Kevin Andrews (Menzies, Liberal Party, Minister for Defence) Share this | Hansard source

I present the explanatory memorandum to this bill and move:

That this bill be now read a second time.

The Defence Legislation Amendment (Military Justice Enhancements—Inspector-General ADF) Bill 2014 amends the Defence Act 1903 to provide transparency, predictability and accountability in decision making affecting Australian Defence Force members. It will do this by enhancing the independence of the Inspector-General of the Australian Defence Force and enabling regulatory reform of the Australian Defence Force's redress of grievance, investigation and inquiry practices.

Following detailed review of defence's system of inquiry, investigation, review and audit, the Australian Defence Force concluded its current arrangements for these processes are unnecessarily complex, inefficient and legalistic. I am conscious of the need to support commanders to make good decisions, not to impede or discourage them from doing so. The complexity and inflexibility of current arrangements do not provide that support. I am also conscious of the need for robust, professional, credible and independent oversight of the military justice system.

Finally, I am conscious of the need to ensure that complex and sensitive matters concerning the Defence Force, such as those events that come to my and the Chief of Defence Force's attention, including the death of ADF members related to, or arising from their service, can be subject to efficient and specialised internal inquiry and review.

Such inquiries currently enjoy provisions overriding the privilege against self-incrimination so that underlying causes can be ascertained—such as, for example, in the Sea King Board of Inquiry—and addressed to prevent recurrences. However, the abrogation of this privilege should not be capable of being abused to obtain evidence for the imposition of criminal sanctions against persons. Therefore the bill will prevent witness evidence obtained by the abrogation of the privilege against self-incrimination being used against that witness in service tribunals or civilian courts.

The bill:

These amendments to the Defence Act 1903 will facilitate regulatory reforms to:

The outcome of these reforms will be:

I commend the bill to the House.

Leave granted for second reading debate to continue immediately.

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