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Wednesday, 21 March 2012
Page: 2453

Military Justice

Senator JOHNSTON (Western Australia) (14:54): My question is to the Minister representing the Minister for Defence, Senator Evans. I refer the minister to comments made by the then Minister for Defence, Senator Faulkner, on 26 August 2009, when he announced that a priority for the government was to establish a new federal court, the Military Court of Australia, under chapter III of the Australian Constitution. Why has the government let this important matter sit on the backburner since Minister Smith unfortunately assumed the role as Minister for Defence?

Senator CHRIS EVANS (Western Australia—Minister for Tertiary Education, Skills, Science and Research and Leader of the Government in the Senate) (14:55): I thank Senator Johnston for the question. I acknowledge that he shares my interest in the question of military justice, as we served together on the Senate committee that, in a sense, kicked off the debate about the appropriate arrangements for managing and prosecuting offences in the Australian military. I do not have an up-to-date brief on these matters as to the progress on the changes to the court structures. As the senator is aware, the Howard government did not accept the recommendations of the Senate committee but went down a different path and then found that that was overturned in the courts. As a result, this government set about establishing a system much more closely aligned with the recommendations of the Senate committee. But I do not have an update with me. The staff may be able to hand me something that may assist me to deal with your supplementary question. If so, I might be able to give you some more specific information. If not, I suspect you will get the same answer for the supp. If I get something, I might be able to help you.

Senator JOHNSTON (Western Australia) (14:56): Mr President, I ask a supplementary question. I refer the minister to the fact that then Attorney-General Robert McClelland and then Minister for Defence Senator Faulkner announced on 25 May 2010 that it was anticipated that the new court would commence operation in late 2011. Has the relationship between the Minister for Defence and the Defence hierarchy broken down to such an extent that this minister is incapable of even getting this legislation onto the Notice Paper and into the parliament?

Senator CHRIS EVANS (Western Australia—Minister for Tertiary Education, Skills, Science and Research and Leader of the Government in the Senate) (14:57): Not only is honesty the best policy but it also allows the staff to respond quickly. I can provide the Senate with some more information although I reject the inappropriate assertion in his supplementary question. It is the case that the issue has been delayed. It is a significant and complex task. I understand that the minister has been working closely with the Attorney-General to resolve a number of difficult policy issues to enable the military court to best serve the military justice needs of the ADF, and I understand that the bills are planned to be introduced in the autumn sittings this year. Once the Military Court of Australia legislation has passed, it is the case that we think an implementation period of up to 10 months may be required to allow for court procedures, rules and judicial appointments to be made. But the government remains committed to the reforms that— (Time expired)

Senator JOHNSTON (Western Australia) (14:58): Mr President, I ask a further supplementary question. Will the minister confirm that the autumn session this year is the projected time for the entry of the legislation for an Australian military court into this parliament?

Senator CHRIS EVANS (Western Australia—Minister for Tertiary Education, Skills, Science and Research and Leader of the Government in the Senate) (14:58): I will take the question on notice and get back to the senator if this is not correct, but the latest advice I have is that the bills are planned to be introduced in the autumn sittings. As I said, they had been delayed because of some complex policy issues that were being worked on by the Attorney-General and the Minister for Defence in seeking to make sure that we get it right. As you know, the previous Howard government's legislation was not successful and this government has sought to implement the Military Court of Australia Bill and the Military Court of Australia (Transitional Provisions) Bill as an important step towards improving the military justice system in Australia. As I say, if that advice needs to be updated I will get back to the senator quickly.