Marise Payne (NSW, Liberal Party) Share this | Hansard source

I rise to participate in this debate on the tabling of the first progress report on reforms to Australia’s military justice system by the Senate Foreign Affairs, Defence and Trade Legislation Committee. As other speakers have commented, this is an update on the committee’s substantive report tabled in June last year. It also provides me with an opportunity to acknowledge and thank my colleagues on both sides of the chamber for the comments they made at that time in relation to my involvement in the report. Many colleagues will know that it was a difficult time for me personally in my family. I was unable to be here when the report was tabled, and my colleagues were very supportive. I am very grateful for that.

The government’s response to the committee’s initial report last year was a very serious and thoughtful one made by the then minister, Robert Hill, and the ADF. One of the undertakings in that response was for the provision of six-monthly reports on progress of the implementation of reforms to the military justice system, and this is the first of these. We have a focused and specific Military Justice Implementation Team under the leadership of Rear Admiral Mark Bonser. I think all members of the committee would agree that that is a very effective way for the committee to communicate with the ADF on these issues and has provided the committee with a point of focus that is very useful.

The committee has been provided with a formal written update on progress of implementation of the recommendations. It is quite a comprehensive document which is found in the report at appendix 4. I, for one, have found that very helpful in determining exactly where we are in the process in this regard.

There are several key matters to note that the committee has raised in this first progress report. The first of those is in relation to the triservice police investigative capability audit, which all of us regard as an absolutely critical exercise that is crucial to the effective investigative capacity within the military, and it is one that we hope is taken very seriously. We look forward to the completion of that audit and to seeing the response to it from Defence.

We are also looking forward to the establishment of the permanent military court and are hoping to see legislation on that in a reasonably short space of time. The ROG—redress of grievance—process has been restructured into a single branch known now as the Fairness and Resolution Branch. That seems, from the evidence that the committee was given from the acting head of that branch and other witnesses present on that occasion, to be having a positive and beneficial effect on the way in which these matters are handled. Hopefully, it is a simpler and clearer process for those people who feel the need to take up an ROG. I do not think it is something that the overwhelming number of members of the ADF do on a whim; it is something that they contemplate very seriously. So if this consolidation of aspects of that process in the Fairness and Resolution Branch can assist with making that a simple, clear, effective, taint-free process then that is a very important aspect of this.

The Inspector-General of the ADF, Mr Earley, has been referred to by other speakers. I thought the inspector-general’s evidence before the committee was very useful and provided us with some insights into how he sees his job growing in many ways. Certainly, the size of his department is growing significantly. One point that I would make—I think other members would agree but that is, of course, for them to say—is that the committee still encourages the IGADF and the ADF—therefore the government—to contemplate giving the IGADF the opportunity to make his own report; not just a report to the CDF but hopefully a report that comes before this parliament in terms of the work of his office. We would regard that as an important step towards the independence and capacity of the IGADF to work outside the chain of command and to report separately. That is noted as well in our report.

A number of other key appointments have been made since the committee reported. We have had the appointment of Lieutenant Colonel Lyn McDade to the position of Director of Military Prosecutions, and that of Lieutenant Colonel Geoff Cameron CSC to the position of Registrar of Military Justice. They are both timely and welcome appointments. We also note in the report that we commend Defence on the progress they have made but acknowledge that the road to cultural change in the organisation is a very long one. (Time expired)