Rob Mitchell (McEwen, Australian Labor Party) Share this | Hansard source

I rise in support of the government's Military Justice (Interim Measures) Amendment Bill 2011, which will provide for the appointment, remuneration and other entitlements of statutory office holders, namely the Chief Judge Advocate and two judge advocates, each of whom are full-time members of the Australian Defence Force. This bill will ensure that these appointments continue beyond two years, as in schedule 3 of the act, as the current fixed tenure is due to expire in September. These are interim measures for the establishment of a new Australian Military Court. The Minister for Defence and the Attorney-General have directed that further policy work is to be undertaken into the proposed interface between the Military Court of Australia and the residual court martial system.

The amendment will extend the appointments until the Military Court of Australia is introduced and the new model is implemented. The new court will replace the interim measures put in place last year following the High Court's decision in Lane v Morrison, which invalidated the Australian Military Court. In the Lane v Morrison case the High Court determined that Colonel Peter Morrison, a military judge, could not proceed with trying charges against Mr Brian Lane, a former member of the Royal Australian Navy, because the legislation that established the Australian Military Court in which the charges were to be heard was constitutionally invalid.

The High Court found unanimously that the provisions of the Defence Force Discipline Act 1982 establishing the Australian Military Court were invalid because the Military Court purported to exercise the judicial power of the Commonwealth but did not meet the requirements of a chapter III court under the Constitution. Chapter III of the Constitution ensures judicial independence from the executive and the legislature by providing that federal judges have tenure until they reach a fixed age of no more than 70, and that they can only be removed for proved misbehaviour or incapacity following a request from both houses of parliament to the Governor-General.

Following this case, this government has announced it will take the measures necessary to establish and strengthen the Military Court of Australia. It has in the meantime put in place interim arrangements to ensure that our military justice system continues. The Military Justice (Interim Measures) Act (No. 1) 2009 has been introduced to sustain the military justice system. The Military Justice (Interim Measures Amendment) Bill 2011 has been developed to continue these appointments, remuneration and entitlement arrangements for the Chief Judge Advocate and the two full-time judge advocates, each of whom are full-time members of the Australian Defence Force. This legislation will establish a permanent, effective and constitutionally sound system of military justice for Australia's defence forces. Unfortunately, when the coalition set up the Australian Military Court without implementing legisl­ation that aligns with chapter III of the Constitution, it resulted in a ruling in a case in 2009 that the court was unconstitutional. The Labor government has since introduced legislation to establish a fully independent court, the Military Court of Australia.

I want to congratulate the Minister for Defence, Stephen Smith, and the Attorney-General, Robert McClelland, for the hard work they are doing to ensure that our military justice system is strengthened through the establishment of a new bill that will create a military court that is constitutionally fitting. The Gillard Labor government is continuing to keep Australia safe and to strengthen our military and Defence Force systems, in turn countering threats at home and keeping our defence and security forces strong. There can be no greater responsibility for government than the defence of Australia and Australia's interests. The Labor government has ended the decade-long gap in strategic analysis and defence reform to create a smarter, stronger and more adaptable system and an organisation that can defend Australia, our people and our interests. This bill is further proof of the commitment to the ongoing reforms.

In my electorate, I am fortunate to have many of Australia's Defence Force personnel based at Puckapunyal and the Monegeetta Proving Ground Complex, which is why I am so passionate about continuing the support for our defence and military justice system and will wholeheartedly support this bill. A couple of weeks ago at the Puckapunyal Army barracks I attended the dedication of the Australian Defence Force's Puckapunyal memorial chapel. The chapel was completed on 31 January this year and provides a nondenominational facility cond­ucting services and community activities for the soldiers and families within the Puckapunyal community. Sadly, however, it has been used as the venue for a number of memorial services for fallen soldiers. It is an important part of the Tobruk Barracks in Puckapunyal.

I am pleased to have this opportunity to speak on this bill so I can talk about the importance of strengthening our military justice system and supporting our Defence Force community, such as that in the heart of my community of Puckapunyal. Our Puckapunyal units play a big role in enhancing Australia's Army capability. The Puckapunyal Military Area is one of the largest training areas for soldiers in Australia and it is a world-class facility that plays a vital role in preparing soldiers for combat, including our troops in Afghanistan. It covers some 44,000 hectares of undulating box ironbark forest and grassland and is one of the Defence Force's most heavily used training facilities. It has had new facilities built and others upgraded.

The Macedon Ranges is the home to the Monegeetta Proving Ground Complex in my electorate and it is renowned for its vehicle proving and test capabilities. In November last year I was joined by the Minister for Defence Materiel, Jason Clare, to open the $35 million expansion of the complex. We were given the opportunity to tour and inspect the latest equipment to be used by Australian troops in battle that is put to the test at these new facilities. It is all about making sure that our troops have the right equipment to do their job. As we all know, our troops rely on this equipment in battle. The equipment needs to be battle ready and safe, which is why it is crucial that we test it thoroughly before we put it in their hands.

The Monegeetta Proving Ground Com­plex tests equipment before it is manuf­actured to ensure it does the job it is supposed to do in the conditions faced by our troops; ensures electrical equipment and power generators and batteries will work in any weather; tests vehicles to measure handling and stability on any terrain; and uses thermal imagery testing to measure how equipment performs at night and in other low-light conditions. Equipment is subjected here to the same kinds of conditions our troops face on operations, including rugged terrain, extreme weather and night operations.

The complex consolidates the two existing test facilities, one at Maribyrnong and the existing facilities at Monegeetta, into the state-of-the-art precinct. The $35 million expansion of the Monegeetta complex includes all-weather testing chambers, a new enclosed weapons facility and a bigger heavy vibration testing facility. This site was also a fantastic investment for the local economy, with the Gillard government's funding and commitment translating to more than 50 full-time jobs in the Macedon Ranges.

In May 2009, the government released the most comprehensive Defence white paper ever produced by an Australian government. This blueprint will create one of the most flexible and versatile defence forces in the world and deliver around 100 Joint Strike Fighter aircraft, 12 new submarines, eight maritime patrol aircraft, up to seven unman­ned maritime surveillance aircraft and eight new Future Frigates. We have also delivered the first Defence capability plan since 2006, which set out over $60 billion of investment in defence equipment

The government is providing more funding for defence than ever before. We have given a commitment to grow the Defence budget by about three per cent average in real annual growth until 2018, providing long-term planning and certainty for defence. We have provided additional funding for health care, including $83 million for mental health reforms and $62 million for an ADF family healthcare trial. The government has significantly upgraded our cybersecurity capabilities in defence, with the opening of the Cyber Security Operations Centre in the Defence Signals Directorate.

Australia's military justice system underpins discipline and command struc­tures, and it is crucial to operational effectiveness, maintaining command and retaining our people and reputation. It is critically important for the men and women of the ADF that they have access to an effective military justice system. An efficient and fair military justice system is a key foundation for the excellent service discipline that places the ADF amongst the world's best militaries. While we move to a permanent solution for the military justice system that is in line with chapter III of the Constitution, I support this bill and wish it a speedy passage.

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