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

My question is for the Minister representing the Prime Minister, Senator Birmingham. On 13 July the Prime Minister changed the special operation unit citation regulations. He made it so that unit citations can be collectively or individually cancelled or individually forfeited on conviction for a disgraceful or serious offence. What was the Prime Minister's trigger for making these changes in July this year?

Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Link to this | Hansard source

If we go back over the history of some of the steps around citations, in February 2018, I understand, the then Minister for Defence Personnel sought approval to make a number of amendments to defence honours and awards, including in relation to recommendations from inquiries via the Defence Honours and Awards Appeal Tribunal in 2014 and 2015 relating to the withholding and forfeiture of awards. In May 2018, the then Assistant Minister to the Prime Minister agreed to a full review of the relevant instruments. Following extensive drafting efforts in May 2020, the Minister for Defence recommended a range of changes to the Australian Operational Service Medal, the Australian Defence Medal and unit citations. Those were then given effect in accordance with the normal process in July 2020.

Senator Lambie, I guess the point of going through that history is that, in fact, it dates right back to 2015, when a full review of defence honours, awards, instruments and medals was undertaken. The review was undertaken in order to strengthen and expand the eligibility for certain awards, to reflect previously agreed recommendations of the reviews of tribunals, as I referenced, and to ensure consistency in terminology and definitions. They were the reasons for those changes. As I did last week, I want to make sure in relation to all of these matters that I restate very much the fact that our government, you and all members of this place, acknowledge the service and sacrifice of those who have served us, including in Afghanistan, and that the overwhelmingly vast majority have done so with pride, distinction and honour.

Scott Ryan (President) Share this | Link to this | Hansard source

Order, Senator Birmingham. Senator Lambie, a supplementary question?

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

We all know about the Brereton report back in 2015, so just when you decided to change all this it seems. These timings are starting to line-up. Did the Prime Minister consult with the Chief of Defence Force or the Minister for Defence before making any of those changes?

Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Link to this | Hansard source

As I said in stepping through the process, the changes that were made in July 2020 were a function of quite a long process dating back some six years. There were extensive consultation opportunities through that time, from the original recommendations of the reviews by the Defence Honours and Awards Appeals Tribunal in 2014 and 2015 and then subsequent opportunities for consultation which were certainly undertaken by the relevant agencies of government.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Lambie, a final supplementary question?

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

The Prime Minister's changes were the first time the regulations for this citation have been amended in 30 years. Why, after 30 years, were these changes made a few months before the Brereton report was handed down, and is that just a coincidence?

Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Link to this | Hansard source

Indeed, the processes around these, starting in 2014 and 2015, actually began before the Brereton report was even commissioned, so it certainly is the case that the initial instigators, if you like, of these changes in relation to citation and award practices dated back prior to the commissioning of the Brereton report. The changes were made well before that report was completed and before the Prime Minister was briefed on it. The Prime Minister was only briefed on the content of that report in November of 2020, some months after the changes had been made in July of 2020.

The government understands the extreme sensitivities in relation to these matters. It is why we expect them to be handled with sensitivity and why we are at pains to stress and reinforce the fact that we have nothing but the highest of regard for the exemplary service of the vast majority of Australian service men and women. (Time expired)