Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026

Senator BLYTH (South Australia) (11:00): I rise to speak today on the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026 bill. As foreshadowed, the coalition is supporting this bill. The bill will amend the minister's power to issue guidelines and directions to the Director of Military Prosecutions and on the engagement of civilian contractors.

It seeks to reduce the harm and suicide risk for members engaged in the military justice system, ensure fairness for Defence Force personnel involved in military justice proceedings and align military discipline proceedings with community expectations of the basic fairness and transparency found in the civilian justice system. I rise today as the wife of a war veteran.

My husband was deployed to Iraq. So I think these types of things are just so important. The coalition believe that we have a responsibility to care for the physical and mental wounds of our Defence Force personnel, of our veterans past and present and of future generations still to come.

This bill will provide the necessary framework to implement recommendations 18, 20, 23, 34 and 63 of the royal commission. The royal commission was established by a former coalition government in 2021. The royal commission was established after the coalition listened to community calls for a national inquiry focusing on the systemic issues faced by Defence Force members and veterans that could result in suicide.

I will take the liberty here of mentioning that the coalition is very happy that the Labor government have walked back their $5,000 cap on allied health services this morning. That cap was going to have a huge impact on the mental health and wellbeing of veterans right across the country. The cap should never have been put in place in the first place.

It is such a shame that so many veterans had to come here to Canberra to fight their own government for the care they deserved. Many of these veterans were injured in service to our country, and the least we as a nation can do is give them the care they need to heal from and live with those wounds that were inflicted upon them in service to us. The coalition, in establishing the royal commission, stated that its aim was to shed light on the critical steps needed to reduce the heartbreaking cases of suicide.

We said this because we have seen far too many of our brave men and women who serve, and have served, this nation with pride succumb to the battle with the invisible wounds of their service. In fulfilling this mandate, the royal commission identified serious issues that demand a considered and constructive response. It's clear from the findings that we must do better by those who defend us, our families and our very way of life.

As parliamentarians, we have an obligation to our Defence Force and we have an obligation to our veteran community to ensure that issues identified by the royal commission are acknowledged and that the necessary action is taken. This is exactly what the coalition has been doing. Last year, the coalition supported the legislation to establish the Defence and Veterans' Service Commission, which was recommendation 122 of the royal commission.

In doing so, we listened to the serious concern raised by veteran advocates on Labor's last-minute legislation for the commission. We engaged with key advocacy groups to understand the impacts of Labor's approach, including the Families of Veterans Guild, the Australian Peacekeeper and Peacemaker Veterans' Association and the Australian Federation of Totally and Permanently Incapacitated Ex Servicemen and Women.

At the last election, the coalition committed to implementing the agreed response to the royal commission, delivering better outcomes for men and women currently in the ADF and our veterans, and brought a comprehensive policy to the election. We remain committed to addressing the unacceptably high rates of suicide amongst our Defence Force and veteran communities.

As stated, this bill amends the minister's power to issue guidelines and directions to the Director of Military Prosecutions. Our military justice system is the integral framework that underpins military discipline and command, and the coalition has a long history of actively reforming military discipline in Australia. The former coalition government introduced reforms to modernise the Defence Force Discipline Act, streamlining the handling of minor disciplinary matters and strengthening Defence's response to cyberbullying, sending a clear message that bullying, harassment and unacceptable behaviour have no place anywhere within the Australian Defence Force.

Any change to our military justice system must strengthen accountability, protect personnel and the defence community and support the ongoing integrity of the Defence Force. The coalition understands that delays in resolving violations of military discipline adversely affect the morale, the welfare and the operational effectiveness of our defence forces. Prolonged uncertainty undermines confidence and places strain on serving personnel that can affect unit cohesion, trust and command authority.

Unresolved disciplinary matters may also have implications for the safety and wellbeing of defence personnel and the defence community. This is especially so when misconduct is serious in nature or impacts operational environments. A fair, effective and timely military system is essential in protecting personnel, maintaining discipline and ensuring the Defence Force remains capable, professional and, importantly, mission ready.

Our service men and women deserve nothing less. The minister has stated that this bill represents one of the most significant reforms to Australia's military discipline framework in decades, and that's why the coalition referred this legislation to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry. While the coalition supports this bill in general, we have raised concerns with parts of this legislation.

Firstly, recommendation 18 of the royal commission advocated for strengthening of workplace protections during sexual misconduct investigations. The legislation before us goes beyond that recommendation. The government has not adequately demonstrated why this bill goes beyond the royal commission recommendation.

This is why the coalition senators on the Foreign Affairs, Defence and Trade Legislation Committee recommended the Australian government better justify its deviation from the royal commission. Secondly, we are concerned that key elements in this bill, such as the access to members' medical records, will be dealt with in regulations. Implementing the Defence Mental Health Tribunal framework through primary legislation would provide a more rigorous review in the context of members' rights to privacy, agency over their own judicial process and confidence that they will be fairly treated.

While the coalition continues to hold concerns about several provisions contained within this bill, we recognise the broader objective it seeks to achieve and the importance of advancing reforms that respond to the findings of the royal commission. After considering the bill as a whole, the coalition has determined that our veterans and Defence Force personnel are best served by supporting its passage.

Implementing the recommendations from the royal commission is a critical and long-overdue step towards addressing systemic shortcomings, strengthening public confidence and improving outcomes for those who rely on these services. While legislation alone will not resolve every challenge, this bill represents an important contribution to the reform process and provides a foundation upon which further improvements can be built.

There is still significant work ahead to ensure these reforms are implemented effectively, efficiently and in a manner that delivers tangible benefits on the ground. The coalition will continue to engage constructively with stakeholders, monitor the operation of these reforms and hold the government to account for their delivery. The men and women of the Defence Force serve our nation with honour and bravery, with more than half a million Australians having served or currently serving.

Indeed, the Australian way of life that we enjoy today has been secured through the enduring service, courage and sacrifice of the men and women in uniform who have defended our nation. Through armed conflict, natural disaster and peacekeeping missions, members of the ADF have consistently served with professionalism and distinction. In doing so, our ADF personnel have provided vital support to communities in need, contributed to international security and upheld Australia's responsibilities at home and abroad.

Accordingly, in recognition of their service and sacrifice, it is incumbent upon us to ensure that Defence Force members and veterans are treated with respect and dignity and receive appropriate support. This bill implements five of the 122 recommendations from the Royal Commission into Defence and Veteran Suicide. One of the recommendations not made by this royal commission was to establish a $5,000 cap on veterans' allied health care.

This point is often lost on those opposite, who tried to put this cap in place to save $748 million in their budget. Because Labor couldn't control their own budget and their own spending, they came after our hardworking service personnel and our veterans who served this nation with dignity and with bravery. Labor came after them for a tax cap.

As I said earlier, the coalition is happy to see that Labor have walked back that cap, but these brave men and women should never have had to come to Canberra. They should never have had to fight their own government to receive the care and the services that they need. How we treat those who serve and protect us is the mark of us as a nation, and it was disgusting that this Labor government put a cap on what services and health care they could receive after serving Australia, keeping us all safe and protecting our very way of life.

I was pleased to stand with those veterans as they came here and brought their fight to Canberra, a fight that they never should have had. As I've said, the coalition will be supporting this bill. We do raise those concerns, but we don't want to stand in the way of making sure that veterans have the services that they need.