Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Hansard source

I move the amendment on sheet 2485:

(1) Schedule 2, page 29 (after line 26), at the end of the Schedule, add:

Defence Act 1903

6 Subsection 4(1)

Insert:

IGADF official (short for Inspector-General Australian Defence Force official) means:

(a) the Inspector-General ADF; or

(b) a person covered by subsection 110O(1).

7 At the end of Part VII

Add:

85 Identification of current or former members of the ADF Special Forces

Offence

(1) A person commits an offence:

(a) if:

(i) the person identifies a person as being a current or former member of the ADF Special Forces; and

(ii) the identification is not of the Special Operations Commander or such other persons as the Chief of the Defence Force determines; or

(b) if:

(i) the person makes public any information from which the identity of a current or former member of the ADF Special Forces could reasonably be inferred, or any information that could reasonably lead to the identity of such a person being established; and

(ii) the Minister or the Chief of the Defence Force has not consented in writing to the information being made public; and

(iii) the information has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament.

Penalty: Imprisonment for 10 years.

Exceptions

(2) A person does not commit an offence against paragraph (1)(a) if the person identifies the current or former member of the ADF Special Forces to an IGADF official, for the purpose of the IGADF official exercising a power, or performing a function or duty, as an IGADF official.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

(3) A person does not commit an offence against paragraph (1)(a) if:

(a) the person is an IGADF official; and

(b) the relevant conduct is engaged in by the person for the purpose of exercising powers, or performing functions or duties, as an IGADF official.

(4) Despite subsection 13.3(3) of the Criminal Code, in a prosecution for an offence against paragraph (1)(a) of this section, a defendant does not bear an evidential burden in relation to the matter in subsection (3) of this section.

Extended geographical jurisdiction

(5) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1) of this section.

Institution of prosecution

(6) A prosecution for an offence against subsection (1) of this section may be instituted only by, or with the consent of, the Attorney-General or a person acting under the Attorney-General's direction.

(7) However:

(a) a person charged with an offence against subsection (1) of this section may be arrested, or a warrant for the person's arrest may be issued and executed; and

(b) such a person may be remanded in custody or on bail;

even if the consent of the Attorney-General or a person acting under the Attorney-General's direction has not been obtained, but no further proceedings are to be taken until that consent has been obtained.

(8) Nothing in subsection (6) or (7) prevents the discharging of the accused if proceedings are not continued within a reasonable time.

Definitions

(9)In this section:

member of the ADF Special Forces means a person who is serving in a unit of the Australian Defence Force that conducts special operations.

I brought this amendment forward before. This time the government and coalition will find the courage with both hands and do the right thing by our veterans. This amendment is about protecting our Special Air Service veterans. When they sign up, they are promised by Defence that their identities will be protected. Despite this promise, this does not happen. They have been lied to for years by the very top echelon—their commanders—who should be protecting them. I just want to make it quite clear that this amendment is actually not complicated; it is just a commonsense measure to keep them safe, especially our special forces veterans' families. It is a simple amendment that allows diggers to have their identity protected, like they have been told would happen for their entire careers, for many, many years. It is a big part of the reason why these special forces personnel sign up. When you have family, it is ingrained in you that you will put the military first before your family. That is a big commitment. It is a big sacrifice when you are prepared to put your country—and have your life taken for your country—before your family. I cannot stress that enough in here this afternoon.

This amendment will make it a criminal offence to release the identity of those personnel that we ask to conduct the most dangerous operations that nobody else will. Nobody else will line up and do them—nobody. They are not lining up today to do them, and I will come back to that. This amendment seeks to give those personnel the same protection as an officer of ASIS. We're not asking for anything special; we are just asking for the same treatment. Last year a special forces soldier had his name splashed across the newspapers. His identity was revealed and, when his name was put out there, it put his life at risk, not to mention what his children have gone through. Thanks for serving your country.

Let's be honest, we also have ISIS cells running around Australia. If you think splashing the names of veterans across the newspapers does not put them and their families in danger you are delusional—beyond delusional. You have now put their lives in danger because you did not protect them. When the ISIS enemy come after us, they do not give a stuff. They're happy to take our kids out. Have you seen what has happened in Russia? They have no humanity, ISIS. They do not care. If you do not see the way that they played their role in the war in the Middle East then have another look, go back through. Have a look at what history served us up. They just do not care.

Special forces personnel are sometimes required to engage in secret operations in other countries, but of course we do not ask any questions about that. We would not dare because we are too bloody scared to ask. We don't want to know the dirty crap they are doing for this country and that is why we don't ask, because we don't want to know, because they go beyond what is required of them. We do not want to know because we ask them to do the things that we would never ask ourselves or anybody else to do, and that is the truth in the chamber today. That is the truth about it.

This amendment will put an end to veterans having their identities released. Let's talk about the elephant in the room. In one corner we're talking about national security and in the other corner people are not enlisting in our military. They are not enlisting. Here is a reality check: they are not enlisting. I'll tell you what, they sure as hell are not lining up to be in our special forces anymore, are they? Once upon a time, the military was competitive. You'd have hundreds of them lining up. Well, you've done your dash with them because you haven't protected them, and you haven't looked after them. They're not dying to go to Western Australia as they used to.

If you want to talk about national security in this country, then you better have a look at where the white elephant in the room is. You better have a look at the way you're treating them, because I can tell you that I have put it out there and will continue to say: 'Don't join the special forces because the government won't look after you. You are not protected; you never will be. You're a digger; you're nothing special, because that's what they're treating you like in here. There is nothing special for you or your families for your commitment.' If it isn't senior commanders, it is politicians who are prepared to chuck them under the bus. They're the same people we ask to make the ultimate sacrifice and do all the dirty crap that we don't want to do or think about. We don't want to ask questions because we don't want to know.

I'm simply asking you to give them the same treatment as ASIS. Why is ASIS so damn special compared to our special forces? Why do they get special treatment? Why? Who's putting their lives on the line here? It's not ASIS. This is all the amendment does, okay? It keeps their identities hidden for the safety of them and their families. That's all I'm asking, and that's all they are asking—to have the same treatment as ASIS.

Guys, you really have no choice here. You either give a stuff about our national security or you don't. If you want people to join our special forces, then you better start treating them a lot better than you have been treating them, because they've had enough of the rubbish. You have a choice here today. I want to make it very clear in Western Australia that the Greens will not support you. They are not behind you. They don't want to support you, okay? Obviously, they cannot see the commitment that you make and where it puts your kids. Obviously, they don't care about your kids either and what happens to them That's where we are at. The major parties have a choice this afternoon. You have a choice. They will not forgive you in the next federal election. It is 14 months away. Why don't you start looking after our special forces the same way they look after our Australians? Start looking after them properly. I am asking you to put this amendment through this afternoon.