David Feeney (Batman, Australian Labor Party, Shadow Minister for Justice) Share this | Hansard source

I rise today to speak on Labor's support for the Defence Legislation Amendment (Military Justice Enhancements—Inspector-General ADF) Bill 2014. This bill continues the bipartisan approach to reforming the military justice system that has been pursued by successive governments and that has continually marked this debate, to our collective credit. It entrenches the independence of the inspector-general by separating that position from the military chain of command. It thereby enables the inspector-general to investigate a broad range of matters as requested by the minister.

This bill intends to amend defence legislation in order to enhance the independence, expand the investigative options and enshrine the safeguards in relation to the role of the Inspector-General of the Australian Defence Force. It amends the Defence Act 1903 and will make clear the emphasis on transparency, predictability and accountability in decision making affecting members of the Australian Defence Force.

The explanatory memorandum makes plain six features of this bill, which I would now seek to highlight. Firstly, the bill makes clear that the Inspector-General of the Australian Defence Force mechanism for internal audit and review of the military justice system is independent of the ordinary chain of command.

Secondly, it provides for the Minister for Defence to direct the inspector-general to investigate or inquire into a matter concerning the Defence Force.

Thirdly, it makes it plain that the inspector-general may be prescribed investigative functions that relate to a member's service in the Defence Force other than the military justice system.

Fourthly, it makes it clear that regulations can be made or prescribed that abrogate the privilege against self-incrimination for witnesses appearing before the Inspector-General of the Australian Defence Force or, indeed, inquiry officers appointed by the inspector-general, as is the case for boards of inquiry and other types of inquiry. The legislation ensures that testimony given by a witness under any such regulations attracts a statutory bar on it being used against the witness giving it, except in proceedings relating to the giving of false evidence to an inquiry.

Fifthly, the bill requires the Inspector-General of the Australian Defence Force to prepare an annual report relating to the operations of the inspector-general, and for that report to be duly tabled in parliament.

Lastly, the bill strengthens the independence of the inspector-general by making it clear that where the inspector-general is directed to conduct an inquiry or investigation by the Chief of the Defence Force, the inspector-general may cease the inquiry or investigation if the inspector-general forms a belief that the continuation of the inquiry or investigation is not otherwise warranted having regard to all the circumstances.

By separating the inspector-general from the military chain of command, the bill ensures that the inspector-general cannot be forced or ordered down an avenue that he or she considers inappropriate. This greater independence, and the strengthening of this independence, provides our Australian Defence Force with the ability to investigate failures or flaws in the military justice system and its administrative processes, as well as particular incidents or events, with greater confidence in the integrity, reliability and independence of the ensuing investigations. The transparency and accountability of the inspector-general will also be improved through the requirement for an annual report and for that report to be tabled in this parliament.

This bill, more generally, goes to the ever-evolving and more open culture of the Australian Defence Force. It is another step in the process of ongoing reform of our military justice and defence personnel administrative processes. Labor supports this bill and I commend it to the House.

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