Christian Porter (Pearce, Liberal Party, Attorney-General) Share this | Hansard source

I move:

That this bill be now read a second time.

The government recognises the great sacrifices made by our serving and former Australian Defence Force (ADF) members and their families, on behalf of the Australian community.

As a government, we are totally committed to supporting our ADF members and veterans during their service, in transitioning from service, and in their lives beyond service.

The government has a 'towards zero' agenda on suicides nationally. We know that the rates of suicide amongst our Defence and veteran men and women are unacceptably high, with more than 400 deaths by suicide since 2001. These tragic deaths deeply impact the families, the Defence and veteran communities, and the wider Australian community.

The data shows that ex-serving men and women are particularly at risk—the age-adjusted rate of suicide over 2002 to 2017 was 18 per cent higher for ex-serving men than men in the broader Australian population, and 115 per cent (or 2.15 times) higher among ex-serving women compared to women in the broader population, noting the limited data available for women.

Addressing this is a key priority for the government.

That is why the Prime Minister, the Hon. Scott Morrison MP, announced on 5 February 2020 that a powerful new National Commissioner for Defence and Veteran Suicide Prevention will be established with a dedicated role to inquire into, and support the prevention of, ADF member and veteran deaths by suicide.

The national c ommissioner's inquiry powers

The framework of inquiry powers in this bill, including the accompanying offences for noncompliance, will enable full and genuine inquiries into the circumstances of both past and future ADF member or veteran deaths by suicide.

The national commissioner will have broad discretion to inquire into these tragic deaths, including issues arising during a person's service, their transition from service, the health and wellbeing support services that were available to them as a member and veteran, and any other matters the national commissioner considers relevant in the circumstances of each case.

The bill provides that the national commissioner will be an independent statutory office holder, appointed by the Governor-General, with inquiry powers which are broadly equivalent to those of a royal commission.

However, unlike a royal commission, the national commissioner will be an enduring institution, with the power to monitor the implementation of their recommendations into the future. The national commissioner will provide a report on their findings and recommendations to the parliament each year, as well as other reports they consider necessary. The government will be fully accountable, being required to report to the parliament on action taken in response to the national commissioner's reports.

This means that there will be a continuous voice to government, the parliament, and the public on these important issues, and that long-term solutions can be delivered.

The national commissioner's inquiry powers will include the ability to compel information, summons witnesses and convene public and private hearings. This includes compelling the production of information from the departments of defence and veterans' affairs.

Hearing from families and others affected by these deaths

The national commissioner will provide the opportunity for families, veterans, and other people who have been personally affected by an ADF member or veteran death by suicide, to share their story in a supported way. Their contributions will be critical to inform the national commissioner's work.

The bill provides that, as a guiding principle, the national commissioner should take a trauma informed and restorative approach in exercising their functions, and should recognise that families and others affected by a death by suicide have a unique contribution to make to the national commissioner's work.

To ensure transparency, the national commissioner's hearings will generally be open to the public. However, the bill will also allow for part or all of a hearing to be held in private, such as where personal and private information about a deceased person, or their family, friends or associates, may arise. This provides the flexibility for the commissioner to account for the wishes and interests of families and other parties who may seek to share their experiences in a more confidential setting.

Working with other bodies and referral mechanism s

The work of the national commissioner will complement the work of the Prime Minister's National Suicide Prevention Adviser. It will also complement the work of the new Veteran Family Advocate, who will work closely with the national commissioner, so that the national commissioner's recommendations can be rapidly translated into advice to government on policies and programs that better support veterans and their families.

The national commissioner will also work collaboratively with a range of other stakeholders to understand the full range of issues contributing to ADF member and veteran deaths by suicide. This includes state and territory coroners. The bill provides pathways for information sharing between the national commissioner and other bodies, to support their close collaboration.

In the event the national commissioner identifies potentially criminal or other improper conduct in the course of their work, they may refer these matters to police or prosecution bodies for independent investigation. This aligns with an equivalent referral process available to a royal commission.

Consultation process es

The government is committed to developing the legislation to establish the national commissioner in a consultative manner. The Attorney-General's Department will today commence a national public and stakeholder consultation process, to hear from the families of those affected by an ADF member or veteran death by suicide, the community and stakeholders about the design of the national commissioner's role.

The department will be receiving submissions on the bills for a four-week period until 24 September 2020. The submissions received during the consultation process will inform the ongoing refinement of the bill during its passage through the parliament.

Conclusion

Through these bills, the national commissioner will deliver genuine transparency, and uncover the factors and root causes contributing to ADF member and veteran deaths by suicide.

As with a royal commission, the national commissioner will have independence and powers necessary to recommend strategies to prevent future deaths of this kind, and to give voice to the families and other persons who have been affected by these tragic deaths. I commend the bill to the House.

Debate adjourned.

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