Bill
Defence Legislation Amendment (Discipline Reform) Bill 2021
passed, as at 2021-12-13. Defence portfolio.
- Sponsor
- Not recorded
- Portfolio
- Defence
Recorded stages
- introduced — 2021-08-12
- second reading — 2021-08-12
- second reading — 2021-08-30
- second reading — 2021-09-01
- second reading — 2021-09-01
- third reading — 2021-09-01
- introduced — 2021-09-02
- second reading — 2021-09-02
- second reading — 2021-12-01
- second reading — 2021-12-01
- committee — 2021-12-01
- third reading — 2021-12-01
- passed — 2021-12-01
- royal assent — 2021-12-13
Divisions
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2021-12-01.184.8) to agree with the bill's main idea. In parliamentary jargon, they voted to read the bill for a [second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/). This means they can now discuss it in more detail. ### What is the bill's main idea? According to the [bill homepage](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6751), the bill was introduced to: * *expand the operation of the disciplinary infringement scheme to provide a means of dealing with minor breaches of military discipline;* * *remove the subordinate summary authority and correct a number of anomalies with regard to the respective jurisdiction of discipline officers and summary authorities, and between the different types of summary authority, in relation to the type of breach of military discipline, the rank of defence members with which each can deal, and the powers and punishments available to each level of authority; and* * *establish new service offences for failure to perform duty or carry out an activity, cyber-bullying, failure to comply with removal order (in relation to material on social media that constitutes cyber-bullying) and failure to comply with requirement to notify change in circumstances (in relation to the receipt of a benefit or allowance).* Read more about the bill in the parliamentary library's [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2122a/22bd033). — 2021-12-01, Senate: affirmative, ayes 26, noes 9
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?id=2021-12-01.186.1) introduced by NSW Senator [Marise Payne](https://theyvoteforyou.org.au/people/senate/nsw/marise_payne) (Liberal), which means it failed. It concerned the cyber-bullying service offence. Senator Payne [explained that](https://www.openaustralia.org.au/senate/?gid=2021-12-01.186.2): > *The purpose of this amendment is to insert the term 'in all the circumstances' and to remove the word 'offensive' from the new cyberbullying offence set out in clause 2 of schedule 3 of the bill. A cyberbullying offence will apply when a defence member has used a social media service or relevant electronic service in a way that a reasonable person would regard in all the circumstances as threatening, intimidating, harassing or humiliating another person.* ### Amendment text > *(1) Schedule 3, item 2, page 48 (line 2), omit "as offensive or", substitute "in all the circumstances".* ### What does the bill do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2122a/22bd033), the purpose of the bill is "*to improve and simplify the operation of the military discipline system by:* * *removing the subordinate summary authority and restructuring the summary authorities to simplify the process for dealing with minor disciplinary issues* * *expanding the disciplinary infringement scheme to deal more effectively with minor breaches of discipline* * *introducing new service offences in relation to the failure to perform a duty or carry out an activity, cyber-bullying and failure to notify change in circumstances particularly with regard to receipt of benefits and allowances.*" — 2021-12-01, Senate: negative, ayes 19, noes 24
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2021-12-01.206.3) that the bill remain as it is. In parliamentary jargon, they voted that the bill "*stand as printed*". Because this vote was successful, the Senate can now decide whether they want to [pass the bill](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/). ### What does the bill do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2122a/22bd033), the purpose of the bill is "*to improve and simplify the operation of the military discipline system by:* * *removing the subordinate summary authority and restructuring the summary authorities to simplify the process for dealing with minor disciplinary issues* * *expanding the disciplinary infringement scheme to deal more effectively with minor breaches of discipline* * *introducing new service offences in relation to the failure to perform a duty or carry out an activity, cyber-bullying and failure to notify change in circumstances particularly with regard to receipt of benefits and allowances.*" — 2021-12-01, Senate: affirmative, ayes 31, noes 9
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2021-12-01.208.1) to pass the bill. In parliamentary jargon, they voted to read the bill for a [third time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/). Because the bill had already passed in the House of Representatives, it can now become law. ### What does the bill do? According to the [bill homepage](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6751), the bill was introduced to: * *expand the operation of the disciplinary infringement scheme to provide a means of dealing with minor breaches of military discipline;* * *remove the subordinate summary authority and correct a number of anomalies with regard to the respective jurisdiction of discipline officers and summary authorities, and between the different types of summary authority, in relation to the type of breach of military discipline, the rank of defence members with which each can deal, and the powers and punishments available to each level of authority; and* * *establish new service offences for failure to perform duty or carry out an activity, cyber-bullying, failure to comply with removal order (in relation to material on social media that constitutes cyber-bullying) and failure to comply with requirement to notify change in circumstances (in relation to the receipt of a benefit or allowance).* Read more about the bill in the parliamentary library's [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2122a/22bd033). — 2021-12-01, Senate: affirmative, ayes 31, noes 9
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2021-08-12.
The bill would change the military discipline system for the Australian Defence Force.
It would expand the disciplinary infringement scheme for minor breaches, remove one level of summary authority, and create new service offences.
The new offences include failure to perform duty, cyber-bullying, and failure to notify a change in circumstances affecting a benefit or allowance.
- Expands the disciplinary infringement scheme to deal with minor breaches of military discipline more effectively.
- Removes the subordinate summary authority to simplify the enforcement of minor disciplinary issues.
- Introduces new service offences for failure to perform duty, cyber-bullying, and failure to notify a change in circumstances.
Members of the Australian Defence Force and those administering military discipline.
Sources
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billhome
frl act