Eric Abetz (Tasmania, Liberal Party) Share this | Hansard source

The Defence Legislation Amendment (Discipline Reform) Bill 2021 improves the management of disciplinary issues in the Australian Defence Force. The reform measures will result in a military discipline system that is easier to understand and use. This will reduce unnecessary delays, while being fair to all those involved, and allow commanders to more simply and quickly address poor behaviour and create opportunity for early intervention to better support the people in our Defence Force to continue as positive contributors to their service.

The majority of breaches covered by the act are of a uniquely military nature. They range from offences relating to operations against an enemy to being late for work. Serious criminal offences or other illegal conduct are usually referred to civilian authorities, such as the police. It is critical that breaches of discipline are resolved quickly and fairly to maintain morale and ensure good order and fighting capability. We need to maintain an operationally capable Defence Force with the highest levels of professional competence, commitment and discipline, both on and off duty.

The bill will reform the military discipline system, in particular the lower-level summary system and disciplinary infringement scheme. This will make it easier to use when dealing with minor discipline matters, particularly when deployed on operations. It will do this in three ways. Firstly, it will build on what is working well—the disciplinary infringement scheme—by enabling a wider range of minor breaches of military discipline to be managed quickly and simply as disciplinary infringements rather than service offences, where complex, adversarial, court-like procedures apply. Secondly, it will provide a better-structured discipline hierarchy based on the seriousness of the offending, available punishments, rank of the individual and seniority of the discipline authority. Thirdly and finally, the changes introduce several new service offences relevant to the modern ADF. Those new service offences include cyberbullying, and the related offence of failure to comply with a removal order concerning cyberbullying material; failing to perform a duty or an activity; and failing to notify a change in circumstances when in receipt of a benefit or entitlement. The changes will build on the very successful and highly regarded disciplinary infringement scheme.

Many senior non-commissioned officers and junior officers had little confidence in using the summary discipline system because of its complexity. Its use has been in constant and consistent decline, from 1,743 summary trials in 2009 to just about half of that, 923, in 2019. The people in our Defence Force live, work and fight alongside each other. Delays in dealing with discipline matters erode morale and impact mental wellbeing. Delays can also affect the careers of our people, beyond the intended discipline action. This is because leave, attendance at courses, and promotional prospects are often on hold until a discipline matter is finalised. This places undue stress on all involved.

Having had the pleasure of chairing this inquiry, I commend the explanatory memorandum, the minister's second reading speech and the bill to the Senate.