Defence Amendment (Sexual Assault Prevention, Intervention and Response Commission) Bill 2025
Senator BLYTH (South Australia) (09:16): 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)