This bill did not become law and is no longer proceeding.
Government & democracy
Australia would get a new Parliamentary Joint Committee on DefenceThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. to replace and strengthen the defence oversight role now handled by the Joint Standing Committee on Foreign Affairs, Defence and TradeThe existing parliamentary committee that currently does most defence oversight work and would be partly replaced by the new committee..
A 2023 parliamentary inquiry found Defence oversight was inadequate and public processes could expose sensitive information to potential adversaries. This bill creates a new Joint CommitteeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. on Defence with stronger powers to examine Defence, including classified material, in private.
Defence oversight in Parliament was mainly handled through the Joint Standing Committee on Foreign Affairs, Defence and TradeThe existing parliamentary committee that currently does most defence oversight work and would be partly replaced by the new committee., but a September 2022 inquiry into war powers exposed a gap: existing scrutiny arrangements were not giving Parliament enough visibility into Defence while also protecting classified material from entering the public domain. After that inquiry reported on 31 March 2023 and recommended a new model, the government introduced this bill in May 2024 to create a dedicated Parliamentary Joint Committee on DefenceThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. with private handling of sensitive evidence and penalties for unauthorised disclosure.
The main criticism was that the committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. could include Greens or other crossbenchMPs and senators who are not in the government or the main opposition, such as Greens or independents. members, which opponents said could put sensitive defence oversight in the hands of people they saw as unreliable on national security. That objection came chiefly from the Coalition, which said it supported a defence oversight committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. in principle but opposed this bill unless membership was restricted to government and opposition MPs.
Matt Thistlethwaite MP introduced this bill. It was supported by Labor, Jacqui Lambie Network, One Nation, some crossbenchMPs and senators who are not in the government or the main opposition, such as Greens or independents. members; opposed by Liberal Party, Greens, Nationals, UAP, some crossbenchMPs and senators who are not in the government or the main opposition, such as Greens or independents. members; and did not pass.
Did it become law?
No
The bill did not complete passage through Parliament.
Final passage
Did not pass
6 recorded votes before the bill stopped proceeding
Time before failure
35 days
From introduction to the final recorded step before the bill stopped proceeding
Meaning
Australia would get a new Parliamentary Joint Committee on DefenceThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. to replace and strengthen the defence oversight role now handled by the Joint Standing Committee on Foreign Affairs, Defence and TradeThe existing parliamentary committee that currently does most defence oversight work and would be partly replaced by the new committee..
The new parliamentary committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. would review Defence, the Australian Defence ForceThe army, navy and air force; on this page, it is one of the main bodies the committee would review. and Veterans’ Affairs, but intelligence agencies like the Australian Signals DirectorateA national security agency that handles signals intelligence and cyber work; this bill keeps it under the existing intelligence oversight committee. would stay under the existing intelligence oversight committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies..
The new parliamentary committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. would be able to call for evidence and documents, but much of its work would stay private so it could examine classified defence information without making it public.
People on the new parliamentary committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies., their staff and some other MPs could face criminal penalties if they wrongly use or disclose protected defence information given to the committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies..
If a separate naval nuclear safety law also started, the new parliamentary committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. would also oversee the Australian Naval Nuclear Power Safety RegulatorThe regulator mentioned in the bill as an extra body the new committee could oversee if the separate naval nuclear safety law starts.’s operations, resources, independence and performance.
To address this the JSCFADT recommended, and the Government agreed, that a new joint statutory committee be established to supersede and enhance the defence-related functions of the JSCFADT. The JSCFADT recommended the new committee be modelled on the Parliamentary Joint Committee on Intelligence and Security (PJCIS), established under the Intelligence Services Act 2001, ensuring it can request and receive classified information and briefings.Defence Amendment (Parliamentary Joint Committee on Defence) explanatory memorandum
The Committee will be responsible for reviewing, monitoring and reporting on the administration and operations of all Australian defence agencies, including the Australian Defence Force (ADF), the Department of Defence and the Department of Veterans’ Affairs. The Committee’s functions do not include review of the Defence Intelligence Organisation (DIO), the Australian Geospatial-Intelligence Organisation (AGO) or the Australian Signals Directorate (ASD), which remain subject to oversight by the PJCIS.Defence Amendment (Parliamentary Joint Committee on Defence) explanatory memorandum
A key outcome of establishing the Committee is to ensure that it can receive and consider classified information in the course of performing its functions. This requires the Committee to operate in private, in some circumstances, and for limits to apply to disclosure of information received by the Committee.Defence Amendment (Parliamentary Joint Committee on Defence) explanatory memorandum
The Bill includes criminal offences in relation to the unauthorised use or disclosure of protected information and documents provided to the Committee in connection to its functions, which apply to members of the Committee, their staff, and other Members of Parliament who are authorised to attend meetings of the Committee.Defence Amendment (Parliamentary Joint Committee on Defence) explanatory memorandum
This item inserts an additional function in the section that lists the Committee’s functions. The additional function is to consider the operations, resources, independence and performance of the Australian Naval Nuclear Power Safety Regulator.Defence Amendment (Parliamentary Joint Committee on Defence) explanatory memorandum
Context
Defence oversight in Parliament was mainly handled through the Joint Standing Committee on Foreign Affairs, Defence and TradeThe existing parliamentary committee that currently does most defence oversight work and would be partly replaced by the new committee., but a September 2022 inquiry into war powers exposed a gap: existing scrutiny arrangements were not giving Parliament enough visibility into Defence while also protecting classified material from entering the public domain. After that inquiry reported on 31 March 2023 and recommended a new model, the government introduced this bill in May 2024 to create a dedicated Parliamentary Joint Committee on DefenceThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. with private handling of sensitive evidence and penalties for unauthorised disclosure.
Inquiry begins into how Australia decides on armed conflict
The Defence Minister referred an inquiry on international armed conflict decision-making to the Joint Standing Committee on Foreign Affairs, Defence and TradeThe existing parliamentary committee that currently does most defence oversight work and would be partly replaced by the new committee., putting Defence oversight arrangements under formal examination.
Defence Amendment (Parliamentary Joint Committee on Defence) explanatory memorandum ↗Parliamentary report finds Defence oversight is inadequate
The committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. reported that existing oversight mechanisms did not properly balance accountability and transparency with national security risks, including the danger of exposing useful information to potential adversaries.
Defence Amendment (Parliamentary Joint Committee on Defence) explanatory memorandum ↗Report recommends a new Defence scrutiny committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies.
The report recommended, and the government agreed, that a new statutory joint committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. modelled on the intelligence oversight committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. should replace and strengthen the defence-related role of the existing foreign affairs, defence and trade committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies..
Defence Amendment (Parliamentary Joint Committee on Defence) explanatory memorandum ↗Government introduces the new Defence oversight bill
The bill was introduced to create a Parliamentary Joint Committee on DefenceThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. able to examine Defence and related agencies, receive classified information in private, and protect that material through disclosure limits and criminal offences.
Hansard ↗House passes the bill
The House agreed to the bill at third readingThe final vote in a house on whether to pass the bill in its current form., completing its passage through the first chamber and sending the proposed new oversight model to the Senate.
Parliamentary timeline ↗Senate agrees to the bill in principle
The Senate agreed to the bill at second readingThe stage where Parliament debates whether it supports the bill in principle., showing the proposal for a dedicated Defence scrutiny committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. had moved beyond introduction and secured support to continue through the upper house.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second readingThe stage where Parliament debates whether it supports the bill in principle., opening the main debate on the bill's purpose and principles.
Second readingThe stage where Parliament debates whether it supports the bill in principle. moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The scrutiny record says Parliamentary Joint CommitteeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. on Human Rights considered the bill in Report 7 of 2024.
Considered
Collected source bundleThe scrutiny record says Senate Standing CommitteeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. for the Scrutiny of Bills considered the bill in Scrutiny Digest 9 of 2024.
Considered
Collected source bundleThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second readingThe stage where Parliament debates whether it supports the bill in principle., meaning it accepted the bill in principle and allowed it to continue.
Second readingThe stage where Parliament debates whether it supports the bill in principle. agreed to
The chamber considered the bill in detail and dealt with amendments before the next stage.
Consideration in detail debate
The chamber agreed to the bill at third readingThe final vote in a house on whether to pass the bill in its current form., which completed passage through that chamber.
Third readingThe final vote in a house on whether to pass the bill in its current form. agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second readingThe stage where Parliament debates whether it supports the bill in principle., opening the main debate on the bill's purpose and principles.
Second readingThe stage where Parliament debates whether it supports the bill in principle. moved
The chamber agreed to the bill at second readingThe stage where Parliament debates whether it supports the bill in principle., meaning it accepted the bill in principle and allowed it to continue.
Second readingThe stage where Parliament debates whether it supports the bill in principle. agreed to
The Senate defeated the third-reading question, so the bill did not pass the Senate.
Third readingThe final vote in a house on whether to pass the bill in its current form. negatived
Key criticism
The main criticism was that the committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. could include Greens or other crossbenchMPs and senators who are not in the government or the main opposition, such as Greens or independents. members, which opponents said could put sensitive defence oversight in the hands of people they saw as unreliable on national security. That objection came chiefly from the Coalition, which said it supported a defence oversight committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. in principle but opposed this bill unless membership was restricted to government and opposition MPs.
Criticism was narrow and mainly about committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. membership, not the idea of stronger defence oversight itself.
Crossbench access to sensitive defence oversight
Coalition critics argued the bill should not let Greens or similar crossbenchMPs and senators who are not in the government or the main opposition, such as Greens or independents. members sit on the new committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies., saying that giving them access to sensitive defence oversight and information would be against the national interest.
Further sources
Votes
The chamber-passage votes come first. Expand a vote to see the party breakdown.
Defeated 24 to 38. Support came from Labor, Jacqui Lambie Network, and One Nation. Opposition came from Liberal Party, Greens, Nationals, and UAP. Minor-party and independent votes were split.
Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.
House
Defeated 51 to 87. Support came from Liberal Party, Nationals, and Katter's Australian Party. Opposition came from Labor, Greens, Centre Alliance, and minor parties and independents.
The amendment was defeated, so the bill kept broader membership rules for the committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies..
Senate
Defeated 26 to 35. Support came from Liberal Party, Nationals, and UAP. Opposition came from Labor, Greens, Jacqui Lambie Network, One Nation, and minor parties and independents.
The amendment was defeated, so the second-reading debate proceeded without that statement being added.
Defeated 25 to 37. Support came from Liberal Party and Nationals. Opposition came from Labor, Greens, Jacqui Lambie Network, One Nation, and minor parties and independents.
The amendment package was defeated, so the bill’s original committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. composition provisions remained in place.
Defeated 16 to 26. Support came from Greens, Jacqui Lambie Network, One Nation, UAP, and minor parties and independents. Opposition came from Labor, Liberal Party, and Nationals.
The amendment was defeated, so the bill did not reserve committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies. places for crossbenchMPs and senators who are not in the government or the main opposition, such as Greens or independents. members.
Defeated 6 to 36. Support came from Jacqui Lambie Network, One Nation, UAP, and minor parties and independents. Opposition came from Labor, Greens, Liberal Party, and Nationals.
The amendment package was defeated, so the bill did not require independent-member places on the committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies..
This list includes amendment votes, procedural votes and votes on the bill itself.
Parliamentary debate
Start here — lead voices
Thistlethwaite supports the bill, saying it will strengthen parliamentary transparency, accountability and oversight of Defence by creating the new committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies..
Read in Hansard ↗Hastie says the coalition supports the idea of a parliamentary defence committeeThe new joint parliamentary committee this bill would create to scrutinise Defence and related agencies., but will oppose the bill unless it is amended to restrict membership to government and opposition MPs.
Read in Hansard ↗All speeches by bloc
1 speaker · 1 support
“This bill and the establishment of the PJCD represents an important step forward in parliamentary accountability and transparency for Defence, and I commend the bill to the House.”Read the full speech in Hansard ↗
1 speaker · 1 oppose
“That's why we'll move this amendment, and, if the amendment fails, I'm also foreshadowing that the coalition sadly won't be supporting this bill, because this is a great opportunity and it's an important piece of infrastructure. I hope, therefore, that the Albanese government will come to an agreement that we should make these amendments and make it so that only seven government and six opposition members serve on this committee.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second readingThe stage where Parliament debates whether it supports the bill in principle. opened
A minister or sponsoring member moved the second readingThe stage where Parliament debates whether it supports the bill in principle., opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second readingThe stage where Parliament debates whether it supports the bill in principle. debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Returned to House for further consideration
Returned to House for further consideration
The bill reached this recorded parliamentary step.
House · Second reading debate
Second readingThe stage where Parliament debates whether it supports the bill in principle. debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second readingThe stage where Parliament debates whether it supports the bill in principle. agreed
The chamber agreed to the bill at second readingThe stage where Parliament debates whether it supports the bill in principle., meaning it accepted the bill in principle and allowed it to continue.
House · Consideration in detail debate
Consideration in detail
The chamber considered the bill in detail and dealt with amendments before the next stage.
House · Third reading agreed to
Third readingThe final vote in a house on whether to pass the bill in its current form. agreed
The chamber agreed to the bill at third readingThe final vote in a house on whether to pass the bill in its current form., which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second readingThe stage where Parliament debates whether it supports the bill in principle. opened
A minister or sponsoring member moved the second readingThe stage where Parliament debates whether it supports the bill in principle., opening the main debate on the bill's purpose and principles.
Senate · Second reading agreed to
Second readingThe stage where Parliament debates whether it supports the bill in principle. agreed
The chamber agreed to the bill at second readingThe stage where Parliament debates whether it supports the bill in principle., meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading negatived
Third readingThe final vote in a house on whether to pass the bill in its current form. defeated
The Senate defeated the third-reading question, so the bill did not pass the Senate.
Parliamentary Joint Committee on Human Rights
Considered
The scrutiny record says Parliamentary Joint Committee on Human Rights considered the bill in Report 7 of 2024.
Considered by scrutiny committee (26/Jun/2024): Parliamentary Joint Committee on Human Rights; Report 7 of 2024
Collected source bundleSenate Standing Committee for the Scrutiny of Bills
Considered
The scrutiny record says Senate Standing Committee for the Scrutiny of Bills considered the bill in Scrutiny Digest 9 of 2024.
Considered by scrutiny committee (26/Jun/2024): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 9 of 2024
Collected source bundle
