Address to Parliament - Defence Legislation Amendment (Discipline Reform) Bill 2021

Discipline in the military is critical to the success of the Australian Defence Force—it almost goes without saying, but it is so very, very true. The men and women who don an ADF uniform are made of special stuff, the right stuff. They are disciplined beyond any measure in civilian life and they need to be. Rigid training hones the discipline in them. The Defence Legislation Amendment (Discipline Reform) Bill 2021 updates the Defence Force Discipline Act to enhance the management of disciplinary matters within the ADF. These are good amendments; these are timely.

Our ADF is always under pressure; that's the very nature of the critical role it plays and this is certainly so today. Our military personnel, from the Chief of Defence right through to the newest recruit, are also the very best in the world at what they do. I have been lucky enough to visit Al Minhad Air Base, Camp Baird, in the United Arab Emirates twice. The first time was in August 2014 and then again in October 2019. On both occasions, and I had the opportunity to speak to military personnel from other allied nations, I was told that our ADF men and women are the ones they want to serve alongside. Australian men and women are regarded highly for their courage in combat, ingenuity, service, respect, integrity, excellence and discipline.

Of course, ADF personnel are only human. Whether they are old hands in the Special Air Service Regiment or are on their first posting after marching out of recruit training, they still have human frailties. They make mistakes; they err. No-one is perfect, and whether it's an undisciplined act or something of a more serious nature that requires their superiors to intervene then commanders need the tools and the guidelines to enable them to make the right call every time. These amendments do just that.

I have a little historical context—and it's not that ill discipline began at this point; I'm not saying that at all and I'm not suggesting that in any way, shape or form—an interesting anecdote, nonetheless, as part of this debate. But before going into that narrative, I would point out that air forces, armies and navies have been instilling discipline and meting out military punishments for breaches since the start—since that long line of khaki which happened well before Gallipoli.

It annoys me that we have some modern military 'historians' who wish to put 21st century slants and revisits, and rewrite such things as Anzac legends, simply to sell a book. Then, there are some journalists and media organisations who are quick to besmirch the good names and reputations of our SAS and others when they are only in possession of half the facts or none at all. The old saying 'I wouldn't want to be in the trenches with that person' certainly applies in these cases. The SAS does so much to protect this nation and to assist other nations. They are the best of the best.

Some of the media coverage attempting to tarnish the names of some soldiers because of a song played at a funeral is, quite frankly, beyond the pale. It's so typical of a society prone to catastrophise the very, very smallest of issues. And those of us who are fortunate enough to have never experienced the physical and mental pressure of a soldier involved in active combat and the subsequent lifelong bonds held between brothers and sisters in arms should not be so quick to assume the worst in people or throw wild accusations which effect the whole, instead of perhaps a few.

As I stated, there is a fascinating piece in relation to the military and disciplinary procedures from way back—although it seems like only yesterday—in my local newspaper, The Daily Advertiser, and I was working there at the time. In the edition of Thursday 14 February 1985, there was an article highlighting the fact that women had just entered recruit training at the first recruit training battalion, Kapooka, Blamey Barracks, the home of the solider. The article said:

The first Australian women to train alongside men in the army arrived at Kapooka last night.

Two buses, one from Sydney and one from Melbourne, delivered 48 new recruits who will go through an intensive training period for the next 11 weeks.

The women, whose average age is 18, will undergo virtually the same training as the men. The only difference is that hand grenade throwing has been completely ruled out—because that is combat related—and there are slight variations on physical requirements.

That, I am thankful to say, has changed. The article continues:

Next week the new recruits will rise at 5.45am to start training drills, field and bush exercises and weapon handling.

The Kapooka recruits form Delta Company and yesterday's arrivals will be known as 31 Platoon. Recruits have come from all over Australia and have signed for three or six-year terms.

The first busload from Melbourne arrived at 5.50pm and the girls shuffled out to prepare for their first taste of army life—standing at attention during a roll call. The second busload arrived from Sydney at 7.20pm. After the roll-call the women dragged heavy suitcases to the barracks, their new home for the next 11 weeks. That period will not be easy one, according to Royal Australian Army ordinance corps Major Bob Antonis.

He said training and night study will mean a 17-hour day for the new recruits and there wouldn't be "time for them to fraternise".

Although the women will be billeted in a barracks less than 50 metres from male soldiers, a "hands off" warning has been issued. An officer spoken to last night would not specify what punishments would be carried out for those disobeying the warning but agreed guilty male soldiers could be in a great deal of trouble.

Senior army officers did not allow us to speak to the recruits when they arrived last night. However, one recruit spoken to in Melbourne yesterday was enthusiastic about her new career.

Helen Jones, 20, from the Victorian town of Portsea, signed on for six years. Recruit Jones has had 18 months experience in the Army Reserve. "I realised I wanted more after being in the Army Reserve," she said.

    …   …   …

Delta Company will be under the command of Lieutenant Jill Curry and 31 Platoon leader is Sergeant Gail Legge.

After the 11-week training period the recruits will decide which army trade they will undertake.

The next batch of recruits, 32 Platoon, will arrive in four weeks.

One wonders what happened to those recruits, but it was a proud day when those women arrived at Kapooka. And, indeed, the little anecdote about the fact that there was going to be very strict rules enforced as far as 'fraternising', as the journalist Steve Connolly called it, no doubt that was carried out, because Kapooka has always been the home of the soldier but the home of discipline as well. I'm proud to say it's in my electorate of Wagga Wagga and it does a great job.

Successive commanders have ensured that the discipline has been what it needs to be at Kapooka. Indeed, this amendment improves the management of disciplinary issues in the entire Australian Defence Force. The act enables commanders in the ADF to ensure and enforce military discipline, and ensure the safety and wellbeing of servicemen and women.

I'm pleased that the amendment will result in a military discipline system that is going to be more efficient and easier to understand and, perhaps most importantly, to use. It will reduce needless delays, while also being fair to those involved. This was a point made by the member for Stirling in his contribution to this debate on Monday. He talked about the fact that it will result in a system that will be far easier to use, and it will reduce unnecessary delays. He should know. Having served in the Australian Army, he would know this. He said:

This is important, because if somebody has a pending infringement hanging over them for months or, potentially, longer then it can impact, certainly, their morale and that of the rest of the unit, and their ability to attend promotional courses and other training activities as well. So it's really important that we get in and deal with infringements quickly when they occur.

Morale is something that is so critical in the ADF. I do acknowledge not only the member for Stirling, but other members in this place who have served. Parliamentarians who have come here having given service in the military, I commend them. We say always thank you to them and to all of those who have served, who are serving and those who will potentially pull on a uniform in the future.

The majority of breaches covered by the DFDA are of a uniquely military nature. They range from offences that are operational matters, right through to being late for work—and sometimes being late for work can be a serious breach. Unlike other occupations where you could be five or 10 minutes late, in the Defence Force this can be a critical error. Serious criminal offences or other illegal conduct can be referred to civilian authorities, such as the civilian police. It is critical that breaches of discipline are resolved expeditiously—and fairly!—to maintain morale, as the member for Stirling pointed out, and to ensure good order and fighting capability.

We need to, at all times, maintain an operationally capable Defence Force with the absolute highest levels of professional competence, and we do; commitment, and we have; and discipline, both on and off duty. As I say, we can be very proud—and we are—of those people who pull on a uniform, because the service and sometimes the sacrifice they make is the ultimate. What they do for and on behalf of our nation in difficult times is beyond measure, and we should be very thankful—not just on Remembrance Day, Armistice Day, or on Anzac Day, but on every single day.

This bill will provide commanders within the ADF the necessary tools to better carry out their mission. It will reform the ADF's military discipline system, and in particular—and this is important—the lower level summary system and disciplinary infringement scheme so that we do have that ability to get these matters resolved quickly, because resolving these matters quickly is what it is all about. It will make it easier to use the act when dealing with minor disciplinary matters, particularly when deployed on operations. When members are out in the field and things are alleged, they can be resolved quickly and amicably and everybody can get on with what they need to do. It will build on what is working well, and that's important. The disciplinary infringement scheme, by enabling a broader range of minor breaches in military discipline to be managed faster and simply as disciplinary infringements, rather than as the service offences, which are intricate, adversarial, court-like procedures, that currently apply.

This will also provide a more formalised and better structured discipline hierarchy based on the seriousness of the offending, available punishments, rank of the individual—that's critical too—and the seniority of the discipline authority.

As well, the changes introduce several new service offences relevant to the modern ADF. The new service offences to be introduced include, I'm pleased to say: cyberbullying and the related offence of failure to comply with a removal order concerning cyberbullying material; failing to perform a duty or an activity; and failing to notify a change in circumstances when in receipt of a benefit or entitlement. The cyberbullying aspect of this amendment is so critical. We are in a new era where mobile phones can be used, dare I say in the context of this debate, as weapons. People do not need to have some things filmed and then shared amongst colleagues. It makes it so much more critical when you are in either close quarters or close confines with work colleagues, as the unique nature of military service provides. I'm very pleased, and I know that the parliament will also be keen, to see this measure adopted as part of this amendment.

The changes build on the very successful and highly regarded disciplinary infringement scheme. They will provide more opportunity for our people to choose to have a wider range of minor breaches of discipline dealt with in a less confronting manner than before with the more formal, court-like and adversarial summary authority tribunals. This reduces stress on all involved. What we want and what we are going to get through these amendments is a better discipline system managed well and done properly. I commend the amendment to the House.