Veterans' Entitlements, Treatment...: 12 Feb 2025: Senate debates (OpenAustralia.org)

Senate debates

Wednesday, 12 February 2025

Bills

Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024; In Committee

5:56 pm

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

With the concurrence of the Senate, the statements of reasons accompanying the requests circulated for this bill will be incorporated in Hansard immediately after the requests to which they relate. There being no objection, it is so ordered.

I have a statement, so I'll just give my statement. This is somewhat unusual, so it could be a learning experience for some.

According to the statement of reasons for the government amendments on sheet ZA257, amendment (3) is covered by section 53 of the Constitution because it changes the destination of money appropriated by section 423 of the Military Rehabilitation and Compensation Act 2004. This reflects the advice to the government from the parliamentary counsel, but the Clerk's view is that this does not accord with the precedents of the Senate.

The third paragraph of section 53 provides:

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

This has relevantly been taken to mean that the Senate may not amend a bill to increase the proposed expenditure under a standing appropriation. However, the amendment in question does not have that effect. Quick and Garran, in their commentaries on the Constitution, say:

… the Senate is only forbidden to amend [bills imposing taxation] and the annual appropriation bill; it may amend two kinds of expenditure bills … those for permanent and extraordinary appropriations … The Senate may amend such money bills so as to reduce the total amount of expenditure or to change the method, object and destination of the expenditure, but not to increase the total expenditure originated in the House of Representatives.

This position is set out at page 671.

The advice of the Clerk, which is set out on the amendment sheet, is that the amendment deals only with the apportionment of expenditure and does not change the total proposed expenditure under the standing appropriation in section 423 of the act. This is highlighted by the note to proposed subsection 80A(2), which makes it clear that the sum of amounts paid to persons cannot exceed the amount the Commonwealth is liable to pay in respect of an eligible person, which is itself a capped amount.

I have considered the views of the parliamentary counsel and the Clerk and consider that the Clerk's view is consistent with the precedents of the Senate. I therefore rule that the amendment should be framed as an amendment, not a request. It's purely of a technical nature, but we won't be making requests to the other House. We will be amending as we see fit.

5:59 pm

Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Link to this | Hansard source

I table two supplementary explanatory memoranda relating to the government amendments and the request for an amendment to be moved to the bill. I also seek leave to move amendments (1) and (3) on sheet ZA257 together and amendments (1) and (2) on sheet ED101 together.

Leave granted.

I move:

SHEET ZA257

(1) Clause 2, page 2 (table item 1, column 1), omit "3", substitute "4".

(3) Schedule 2, item 93, page 104 (line 24) to page 105 (line 2), omit section 80A, substitute:

80A Whom the additional amount is payable to

(1) An additional amount under section 80 in respect of an eligible young person or child of the impaired person is payable to the person or persons determined by the Commission in accordance with an instrument made under subsection (3) of this section.

(2) If the additional amount in respect of an eligible young person or child is payable to more than one person, a proportion of the additional amount determined by the Commission in accordance with an instrument made under subsection (3) is payable to each of the persons.

Note: The sum of the amounts paid to each of the persons cannot exceed the amount that the Commonwealth is liable to pay under section 80 in respect of the eligible young person or child.

(3) The Commission may, by legislative instrument, specify criteria or other requirements for determining:

(a) the person or persons to whom an additional amount in respect of an eligible young person or child is payable; and

(b) if the additional amount is payable to more than one person—the proportion of the additional amount that is payable to each of the persons.

(4) Without limiting subsection (3), the criteria or other requirements specified may relate to the circumstances surrounding legal responsibility or other arrangements for the care of the eligible young person or child.

______

P ARLIAMENTARY COUNSEL

Statement of reasons: why certain amendments should be moved as requests

Section 53 of the Constitution is as follows:

Powers of the Houses in respect of legislation

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

Amendment (3)

The effect of this amendment is to change the persons to whom additional amounts under section 80 of the Military Rehabilitation and Compensation Act 2004 are payable.

The amendment is covered by section 53 because it changes the destination of money appropriated by section 423 of the Military Rehabilitation and Compensation Act 2004.

______

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment (3)

According to the statement of reasons for the government amendments on sheet ZA257, amendment (3) is covered by section 53 of the Constitution "because it changes the destination of money appropriated by section 423 of the Military Rehabilitation and Compensation Act 2004". This does not accord with the precedents of the Senate.

The third paragraph of section 53 provides that:

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

This has relevantly been taken to mean that the Senate may not amend a bill to increase the proposed expenditure under a standing appropriation. The amendment in question does not have that effect.

The amendment deals only with the apportionment of expenditure and does not change the total proposed expenditure under the standing appropriation in section 423 of the Act This is highlighted by the note to proposed subsection 80A(2), which makes it clear that the sum of amounts paid to persons cannot exceed the amount the Commonwealth is liable to pay in respect of an eligible person, which itself is a capped amount.

It is therefore in accordance with the precedents of the Senate for the amendment to be treated as an amendment, rather than a request. This is the same approach that the Senate took in relation to the Northern Australia Infrastructure Facility Bill 2016.

_____

SHEET ED101

(1) Clause 2, page 2 (at the end of the table), add:

(2) Page 324 (after line 6), at the end of the Bill, add:

Schedule 9 — Defence and Veterans' Services Commission

Part 1 — Main amendments

Defence Act 1903

1 After Part VIIID

Insert:

Part VIIIE — Defence and Veterans' Services Commission

Division 1 — Preliminary

110ZEA Objects of this Part

The object of this Part is to improve suicide prevention and wellbeing outcomes for serving and ex-serving Australian Defence Force members through the provision of independent, evidence-based advice on system reform to the Australian Government.

110ZEB Simplified outline of this Part

The Defence and Veterans' Services Commissioner conducts inquiries and reports (including with evidence-based findings and recommendations) on matters relating to systemic reform to:

(a) improve suicide prevention for serving and ex-serving Australian Defence Force members; or

(b) improve wellbeing outcomes for serving and ex-serving Australian Defence Force members.

The Commissioner may determine that an inquiry is a special inquiry if certain requirements are met, including that to do so is in the public interest. A range of additional powers are available to the Commissioner for the purposes of conducting special inquiries (see Division 3).

The Defence and Veterans' Services Commission assists the Commissioner in the performance of the Commissioner's functions under this Part. The Commission consists of the Commissioner and the staff of the Commission.

110ZEC This Part binds the Crown

(1) This Part binds the Crown in each of its capacities.

(2) However, this Part does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.

110ZED This Part extends to things outside Australia

This Part extends to acts, omissions, matters and things outside Australia.

110ZEE Definitions

In this Part:

accountable authority,of a Commonwealth entity, has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

Australian intelligence entity means:

(a) the Australian Security Intelligence Organisation; or

(b) the Australian Secret Intelligence Service; or

(d) the Office of National Intelligence; or

(e) the part of the Department known as the Australian Geospatial-Intelligence Organisation; or

(f) the part of the Department known as the Defence Intelligence Organisation.

authorised member: see subsection 110ZGJ(2).

Commonwealth body means a Commonwealth entity or a Commonwealth company.

Commonwealth company has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

Defence and Veteran Suicide Royal Commission means the Royal Commission into Defence and Veteran Suicide, issued by the Governor-General by Letters Patent on 8 July 2021 (and including any later variations of those Letters Patent).

defence member means a member of the Defence Force.

eligible Judge: see subsection 110ZLB(1).

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

entrusted person means:

(a) the Defence and Veterans' Services Commissioner; or

(b) a member of staff assisting the Commissioner as mentioned in section 110ZKD; or

(d) consultants engaged under section 110ZKF.

head, of an Australian intelligence entity, means:

(a) in relation to the Australian Security Intelligence Organisation—the Director-General of Security; or

(b) in relation to the Australian Secret Intelligence Service—the Director-General of the Australian Secret Intelligence Service; or

(d) in relation to the part of the Department known as the Australian Geospatial-Intelligence Organisation—the Director of that part of the Department; or

(e) in relation to the part of the Department known as the Defence Intelligence Organisation—the Director of that part of the Department; or

(f) in relation to the Office of National Intelligence—the Director-General of National Intelligence.

Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.

IGIS official means:

(a) the Inspector-General of Intelligence and Security; or

(b) any other person covered by subsection 32(1) of the Inspector-General of Intelligence and Security Act 1986.

intelligence information means information:

(a) that was acquired or prepared by or on behalf of an Australian intelligence entity in connection with its functions; or

(b) that relates to the performance by an Australian intelligence entity of its functions; or

(c) that identifies a person as being, or having been, a staff member (within the meaning of the Intelligence Services Act 2001) or agent of the Australian Secret Intelligence Service or the Australian Security Intelligence Organisation.

Example: For paragraph (a)—information provided to an Australian intelligence entity by a foreign government or an agency of a foreign government.

Judge: see subsection 110ZLB(1).

law enforcement or security agency means any of the following agencies:

(a) the Australian Defence Force;

(b) the Australian Federal Police;

(d) the Home Affairs Department;

(e) the police force of a State or Territory;

(f) any other agency prescribed by the rules for the purposes of this definition.

official, of a Commonwealth entity, has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

operationally sensitive information means:

(a) information about information sources or operational activities or methods available to a law enforcement or security agency; or

(b) information about particular operations that have been, are being or are proposed to be undertaken by a law enforcement or security agency, or about proceedings relating to those operations; or

(c) information provided by a foreign government, or by an agency of a foreign government, where that government does not consent to the public disclosure of the information.

paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).

personal information has the same meaning as in the Privacy Act 1988.

protected information means information (including personal information) made or obtained by an entrusted person for the purposes of this Part.

reasonable excuse means:

(a) in relation to any act or omission by a witness before the Defence and Veterans' Services Commissioner—an excuse which would excuse an act or omission of a similar nature by a witness before a court of law; or

(b) in relation to any act or omission by a person summoned as a witness before the Commissioner—an excuse which would excuse an act or omission of a similar nature by a person summoned as a witness before a court of law; or

(c) in relation to any act or omission by a person given a notice under section 110ZGE or subsection 110ZHD(3)—an excuse which would excuse an act or omission of a similar nature by a person served with a subpoena in connection with a proceeding before a court of law.

rules means rules made under section 110ZLD.

secrecy provision means:

(a) a provision of a law of the Commonwealth that purports to prohibit; or

(b) anything done, under a provision of a law of the Commonwealth, to prohibit;

the communication, divulging or publication of information, the production of, or the publication of the contents of, a document, or the production of a thing.

State body means a department or authority of a State.

Territory body means a department or authority of a Territory.

use, in relation to information, includes make a record of.

veteran has the same meaning as in the Australian Veterans' Recognition (Putting Veterans and Their Families First) Act 2019.

Division 2 — Investigations by the Defence and Veterans' Services Commissioner

110ZFA Investigation on own initiative

(1) The Defence and Veterans' Services Commissioner may conduct research and inquire into matters relating to systemic reform to:

(a) improve suicide prevention for serving and ex-serving ADF members; or

(b) improve wellbeing outcomes for serving and ex-serving ADF members.

(2) The Commissioner may, after conducting research and inquiry under this section, report to the Minister on the outcomes of the research and inquiry (including any recommendations).

(3) A report given under subsection (2) must be given to the Minister, published and tabled in each House of the Parliament in accordance with any requirements of the rules.

110ZFB Inquiry into or advice on specific matter on request by Minister

(1) The Minister may request the Defence and Veterans' Services Commissioner:

(a) to conduct research and inquire into, and report on, a specific matter relating to systemic reform to:

(i) improve suicide prevention for serving and ex-serving ADF members; or

(ii) improve wellbeing outcomes for serving and ex-serving ADF members; or

(b) to advise on a specific matter relating to systemic reform to:

(i) improve suicide prevention for serving and ex-serving ADF members; or

(ii) improve wellbeing outcomes for serving and ex-serving ADF members.

(2) The Minister may include in such a request terms of reference (including time frames) for the report or advice.

(3) The Commissioner must comply with such a request.

(4) If such a request is made in writing, the request is not a legislative instrument.

(5) The Minister may withdraw or amend such a request at any time before the Commissioner gives the report or advice to the Minister.

110ZFC Inquiries into implementation of Defence and Veteran Suicide Royal Commission recommendations

(1) The Defence and Veterans' Services Commissioner must conduct at least 2 inquiries into the Commonwealth's implementation of the Government's response to the recommendations of the Defence and Veteran Suicide Royal Commission.

(2) An inquiry under subsection (1) must evaluate the implementation of the Government's response including:

(a) the measures and actions taken by the Commonwealth to implement the response; and

(b) the effectiveness of those measures and actions in implementing the Government's response.

(3) Reports on an inquiry under subsection (1) must:

(a) be completed no later than the period prescribed by the rules for the inquiry; and

(b) be given to the Minister, published and tabled in each House of the Parliament in accordance with any requirements of the rules.

110ZFD Hearings

(1) The Defence and Veterans' Services Commissioner may hold a hearing for the purposes of performing the Commissioner's functions.

(2) A hearing is to be held in public and the procedure for a hearing may be such as the Commissioner thinks fit.

Note: For circumstances where hearings may not be held in public, see subsections 110ZFE(1) and (2), and 110ZGQ(6).

(3) The Commissioner may issue written guidelines relating to the procedure for hearings.

Note: The rules may make provision in relation to the procedure for hearings: see section 110ZFG.

(4) Guidelines issued under subsection (3) are not a legislative instrument.

(5) The Commissioner is not bound by the rules of evidence.

(6) The Commissioner must ensure that a record of a hearing is made.

110ZFE Private hearings

Disclosure of information that is personal

(1) Despite subsection 110ZFD(2), a hearing, or part of a hearing, may be held in private if the Defence and Veterans' Services Commissioner is satisfied that:

(a) information relating to:

(i) a deceased person or the family, friends or associates of a deceased person; or

(ii) a defence member or veteran's lived experience with a suicide risk;

may be disclosed at a hearing; and

(b) the information is personal and private.

Disclosure of operationally sensitive information

(2) Despite subsection 110ZFD(2), a hearing, or part of a hearing, may be held in private if the Commissioner is satisfied that a person appearing at the hearing may give evidence that discloses operationally sensitive information.

Note: See also section 110ZGG, which requires a person to give notice of likely disclosure of operationally sensitive information to the Commissioner.

Commissioner must have regard to certain matters when considering whether to hold private hearings

(3) When considering whether to hold a hearing, or part of a hearing, in private because of subsections (1) and (2), the Commissioner must have regard to:

(a) the potential risk of prejudice to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004), or to the operations of a law enforcement or security agency; and

(b) whether holding the hearing in private would have a substantial adverse effect on the exercise or performance of the Commissioner's functions or powers; and

(d) the safety and security of any person; and

(e) whether legal professional privilege, or any other immunity, privilege or restriction may apply to the disclosure of the information; and

(f) any other matters the Commissioner thinks relevant.

Other circumstances

(4) Despite subsection 110ZFD(2), a hearing, or part of a hearing, may be held in private in any other circumstances prescribed by the rules.

110ZFF Consultation in relation to certain private hearing evidence

(1) If a witness gives evidence at a private hearing because of subsection 110ZFE(2) (disclosure of operationally sensitive information), the Defence and Veterans' Services Commissioner must, before disclosing or using any evidence the witness has given at, or in relation to, the private hearing:

(a) consult any law enforcement or security agency to which the evidence relates and consider any information received from the agency following the consultation; and

(b) consider any potential risk of prejudice to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004); and

(2) If a witness gives evidence at a private hearing because of subsection 110ZFE(1) or (2) (disclosure of personal or operationally sensitive information), the Commissioner must, before disclosing or using any evidence the witness has given at, or in relation to, the private hearing:

(a) consider consulting the witness, and any other person whose interests are affected by the evidence; and

(b) consider any potential risk of prejudice to a person if the person is not consulted before using or disclosing information given at, or in relation to, a private hearing; and

(c) consider any preference the witness communicates (whether before, during or after a private hearing) to the Commissioner in relation to consultation.

(3) The rules may make provision for or in relation to the disclosure or use of evidence given at a private hearing by a witness because of subsection 110ZFE(4).

110ZFG Other powers relating to inquiries

Subject this Part and any requirements prescribed by the rules, the Defence and Veterans' Services Commissioner may conduct research and inquire into matters under this Part as the Commissioner sees fit, including in relation to the following:

(a) giving notice of an inquiry;

(b) inviting submissions;

(d) procedures for hearings (public or private);

(e) providing draft reports for comment.

Division 3 — Special inquiries

Subdivision A — Determining inquiry is a special inquiry

110ZGA Special inquiry

(1) The Defence and Veterans' Services Commissioner may make a determination, in writing, that an inquiry being conducted under Division 2 is a special inquiry if:

(a) public notice has been given of the inquiry; and

(b) the Commissioner is satisfied that it is in the public interest that the powers in this Division may be exercised in relation to the inquiry; and

(2) The Commissioner may, at any time, revoke such a determination.

(3) A determination under subsection (1) is in force during the period:

(a) beginning immediately after the determination is made; and

(b) ending at the earliest of the following:

(i) the end of the period of 2 years beginning immediately after the determination is made;

(ii) the end of the day on which the determination is revoked under subsection (2).

(4) Paragraph (3)(b) does not prevent the making of another determination under subsection (1) in the same terms as the expired or revoked determination.

(5) A determination made under subsection (1) is not a legislative instrument.

Subdivision B — Powers that can be used in relation to a special inquiry

110ZGB Application of this Subdivision

This Subdivision applies in relation to an inquiry if there is a determination in force under section 110ZGA that the inquiry is a special inquiry.

110ZGC Summons

(1) The Defence and Veterans' Services Commissioner may, by notice in writing, summon a person to attend a hearing at a time and place specified in the notice:

(a) to give evidence relevant to the special inquiry; or

(b) to produce documents or things specified in the notice that are relevant to the special inquiry.

Note: Failure to comply with a notice is an offence: see section 110ZHA.

(2) The notice must:

(a) be in writing and be signed by the Commissioner; and

(b) be served on the person required to attend the hearing.

(3) A time specified in a notice must be at least 14 days after the day on which the notice is given.

(4) However, subsection (3) does not apply if the Commissioner reasonably believes that the circumstances to which the notice relates are urgent or serious.

(5) For the purposes of sections 110ZHA (failure to produce), 110ZHD and 110ZHE (legal professional privilege), the power of the Commissioner under this section to require a person to give evidence, or produce a document or thing, includes the power to require the person to give evidence, or produce a document or thing, that is subject to legal professional privilege.

Note: Under section 110ZHD, legal professional privilege might still be a reasonable excuse for failing to produce the document etc.

(6) Before giving a notice under subsection (1) to a person, in the person's capacity as someone who is or has been a coroner or an officer or employee of a coroners' court, the Commissioner must consider requesting the coroner or the coroners' court to disclose information in accordance with section 110ZGP.

(7) If the Commissioner gives a notice under subsection (1) to an official of a Commonwealth entity, the Commissioner must give a copy of the notice to:

(a) if the official performs duties in, or services for, an Australian intelligence entity—the head of the Australian intelligence entity; or

(b) in any other case—the accountable authority of the Commonwealth entity.

(8) If the Commissioner gives a notice under subsection (1) to an officer or employee of a State body or a Territory body, the Commissioner must give a copy of the notice to the head (however described) of the body.

110ZGD Evidence on oath or by affirmation

(1) At a hearing for the inquiry, the Defence and Veterans' Services Commissioner may:

(a) require a witness to either take an oath or make an affirmation; and

(b) administer an oath or affirmation to the witness.

Note 1: Refusal to take an oath or make an affirmation is an offence: see section 110ZHB.

Note 2: This means that a hearing is a judicial proceeding for the purposes of Part III of the Crimes Act 1914, which creates various offences in relation to judicial proceedings.

(2) The oath or affirmation is an oath or affirmation that the evidence the person will give will be true.

(3) The Commissioner may allow a person attending a hearing who has been sworn, or who has made an affirmation, to give evidence by tendering a written statement and verifying it by oath or affirmation.

110ZGE Defence and Veterans' Services Commissioner may require information etc.

(1) For the purposes of performing the Defence and Veterans' Services Commissioner's functions, the Commissioner may, by written notice, require a person:

(a) to give the Commissioner information relevant to the special inquiry, or a statement setting out information relevant to the special inquiry, in writing referred to in the notice; or

(b) to produce to the Commissioner the documents or things relevant to the special inquiry that are referred to in the notice.

Note: Failure to give the information or statement, or to produce the documents or things, is an offence: see section 110ZHA.

(2) The notice must:

(a) be in writing; and

(b) specify the period within which the person must comply with the notice.

(3) A time specified in a notice must be at least 14 days after the day on which the notice is given.

(4) However, subsection (3) does not apply if the Commissioner reasonably believes that the circumstances to which the notice relates are urgent or serious.

(5) For the purposes of sections 110ZHA (failure to produce), 110ZHD and 110ZHE (legal professional privilege), the power of the Commissioner under this section to require a person to give information or a statement, or produce a document or thing includes the power to require the person to give information or a statement, or produce a document or thing, that is subject to legal professional privilege.

Note: Under section 110ZHD, legal professional privilege might still be a reasonable excuse for failing to produce the document etc.

(7) If the Commissioner gives a notice under subsection (1) to an official of a Commonwealth entity, the Commissioner must give a copy of the notice to:

(a) if the official performs duties in, or services for, an Australian intelligence entity—the head of the Australian intelligence entity; or

(b) in any other case—the accountable authority of the Commonwealth entity.

(8) If the Commissioner gives a notice under subsection (1) to an officer or employee of a State body or Territory body, the Commissioner must give a copy of the notice to the head (however described) of the body.

110ZGF Notice of likely disclosure of operationally sensitive information

Notice requirement

(1) If:

(a) a person either:

(i) intends to give evidence, or give or produce to the Defence and Veterans' Services Commissioner information or a statement, document or thing in relation to the special inquiry (including as authorised under section 110ZGN or 110ZGP); or

(ii) is required under section 110ZGC or 110ZGE to give evidence at a hearing, to give or produce to the Commissioner information or a statement, document or thing, in relation to the special inquiry; and

(b) the person considers that giving the evidence, or giving or producing the information or statement, document or thing, may involve the person disclosing operationally sensitive information;

the person must give written notice to the Commissioner before giving or producing the evidence, information or statement, document or thing.

Note: Failure to give written notice is an offence if the person holds or has held an Australian Government security clearance: see subsection 110ZHC(1).

(2) The notice must describe the evidence, information or statement, document or thing that the person considers to be operationally sensitive information.

Call for submissions

(3) If the Commissioner is given a notice under subsection (1), the Commissioner may invite submissions from persons or bodies (including law enforcement or security agencies) whose interests may be affected by disclosure of the information.

(4) If the Commissioner invites submissions, the Commissioner must ensure that the information is not disclosed inappropriately in the course of inviting submissions.

110ZGG Notice of likely disclosure of intelligence information

If:

(a) a person either:

(ii) s required under section 110ZGC or 110ZGE to give evidence at a hearing, to give or produce to the Commissioner information or a statement, document or thing, in relation to the special inquiry; and

(b) the person considers that giving the evidence, or giving or producing the information or statement, document or thing, may involve the person disclosing intelligence information;

the person must give written notice to the Commissioner before giving or producing the evidence, information, statement, document or thing.

Note: Failure to give written notice is an offence if the person holds or has held an Australian Government security clearance: see subsection 110ZHC(2).

110ZGH Powers of Commissioner in relation to documents or other thing

The Defence and Veterans' Services Commissioner may for the purposes of the special inquiry:

(a) inspect any document or other thing:

(i) produced or given to the Commissioner; or

(ii) produced or given under a notice under section 110ZGC or 110ZGE; and

(b) retain the documents or other thing for so long as is reasonably necessary for the purposes of performing the Commissioner's functions; and

(i) produced or given to the Commissioner; or

(ii) produced or given under a notice under section 110ZGC or 110ZGE;

make copies of any documents that contain matter that is relevant to the Commissioner's functions or powers.

110ZGJ Search warrants

(1) The Defence and Veterans' Services Commissioner or an authorised member may apply for a search warrant under subsection (4) in relation to the special inquiry.

(2) The Commissioner may, in writing, authorise a person, or each person in a class of persons, to be an authorised member for the purposes of this Part, if the person, or each person in the class of persons, is a member of the Australian Federal Police, or of the police force of a State or Territory, or is a police member (within the meaning of the Defence Force Discipline Act 1982).

(3) If:

(a) the Commissioner, or an authorised member, has reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, on any land or on or in any premises, vessel, aircraft or vehicle, a thing or things of a particular kind connected with a matter into which the Commissioner is inquiring (things of the relevant kind); and

(b) the Commissioner, or the authorised member, believes on reasonable grounds that, if a summons were issued for the production of the thing or things, the thing or things might be concealed, lost, mutilated or destroyed;

the Commissioner, or the authorised member, may apply to an eligible Judge for the issue of a search warrant under subsection (4).

(4) If an application is made under subsection (1) to an eligible Judge, the eligible Judge may, if satisfied that there are reasonable grounds for issuing the warrant, issue a search warrant authorising a member of the Australian Federal Police or of the police force of a State or Territory, or any other person named in the warrant (the authorised person), with such assistance as the authorised person thinks necessary, and if necessary by reasonable force:

(a) to enter onto the land or on or into the premises, vessel, aircraft or vehicle; and

(b) to search the land, premises vessel aircraft or vehicle for things of the relevant kind; and

(c) to seize any things of the relevant kind found on the land or in the premises, vessel, aircraft or vehicle and deliver things so seized to the Commissioner.

(5) A warrant issued under this section must include the following information:

(a) a statement of the purpose for which the warrant is issued, which must include a reference to the matter into which the Commissioner is inquiring and with which the things of the relevant kind are connected;

(b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night;

(d) a date, not being later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.

(6) If, in the course of searching, in accordance with a warrant issued under this section, for things of a particular kind connected with a matter into which the Commissioner is inquiring, the person executing the warrant finds:

(a) any thing of another kind that the person believes on reasonable grounds to be connected with that matter; or

(b) any thing that the person believes on reasonable grounds to be connected with another matter into which the Commissioner is inquiring;

and the person believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss, mutilation or destruction, the warrant is taken to authorise the person to seize that thing.

110ZGK Application by telephone for search warrants

(1) An application for a search warrant under subsection 110ZGJ(1) may be made by telephone if the applicant for the warrant considers it necessary to do so because of circumstances of urgency.

(2) If an eligible Judge issues a search warrant on an application made by telephone, the eligible Judge must:

(a) complete and sign that warrant; and

(b) inform the applicant of the terms of the warrant and the date on which and the time at which it was signed; and

(3) If a search warrant is issued on an application made by telephone, the Defence and Veterans' Services Commissioner or a member of the Australian Federal Police or of the police force of a State or Territory may complete a form of warrant in the terms indicated by an eligible Judge under subsection (2).

(4) A form of warrant completed in accordance with subsection (3) is taken to be a warrant issued under section 110ZGJ.

110ZGL Witnesses subject to questioning

(1) Any of the following may, so far as the Defence and Veterans' Services Commissioner thinks proper, examine or cross-examine a witness on a matter relevant to a hearing for the purposes of the special inquiry:

(a) a legal practitioner assisting the Commissioner;

(b) any legal practitioner authorised by the Commissioner to appear before it for the purpose of representing any person;

(2) Subject to this Part, a witness who is examined or cross-examined has the same protection and is subject to the same liabilities as if examined by the Commissioner.

Note: For other witness protections, see section 110ZLC.

110ZGM Witness expenses and allowances

(1) A person may, on behalf of the Commonwealth, be paid the following in respect of the giving of evidence as a witness at a hearing for the purposes of the special inquiry, in accordance with a scale prescribed by the rules:

(a) a reasonable amount for the person's expenses of attending at a place to give evidence;

(b) an allowance for the person's travelling expense and maintenance while absent from the person's usual place of residence.

(2) In the absence of a prescribed scale, the amount or allowance the person may be paid is the amount or allowance the Commissioner considers reasonable.

110ZGN Disclosure of information to the Commissioner — Commonwealth

Authorisation to disclose

(1) A Commonwealth body, or an individual who holds any office or appointment under a law of the Commonwealth, may, on their own initiative or at the request of the Commissioner, disclose information (including personal information) for the purpose of assisting in the performance or exercise of the Commissioner's functions or powers in for the purposes of the special inquiry.

(2) A disclosure of information is taken not to have been made by a Commonwealth body for the purposes of subsection (1) if the individual making the disclosure is acting beyond the individual's authority in relation to the body.

Authorisation for Commissioner to use

(3) The Commissioner is authorised to use information disclosed under this section for the purposes of performing or exercising any of the Commissioner's functions or powers for the purposes of the special inquiry.

Authorisation not affected by State or Territory law or the general law

(4) The authorisation in subsection (1) has effect despite anything in a law of a State or Territory, or the general law, that restricts or prohibits disclosure of information.

Note: Penalties also do not apply under secrecy provisions: see section 110ZHQ.

110ZGP Disclosure of information to the Commissioner — States and Territories

Authorisation to disclose

(1) Any of the following may, on their own initiative or at the request of the Commissioner, disclose information (including personal information) for the purpose of assisting in the performance or exercise of the Commissioner's functions or powers for the purposes of the special inquiry:

(a) a State body or Territory body;

(b) an individual who holds any office or appointment under a law of a State or Territory;

(2) A disclosure of information is taken not to have been made by a State body or Territory body for the purposes of subsection (1) if the individual making the disclosure is acting beyond the individual's authority in relation to the body.

Authorisation for Commissioner to use

(3) The Commissioner is authorised to use information disclosed under this section for the purposes of performing or exercising any of the Commissioner's functions or powers.

Authorisation not affected by State or Territory law or the general law

(4) The authorisation in subsection (1) has effect despite anything in a law of a State or Territory, or the general law, that restricts or prohibits disclosure of information.

Note: Penalties also do not apply under secrecy provisions: see section 110ZHQ.

110ZGQ Arrangements for obtaining and protecting intelligence information

Arrangements

(1) The Commissioner must take all reasonable steps to ensure that entrusted persons obtain, store, access, use and disclose intelligence information relating to an Australian intelligence entity for the purposes of a special inquiry only in accordance with an arrangement, between the Commissioner and the head of the entity, that deals with:

(a) the manner in which entrusted persons obtain intelligence information relating to the entity; and

(b) the protection of intelligence information relating to the entity while in the possession of entrusted persons; and

(2) The Commissioner must take all reasonable steps to ensure that an arrangement is in force for the purposes of subsection (1) with the head of an Australian intelligence entity before obtaining intelligence information relating to the entity for the purposes of a special inquiry.

(3) Subsections (1) and (2) apply despite any other provision of this Part.

(4) Without limiting subsection (1), an arrangement may:

(a) limit the circumstances in which intelligence information may be disclosed in a report under this Division; and

(b) set out matters to which the Commissioner must have regard in disclosing intelligence information under section 110ZHP.

(5) However, except as mentioned in paragraph (4)(a), an arrangement cannot prevent the exercise of the Commissioner's powers or the performance of the Commissioner's functions under any provision of this Part (including section 110ZHP).

Conduct of hearings

(6) Despite subsection 110ZFD(2), if the Commissioner is satisfied that a person appearing at a hearing might disclose intelligence information:

(a) the Commissioner may, subject to paragraph (b) of this subsection, conduct the hearing in public or private; and

(b) the conduct of the hearing must be consistent with an arrangement entered into for the purposes of subsection (1) of this section with the Australian intelligence entity to which the information relates.

Arrangement is not a legislative instrument

(7) If an arrangement is entered into for the purposes of subsection (1) in writing, the arrangement is not a legislative instrument.

110ZGR Application of this Part in relation to current and former IGIS officials

Despite anything else in this Part:

(a) an entrusted person may obtain information from another person that the other person acquired as an IGIS official; and

(b) a person may disclose information, that the person acquired as an IGIS official, to an entrusted person;

only in accordance with sections 34 and 34A of the Inspector-General of Intelligence and Security Act 1986.

Division 4 — Offences

Subdivision A — Failure to attend hearing, give information or produce documents etc.

110ZHA Failure to attend hearing, give information or produce documents etc.

Failure to attend hearing

(1) A person commits an offence if:

(a) the person is served with a notice under section 110ZGC to attend a hearing; and

(b) the person fails to comply with the notice.

Penalty: Imprisonment for 2 years.

Failure to give information, or produce a document or thing

(2) A person commits an offence if:

(a) the person is given a notice under section 110ZGC or 110ZGE to give information or a statement, or produce a document or thing, specified in the notice; and

(b) the person fails to comply with the notice.

Penalty: Imprisonment for 2 years.

Reasonable excuse

(3) Subsections (1) and (2) do not apply if the person has a reasonable excuse.

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

Defence of relevance

(4) Subsection (2) does not apply if the information, statement, document or thing is not relevant to the matters into which the Commissioner was inquiring.

Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.

Subsections (1) and (2) not affected by State or Territory law or the general law

(5) Subsections (1) and (2) have effect despite anything in a law of a State or Territory, or the general law.

Note: Penalties also do not apply under secrecy provisions: see section 110ZHQ.

110ZHB Refusal to take an oath, make an affirmation or answer a question

A person commits an offence if:

(a) the person is served with a notice under section 110ZGC to attend a hearing; and

(b) either:

(i) the person refuses to be sworn or to make an affirmation at the hearing; or

(ii) the person refuses to answer a question at the hearing that the Defence and Veterans' Services Commissioner requires the person to answer.

Penalty: Imprisonment for 2 years.

110ZHC Failure to give written notice to the Defence and Veterans' Services Commissioner

Operationally sensitive information

(1) A person commits an offence if:

(a) the person is required to give a written notice to the Commissioner under section 110ZGF; and

(b) the person holds or has held an Australian Government security clearance (within the meaning of the Criminal Code) that allows, or had allowed, access to operationally sensitive information; and

Penalty: Imprisonment for 3 years.

Intelligence information

(2) A person commits an offence if:

(a) the person is required to give a written notice to the Defence and Veterans' Services Commissioner under section 110ZGG; and

(b) the person holds or has held an Australian Government security clearance (within the meaning of the Criminal Code) that allows, or had allowed, access to intelligence information; and

Penalty: Imprisonment for 3 years.

110ZHD Legal professional privilege

(1) It is not a reasonable excuse for the purposes of subsection 110ZHA(3) for a person to fail to give information or a statement, or produce a document or thing, that the information, statement, document or thing is subject to legal professional privilege, unless:

(a) a court has found the information, statement, document or thing (or the relevant part of it) to be subject to legal professional privilege; or

(b) a claim that the information, statement, document or thing (or the relevant part of it) is subject to legal professional privilege has been made to the Defence and Veterans' Services Commissioner:

(i) within the time that the Commissioner, in requiring the information or statement to be given, or the document or thing to be produced, allowed for the giving of the information or statement, or the production of the document or thing; or

(ii) within such further time as the Commissioner allows for the giving of the information or statement, or the production of the document or thing.

(2) If such a claim is made, the Commissioner may decide whether to accept or reject the claim.

(3) The Commissioner may, by written notice served on a person, require the person to produce the information, statement, document or thing for inspection for the purpose of deciding whether to accept or reject the claim.

(4) If the information, statement, document or thing has been produced for inspection and the Commissioner decides to accept the claim, the Commissioner must:

(a) return the information, statement, document or thing to the person; and

(b) disregard, for the purposes of any report, recommendation or finding that the Commissioner makes:

(i) if the claim is accepted in relation to the whole of the information, statement, document or thing—the whole of the information, statement, document or thing; or

(ii) if the claim is accepted in relation to a part of the information, statement, document or thing—that part of the information, statement, document or thing.

(5) If the information, statement, document or thing has been produced for inspection and the Commissioner decides to reject the claim, the Commissioner may use the information, statement, document or thing for the purposes of performing the Commissioner's function in relation to a special inquiry.

110ZHE Offences relating to claims for legal professional privilege

Offences

(1) A person commits an offence if:

(a) the person has failed to give information or a statement, or produce a document or thing as required by the Commissioner under section 110ZGC; and

(b) the Commissioner has decided under subsection 110ZHD(2) to reject a claim that the information or statement, document or thing (or the relevant part of the information, statement, document or thing) is subject to legal professional privilege; and

(c) the person fails to give the information or statement, or produce the document or thing as the Commissioner requires, after that decision, under section 110ZGC.

Penalty: Imprisonment for 2 years.

(2) A person commits an offence if:

(a) the person is required under subsection 110ZHD(3) to give information or a statement, or produce a document or thing for inspection; and

(b) the person fails to comply with the notice.

Penalty: Imprisonment for 2 years.

Reasonable excuse

(3) Subsections (1) and (2) do not apply if the person has a reasonable excuse.

Legal professional privilege

(4) It is not a reasonable excuse for the purposes of subsection (3) for a person to fail to give information or a statement, or produce a document or thing, that the information, statement, document or thing is subject to legal professional privilege, unless a court has found the information, statement, document or thing to be subject to legal professional privilege.

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

Defence of relevance

(5) It is a defence to a prosecution for an offence against this section constituted by a failure to give information or a statement, or produce a document or thing, if the information, statement, document or thing is not relevant to the matters into which the Commissioner is inquiring.

Note: A defendant bears an evidential burden in relation to the matters in subsection (5), see subsection 13.3(3) of the Criminal Code.

110ZHF Self-incrimination

(1) An individual is not excused from giving information, evidence or a statement, or producing a document or thing, under section 110ZGC on the ground that giving the information, evidence or statement, or producing the document or thing, might tend to incriminate the individual in relation to an offence.

Note: A body corporate is not entitled to claim the privilege against self-incrimination.

(2) Subsection (1) does not apply if:

(a) giving the information, evidence or statement, or producing the document or thing, might tend to incriminate the individual in relation to an offence; and

(b) the individual has been charged with that offence; and

(3) However:

(a) the information, evidence or statement given or document or thing produced; and

(b) the giving of the information, evidence or a statement, or the production of the document or thing;

are not admissible in evidence against the individual in any criminal proceedings, other than:

(d) proceedings for an offence against Part III of the Crimes Act 1914 that relates to this Part; or

(e) proceedings for an offence against this Part.

(4) If, at general law, an individual would otherwise be able to claim the privilege against self-exposure to a penalty (other than a penalty for an offence) in relation to giving information, evidence or a statement, or producing a document or thing under section 110ZGC or 110ZGE, the individual is not excused from giving the information, evidence or statement or producing the document or thing under those provisions on that ground.

Note: A body corporate is not entitled to claim the privilege against self-exposure to a penalty.

Subdivision B — Witness protections etc.

110ZHG Dismissal etc. of witness

(1) A person commits an offence if the person:

(a) dismisses an employee from employment or a defence member from the Defence Force; or

(b) prejudices an employee in the employee's employment by the person or disciplines a defence member in their capacity as a defence member;

for or on account of the employee or the defence member having:

(d) given evidence before the Commissioner; or

(e) given information or a statement, or produced a document or thing, in accordance with section 110ZGC.

Penalty: 10 penalty units or imprisonment for 1 year.

(2) Subsection (1) does not apply if the employee or defence member was dismissed, prejudiced or disciplined for some reason other than the reasons mentioned in subsection (1).

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

110ZHJ Contempt of Commissioner

(1) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct obstructs or hinders the Defence and Veterans' Services Commissioner in the performance or exercise of the Commissioner's functions or powers.

Penalty: 2 penalty units or imprisonment for 3 months.

(2) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct would, if the Defence and Veterans' Services Commissioner were a court of record, constitute a contempt of that court.

Penalty: 2 penalty units or imprisonment for 3 months.

Subdivision C — Unauthorised publication, use or disclosure of information etc

110ZHK Non-publication direction

(1) The Defence and Veterans' Services Commissioner may, in writing, direct that any of the following material must not be published, produced or disclosed or must not be published, produced or disclosed except in the manner or to the persons that the Commissioner specifies:

(a) evidence given before the Commissioner;

(b) the contents of a document, or a description of a thing, produced or given to the Commissioner;

Note: Publication in contravention of a direction under this subsection is an offence: see section 110ZHL.

(2) The Commissioner may, in writing, vary or revoke a direction under subsection (1).

(3) Without limiting subsection (1), the Commissioner may direct that the material must not be published, produced, or disclosed to:

(a) a court; or

(b) a tribunal, authority or person having power to require the production of documents or the answering of questions.

110ZHL Publication in contravention of non-publication direction

A person commits an offence if:

(a) the person publishes information; and

(b) the publication contravenes a direction under subsection 110ZHK(1).

Penalty: Imprisonment for 3 years.

110ZHM Unauthorised use or disclosure of protected information

A person commits an offence if:

(a) the person is, or has been an entrusted person; and

(b) the person uses or discloses information; and

(d) neither of the following apply:

(i) the use or disclosure is for the purposes of performing or exercising the Commissioner's functions or powers;

(ii) the information is disclosed by the Commissioner in accordance with section 110ZHN.

Note: See Part 5.6 of the Criminal Code for offences relating to secrecy of information.

Penalty: Imprisonment for 2 years.

110ZHN Authorisation to disclose information (other than intelligence information)

Authorisation to disclose

(1) The Defence and Veterans' Services Commissioner may disclose information (including personal information) to an entity specified in subsection (2) if:

(a) the information was given to the Commissioner in accordance with a notice under section 110ZGC or 110ZGE, or in accordance with section 110ZGN or 110ZGP; and

(b) the Commissioner is satisfied that the information will assist the entity to perform any of its functions or exercise any of its powers; and

(c) in the case of an entity specified in any of paragraphs (2)(k) to (m) of this subsection—the Commissioner is satisfied that the function or power mentioned in paragraph (b) of this subsection is connected with defence member or veteran deaths by suicide; and

(d) in any case—the information is not intelligence information.

(2) The entities are the following:

(a) the Attorney-General of the Commonwealth, a State or a Territory;

(b) the Australian Federal Police;

(d) the Director of Public Prosecutions;

(e) a Special Prosecutor appointed under the Special Prosecutors Act 1982;

(f) a Royal Commission or a body with functions equivalent to a Royal Commission;

(g) if the information relates, or may relate, to the contravention, or evidence of a contravention, of a law of the Commonwealth, a State or a Territory—an entity responsible for the administration or enforcement of the law;

(h) the Australian Crime Commission;

(i) the National Anti-Corruption Commissioner (within the meaning of the National Anti-Corruption Commission Act 2022);

(j) a coroner or a coroners' court;

(k) any other Commonwealth body;

(l) any other State body or Territory body;

(m) any other individual who holds any office or appointment under a law of the Commonwealth, a State or a Territory.

Coronial inquiries

(3) If the Commissioner believes that the disclosure of information under subsection (1) to an entity specified in any of paragraphs (2)(k) to (m) may prejudice a current or future coronial inquiry, the Commissioner must consider consulting:

(a) for a current coronial inquiry—the coroner conducting the inquiry; or

(b) for a future coronial inquiry—the head of the relevant coronial jurisdiction before disclosing the information.

State or Territory police investigations

(4) If the Commissioner believes that the disclosure of information under subsection (1) to an entity specified in any of paragraphs (2)(k) to (m) may prejudice current or future investigations by a police force of a State or Territory, the Commissioner must consider consulting the head (however described) of the police force of the State or Territory before disclosing the information.

Authorisation for agencies and bodies to use and disclose information

(5) An entity to which information is disclosed under subsection (1) may use and disclose the information for the purposes for which the information was disclosed under that subsection.

Contravention of a law

(6) A reference in paragraph (2)(g) to a contravention of a law is a reference to a contravention for which a person may be liable to:

(a) a criminal penalty; or

(b) a civil or administrative penalty.

110ZHP Authorisation to disclose intelligence information

Authorisation to disclose

(1) The Defence and Veterans' Services Commissioner may disclose intelligence information (including personal information) to an entity specified in subsection (2) if:

(a) the information was given to the Commissioner in accordance with a notice under section 110ZGC or 110ZGE, or in accordance with section 110ZGN or 110ZGP; and

(b) except in the case of a disclosure to the Inspector-General of Intelligence and Security—the information relates, or may relate, to the commission, or evidence of the commission, of an offence against a law of the Commonwealth, a State or a Territory; and

(c) in any case—the Commissioner is satisfied that the information will assist the entity to perform any of its functions or exercise any of its powers.

(2) The entities are the following:

(a) the Australian Federal Police;

(b) the police force of a State or Territory;

(d) the National Anti-Corruption Commissioner (within the meaning of the National Anti-Corruption Commission Act 2022);

(e) the Inspector-General of Intelligence and Security;

(f) an agency or body, or the holder of an office that is prescribed by the rules for the purposes of this paragraph.

Consultation requirement

(3) Before disclosing intelligence information under subsection (1) to an entity other than the Inspector-General of Intelligence and Security, the Commissioner must consult the following:

(a) the person mentioned in subsection (4) for the entity;

(b) the head of the Australian intelligence entity to which the information relates.

(4) For the purposes of paragraph (3)(a), the person for the entity is as follows:

(a) for the Australian Federal Police—the Commissioner of Police;

(b) for the police force of a State or Territory—the head (however described) of the police force of the State or Territory;

(d) for the National Anti-Corruption Commissioner (within the meaning of the National Anti-Corruption Commission Act 2022)—the National Anti-Corruption Commissioner;

(e) for an agency or body, or the holder of an office, that is prescribed by the rules for the purposes of paragraph (2)(f)—the person holding, or performing the duties of, the principal office in respect of the body or agency that is prescribed by the rules for the purposes of this paragraph.

(5) For the purposes of paragraph (3)(a), the consultation must cover the protection of the intelligence information while it remains in the entity's possession.

Matters to which Commissioner must have regard in disclosing information

(6) In disclosing intelligence information under subsection (1), the Commissioner:

(a) must have regard to any matter set out in an arrangement entered into with the head of the Australian intelligence entity to which the information relates; and

(b) may have regard to any other matter the Commissioner considers relevant.

110ZHQ No criminal or civil liability under secrecy provisions

Information provided in accordance with notices

(1) A person who is served with a notice under section 110ZGC (summons) or 110ZGE (Commissioner may require information etc.) does not commit an offence, and is not liable to any penalty, under a secrecy provision because the person:

(a) answers a question at a hearing that the Commissioner requires the person to answer; or

(b) gives information or a statement that the person is required to give in accordance with the notice; or

Note: A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal Code.

Information disclosed under section 110ZGN or 110ZGP

(2) A person who discloses information under section 110ZGN or 110ZGP does not commit an offence, and is not liable to any penalty, under a secrecy provision because the person disclosed information in accordance with section 110ZGN or 110ZGP.

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

Division 5 — Defence and Veterans' Services Commissioner

110ZJA The Defence and Veterans' Services Commissioner

There is to be a Defence and Veterans' Services Commissioner.

110ZJB Functions of the Defence and Veterans' Services Commissioner

(1) The Defence and Veterans' Services Commissioner has the following functions:

(a) to monitor, inquire and report on (including with evidence-based findings and recommendations) on the following:

(i) data and trends regarding suicide and suicidality among serving and ex-serving ADF members;

(ii) systemic factors relating to the Commonwealth's administration of policies, programs, systems and practices that contribute to suicide and suicidality among serving and ex-serving ADF members;

(iii) the state of the defence and veteran ecosystem, as it relates to the prevention of suicide and suicidality;

(iv) the Commonwealth's implementation of the recommendations of the Defence and Veteran Suicide Royal Commission, including progress, impact and outcomes;

(b) to conduct research and inquire into, and report and advise on, specific matters as requested by the Minister under section 110ZFB;

(c) to conduct inquiries into the Commonwealth's implementation of the Government's response to the recommendations of the Defence and Veteran Suicide Royal Commission under section 110ZFC;

(d) to improve supports for serving and ex-serving Australian Defence Force members;

(e) to collaborate with coroners to understand issues contributing to defence and veteran deaths by suicide;

(f) to promote understanding of suicide risks for defence members and veterans and factors that can improve the wellbeing of defence members and veterans, including through engaging with people with lived experiences and promoting that lived experience;

(g) any other function conferred on the Commissioner by this Act or any other law of the Commonwealth.

(2) To avoid doubt, the following are not functions of the Commissioner:

(a) to make findings of civil or criminal wrongdoing;

(b) to make findings on the manner or cause of death in relation to a death of a defence member or suspected suicide;

(3) In performing the Commissioner's functions, the Commissioner must have regard to the need to avoid prejudicing current or future criminal or civil proceedings or other contemporaneous inquiries.

Note: An example of a contemporaneous inquiry is a contemporaneous inquiry conducted by the Inspector-General ADF under section 110C of this Act.

(4) The Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of the Commissioner's functions.

110ZJC Powers of the Defence and Veterans' Services Commissioner

The Defence and Veterans' Services Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of the Commissioner's functions under this Act or any other law of the Commonwealth.

110ZJD Independence

Subject to this Act and to other laws of the Commonwealth, the Defence and Veterans' Services Commissioner:

(a) has complete discretion in the performance of the Commissioner's functions and the exercise of the Commissioner's powers; and

(b) is not subject to direction by any person in relation to the performance of those functions or the exercise of those powers.

Note: The Commissioner must comply with a request by the Minister under section 110ZFB to inquire into or advise on specific matters.

110ZJE Appointment of Defence and Veterans' Services Commissioner

(1) The Defence and Veterans' Services Commissioner is to be appointed by the Minister by written instrument.

Note: The Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

(2) The Commissioner is to be appointed on a full-time basis.

(3) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

(4) Before appointing a person as the Commissioner, the Minister must be satisfied that the person has suitable qualifications, training or experience.

110ZJF Remuneration of Defence and Veterans' Services Commissioner

(1) The Defence and Veterans' Services Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the rules.

(2) The Commissioner is to be paid the allowances that are prescribed by the rules.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

110ZJK Rules in relation to the Defence and Veterans' Services Commissioner

The rules may make provision for, or in relation to the following:

(a) acting appointments;

(b) leave of absence;

(d) disclosure of interests;

(e) resignation;

(f) termination of appointment.

110ZJL Other terms and conditions

The Defence and Veterans' Services Commissioner holds office on the terms and conditions (if any) that are determined by the Minister in relation to matters not covered by this Act or the rules.

Division 6 — Defence and Veterans' Services Commission

110ZKA Defence and Veterans' Services Commission

(1) The Defence and Veterans' Services Commission is established by this section.

(2) The Commission consists of:

(a) the Defence and Veterans' Services Commissioner;

(b) the staff of the Commission referred to in section 110ZKD.

Application of the Finance Law

(3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

(a) the Defence and Veterans' Services Commission is a listed entity; and

(b) the Defence and Veterans' Services Commissioner is the accountable authority of the Commission; and

(i) the Defence and Veterans' Services Commissioner;

(ii) the staff of the Commission referred to in section 110ZKD;

(iii) the persons assisting referred to in section 110ZKE; and

(iv) consultants engaged under section 110ZKF; and

(d) the purposes of the Defence and Veterans' Services Commission include:

(i) the functions of the Commission referred to in section 110ZKB; and

(ii) the functions of the Defence and Veterans' Services Commissioner referred to in section 110ZJB.

110ZKB Functions of the Defence and Veterans' Services Commission

The Defence and Veterans' Services Commission's function is to assist the Defence and Veterans' Services Commissioner in the performance of the Commissioner's functions under this Act or any other law of the Commonwealth.

110ZKC Powers of the Defence and Veterans' Services Commission

The Defence and Veterans' Services Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of the Defence and Veterans' Services Commissioner's functions under this Act or any other law of the Commonwealth.

110ZKD Staff

(1) The staff of the Defence and Veterans' Services Commission are to be persons engaged under the Public Service Act 1999.

(2) For the purposes of the Public Service Act 1999:

(a) the Defence and Veterans' Services Commissioner and the staff of the Defence and Veterans' Services Commission together constitute a Statutory Agency; and

(b) the Defence and Veterans' Services Commissioner is the Head of that Statutory Agency.

110ZKE Persons assisting

(1) The Commissioner may be assisted by:

(a) officers and employees of Agencies (within the meaning of the Public Service Act 1999), and of authorities of the Commonwealth, whose services are made available to the Commissioner in connection with the performance of any of the Commissioner's functions; and

(b) persons whose services are made available under arrangements made under subsection (2).

(2) The Commissioner may, on behalf of the Commonwealth, make an arrangement with the appropriate authority or officer of:

(a) a State or Territory government; or

(b) a State or Territory government authority;

under which the government or authority makes officers or employees available to the Commissioner to perform services in connection with the performance of any of the Commissioner's functions.

(3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State or Territory with respect to the services of a person to whom the arrangement relates.

(4) When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner.

110ZKF Consultants

(1) The Defence and Veterans' Services Commissioner may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Defence and Veterans' Services Commission's functions.

(2) The consultants are to be engaged on the terms and conditions that the Commissioner determines in writing.

Division 7 — Other provisions

110ZLA Other matters

The rules may make provision for, or in relation, to the following:

(a) delegation by the Defence and Veterans' Services Commissioner of powers and functions under this Part;

(b) reporting by the Defence and Veterans' Services Commissioner or the Defence and Veterans' Services Commission in relation to performance of functions and exercise of powers under this Part.

110ZLB Eligible judges

(1) In this Part:

eligible Judge means a Judge in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force.

Judge means a person who is a Judge of a court created by the Parliament.

(2) A Judge may by writing consent to be nominated by the Attorney-General under subsection (3).

(3) The Attorney-General may by writing declare Judges in relation to whom consents are in force under subsection (2) to be eligible Judges for the purposes of this Part.

110ZLC Protection of Commissioner, legal practitioners, eligible Judges and witnesses

(1) The Commissioner has, in the performance or exercise of functions or powers under this Part, the same protection and immunity as a Justice of the High Court.

(2) A legal practitioner assisting the Commissioner or appearing on behalf of a person at a hearing before the Commissioner has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

(3) An eligible Judge has, in relation to the performance or exercise of a function or power conferred on an eligible Judge by this Part, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

(4) Subject to this Part, a person appearing as a witness at a hearing, or giving or producing information, evidence, a statement, a document or thing under section 110ZGC or 110ZGE, has the same protection as a witness in proceedings in the High Court.

110ZLD Rules

(1) The Minister may, by legislative instrument, make rules prescribing matters:

(a) required or permitted by this Part to be prescribed by the rules; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.

(2) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Part;

(e) directly amend the text of this Part.

110ZLE Review of the operation of this Part

(1) The Minister must cause an independent review of the operation of this Part to be undertaken as soon as practicable after the end of the period of 36 months after the commencement of this Part.

(2) Without limiting subsection (1), the review must consider:

(a) the effectiveness of the functions and powers of the Defence and Veterans' Services Commissioner and the Defence and Veterans' Services Commission to achieve the objects of this Part; and

(b) whether it would be appropriate to provide for the future operation of the Defence and Veterans' Services Commissioner and the Defence and Veterans' Services Commission in standalone legislation.

(3) The persons who undertake the review must give the Minister a written report of the review within 6 months of the commencement of the review.

(4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

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PARLIAMENTARY COUNSEL

Statement of reasons: why certain amendments should be moved as requests

Section 53 of the Constitution is as follows:

Powers of the Houses in respect of legislation

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

Amendment (2)

The effect of this amendment is to establish the office of the Defence and Veterans' Service Commissioner, a new public office within the meaning of Part II of the Remuneration Tribunal Act 1973. It is covered by section 53 because it will increase the amount of expenditure out of the Consolidated Revenue Fund under the standing appropriation in subsection 7(13) of that Act.

______

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment (2)

If the effect of the amendment is to increase the amount of expenditure under subsection 7(13) of the Remuneration Tribunal Act 1973, then it is in accordance with the precedents of the Senate that the amendment be moved as a request.

I will provide a brief explanation of each of these. The government does seek to bring forward three additional amendments, as I indicated in my second reading contribution, and the decision to do so follows the Senate inquiry into this bill, the release of the final report of the Royal Commission into Defence and Veteran Suicide, the advocacy from the veterans community, and consultation with the opposition, the Jacqui Lambie Network and the Australian Greens.

The government moves an amendment on sheet ZA257 where a new provision is to be inserted to provide for a Senate foreign affairs and defence committee to initiate a review on the VETS bill changes, to be conducted 12 months after the act commences. There will be broad scope to review all aspects of the reform, specifically how well the changes to the legislation framework have been implemented in the evolution of the veterans compensation and support system, and the intent is to provide an assurance mechanism that the objectives are being achieved and the processes and functions are performing in line with community expectations. We consider that having a review scheduled in advance through legislation demonstrates the government's commitment to transparency, accountability and responsiveness.

The second government amendment, which is on the same sheet, ZA257, relates to one of the changes originally proposed in the bill, relating to lump-sum payments to veterans with severe impairment in relation to their children under section 80 of the MRCA. This compensation is for the additional financial strain of raising children impacted by the service of their veteran parent. The lump sum is currently paid to the veteran regardless of which parent has actual parental responsibilities for the child or children. The VETS bill initially set out changes to allow the lump sum to be paid to the primary carer of the child, which may be the veteran or another person. Feedback on the bill highlighted that the original drafting limited payment to only one parent, rather than allowing for apportionment based on actual caring and family arrangements. In response to this feedback, the government proposes that the VETS bill be amended to account for all combinations of caring arrangements in veterans' families and provide for the lump sum to be apportioned where necessary.

An instrument-making power will be inserted for the Repatriation Commission to prescribe the criteria and requirements for determining the payees as well as their share of the compensation amount, in a manner similar to other government payments, such as family tax benefit and DVA education allowance payments under the MRCA. The revised approach, to be reflected in section 80 of the MRCA, recognises that there are varying caring arrangements that may apply in the community and ensures there is appropriate flexibility to provide support to separated families.

The final government amendments, on sheet ED101, are proposed in response to recommendation 122 of the final report from the Royal Commission into Defence and Veteran Suicide. As this bill was still before the parliament when the government delivered our formal response to the final report, on 2 December 2024, and, recognising the urgency veterans attach to this recommendation, we're taking this opportunity to legislate to implement this recommendation as a priority.

I spoke a little about this in my second reading contribution, but I note also that the government has recently announced the appointment of Mr Michael Manthorpe PSM as the interim head of the Defence and Veterans Services Commission, to commence work on getting the commission up and running. The interim commissioner will also be able to advise government before the statutory role commences in September 2025, as recommended by the royal commission, on any improvements to this legislation that may be required.

As the senators would be aware, the government has already established a taskforce in the Department of the Prime Minister and Cabinet which will draw on expertise from across government as well as external experts to consider matters of detailed implementation of the government's response to the final report, including further work regarding recommendations that were noted.

The independence of the commissioner is assured by the ability to always conduct an inquiry of their own volition regardless of any direction of the minister. The remit of the commissioner follows that which was set by the royal commission, including the use of the term 'ecosystem', which is deliberately broad and not confined by further definition but would include non-government organisations, such as ex-service organisations and service providers, as well as defence and veteran families in the context of the overall purpose and functions of the commission, with a systems view of defence and veteran suicide prevention and wellbeing. Implementing the government's response to the royal commission will result in the most comprehensive reform ever undertaken to the culture, systems and processes across the Department of Defence, the Australian Defence Force and the Department of Veterans' Affairs to prevent suicide and improve mental health and wellbeing of serving personnel and of veterans.

I thank all of those who have worked productively with the government on this bill—the opposition, the Jacqui Lambie Network, the Australian Greens and their staff—and I thank you also for recognising the significance of this bill. The transformative reforms in this bill are only possible because of the support and the engagement that has been received from all sides of politics. And, again, I acknowledge the significance of supporting our service personnel, our veterans and their families. I thank those veterans, veteran families, ex-service organisations and experts who have contributed to the development of this legislation. It will benefit the veteran community for generations to come, and I commend these amendments to the Senate.

6:05 pm

Perin Davey (NSW, National Party, Shadow Minister for Water) Share this | Link to this | Hansard source

by leave—I move:

(1) Amendment (1), omit "substitute '4'", substitute "substitute '5'".

(2) Amendment (2), subclause 4(1), omit "A Senate Standing Committee on Foreign Affairs, Defence and Trade", substitute "The Senate Foreign Affairs, Defence and Trade Legislation Committee".

(3) Amendment (2), after clause 4, insert:

5 Review of amendments in Schedule 9

The Senate Foreign Affairs, Defence and Trade Legislation Committee must:

(a) begin a review of the amendments in Schedule 9 to this Act as soon as practicable after the day this Act receives the Royal Assent; and

(b) report the Committee's findings to the Senate by 29 August 2025.

While we support the government's amendments, we are moving these amendments to include a review, should it pass, of the veterans commissioner to be. The reason why we believe this review must take place is that their amendment, which would add schedule 9 to the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024, has come about at the last minute. There has been a lack of consultation.

The veterans community was taken by surprise when they read about their amendment. The veterans community has been engaged from the outset of developing this bill. They have participated in good faith. They participated in the recent Senate inquiry into the substantive bill, at which time this commissioner was not foreshadowed. At that point in time, the veterans community understood that an interim commissioner had been appointed who would work on developing a framework for a legislated commission to be in place by September this year.

Their amendment fast-tracks that process and puts the cart before the horse, so to speak, and veterans have not been consulted. Veterans are gravely concerned about what it means and how it will be rolled out. So, briefly, we are moving these amendments to ensure that the Senate can undertake the due diligence and scrutiny that should have happened with an amendment of this scale. I commend our amendments to the amendment to the chamber.

Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Link to this | Hansard source

For clarity, I simply wanted to indicate that, as I understand it, we are presently debating the amendments on ZA257, sheet 3322 and also ED101, and I just wanted to confirm that that is a shared understanding across the chamber.

6:10 pm

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

I'll speak to that bevy of amendments. To be clear, the Greens are grateful for the minister's consultation in terms of the review. We think that it's important that the review be undertaken almost in real time as these amendments are being rolled out. The original proposition was to have a review which would happen significantly after the commencement of the act. The amendments on sheet ZA257, moved by the government, will see the review begin as soon as practicable and within a period of no more than 12 months after the act commences.

It is almost certain, with legislation this complex, that there will be unintended consequences. We think picking them up as early as possible is critically important. We note the breadth of the review proposed to be run by one of the Senate standing committees on foreign affairs, defence and trade, and, again, we're grateful for the government engaging with us and with veterans and listening. We think this review will be both timely and essential.

When it comes to the opposition's amendments—we will end up supporting them, on balance—part of the difficulty we've confronted is that there will then be multiple reviews running, potentially, in parallel. Remember that separate to this we also have the process being undertaken by Mr Manthorpe, who's been engaged by the government to consider what the commission should look like, in implementing recommendation 122 of the royal commission. Since the engagement of Mr Manthorpe, we've now had the government's amendments to form schedule 9, which will institute the commission. So we have these amendments, which we will end up supporting, to institute a commission for oversight, in accordance with recommendation 122; we'll have Mr Manthorpe engaging in a process of determining what that commission should look like; and we'll have the review, by one of the Senate committees for foreign affairs, defence and trade, into what the commission should look like and how recommendation 122 should be implemented. Then we'll also have that Senate standing committee do the broader review some 12 months after the commencement of the act.

I think cooperation between the different parties and the government will be desperately needed in the new parliament to ensure these processes aren't tripping over each other and to ensure we're not putting veterans through multiple different parallel processes. The committee's review of the commission, I think, is essential. How that works with Mr Manthorpe's review, I think, is going to have to be a work in progress. We'll have to make that happen. The broader review of the amending bill itself is also essential.

I want to say clearly to those veterans who are somewhat confused about the multiple hounds running off at the same time as a result of these different reviews that I accept your confusion and I understand why you're confused. I think we all have an obligation to make sure these processes are not tripping over each other and to ensure, as best as possible, that common submissions can be considered and, if possible, that the two reviews run by the standing committee don't replicate the work but are focused and don't put veterans through unnecessary process.

Glenn Sterle (WA, Australian Labor Party) Share this | Link to this | Hansard source

If there are no further questions, I'll put the question. The first question is that the opposition's amendments on sheet 3322, to government amendments (1) and (2) on sheet ZA257, be agreed to.

Question agreed to.

The next question is that the government amendments on sheet ZA257, as amended, and the amendment and request for an amendment on sheet ED101 be agreed to.

Question agreed to.

The TEMPORARY CHAIR: I will now deal with the Committee of the Whole amendments and the request for amendments as circulated by the Australian Greens.

6:15 pm

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

by leave—I withdraw the Greens amendments on sheet 3149.

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

I seek leave to withdraw Jacqui Lambie Network amendments on sheets 3059 and 2912.

Leave granted.

I withdraw the amendments and I seek leave to move committee of the whole amendments standing in my name on sheets 2910, 3051, 2913 and 3049.

Leave granted.

I move:

SHEET 2910

(1) Schedule 1, heading to Division 4 of Part 3, page 51 (line 13), at the end of the heading, add "or while at work etc.".

(2) Schedule 1, item 112, page 51 (after line 26), after paragraph 28(1)(ea), insert:

(eb) the death occurred, or the injury or disease from which the person died was sustained or contracted, while the person was:

(i) at the person's place of work (other than civilian work); or

(ii) temporarily absent from the person's place of work (other than civilian work) during an ordinary recess in that work;

(3) Schedule 1, item 113, page 52 (line 2), after "(ea)", insert ", (eb)".

(4) Schedule 1, page 52 (after line 2), after item 113, insert:

113A Subparagraph 29(1)(a)(i)

Omit "service injury or service disease", substitute "injury or disease".

(5) Schedule 1, item 114, page 52 (line 6), after "(ea)", insert ", (eb)".

(6) Schedule 1, item 115, page 52 (line 10), after "(ea)", insert ", (eb)".

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SHEET 3051

(1) Page 1 (before line 5), before clause 1, insert:

Part 1 — Preliminary

(2) Clause 2, page 2 (table item 1), omit "Sections 1 to 3", substitute "Parts 1 and 2".

(3) Page 3 (after line 5), after clause 3, insert:

Part 2 — Research into veteran health and wellbeing

Division 1 — Preliminary

5 Definitions

(1) In this Part:

defence member means a member of the Defence Force.

Defence Minister means the Minister administering section 1 of the Defence Act 1903.

Department of Defence means the Department administered by the Defence Minister.

Department of Veterans' Affairs means the Department administered by the Veterans' Affairs Minister.

Expert Committee means the Expert Committee on Veteran Research established by section 9.

veteran means a person who has served, or is serving, as a member of the Permanent Forces or as a member of the Reserves.

Veterans' Affairs Minister means the Minister administering the Veterans' Entitlements Act 1986.

(2) In subsection (1), the following terms have the same meaning as in the Defence Act 1903:

(a) Defence Force;

(b) Permanent Forces;

6 Departments to which this Part applies

This Part applies to:

(a) the Department of Defence; and

(b) the Department of Veterans' Affairs.

Division 2 — Research into veteran health and wellbeing

7 Research workplans

(1) A department to which this Part applies must prepare a research workplan.

Content of research workplans

(2) A research workplan must:

(a) outline the immediate research priorities of the department in relation to issues affecting the health and wellbeing of defence members and veterans; and

(b) outline the long-term research goals and priorities in relation to issues affecting the health and wellbeing of defence members and veterans; and

(c) include information on any planned research activities and research that is currently being undertaken under each research priority outlined under paragraph (a), including the timeframes for the completion and publication of the research; and

(d) identify any current evidence gaps that are apparent in relation to a priority or goal under paragraphs (a) or (b) and detail action that is required or planned to address those gaps; and

(e) establish frameworks for the routine release of information held by the department to external researchers.

(3) In determining the research priorities to be outlined in a research workplan the department must consult the following:

(a) defence members and veterans;

(b) researchers in relevant fields of academic study relating to issues affecting the health and wellbeing of defence members and veterans;

First research workplan

(4) The first research workplan prepared by a department under this section must be completed before the end of the period of 3 months starting on the day this Part commences.

Research workplans to be updated annually

(5) A department that has prepared a research workplan under this section must update the research workplan annually taking account of the following:

(a) any research activities undertaken during the year under each research priority outlined in the research workplan;

(b) any new research activities that are planned to be undertaken;

(d) the outcome of periodic reviews of research priorities undertaken under subsection (6).

Periodic review of research priorities

(6) Periodic reviews are to be undertaken of the research priorities outlined in research workplans prepared under this section.

(7) The purpose of a periodic review undertaken under subsection (6) is to ensure research priorities outlined in a research workplan remain relevant to the strategic direction of the veteran support system.

(8) A periodic review must be completed by the end of each of the following periods:

(a) the 3 year period that starts when the first research workplan prepared under this section is published;

(b) each later 3 year period.

Publication and tabling of research workplans

(9) A department that has prepared a research workplan must:

(a) publish the research workplan on the department's website as soon as reasonably practicable after the workplan has been prepared; and

(b) give a copy of the research workplan to the Defence Minister or Veterans' Affairs Minister (as the case requires).

(10) The Defence Minister or the Veterans' Affairs Minister (as the case requires) must cause a copy of a research workplan to be tabled in each House of the Parliament within 15 sitting days of that House after the research workplan is given to the minister.

(11) To avoid doubt, subsection (9) applies to a research workplan that has been updated by a department under subsection (5).

8 Research findings are to be published

(1) Subject to subsection (2), a department to which this Part applies must publish on the department's website the findings of any research undertaken in accordance with a research workplan.

(2) Subsection (1) does not apply to research, or parts of research, that includes information the disclosure of which would involve genuine legal, commercial or national security sensitivities.

(3) It is the intention of the Parliament that research that is to be published in accordance with subsection (1) should be subject to review by independent researchers, including by the Expert Committee, prior to publication.

Division 3 — Expert Committee on Veteran Research

9 Establishment

(1) The Expert Committee on Veteran Research is established.

(2) The Veterans' Affairs Minister is to determine in writing the composition of the Expert Committee, including the qualifications of its members.

(3) The Veterans' Affairs Minister is to appoint the members of the Expert Committee on a part-time basis, and must appoint one of the members to chair the Expert Committee.

(4) A person must not be appointed as a member of the Expert Committee unless the Veterans' Affairs Minister is satisfied that the appointment of the person would ensure that the Expert Committee members collectively:

(a) include members who are experts from government, academia and the private sector with an appropriate balance of skills and experience across the following areas:

(i) military and veterans' affairs;

(ii) injury and illness prevention, including work health and safety;

(iii) mental and physical health care;

(iv) rehabilitation;

(v) family support and other compensation systems or social insurance schemes.

(b) include members with lived experience of:

(i) service life; or

(ii) suicidality; or

(iii) poor mental health.

10 Functions of the Expert Committee

The functions of the Expert Committee in relation to a department to which this Part applies are:

(a) to provide input to the department in the development of research priorities and research workplans; and

(b) to monitor the outcomes of a research workplan; and

(c) to provide advice to the department on research and evaluation matters relevant to improving the wellbeing of defence members and veterans.

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SHEET 2913

(1) Schedule 1, Part 3, page 69 (after line 36), at the end of the Part, add:

Division 15 — Time limits for determining certain claims

Military Rehabilitation and Compensation Act 2004

204 At the end of Part 2 of Chapter 7

Add:

343A Time limit for determining certain claims

Claims for compensation for permanent impairment

(1) If a person makes a claim under section 319 for compensation under Part 2 of Chapter 4 (permanent impairment), the Commission must determine the claim by the end of the period of 120 days (the consideration period) beginning on the day the claim is made.

(2) If the Commission does not determine the claim by the end of the consideration period, the Commission is taken to have accepted the claim.

Claims for compensation for incapacity

(3) If a person makes a claim under section 319 for compensation under Part 3 or 4 of Chapter 4 (incapacity), the Commission must determine the claim by the end of the period of 90 days (the consideration period) beginning on the day the claim is made.

(4) If the Commission does not determine the claim by the end of the consideration period, the Commission is taken to have accepted the claim.

Stopping the clock

(5) If the Commission requests further information in relation to a claim for compensation under Part 2, 3 or 4 of Chapter 4, the time taken for the Commission to receive the further information is not to be included in the relevant consideration period.

_____

SHEET 3049

(1) Schedule 3, item 10, page 131 (line 29), omit "other than", substitute "including".

(2) Schedule 3, item 10, page 132 (lines 1 to 3), omit subsection 352G(3).

(3) Schedule 3, item 10, page 152 (line 11) to page 153 (line 14), section 353L to be opposed.

6:17 pm

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

I ask that the amendment on sheet 2910 be put separately.

Glenn Sterle (WA, Australian Labor Party) Share this | Link to this | Hansard source

The question is that section 353L in item 10 of schedule 3—amendment (3) on sheet 3049—stand as printed.

Question agreed to.

The TEMPORARY CHAIR: The question is that the Jacqui Lambie Network amendments on sheet 2910 be agreed to.

Question negatived.

The TEMPORARY CHAIR: The question is that the Jacqui Lambie Network amendments on sheets 2913 and 3051 and amendments (1) and (2) on sheet 3049 be agreed to.

6:26 pm

Glenn Sterle (WA, Australian Labor Party) Share this | Link to this | Hansard source

The time for debate on the bill has expired.

Senate debates

Wednesday, 12 February 2025

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Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024; In Committee