Marise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Hansard source

I table a supplementary explanatory memorandum relating to the government amendment (1) to be moved to the Defence Legislation Amendment (Discipline Reform) Bill 2021. I move government amendment on sheet ZA126:

(1) Schedule 3, item 2, page 48 (line 2), omit "as offensive or", substitute "in all the circumstances".

The purpose of this amendment is to insert the term 'in all the circumstances' and to remove the word 'offensive' from the new cyberbullying offence set out in clause 2 of schedule 3 of the bill. A cyberbullying offence will apply when a defence member has used a social media service or relevant electronic service in a way that a reasonable person would regard in all the circumstances as threatening, intimidating, harassing or humiliating another person.

The Human Rights Committee has suggested in its report on 20 October that the cyberbullying offence be adjusted by either removing the offensive provision or limiting application of the offence to situations where there is a service connection and the need to maintain military discipline. The Scrutiny of Bills Committee also raised concern over the appropriateness of what a reasonable person would regard as the offensive use of a social media service or an electronic service. In moving this amendment, the government has listened to the concerns raised by these committees, and in response has proposed this amendment to the cyberbullying offence to omit 'as offensive or' and to substitute 'in all the circumstances'.