Defence Amendment (Sexual Assault Prevention, Intervention and Response Commission) Bill 2025

High-Level Summary

The Defence Amendment (Sexual Assault Prevention, Intervention and Response Commission) Bill 2025 creates an independent statutory body—the Sexual Assault Prevention, Intervention and Response Commission (SAPIRC)—under the Defence Act 1903 to drive zero-tolerance culture, prevention, reporting and response to military sexual violence across the Australian Defence Organisation.

This follows the Royal Commission into Defence and Veteran Suicide’s findings on systemic failures in addressing sexual assault within the ADF.


Summary

The Bill amends the Defence Act 1903 by inserting a new Part (after Part VIIIE) to establish the Sexual Assault Prevention, Intervention and Response Commission (SAPIRC). Key features include:

  • Section 110ZMA–110ZMF (Division 1): Sets the object of zero incidence of sexual assault, extends coverage to all ADF members, civilians, contractors and cadets, and applies extraterritorially.
  • Division 2 (Sections 110ZMG–110ZMN): Constitutes the Commissioner, Deputy Commissioners and Commission, defines functions, powers and guarantees independence from Defence chain of command.
  • Division 3 (Sections 110ZMP–110ZMU): Mandates awareness training, a two-stream reporting system (restricted/unrestricted), 24/7 response and support, forensic examination (“SAFE”), evidence storage, data collection/reporting, and a certification regime for personnel.
  • Division 4–5: Imposes duties on Defence leaders (CDF, Service Chiefs, commanders, Judge Advocate General, Provost Marshal, health commanders and more) and sets enlistment/retention rules to exclude or discharge sexual offenders.
  • Division 6–7: Details appointment, tenure, remuneration, staffing, funding by Parliament, independent reviews (first within two years, then every five) and annual reporting requirements to the Minister.

From the explanatory memorandum:

The Bill will establish a statutory authority, responsible to the Minister, to deal with military sexual violence within the Australian Defence Organisation.

Argument For
Normative Bases
  1. Utilitarian Ground Truth
  2. Non-Discrimination
  3. Legal Principle [ICCPR Article 7]

The Bill addresses a profound duty of care: preventing harm to ADF personnel and ensuring survivors receive timely support. By centralising prevention, reporting and response under an independent commission, it strengthens accountability and closes gaps that have left many assaults unreported and uninvestigated.

Zero-tolerance backed by mandatory training and clear reporting pathways (restricted and unrestricted) will reshape Defence culture and reduce military sexual violence over time. Survivors gain access to forensic examination, legal counsel and 24/7 advocacy, fostering trust in the system.

Independent data collection and public reporting will promote transparency and continuous improvement, turning the Royal Commission’s lessons into concrete safeguards and supporting a safer, more effective Defence organisation [Judgment].


Argument Against
Normative Bases
  1. Value-Neutral / Epistemic Objection
  2. Hobbesianism

While well-intentioned, the Bill imposes an extensive bureaucratic overlay on Defence and duplicates many existing functions within operational commands. It is unclear whether the complexity of new roles, training and reporting pathways will improve outcomes or simply slow responses and dilute responsibility.

Military effectiveness depends on clear chains of command. Embedding an external commission with wide investigatory powers risks undermining command authority, creating conflicting obligations and potentially harming unit cohesion at a time when readiness is paramount [Judgment].

Finally, the cost of establishing and running SAPIRC—including specialist staffing, forensic units and data systems—will be substantial. Without conclusive evidence that these measures will outperform streamlined improvements to existing Defence procedures, the Bill may fail to deliver commensurate benefits.


Date:

2025-11-27

Chamber:

Senate

Status:

Before Senate

Sponsor:

LAMBIE, Sen Jacqui

Portfolio:

Unspecified

Categories:

Defence, Criminal Law Reform, Discrimination / Human Rights

Timeline:
27/11/2025

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