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

1. The bill would amend the Defence Act 1903 to establish the Sexual Assault Prevention, Intervention and Response CommissionThe Sexual Assault Prevention, Intervention and Response Commission proposed by the bill. It would be a statutory authority led by a Commissioner and supported by Deputy Commissioners and staff. as a statutory authority dealing with military sexual violenceThe bill defines this as unwanted sexual activity perpetrated against an ADF member by another member or members, including sexual harassment, sexual offences, intimate image abuse, stalking and other sexual conduct offences. in the Australian Defence Organisation.

2. The proposed Part would set an objective of an Australian Defence Force with zero incidence of sexual assault, supported by prevention, education and training, a defined response capability, victim-survivor support, reporting procedures and accountability.

3. The scheme would cover permanent ADF members, reserve members in a service-related context, defence civilians, defence contractors, ADF cadets, and other victim-survivors of sexual assault incidents within ADF or Department jurisdiction, with a narrower support-only pathway for that last group.

4. The Commissioner would have to establish and maintain a sexual assault prevention, intervention and response regime covering awareness training, reporting, response and support, evidence collection, data and records, training and certification, a Sexual Assault Investigation UnitA specialist investigation unit the bill would require. The Provost Marshal would manage the initial capability until responsibility transfers to the SAPIR Commissioner within five years., command briefings, legal counsel for victim-survivors, accountability, anti-retaliation policy and reporting to the Minister.

5. The reporting system would have two options: unrestricted reports, which trigger notification and possible formal investigation, and restricted reports, which let eligible victim-survivors confidentially seek support without starting an investigation unless they later change the report to unrestricted.

6. The bill would create detailed duties for Defence leadership and related offices, including the Chief of the Defence Force, the Department of Defence Secretary, service chiefs, the Director of Military ProsecutionsThe bill would require this office to establish a timely and effective capability to support prosecution of sexual assault-related offences, including specially trained prosecutors and victim and witness support., the Provost Marshal, Joint Health Command, commanders, Sexual Assault Response Coordinators and the Department of Veterans' Affairs Secretary.

7. People convicted of sexual assault or required to register as sex offenders would be ineligible to join or be commissioned in the ADF. Serving members convicted of sex offences, and some other cases assessed by service tribunal or civilian conviction, would have to be processed for separation.

8. If enacted, the bill would start three months after Royal AssentThe final formal approval a bill needs after passing both Houses before it can become an Act. This bill had not reached that stage in the supplied source bundle.. The collected APH material records the bill as before the Senate and referred to a Senate committee, so this page does not treat the proposal as law.

No recorded votes have been found yet for this bill.