Last week's release of the interim report of the Royal Commission into Defence and Veteran Suicide presents an urgent challenge for the Albanese government. Crucial legislative amendments and other reforms are needed to ensure the successful completion of the inquiry.
The report's main observation that current support systems and their enabling legislation "can be a contributing factor to suicidality" comes as no surprise to the veterans community. Recommendations to address this include a clear pathway for legislative reform by the end of the current term of parliamentary, eliminating the claims backlog, improving the administration of the claims system, and properly resourcing the Veterans' Affairs department. These reflect years of lobbying and dozens of previous inquiries and reports.
What has shocked some, however, is the extent of the barriers the commission and its potential witnesses still face as the inquiry continues. Three procedural matters in particular have, according to the commission, "concerned us deeply" since its establishment last year, and "they remain unresolved".
First, the commission identifies an "unacceptable" lack of protections for potential witnesses under existing legislation. Those who wish to disclose classified or sensitive information may be liable for criminal prosecution under secrecy provisions in the various defence or intelligence acts. Alarmingly, the commission still does not have suitable arrangements with the government to establish appropriate protections, despite 10 months of trying.
The perversity here is that individuals harmed during their service to the country face a possibility of criminal prosecution for testifying to a royal commission, by the very government that sent them into harm's way then belatedly established this inquiry to deal with the outfall. This is not a remote prospect given the continued prosecution of whistleblowers such as David McBride.
To address this perversity the report recommends straightforward amendments to the Royal Commissions Act and Criminal Code. We can't afford the two years taken by the previous government to make similar amendments for the Disabilities Royal Commission.
Second, the commission's efforts to dissect chronic parliamentary and executive government inaction or obfuscation have been "unreasonably, seriously and adversely constrained" by parliamentary privilege.
The commission's terms of reference necessitates scrutiny of previous relevant reports and inquiries, and the implementation of resulting recommendations. Some 750 previous recommendations have not been adequately followed through. And yet because many of these were conducted or commissioned by parliament, a royal commission cannot even "draw inferences and conclusions" from them, much less fully inquire into their proceedings.
For decades, the greatest obstacle to the comprehensive reforms needed to address inadequate support for veterans and their families has been bipartisan political neglect on matters of substance beyond photo opportunities or Anzac Day parades.
As the commission's report highlights, it's terms of reference mandate examination of government. This government must allow it to do so by immediately acting on the recommendation to exempt royal commissions from the relevant provisions of the Parliamentary Privileges Act.
Finally, similar barriers are resulting from improper claims of public interest immunity by government officials. Department heads and former ministers have frequently been questioned under oath on the progress of previously recommended reforms only for government counsel to object on the grounds that an answer may disclose conversations with a minister or prime minister. The interim report further suggests written government responses to questions from the commission are being unreasonably constrained by similar immunity claims.
If a government portfolio is of sufficient public interest to warrant the scrutiny of a royal commission, it beggars belief that officials can refuse to answer questions on the grounds that doing so might harm the public interest. Unless this inquiry is to result in another political whitewash, the government must immediately act on the Commission's recommendation to urgently reform public interest immunity practices.
The conspicuous lack of good faith by senior government officials in their approach to this inquiry thus far is as damning an indictment as the parlous state of affairs which necessitated the royal commission in the first place.
During the last year's election, Labor offered its full commitment to this royal commission. Now in office for three months and with parliament returned, the Albanese government can and must immediately implement the recommendations of this interim report, to ensure the inquiry is a success.
- Stuart McCarthy is a former Australian Army officer whose 28-year military career included six operational deployments. He has advocated for a royal commission since 2015.
