Defence Amendment (Sexual Assault Prevention, Intervention and Response Commission) Bill 2025

Senator GREEN (Queensland—Assistant Minister for Tourism, Assistant Minister for Pacific Island Affairs and Assistant Minister for Northern Australia) (09:51): It's not surprising that every speech following Senator Lambie's has started with an acknowledgement of her work, thanking her for bringing this legislation forward and for the work that she does. That really goes without saying.

But I think that all of us who know Jacqui well enough will probably hear her voice in our heads saying, 'Stop thanking me and get on with it, get on with doing the work.' That's why we acknowledge you, Senator Lambie. You are bringing this forward not for your own personal gain but to assist people and to bring about institutional reform that is long overdue and required on behalf of people who don't have a voice in this chamber.

I want to thank you for raising those voices, for having those voices be heard and for making sure that we act on those voices. That is the most important thing that this Senate can do. What the royal commission found was a systematic issue in Defence, which we know is historical but can be and will be ended by the actions of this parliament through reform.

The government acknowledges the profound and enduring impact that military sexual violence can have on ADF members, veterans and their families. I'm sure that everyone who is familiar with this topic would be aware of those really harrowing stories of victims, people we know in our own lives, who've come forward to tell us how difficult their lives were after they did what they thought was the right thing and actually reported the incident.

They were seeking justice and they were seeking safety at a very basic level. Instead, they became victims twice over. That is not acceptable.

Sexual violence has no place in Defence, and the government remains committed to preventing harm, supporting victim-survivors and ensuring that perpetrators are held to account. I first acknowledge and thank you, Senator Lambie, for the contribution you made this morning and for the indication and the advice that you've given the government that you are willing to work with us on this.

I know the minister is very grateful for that. We know that you will keep him on his toes, and he expects that as well, but we know that there is a little bit more work to do around getting this right and making sure that when we do have a system that is in place it serves the purposes that we all desire: that victims are not retraumatised and that they are able to access that justice.

There has been some commentary this morning around some of the work that the government is doing, and I thank colleagues who have acknowledged the good work that the Minister for Veterans' Affairs is doing to progress the recommendations of the royal commission. It is incredibly important and the main focus of the minister, or the dogged determination that he has, is to ensure that all the recommendations of the royal commission are delivered.

That includes the work around sexual violence. We are working constructively with Senator Lambie to explore solutions that support the government's broader reform agenda in regard to the response to military sexual violence, and this work will build on significant reforms already under way. The government notes recommendations to Defence to consider evidence and issues raised through inquiry to inform its reform agenda and to address sexual violence in the Australian Defence Force.

I acknowledge the work of the Senate inquiry into this bill, and the ongoing work of the Foreign Affairs, Defence and Trade Legislation Committee in prosecuting these issues and holding Defence to account. I've been a member of that committee, and it is a very important role that the Senate plays to hold Defence accountable. I'm sure that that will continue.

There was a very constructive and collaborative approach to this particular inquiry into this particular bill, with some advice and recommendations coming out of it that we are considering and that we will look at as a way of strengthening some of the work that's happening, improving the current legislation in front of us, and meeting the goals of both the government and Senator Lambie to ensure that this work continues, that it is delivered, and that ADF personnel have an environment where they can be confident that if they are the victims of sexual violence they will be heard and listened to and protected.

I need to make it clear that all Defence personnel have a right to be respected and deserve to have a safe and positive workplace experience in the ADF. Those individuals that have found to be engaged in sexual offences can presume to no longer have a job in the ADF. That is something that we should say emphatically in this place, and we should be holding Defence to that very high standard.

Defence has implemented strong legal and policy amendments following the royal commission, and there is more work that the government is doing. In particular, the inquiry that was referred to in previous contributions, which the government is working closely with others on, is about making sure that we can improve outcomes for victim-survivors. The independent inquiry into military sexual violence in the Australian Defence Force, which will be conducted by the deputy commissioner, is afoot at the moment.

The inquiry will identify gaps and opportunities to make recommendations to improve workplace protections for victim-survivors of military sexual violence and ensure perpetrators are held to account, while advancing a victim-survivor-centric approach in applying these principles. I take on board the criticism or the concerns that Senator Lambie and, I'm sure, members of the Defence community have about that inquiry, and I can reassure Senator Lambie that those issues she has raised today will certainly be taken note of.

I think we can all agree that the guiding principles of any type of inquiry like this should be, firstly, that women shouldn't have to retell their stories. We've had a lot of inquiries and a lot of occasions where women have had to tell their stories over and over again, and we want to make sure that there is no retraumatisation through this inquiry. One of the things that have been noted is the amount of investigation and inquiry into this type of conduct that there has been, I think, going back to 2013.

So I think a guiding principle for that inquiry should be that the previous recommendations and work of other inquiries are really the starting point of that work. We don't need another inquiry to start from scratch. What we need is a pathway forward to deliver on this work, and we need to make sure that, when the inquiry has finished its work, the recommendations that are delivered to government are implemented.

That is what the minister is working towards in collaboration with other senators, particularly Senator Lambie. We know that there's more work to do to eliminate sexual violence, and we welcome all opportunities to consider how best to respond to this critically. It is really important to recognise the work that the minister has been doing in implementing the reforms of the royal commission, and I do want to just put those on the record, because I know there are people who are listening who are victim-survivors themselves and who would be wanting to know that there is work underway.

The implementations that have been progressed already include legislation being passed to enhance the military justice system. That includes a provision enabling commanders to suspend members who are under investigation by civilian police; mandatory consideration of rank disparity as an aggravating factor in sentencing; making specific provisions for victim impact statements for victims of sexual offending; work around removal orders and specific protections for sexual violence victims during superior tribunal proceedings; provisions for applications for protection of evidence procedures for victims during sexual offence proceedings; and procedures relating to giving victim impact statements during superior tribunal proceedings.

The act introduces a new disciplinary infringement, contravention and service offence of harassment, something that hasn't been in place before. Of course, we acknowledge that statistically women are predominantly the victims of sexual violence, not just in the Defence Force but in our society, but we do recognise the harassment and sexual violence towards some men in the military as well, and this new service offence of harassment is very important to protect those people.

We've also passed the Defence Legislation Amendment (RCDVS Implementation and Related Measures No. 2) Act 2026 to preclude people imprisoned for sexual offences from serving in the ADF and automatically end the service of any ADF member who is sentenced to a period of imprisonment by an Australian court. This includes imprisonment for sexual violence related offences but also applies to any other offence that results in a custodial sentence, including suspended sentences.

We've updated Defence regulations to make it mandatory for Defence to issue involuntary separation notices to ADF members who've been found to engage in sexual violence, and of course this work continues. We are updating the Respect@Work guidance, introducing mandatory sexual prevention training for ADF personnel, and updating guidance for managers and commanders for preventing and responding to sexual violence through complaints and alternative resolutions.

Of course, as I've said at the beginning, there is more work to do, and it is very gracious of you, Senator Lambie, to offer to continue to work with the government, especially given that I think there is a majority of support for this bill around the table. But I think we can agree that getting this right the first time is the most important thing to do. We know how important it is to get this done as soon as possible but also to make sure that, when it is delivered, it is meaningful and we don't just have reform for the sake of reform, a press release for the sake of a press release or another opportunity for people to consider legislative reform.

We need to make sure that it is meaningful. I just finish with this. I am conscious that we won't go to a vote today, but I do want to say, on a personal note: Senator Lambie, thank you for the work that you've done.

There are many people who are supporting the minister and ensuring he delivers on this work, and he is committed to doing that. You have a lot of support around the chamber from both sides—and I acknowledge the work of Senator Collins—particularly on this. This is when the Senate is at its best: when we get things done, as I said at the beginning.

I'm sure that all the thanks that are directed your way are very nice but that you would prefer if we were to actually deliver on these reforms. Women should be believed. Victims should be believed.

But that is not enough. It won't surprise you to hear that I've been a victim of sexual assault myself. I've sat in a police station where they've said, 'We believe you, but we don't think there's anything that we can do to help you get justice for this action.' So many women experience that.

That's because we tell women to come forward, we tell women that this is wrong and we tell women that there is help available. But, when they get to the point where the system doesn't work for them, it actually makes the situation worse. I've done a lot of work on consent law in this place and improving justice for women in the justice system.

I will continue to do that with you. I don't think that it is acceptable in this day and age, after all the inquiries and all the evidence that's come forward, for us to say to any woman in the Defence Force, 'Thank you for your service, but the system failed you.' We commit that to you. Senator Lambie.

I thank you, and I thank the Senate. Debate adjourned.