Defence Force Discipline Amendment (Rcdvs Implementation and Related Measures No. 1) Bill 2026

Dean Smith

I move opposition amendment (1) on sheet 3937:

(1) Schedule 5, item 65, page 173 (line 17) to page 175 (line 2), to be opposed.

Jenny McAllister

The government will be opposing this amendment. The amendment would limit the appointment of investigating officers under the act to Defence members, except for cases of relevant sexual misconduct, which could be undertaken by any person appointed under the act. The consequence of this would be to limit our ability to appoint non-Defence individuals as investigating officers—for example, an officer of the Australian Federal Police—and this would significantly impact all types of investigations, including sexual violence investigations.

Maria Kovacic

I wish to seek clarification. We understood we were dealing with amendment sheet No. 3937. That doesn't appear to be sheet No. 3937.

Jenny McAllister

Thank you very much for the clarification, Senator Kovacic. My apologies; however, we do also oppose this amendment. This amendment would remove a proposed section of the act which creates powers for directions and guidelines to be issued by the minister to the Director of Military Prosecutions related to the performance of their roles and functions. The consequence of this would be to remove the ability for any ministerial oversight of the roles and functions of the Director of Military Prosecutions.

Dave Sharma

The question is that item 65 of schedule 5 stand as printed.