Australian Army: Jervis Bay Incident

Sue Lines

I will now move to general business notice of motions No. 114 and 115.

Lisa Darmanin

I seek to have these have treated separately.

Sue Lines

Sure. Senator Roberts, would you move 114 first and then 115.

Malcolm Roberts

I move:

That there be laid on the table by the Minister representing the Attorney-General, by no later than 5 pm on Friday, 29 August 2025, in relation to the deaths of four soldiers in the 2023 Whitsundays Taipan helicopter crash:

(a) the Commonwealth Director of Public Prosecutions' (CDPP) final assessment of the brief of evidence provided by Comcare; and

(b) all written or digital correspondence, briefing notes, file notes, meeting notes, meeting agendas or minutes or other records of interaction held by the CDPP or the Attorney-General in relation to the decision not to commence a prosecution.

Anthony Chisholm

I seek leave to make a short statement.

Sue Lines

Leave is granted for one minute.

Anthony Chisholm

We recognise the tragic loss of the MRH-90 aircrew on 28 July 2023. We remember the lives, dedication and spirit of Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class 2 Joseph 'Phillip' Laycock and Corporal Alexander Naggs. The documents requested by this order go directly to the Commonwealth Director of Public Prosecutions's decision-making about whether a matter is to be prosecuted or not.

This concerns the release of potential legal advice prepared by the CDPP. A decision to prosecute a matter is one that lies with the Commonwealth Director of Public Prosecutions which is an independent statutory agency. As has been widely reported, the families have requested a review into this decision, and it would not be appropriate to require the CDPP to release this information. I understand another OPD related to this matter will be supported by the government.

Sue Lines

The question is that general business notice of motion No. 114, standing in the name of Senator Roberts, be agreed to.