David Van (Victoria, Liberal Party) Share this | Hansard source

It's hard for this chamber to even consider giving them more opportunities. This chamber has serious business to consider. We currently have more than 20 bills on the Notice Paper. The Greens are here just trying to interrupt, disrupt and frustrate the work which we do in this place. Yet again the Greens have moved a motion of urgency. It's a clear dorothy dixer for us because, once again, they have provided us with a great opportunity to highlight the actions that the Morrison government is taking on this matter, which are methodical, clear, calm and appropriate.

There is no doubt the findings within the Brereton report were sad, distressing, concerning and require thorough action to be taken. The Morrison government, along with the Australian Defence Force, is taking action to meet not only our domestic and international obligations but also our moral obligation to ensure that this does not happen again. The findings of the Brereton report are amongst the most serious issues that any Prime Minister, Minister for Defence or any Chief of Defence Force have ever had to do deal with in the history of our nation. The members of the crossbench who have decided to come in here and use this report for political point scoring need to realise that there is no quick fix for this. There are no easy answers. There is no one, simple thing that will deal with the reasons behind these multiple allegations of war crimes. In contrast to the tokenism from those in the Greens, this government along with the Chief of Defence Force, are getting on with the job.

Let's talk about some of the facts about what this government is doing. On 19 November this year, the CDF released a public version of the Afghanistan inquiry report delivered to him by the Inspector-General of the ADF. The Chief of the Defence Force said the ADF is rightly held to account for allegations of grave misconduct by some members of the Australian Special Forces during operations in Afghanistan. The CDF, on behalf of the ADF, has sincerely and unreservedly apologised to the people of Afghanistan for any wrongdoing. Furthermore, he conveyed this message to his Afghan counterpart, General Zia. The CDF is leading Defence's response to the inquiry report by developing an implementation plan. This implementation plan will undertake actioning of the Inspector-General's recommendations and any other matters arising from the report. Once developed, this implementation plan will be provided to the government for consideration and response, as it should be. To ensure the implementation plan is appropriate, our government has established the Afghanistan Inquiry Implementation Oversight Panel. This panel will comprise three eminent, experienced and suitably qualified Australians and will provide oversight of Defence's response. This panel will be independent of Defence and report back directly and regularly to the Minister for Defence. This response will ensure that the response from Defence is thoughtful, measured and appropriate.

There is no denying that allegations contained in the inquiry report are deeply disturbing. They must be addressed and individually investigated, but they need to be addressed with a deep respect for justice and the rule of law. Fundamental to that is the presumption of innocence, the central tenet of our criminal legal system. Senator Waters coming in here and calling on the government to bring individuals to justice flies in the face of that tenet. We have to respect the rule of law; we have to protect the presumption of innocence. Throughout the report, the recommendations state that there is a realistic prospect of a criminal investigation obtaining sufficient evidence to charge. That's the whole point: we need to make sure that there is a criminal investigation that obtains that sufficient evidence before charges can be laid; we can't act as judge and jury in this place.

This is why the Morrison Liberal government is also establishing the Office of the Special Investigator within the Home Affairs portfolio. The office will address the potential criminal matters identified in the inquiry report. In particular, this new office will investigate allegations, gather evidence and, where appropriate, refer briefs to the Commonwealth Director of Public Prosecutions for their consideration. This is a considered, thorough and mature approach to dealing with these grave allegations. Any administrative, disciplinary, judicial or other proceedings arising as a result of the inquiry will be conducted according to the well-established processes of Australia's legal system, processes which ensure individuals' rights to due process and a fair hearing. Accountability will be the cornerstone of Defence's response to the inquiry.

The government of the day also has a duty of care to members of our Defence Force, something the Greens seemingly pay scant regard to— (Quorum formed)

Again, we see the Greens playing games in this place. We see them playing petty little children's games. They're just making a mockery of this place and of the serious business that needs to be done here. I'll go back to my speech. We, the Morrison Liberal government, are committed to ensuring that current and former serving ADF members are not impacted by the Afghanistan inquiry—them along with their families—that they all have access to the right support at the right time. We're also focused on supporting those who are vulnerable or at risk. The Australian Defence Force is the finest military in the world. The inquiry report should not cast a shadow over the vast majority of our Defence Force members who served in Afghanistan with distinction.

This year, we've seen the best of our Defence Force right here at home, through operations such as Bushfire Assist and their support to states and territories during the COVID pandemic. Every day this year, we've seen images of our Defence Force personnel helping everyday Australians through what has been the hardest year that I can certainly remember. While depressing, unedifying and completely regrettable, the allegations outlined in the Brereton report do not reflect the service of our Defence Force service men and women.

It's clear that there is no quick fix. There are no easy answers. And it is incredibly disappointing that Senator Waters and her Greens colleagues at that end of the chamber just want to play games and score political points with this very important matter and to waste the time of the Senate.