Defence Amendment (Defence Honours and Awards Appeals Tribunal) Bill 2025; Consideration in Detail

McCormack questioned the rationale for excluding veterans from World War II, Korea, and Vietnam from review rights under the proposed 20-year limit. McCormack cited the examples of Teddy Sheean and Richard Norden, who received Victoria Crosses for actions decades prior, arguing they would not have been recognised under the new legislation. McCormack noted that the tribunal had overturned a significant number of initial defence decisions, demonstrating its value in correcting past errors. McCormack urged the minister to reconsider the bill, stating it failed to give veterans a fair go and lacked support from service organisations.

Thompson argued that the bill was introduced without adequate consultation with veterans or ex-service organisations, many of whom were unaware of its existence. Thompson shared anecdotes from veterans who expressed disbelief that such legislation was being considered, highlighting the disconnect between the government and the veterans community. Thompson questioned whether the minister had spoken to any veterans before introducing the bill, suggesting the lack of engagement was a significant flaw. Thompson warned that the 20-year limit would prevent future recognition of heroism from conflicts like Afghanistan once the timeframe expired.

Chester reiterated that the government had failed to identify a problem with the existing tribunal system, which had operated effectively since 2011. Chester pointed out that the tribunal itself had opposed the 20-year time limit in evidence given to a Senate committee, contradicting the minister's claims that the tribunal supported the changes. Chester argued that the bill ignored the advice of an independent statutory agency and removed significant rights from veterans and their families. Chester emphasised that the solemn promise to remember veterans did not have an expiry date and that the legislation was a farce.

McCormack detailed the actions of Richard Norden, who was posthumously awarded the Victoria Cross for bravery in Vietnam, illustrating the importance of the review process. McCormack argued that without the tribunal's ability to review historical decisions, such recognitions would not occur, leaving deserving veterans without appropriate honour. McCormack challenged the minister to explain why the government was backing bureaucrats over veterans and service organisations. McCormack urged the minister to admit the bill was wrong and withdraw it, stating it was not too late to correct the error.

Thompson recounted the heroic actions of Teddy Sheean during the Battle of Timor, noting that his Victoria Cross would not have been awarded under the proposed 20-year limit. Thompson shared a personal experience of being wounded in Afghanistan, highlighting the role of medics like Tom Howell who risked their lives for comrades. Thompson argued that such acts of bravery might not be recognised if the review window closed before families or veterans sought assessment. Thompson concluded that the bill was inappropriate and would lead to brave war heroes being forgotten.

Chester challenged the minister's assertion that the tribunal requested the changes, citing tribunal evidence that opposed the 20-year time limit. Chester argued that the tribunal had acted with diligence and integrity, making objective decisions that had withstood public scrutiny. Chester questioned why the government was ignoring the tribunal's advice and removing appeal rights from veterans. Chester reiterated that the legislation was flawed and lacked bipartisan support, urging the minister to justify the removal of established review processes.

McCormack reflected on the announcement of Richard Norden's Victoria Cross, noting the pride felt by all parties at the time. McCormack argued that the proposed bill would eliminate the pathway for such recognitions, preventing future awards for historical acts of gallantry. McCormack invited the minister to attend the unveiling of a statue commemorating Norden, urging him to reconsider the legislation. McCormack stated that the bill was not Australian in spirit and should be withdrawn to ensure veterans receive fair recognition.