
Schedule 1 of the bill directly implements recommendations 18, 20, 23 and 63 of the royal commission. Among other things, these provisions establish a more consistent framework for the suspension of defence members who are under investigation for serious civilian criminal offences. At present, a member may be suspended during investigations into service offences, yet suspension is generally unavailable where serious civilian offences are being investigated until formal charges are laid.
The royal commission identified concerns in this area. The bill seeks to provide more consistent mechanisms across service, civilian and overseas investigations. The bill also strengthens consideration of victim impact in serious violent and sexual offence matters to ensure service tribunals can take account of the broader effects of offending when determining sentences.
Importantly, schedule 1 also provides for serious service offences to be recorded on criminal records through disclosure to the Australian Criminal Intelligence Commission and removes outdated and stigmatising language from the Defence Force Discipline Act. Schedule 2 implements recommendation 34 and introduces greater transparency within military justice proceedings.
Under these reforms, convictions and sentencing decisions by superior tribunals must be accompanied by reasons. Sentencing responsibilities are modernised, court martial processes are updated, military justice administration is streamlined, and the role of judge advocates in legal decision-making is strengthened in a manner more consistent with contemporary legal practice.
Schedule 3 addresses mental health provisions within the military justice system. These reforms recognise that mental health conditions may affect an individual's capacity to participate in proceedings, even when they do not meet the threshold of legal incapacity. The bill introduces powers permitting adjournment or the dismissal of charges in certain circumstances involving mental impairment.
It also establishes a framework for defence mental health tribunals to deal with situations where a member may be unfit to plead. The coalition supports the principle that military justice systems should be capable of responding appropriately and compassionately to mental health issues while maintaining procedural fairness and good order and discipline. Schedule 4 seeks to reduce complexity and delays by streamlining summary disciplinary arrangements.
The royal commission identified inefficiencies in the existing framework. The simplification of processes can contribute to a more efficient and responsive discipline system. Schedule 5 contains 16 parts dealing with a range of other amendments.
These include updating evidentiary rules, aligning the grounds for the termination of judicial officers, strengthening review processes, modernising the powers of investigating officers and introducing removal orders for intimate images. It also enables the provision of evidence by video link, provides for victim impact statements and allows for the extinguishment of historical homosexual service convictions that would not be offences today.
These measures seek to improve the coherence of the system and align the Defence Force Discipline Act with contemporary Australian law and practice. Schedule 5 also allows the minister for defence to issue guidelines to the Director of Military Prosecutions. This provision is modelled on section 8 of the Director of Public Prosecutions Act 1983, which provides the Attorney-General with the power to issue directions and guidelines to the Commonwealth Director of Public Prosecutions.
This schedule also makes amendments to vest all statutory disciplinary powers in the CDF, rather than in the CDF and the service chiefs, allowing the CDF to delegate those powers to service chiefs and other ADF officers at or above the rank of commodore, brigadier or air commodore. The remaining schedules establish transitional rule-making power to provide for the transition between the existing discipline system and the new legislative framework.
The coalition recognises the broader purpose of this legislation and the importance of progressing reforms that respond to the findings of the royal commission. They demand action, and the implementation of the royal commission's recommendations represents an important and overdue step towards addressing systemic shortcomings, strengthening accountability and improving outcomes for defence personnel and veterans.
The coalition will be proposing some amendments that we believe will improve the bill's implementation, including by enabling parliamentary oversight of the new powers of the minister for defence to direct the Director of Military Prosecutions. I'd like to recognise the diligent work by my colleague Senator Jess Collins during the committee process and in initiating these amendments.
We will continue to scrutinise the implementation of these reforms closely. We'll engage constructively with stakeholders, we will monitor the operation of this legislation, and we will hold the government accountable for delivering the reforms to genuinely improve outcomes for those who serve. But, having considered the bill in its entirety, the coalition have determined that ADF members, veterans and the veteran community are best served by our supporting its passage.
Legislation alone will not solve every challenge identified by the royal commission. No single reform can. However, this bill represents an important contribution to the broader reform effort and provides a foundation upon which further improvements can be built.
Our ADF personnel deserve a military justice system that is fair, transparent and effective. Our veterans deserve confidence that the lessons learned from the royal commission and the agreed recommendations will be acted upon. And the Australian people deserve assurance that those who serve our nation will receive the support, respect and protection that they've earned through their service and sacrifice for our country.