Defence Legislation Amendment (RCDVS Implementation and Related Measures No. 2) Bill 2026
Senator DEAN SMITH (Western Australia) (12:22): I rise today to speak on behalf of the coalition on the Defence Legislation Amendment (RCDVS Implementation and Related Measures No. 2) Bill 2026 and put on record the coalition's support for this bill and its objectives. This legislation is not merely a collection of administrative adjustments or technical tweaks.
It represents a significant legislative response to the findings of the Royal Commission into Defence and Veteran Suicide, a royal commission established by the former coalition government. Every senator in this place carries a heavy responsibility to ensure that those who wear the uniform and those who have worn it receive the support, care and respect their service deserves.
We also carry a duty to the families who stand beside them sharing the unique burdens of service life. The coalition recognises the profound importance of these reforms. This bill directly implements 15 recommendations of the royal commission, with a further 20 recommendations supported through its provisions.
Its objectives to strengthen the health, wellbeing and safety of our personnel are objectives that the coalition wholeheartedly shares. For these reasons, the coalition will support this bill in the Senate today. We approach this debate in a spirit of constructive engagement, acknowledging the valuable work of ex-service organisations, advocates and families who have fought for these changes.
However, our support is cautious. It is support predicated on the requirement that these reforms deliver genuine, tangible improvements rather than simply adding more layers of administrative complexity to a system that many service personnel and veterans already find difficult to navigate. We must ensure that this legislation is effective, proportionate and capable of delivering the improvements that are needed, recommended and promised.
The measures contained in this bill are intended to place a greater emphasis on the support of our defence personnel and veterans across both the Department of Defence and the Department of Veterans' Affairs. The royal commission was clear. For too long, the systems designed to support our people have been fragmented.
This has resulted in fragmented information systems, resulting in administrative delays, delays in support and, most tragically, missed opportunities to identify and assist those at high risk of suicide or self-harm. By improving coordination between agencies and strengthening access to support services, this bill aims to ensure that the wellbeing of defence members and veterans and their families remains central to service delivery.
In regard to schedule 1 on addressing fragmented information systems, schedule 1 establishes a new legislative framework to support health and safety by breaking down fragmented information systems, it expands the functions of the Repatriation Commission to include wellbeing and transition support and it creates a framework allowing Defence, the DVA and other entities to share information for defined purposes.
The intent here is understandable and, in principle, supported by the coalition. We recognise the value of reducing administrative burdens and barriers between agencies to allow for earlier intervention for vulnerable individuals and better integrated service delivery. The bill's support for the Veteran and Family Wellbeing Agency and the National Veterans' Data Asset is particularly important as these will enhance our research capabilities and further deepen our understanding of suicide risk factors.
In particular, the coalition supports the goal of enabling the earlier transfer of information from Defence to DVA. If this leads to reduced delays in claims processing and ensures veterans receive assistance at their earliest possible opportunity, then we believe that it is a significant and positive step forward. However, we must always remain vigilant.
The collection and sharing of sensitive personal information and data relating to health service delivery and personal circumstances is a matter of the highest gravity. Defence personnel and their families rightly expect that this information will be handled with the highest degree of care and security. While the bill includes requirements for ministerial guidelines and the de-identification of information where practicable, these safeguards require ongoing and rigorous scrutiny.
We must ensure that any expansion of information-sharing powers is accompanied by robust protections, clear limitations on use and strong accountability mechanisms. While better data can drive better outcomes, it must not be achieved by placing sensitive information at greater risk of misuse, exposure or unauthorised access. The coalition will closely scrutinise the ministerial guidelines that will help protect this information.
In regard to schedule 2 on modernising Defence health, schedule 2 turns to the Defence health system, seeking to modernise its legislative framework. The Defence health system occupies a unique and often difficult position. Unlike civilian services, it must provide individual care while simultaneously supporting operational readiness and assessing an individual's fitness for service.
The royal commission found that existing legislative frameworks have not evolved in step with modern clinical practice in relation to mental health care, clinical governance and the management of health information. The coalition supports the establishment of a clearer statutory framework that clarifies the roles within the system and provides authority for the collection of health information for monitoring and quality assurance.
We welcome the alignment of Defence health governance with nationally recognised clinical governance standards. This has the potential to improve transparency and ensure that our personnel have access to high-quality care that meets contemporary expectations. Providing legal protections for practitioners participating in quality assurance similar to those in civilian systems is also a sensible and necessary step.
But, once again, a balance must be struck. While Defence has a legitimate need to access health information to support readiness and safety, we must ensure that the privacy rights of personnel are not unnecessarily eroded. The success of these health reforms will not be measured by the creation of new statutory frameworks but by whether they result in earlier intervention, improved continuity of care and better health outcomes.
In regard to schedule 3 on supporting families, the coalition believes schedule 3 is a critical component of this bill as it recognises that families are the backbone of our Defence community. We know that there is a profound connection between family circumstances, relationship breakdown and an elevated risk of suicide and self-harm. Behind every serving member is often a family sharing the burdens of service—the frequent relocations, the prolonged absences and the immense pressures of operational deployments.
We support measures that improve communication between Defence and families, ensuring they are better informed about the supports available to them. Most importantly, this schedule addresses the harrowing reality of family and domestic violence. It ensures that former partners are not excluded from support services simply because their relationship with a serving member has ended.
Facilitating access to assistance for safe separation and improving the safety of victims-survivors are objectives the coalition strongly endorses. However, in the sensitive context of a relationship breakdown, the need for stringent privacy protections is paramount. Families must have confidence that their information is handled appropriately, and we'll be looking closely at the safeguards governing these specific information sharing provisions.
With regard to schedule 4, integrity and service requirements, the schedule focuses on the standards of those who serve, establishing a more structured framework for service eligibility and separation. The coalition firmly believes that those entrusted with our national security must uphold the highest standards of conduct. Public confidence in the Australian Defence Force depends on maintaining a professional, disciplined and trusted military force.
We strongly support the principle that individuals convicted and imprisoned for serious violent or sexual offences should be automatically removed from the ADF and ineligible to return. Such conduct is fundamentally incompatible with the leadership and responsibility associated with military service. These reforms create a more coherent and consistent framework for defence personnel and decision-makers, offering greater clarity and certainty around the processes and standards that apply across a member's service.
By more clearly defining legislative requirements and decision-making criteria, they reduce the likelihood of inconsistent, subjective or ad hoc outcomes and support a more transparent and accountable approach throughout Defence. Importantly, the reforms ensure that decisions regarding entry into service, ongoing suitability and separation are grounded in clear principles, fairness and appropriate oversight.
In doing so, they enhance confidence in Defence personnel management processes and ensure decisions align with contemporary expectations of integrity, accountability and sound governance. With regard to schedule 5, the importance of independent oversight, the schedule contains amendments to support the independence and effectiveness of the Defence and Veterans' Service Commission.
Independent oversight is not just an administrative hurdle. It is essential for driving lasting change and ensuring that governments remain accountable for delivering meaningful reform. Effective oversight will be the key to ensuring that the lessons of the royal commission are translated into lasting systemic improvements.
In conclusion, while the coalition supports the objectives of this bill, we are mindful of the history of reform in this area. For too many, the system has been a source of frustration rather than support. We must be vigilant to ensure that these reforms do not simply result in further layers of administration.
The true measure of this legislation will not be the number of new frameworks created or the breadth of its provisions. It will be the lived experience of ADF personnel, veterans and their families. Will they experience faster claims processing?
Will access to services and supports be improved? Will we see earlier and more effective intervention for those at risk? These are some of the metrics by which this parliament and future governments will be judged.
We owe it to our service community to ensure that the legislative framework reflects and supports the purpose it is intended to achieve. We look forward to engaging constructively throughout that process to ensure the legislation is fit for purpose. This bill is a significant step in our national response to the royal commission, a royal commission established, as I said earlier, by the former coalition government.
We will support this bill's progression during the course of the Senate's debate. We owe a debt of gratitude to our ADF members, our veterans and their families, and we must always ensure that the systems of support are worthy of their sacrifice. The coalition remains committed to that goal, to supporting the health and wellbeing of those who serve and to supporting those who have served in the past and their families.