Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

My question relates to the very brief contribution I made in the second reading debate. I understand the basis for this piece of legislation, and I have said that I support it, but to what extent does the minister have a discretion or an ability to seek advice separately?

At the moment, the Chief of Defence may give the view of defence as a whole, but there may be some nuanced and subtle differences between the position of the Chief of Navy, the Chief of Air Force and the Chief of Army. That is where I am at. While I am on my feet, what progress is being made with respect to the whole issue of contestability that seems to underpin the basis of the First Principles Review and the importance of that, because I think that is very healthy in terms of the culture of defence. That is not being critical of the culture of the defence. I just think it is very healthy for an organisation like Defence to have that ethos of contestability running through it.

Marise Payne (NSW, Liberal Party, Minister for Defence) Share this | Link to this | Hansard source

Senator Xenophon, I think it is very fair to say that there are often subtle and nuanced differences between views occasionally presented by the chiefs of the various services and, from time to time, the CDF, and between themselves for that matter. But the most important thing is that currently the minister is able to receive that separate and discrete, as in separate unit, advice. That will certainly continue under these arrangements and with the adoption of this legislation. Ultimately, of course, it is the minister who directs the CDF—that is, if you like, the top layer on that process.

In relation to your question concerning the contestability aspects of the First Principles Review and progress in that regard, I met very early in the piece, after I was appointed, with the oversight committee of the first principles implementation team and was updated by them. I understand I am due to receive another update from the chair, Mr Peever, in fact this week. The committee under the leadership also of the VCDF is progressing very methodically through the implementation process of the First Principles Review. I am keeping a very close eye on that and am engaged in that briefing process in particular.

Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

I thank the minister for her answer. Just in terms of protocols: will this legislation, when passed, make any difference to the way that the minister can receive information from the Chief of Navy, the Chief of Army and the Chief of Air Force—in other words, will there now be a flittering mechanism that has to go through the CDF, or is your access unfettered for those subtle, nuanced differences there may be between different parts of Defence?

Marise Payne (NSW, Liberal Party, Minister for Defence) Share this | Link to this | Hansard source

No, there is no change to that process. That information, those briefs and so on, are still able to come directly to me, not with a filter, as you might describe it.

Bill agreed to.

Bill reported without amendment; report adopted.