Graham Perrett (Moreton, Australian Labor Party) Share this | Hansard source

Intelligent command is definitely the modern Australian ADF way—very, very focused on looking after their troops in every way possible. That command relationship is fundamentally based on respect, but obviously you do need the military process as well.

The High Court said in that case of Lane and Morrison:

… what the AMC is to do is to exercise the judicial power of the Commonwealth otherwise than in accordance with Ch III. The AMC cannot validly exercise the judicial power of the Commonwealth.

Consequent to the High Court decision, an interim superior tribunal was reintroduced in 2009. The Chief Judge Advocate and the full-time judge advocate appointments have been further extended in 2011 and 2013. It is necessary to again extend those appointments, and this bill extends them for a further two-year period. In order to continue the effective operation of the superior tribunal system, the appointment arrangements need to be preserved.

The amendments contained in this bill are necessary to ensure the continued effective operation of the military justice system, a system which is vital to the maintaining of an effective Defence Force. As the world recognises, our Defence Force is easily one of the most respected defence forces around the planet. Australia is proud of its Defence Force, both Defence Force personnel who are currently serving and those whom we are commemorating in the Anzac Day events, but I particularly note those who have previously served and taken off the uniform more recently. It is important that we ensure that the systems we have in place to protect and support our Defence Force service personnel are adequately empowered. I commend this bill to the House.

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