-
Serving members, veterans and their families can have personal and sensitive informationProtected personal details, including health information. used for research into their wellbeing, health and safety. Before disclosing personal information for this research, the person sharing it must be satisfied that all reasonable steps have been taken to remove identifying details. Consent is the default for non-medical research unless the minister decides the privacy impact is proportionate to the benefits for other Defence people and families.
-
Defence must share information specified by the minister with specified government or other bodies for wellbeing, health or safety purposes. Ministers may also authorise Commonwealth bodies to collect, use or share specified information for those purposes. In each case, the minister must be satisfied that the privacy impact is proportionate to the expected benefits.
-
The body responsible for military rehabilitation and compensation gains wider duties to support members, veterans and families, including prevention, early help and support when someone leaves the Australian Defence Force. It may undertake, commission or support research, data analysis and evaluation, including sharing information to build and maintain data collections about veterans and their families. Defence may also share information with it to perform those duties, helping reduce delays and repeated requests for the same information.
-
The Defence health system must help keep members fit for duty and support their lifetime wellbeing, health and safety. Its services must meet or exceed the standards required of civilian health practitioners. Full-time ADFThe Australian Defence Force. members must receive the health services and supplies needed to keep them fit for duty. Members must tell the Surgeon General about care received outside the Defence system, and a Defence health practitioner must alert a member’s direct commander or supervisor about something affecting, or reasonably likely to affect, fitness for duty. If a Defence Instruction covers a health service or a related activity, such as transporting or storing medical supplies, that matter does not have to comply with corresponding State or Territory laws.
-
Defence health workers can use health information to provide care, run the health system, monitor health trends and review service quality. Limited disclosures are also allowed when a patient cannot consent, to reduce or prevent a serious threat to an immediate family member, or for compassionate reasons after a member dies.
-
Approved reviews of Defence healthcare receive protections intended to support candid examination of safety and quality. Unauthorised disclosure of review information can bring up to two years in prison; courts generally cannot compel its disclosure, people acting in good faith receive protection from civil lawsuits, and information protected by the secrecy rule is exempt from freedom-of-information access.
-
Defence can contact members’ families and former partners directly about Commonwealth services, payments and benefits, using information supplied by either the member or family. People can opt out of these direct marketing messages at any time and later opt back in. A former spouse or de facto partner affected by family or domestic violence may receive help to separate safely, but this is not a guaranteed payment. The help cannot cover a period more than 12 months after the person is no longer both the member’s spouse or de facto partner and a member of the member’s household.
-
A person sentenced to imprisonment for a serious violent or sexual offence cannot join the ADFThe Australian Defence Force., even if the sentence is suspended, unless the person is pardoned or the conviction is overturned; the law also leaves the royal power of mercy unchanged. Entry may also be refused because of another conviction, a possible risk to Australia’s security or defence, or a finding that the person is otherwise not fit and proper. Similar grounds allow the Chief of the Defence Force to end a serving member’s service.
-
Any serving member sentenced to imprisonment under Australian law automatically leaves on the sentencing day. They may apply within two months for reinstatement if pardoned, if the conviction is overturned, or if an appeal removes the prison sentence; extra time is possible in special circumstances, but reinstatement remains the Chief of the Defence Force’s choice. Separately, when Defence considers discharging a member after a positive prohibited-drug test, the written decision must be given within a reasonable period after the notice period ends—or, if the member does not respond, after their response period ends—and discharge cannot take effect until at least 21 days after written notice is given.
-
The Defence and Veterans’ Service Commissioner may ask the minister to table a final report from an inquiry started by the Commissioner. If asked, the minister must table it in each house within 15 sitting days; simply giving the report to the minister no longer triggers tabling. A person summoned to a special-inquiry hearing must continue attending each day until excused or released, and failing to do so is covered by an offence.