Defence Urges Delay on Sexual Assault Reform as Veterans Say Victims Can’t Wait

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The Department of Defence wants Parliament to delay creating an independent body to oversee sexual assault in the military until a separate inquiry concludes at the end of 2027, but veterans’ groups say victims should not have to wait.

Defence has told a Senate inquiry that the proposed commission “would cut across” existing systems and wants consideration of the bill deferred until the Defence and Veterans’ Service Commission (DVSC) completes its inquiry into military sexual violence.

But RSL Australia and the Veterans, Emergency Services, and Police Industry Institute of Australia (VESPIIA) told the committee on Sept. 21 that further delay risked failing victims after years of reviews.

“My 16-year-old daughter is contemplating joining the Army and going to the Defence Force Academy,” RSL Australia National President Peter Tinley told the committee.

“I want to know, as a parent, that she’s going to go to a safe environment, as safe as she can.”

The Bill, introduced by Senator Jacqui Lambie, would create an independent statutory commission to oversee the prevention of and response to sexual assault reports in the Australian Defence Force (ADF) and provide support to victims.
Defence’s handling of sexual violence has been examined repeatedly since 2011, including by the Defence Abuse Response Taskforce and the Royal Commission into Defence and Veteran Suicide, whose 2024 final report devoted a volume to sexual violence in the ADF.

Tinley said “current and future women veterans deserve to know that they are being heard,” adding that Australia’s defence force loses “a good sovereign capability” every time a capable woman decides not to join the ADF.

Shannon Hennessy, chief executive of VESPIIA, said any delay would be “a disservice to victims.”

“We are in a race against time,” she said, pointing to what she described as a rise in “extreme ideologies towards women.”

Defence Says Wait for Inquiry

The separate inquiry is being conducted by the Defence and Veterans’ Service Commissioner. It is due to begin in late 2026 and conclude by the end of 2027.

Defence wants consideration of the Bill deferred not only until the inquiry is complete, but until the government has considered its recommendations.

Tinley rejected the case for delay, saying the law could be amended later if necessary.

He acknowledged Defence and the ADF would need time to adjust to the new commission, but said “the sooner the system’s up and running, the sooner Defence can respond to it.”

Hennessy said past reform efforts had “fallen by the wayside” when governments or chiefs of the Defence Force changed.

She called for the Bill to make clear that the commission would be a “permanent fixture” and “isn’t a commission that can be turned off at any point.”

Veterans Want Bill Strengthened

While supporting the Bill, both witnesses identified gaps they want addressed.

Tinley said it was unclear whether the proposed commission would cover partners, family members and civilian contractors working alongside deployed ADF personnel.

VESPIIA warned in its submission (pdf) that excluding some groups could create “a hierarchy of victims.” It also wants Defence to continue reviewing a member’s security clearance and access to weapons in cases where the alleged victim is not an ADF member.

Tinley also questioned what would happen if Defence leadership ignored the commission’s recommendations or findings.

He said the commission should be able to “get on the ground quickly,” in the way workplace safety regulators such as WorkSafe can.

He pointed to workplace safety laws that can hold company leaders personally liable for serious breaches, including industrial manslaughter offences in some jurisdictions.

The RSL also wants base commanders stripped of their power to appoint the officer responsible for local sexual assault response, arguing that the person in the role should not be “beholden to a senior officer.”

The committee is due to report on Oct. 7.

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