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Wednesday, 11 August 1999
Page: 7295


Senator IAN CAMPBELL (3:59 PM) —I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard .

Leave granted.

The speech read as follows

This bill makes various amendments to Defence legislation which are associated with the Government's commitment to improving the management and administration of the Defence organisation.

The first set of amendments made by the bill establishes a urinalysis drug testing scheme. This will apply to members of the Australian Defence Force who undertake combat and combat-related duties, and forms a key element of the Defence Force's `No Drugs' policy. The scheme will help to ensure that members of the Defence Force will continue to discharge their duties in a safe, efficient and effective manner.

Selection for testing will be made on a random basis. Safeguards will ensure the dignity and privacy of the members to be tested, and ensure that they are notified of the testing requirements and results. Samples will be forwarded to an Australian Standards accredited laboratory for testing for illegal drugs such as Cocaine, Opiates, Cannabinoids and Amphetamines.

Commanding Officers will initiate administrative action against individuals detected using illegal drugs under this scheme. Administrative action will include an assessment by a qualified medical practitioner of the individual's fitness for further service. Other administrative action that can be taken against a member includes reduction in rank as well as posting action. However, members who are detected using illegal drugs under the scheme will not be charged under the Defence Force Discipline Act, given the range of administrative action that can be taken against them.

The second set of amendments:

enable the Chief of the Defence Force, the Vice Chief of the Defence Force, the Chief of Army and the Chief of Navy to be transferred to the Reserves, on the expiration of fixed term appointments; and

enable officers who are subject to limited-tenure promotion or management initiated early retirement to be transferred to the Reserves on the expiration of the limited-tenure promotion or relevant management initiated early retirement period.

2.

At present, these officers must as a general rule be retired at the expiration of these periods. As an alternative, the amendments will enable them to be transferred to the Reserves before the expiration of these periods, where they request this action.

These amendments will maintain access to these officers' expertise, and avoid the more cumbersome present requirement of an officer being first retired from the Defence Force and then appointed to the Reserves under separate processes. The retention of these officers in the Reserves will also enhance the Defence Force's capacity for rapid expansion should an emergency situation develop at some stage in the future. Corresponding amendments will be made to the regulation provisions dealing with officers in the Air Force.

The third set of amendments enable the Chief of Army and the Chief of Navy to delegate their powers to retire officers and terminate officer appointments (including their powers in relation to management initiated early retirement) to an officer not below the rank Brigadier or Commodore. This will bring the Army and Navy provisions into line with the corresponding Air Force provisions, and enable the devolution of the management of these matters to more appropriate areas in the Defence Force.

The fourth set of amendments extends, from 3 to 5 years, the time limitation that applies to most charges under the Defence Force Discipline Act, and removes an obsolete provision from that act. The extension of the time limitation on charging persons results from the Government's response to the report of the Senate Foreign Affairs, Defence and Trade References Committee on the crash of a RAAF Nomad Aircraft.

The final set of amendments are essentially technical in nature, and include the repeal of the Supply and Development Act which formerly provided the legislative framework for defence production activities. With the creation of Government-owned companies such as Australian Defence Industries in the late 1980s and the closure of all the remaining factories, the act no longer serves a useful purpose.

I am confident that the Senate will support the legislation.

I commend the bill to the Senate.

Debate (on motion by Senator O'Brien) adjourned.