House of Representatives

Second Reading Speech

Mrs Vale (Minister for Veterans' Affairs and Minister Assisting the Minister for Defence)

I move:

That this bill be now read a second time.

This bill makes various amendments to Defence legislation. It also makes consequential amendments to other Commonwealth legislation. The amendments indicate the government's ongoing commitment to the defence organisation and service personnel.

The bill will:

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increase the penalties for breaches of sections 80A and 80B of the Defence Act, relating to persons who falsely represent themselves to be returned service personnel, or improperly use service medals or decorations;

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make various amendments to the Defence Force Discipline Act, including the implementation of recommendations made by Brigadier Abadee, the Deputy Judge Advocate General, in relation to the military discipline system;

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make amendments to modernise the titles of the Cadet Corps;

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clarify the regulation-making powers in relation to Defence inquiries;

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make amendments to the Defence Force (Home Loans Assistance) Act to permit certain classes of ex-members of the Australian Defence Force to apply for a home loan subsidy beyond the current two-year eligibility period for claiming assistance; and

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correct two minor drafting errors.

All the measures are outlined in the bill's explanatory memorandum.

There are two major measures included in the bill.

The first relates to changes to increase the penalties for improper use of service medals and decorations and for false representation as returned service personnel. These changes reflect the gravity of the concern of the government and the wider community with practices that are unlawful, deceitful and disrespectful of our veterans and service personnel.

The bill increases the penalty for wrongly claiming to be a returned soldier, sailor or airman, or for wearing a medal or decoration to which a person is not entitled, from a $200 fine to a maximum penalty of $3,300 and/or six months imprisonment. The Defence Act already makes it clear that an exception to this penalty is where a family member, who does not claim to have been awarded the medal or decoration, is wearing the medal or decoration. The bill also increases the penalty for destroying or defacing a medal or decoration from a fine of $200 to a maximum fine of $6,600 and/or 12 months imprisonment.

Persons falsely claiming defence service they did not undertake or complete, or medals or decorations they were not entitled to, are disrespectful to real veterans and defence personnel. Our veterans and serving personnel are held in the highest regard by our community. Their service and sacrifice deserves strong protection from those who wrongly seek to claim the same honour and respect. The government delivers this protection through these increases in penalties.

The second measure deals with changes to the Defence Force Discipline Act. The most significant changes to the act give effect to the recommendations of Brigadier Abadee, who is also a justice of the Supreme Court of New South Wales. Brigadier Abadee was commissioned by the Chief of the Defence Force to make recommendations to ensure that the military discipline system satisfies contemporary standards of judicial independence and impartiality. The changes to the Defence Force Discipline Act implement the necessary measures to achieve that aim.

The bill will eliminate the multiple roles of convening authorities to ensure that the officer who convenes a court martial, or refers a charge to a Defence Force magistrate for trial, has no role in the subsequent review of the outcome.

The bill will also provide that the Judge Advocate General will be responsible for nominating officers to act as judge advocates for courts martial and for nominating officers as Defence Force magistrates for trials, rather than the current procedure which involves such appointments being made by the military chain of command.

In addition, the bill will enable the Judge Advocate General to appoint the president and members of courts martial as opposed to the chain of command, and create the statutory position of Chief Judge Advocate. The Chief Judge Advocate will assist the Judge Advocate General in the execution of the functions and powers of the Judge Advocate General's office. This will be in addition to the Chief Judge Advocate sitting as a Defence Force magistrate or a judge advocate at a court martial. I commend the bill to the House and present the explanatory memorandum to this bill.

Debate (on motion by Mr Cox) adjourned.