Contents
1Short title#
This Act is the Defence Legislation Amendment (RCDVS Implementation and Related Measures No. 2) Act 2026.
2Commencement#
(1)Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
|---|---|---|
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 28 September 2026 |
| 2. Schedules 1, 2 and 3 | The later of:(a) 1 July 2026; and(b) the day after this Act receives the Royal Assent. | 29 September 2026(paragraph (b) applies) |
| 3. Schedule 4, Parts 1 and 2 | The day after this Act receives the Royal Assent. | 29 September 2026 |
| 4. Schedule 4, item 9 | The day after this Act receives the Royal Assent.However, the provision does not commence at all if Schedule 1 to the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Act 2026 does not commence on or before that day. | 29 September 2026 |
| 5. Schedule 4, item 10 | The day after this Act receives the Royal Assent.However, the provision does not commence at all if Schedule 1 to the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Act 2026 commences on or before that day. | Never commenced |
| 6. Schedule 4, item 11 | The later of:(a) immediately after the commencement of the provision covered by table item 5; and(b) the commencement of Schedule 1 to the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Act 2026.However, the provision does not commence at all unless both of the events mentioned in paragraphs (a) and (b) occur. | Never commenced |
| 7. Schedule 5 | The day after this Act receives the Royal Assent. | 29 September 2026 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2)Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3Schedules#
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1 · Information sharing to improve wellbeing, health and safety outcomes
Part 1 · Amendments
Defence Act 1903#
1 Subsection 4(1)
Insert:
personal information has the same meaning as in the Privacy Act 1988.
relevant ADF person has the meaning given by subsection 70K(2).
sensitive information has the same meaning as in the Privacy Act 1988.
use, in relation to information, includes make a record of.
Veterans’ Affairs Minister means the Minister administering the Department of Veterans’ Affairs.
2 Before Part VIA
Insert:
Part VIAB · Wellbeing, health and safety support for defence members, veterans and their families
Division 1 · Preliminary
70HSimplified outline of this Part#
The purpose of this Part is to support the wellbeing, health and safety of members of the Defence Force, former members of the Defence Force, and their families.
The collection, use and disclosure of information about such persons is authorised:
(a) for research or data analysis or evaluation into wellbeing, health or safety; and
(b) to support wellbeing, health or safety outcomes.
70JObject of this Part#
The object of this Part is to support the wellbeing, health and safety of members and former members of the Defence Force, and their families, including through:
(a)facilitating research and data analysis or evaluation in relation to the wellbeing, health or safety of members, former members, and their families; and
(b)providing clarity and transparency in relation to the collection, use and disclosure of information about members, former members, and their families; and
(c)supporting the delivery of health services through the Defence health system to members of the Defence Force and other persons involved with, or significantly connected to, the Defence Force to:
(i)ensure members are fit to serve; and
(ii)support the lifetime wellbeing, health and safety of members and those other persons; and
(d)supporting members’ trust and confidence in the Defence health system, including through:
(i)providing clarity and transparency in relation to the collection, use and disclosure of Defence health services information; and
(ii)facilitating health monitoring activities and quality assurance and improvement activities; and
(e)facilitating the provision by the Commonwealth of services, payments and benefits to support members, former members, and their families.
Division 2 · Information sharing to support wellbeing, health or safety
Subdivision A · Authorised collection, use and disclosure of information to support wellbeing, health or safety
70KCollection, use or disclosure of information about relevant ADF persons for research or data analysis or evaluation#
(1)An entrusted person may collect, use or disclose information (including personal information and sensitive information) about a relevant ADF person for the purposes of:
(a)undertaking research or data analysis or evaluation in relation to the wellbeing, health or safety of relevant ADF persons; or
(b)assisting another person to undertake research or data analysis or evaluation in relation to the wellbeing, health or safety of relevant ADF persons.
(2)A relevant ADF person is:
(a)a member of the Defence Force; or
(b)a person who has ceased to be a member of the Defence Force, whether by reason of death or otherwise; or
(c)a family member of a person referred to in paragraph (a) or (b); or
(d)a former family member of a person referred to in paragraph (a) or (b).
(3)For the purposes of this section, an entrusted person is:
(a)the Minister; or
(b)a member of the Defence Force; or
(c)a defence civilian (within the meaning of Part VIIIA); or
(d)the Secretary of, or an APS employee in, the Department; or
(e)a person engaged as a consultant, or contractor, to perform services for, or supply goods to, the Department or the Australian Defence Force; or
(f)an employee, or official of, a Commonwealth, State or Territory authority that is assisting the Department or the Australian Defence Force and has been made available by the authority for that purpose.
(4)An entrusted person may only collect, use or disclose information under subsection (1) if:
(a)to the extent the information does not concern medical research:
(i)guidelines under subsection 70KC(1) are in force; and
(ii)the collection, use or disclosure is in accordance with any applicable provisions of those guidelines; and
(b)to the extent the information concerns medical research—the collection, use or disclosure is in accordance with any applicable guidelines issued under subsection 95(1) of the Privacy Act 1988.
(5)An entrusted person may only disclose information under subsection (1) if the entrusted person is satisfied that all reasonable steps have been taken to de-identify any personal information included in the information before the information is disclosed.
70KADisclosure of information held by Department or Defence Force about relevant ADF persons to support wellbeing, health or safety outcomes#
(1)The Secretary must disclose information specified in an instrument under subsection (3) that is held by the Department or the Defence Force to an entity specified in the instrument.
(2)An entity specified in the instrument may collect, use or disclose the information if:
(a)the collection, use or disclosure is for a purpose specified in the instrument for the entity; and
(b)the collection, use or disclosure is in accordance with any conditions specified in the instrument that apply to the entity; and
(c)to the extent the information does not concern medical research:
(i)guidelines under subsection 70KC(1) are in force; and
(ii)the collection, use or disclosure is in accordance with any applicable provisions of those guidelines; and
(d)to the extent the information concerns medical research—the collection, use or disclosure is in accordance with any applicable guidelines issued under subsection 95(1) of the Privacy Act 1988.
(3)The Minister may specify, by legislative instrument, the following for the purposes of subsection (1):
(a)the information (including personal information and sensitive information) about relevant ADF persons that must be disclosed;
(b)the specified entities (which may be a person or a body, agency, authority or Department of the Commonwealth, a State or a Territory) to which the information must be disclosed to;
(c)the purposes for which a specified entity may collect, use or disclose the information;
(d)any other conditions on the collection, use or disclosure of the information by a specified entity.
(4)The Minister may only make an instrument under subsection (3) authorising the collection, use or disclosure of information if the Minister is satisfied that:
(a)the collection, use or disclosure would support wellbeing, health or safety outcomes of relevant ADF persons; and
Delegation
(5)The Minister may delegate the Minister’s powers under this section to:
(a)a person who holds, or is acting in, an SES Band 2 position, or an equivalent or higher position, in the Department; or
(b)a person who holds a rank not lower than the rank of Rear-Admiral, Major-General or Air Vice-Marshal.
70KBCollection, use and disclosure of information about relevant ADF persons to support wellbeing, health or safety outcomes authorised by a Minister#
(1)A person covered by an instrument made under subsection (2), may collect, use or disclose information specified in the instrument if:
(a)the collection, use or disclosure is for a purpose specified in the instrument; and
(b)the collection, use or disclosure is in accordance with any conditions specified in the instrument that apply to the person; and
(c)to the extent the information does not concern medical research:
(i)guidelines under subsection 70KC(1) are in force; and
(ii)the collection, use or disclosure is in accordance with any applicable provisions of those guidelines; and
(d)to the extent the information concerns medical research—the collection, use or disclosure is in accordance with any applicable guidelines issued under subsection 95(1) of the Privacy Act 1988.
(2)A Minister administering a body, agency, authority or Department of the Commonwealth (the Commonwealth body) may specify, by legislative instrument, the following for the purposes of subsection (1):
(a)the information (including personal information and sensitive information) about relevant ADF persons that may be collected, used or disclosed by the Commonwealth body;
(b)the persons (the entrusted persons) employed or engaged by the Commonwealth body, or assisting the Commonwealth body, that may collect, use or disclose the information;
(c)the purposes for which the entrusted persons may collect, use or disclose the information;
(d)the persons to whom the entrusted persons may disclose the information;
(e)any other conditions on the collection, use or disclosure of the information.
Note: The reference to a Minister in this subsection includes the Minister administering this Act who may, for example, make an instrument for the Department, the Department of Veterans’ Affairs (if administered by the Minister) or the Australian Defence Force.
(3)A Minister may only make an instrument under subsection (2) authorising the collection, use or disclosure of information if the Minister is satisfied that:
(a)the collection, use or disclosure would support wellbeing, health or safety outcomes of relevant ADF persons; and
(4)The other provisions of this Part do not limit the matters that may be dealt with by an instrument under this section.
Delegation
(5)A Minister may delegate the Minister’s powers under this section to:
(a)the Secretary of a Department administered by the Minister; or
(b)a person who holds, or is acting in, an SES Band 2 position, or an equivalent or higher position, in a Department or other body administered by the Minister; or
(c)a person who holds a rank not lower than the rank of Rear-Admiral, Major-General or Air Vice-Marshal.
70KCMinisterial guidelines for research or data analysis or evaluation#
(1)The Minister may, by legislative instrument, make guidelines for the collection, use or disclosure of information about relevant ADF persons for the purposes of undertaking, or assisting to undertake, research or data analysis or evaluation.
(2)Guidelines made under subsection (1) must:
(a)require that, unless otherwise specified, information about a relevant ADF person is only collected, used or disclosed in accordance with the consent of the relevant ADF person; and
(c)not make provision for any matter that is dealt with in any applicable guidelines issued under subsection 95(1) of the Privacy Act 1988.
(3)Before making guidelines under subsection (1), the Minister must seek advice from the Information Commissioner and must have regard to that advice.
(4)If the Minister is not the Veterans’ Affairs Minister, the Minister must make guidelines under subsection (1) jointly with the Veterans’ Affairs Minister.
3 Subsection 71A(1) (definition of personal information)
Repeal the definition.
Military Rehabilitation and Compensation Act 2004#
4 Subsection 5(1)
Insert:
personal information has the same meaning as in the Privacy Act 1988.
relevant ADF person has the same meaning as in the Defence Act 1903.
sensitive information has the same meaning as in the Privacy Act 1988.
use, in relation to information, includes make a record of.
Veterans’ Affairs Department means the Department administered by the Veterans’ Affairs Minister.
5 After paragraph 360BB(d)
Insert:
(da)to support, enable or otherwise promote wellbeing, health and safety outcomes for members, former members and the families of members and former members, including through prevention and early intervention services; and
(db)to support and promote the wellbeing of members transitioning out of service and their families, including through prevention and early intervention services; and
6 Paragraph 360BB(e)
Omit “promote research into”, substitute “undertake, commission, facilitate or otherwise promote research into, and data analysis or evaluation of”.
7 Subparagraph 360BB(e)(i)
Omit “health of members and former members”, insert “wellbeing, health and safety of members, former members and the families of members and former members”.
8 After paragraph 360BB(e)
Insert:
(ea)to support research and data analysis or evaluation into the matters in paragraph (e) by sharing information with other entities to support the establishment and maintenance of data assets relating to veterans and their families; and
9 Section 407A
Repeal the section, substitute:
407AACollection, use or disclosure in performing functions or duties or exercising powers#
(1)The Commission may collect, use or disclose information (including personal information and sensitive information) about a person in the course of or for the purposes of:
(a)the performance of a duty or function or exercise of a power by the Commission; or
(b)planning or preparation for the performance of a duty or function or exercise of a power by the Commission; or
(c)the Commission’s consideration of whether to perform a duty or function or exercise a power.
(2)The collection, use or disclosure of information about relevant ADF persons in the course of or for the purposes of the performance of a function referred to in paragraph 360BB(e) or (ea) (research and data analysis or evaluation) must be in accordance with:
(a)any applicable guidelines made under subsection 70KC(1) of the Defence Act 1903; and
(b)if the information concerns medical research—any applicable guidelines issued under subsection 95(1) of the Privacy Act 1988.
(4)To avoid doubt, if information is collected, used or disclosed in accordance with this section, the collection, use or disclosure is taken, for the purposes of the Australian Privacy Principles, to be authorised by this Act.
(5)This section applies despite any other law of the Commonwealth, any rule of common law or any equitable obligation of confidence.
407ABDisclosure of information to the Commission by Defence Department and Defence Force#
(1)Either of the following entities:
(a)the Defence Department;
(b)the Australian Defence Force;
may disclose any information obtained or generated by the entity (including personal information and sensitive information about relevant ADF persons) to the Commission in accordance with subsection (2).
(2)The entity may disclose the information if the disclosure is in the course of or for the purposes of:
(a)the performance of a duty or function or exercise of a power by the Commission; or
(b)planning or preparation for the performance of a duty or function or exercise of a power by the Commission; or
(c)the Commission’s consideration of whether to perform a duty or function or exercise a power.
(3)To avoid doubt, if information is disclosed in accordance with this section, the disclosure is taken, for the purposes of the Australian Privacy Principles, to be authorised by this Act.
(4)This section applies despite any other law of the Commonwealth, any rule of common law or any equitable obligation of confidence.
407ACInter-departmental agreements for information sharing under sections 407AA and 407AB#
(1)The Secretary of the Defence Department and the Secretary of the Veterans’ Affairs Department may, in writing, agree guidelines or arrangements for or in relation to:
(a)the collection of information from the Defence Department by the Commission under section 407AA or 407AB; and
(b)the use or disclosure of such information by the Commission.
(2)The Chief of the Defence Force and the Secretary of the Veterans’ Affairs Department may, in writing, agree guidelines or arrangements for or in relation to:
(a)the collection of information from the Australian Defence Force by the Commission under section 407AA or 407AB; and
(b)the use or disclosure of such information by the Commission.
(3)A copy of any guidelines or arrangements made under subsection (1) or (2) must be published on the Defence Department’s website and the Veterans’ Affairs Department’s website while those guidelines or arrangements are in force.
(4)The published copy may exclude any information that the Secretary of the Veterans’ Affairs Department or the Secretary of the Defence Department or the Chief of the Defence Force (as the case may be) is satisfied:
(a)is personal information about an individual and the individual has not consented to the use or disclosure of the information; or
(b)is confidential or commercially sensitive; or
(c)would or could reasonably be expected to, if it were published, cause damage to the security, defence or international relations of the Commonwealth.
(5)Guidelines or arrangements made under subsection (1) or (2) are not legislative instruments.
Delegation
(6)The Secretary of the Defence Department or the Chief of the Defence Force may delegate any or all of their powers under this section (other than this subsection) to:
(a)a person who holds, or is acting in, an SES position, or an equivalent or higher position, in the Defence Department; or
(b)a person who holds a rank not lower than the rank of Commodore, Brigadier or Air Commodore.
(7)The Secretary of the Veterans’ Affairs Department may delegate any or all of the Secretary’s powers under this section (other than this subsection) to a person who holds, or is acting in, an SES position, or an equivalent or higher position, in the Veterans’ Affairs Department.
10 Section 407B
Omit “407A”, substitute “407AA or 407AB”.
Part 2 · Application
11 Application of this Schedule
(1) The amendments of the Defence Act 1903 made by this Schedule apply in relation to the collection, use or disclosure of information at or after the commencement of this Schedule (whether that information was obtained or generated before, at or after the commencement of this Schedule).
(2) The amendments of the Military Rehabilitation and Compensation Act 2004 made by this Schedule apply in relation to the collection, use or disclosure of information at or after the commencement of this Schedule (whether that information was obtained or generated before, at or after the commencement of this Schedule).
Schedule 2 · Defence health services
Part 1 · Amendments
Defence Act 1903#
1 Subsection 4(1)
Insert:
approved health monitoring activity means an activity approved under subsection 70LE(1).
approved quality assurance and improvement activity means a quality assurance and improvement activity approved under subsection 70N(3).
Defence health practitioner has the meaning given by subsection 70L(6).
Defence health services has the meaning given by subsections 70L(2) and (3).
Defence health services information has the meaning given by subsection 70L(5).
Defence health system worker has the meaning given by subsection 70L(4).
health information has the same meaning as in the Privacy Act 1988.
quality assurance and improvement activity has the meaning given by subsection 70N(2).
Surgeon General ADF means the officer who holds the office of Surgeon General ADF in the Australian Defence Force or a member acting in that office.
2 At the end of section 70H
Add:
Defence health services are provided through the Defence health system to members of the Defence Force and other persons involved with, or significantly connected to, the Defence Force to:
(a) ensure members are fit to serve; and
(b) support the lifetime wellbeing, health and safety of members and those other persons.
The collection, use and disclosure of Defence health services information is authorised for purposes including:
(a) the provision of Defence health services; and
(b) undertaking activities to monitor the health of the Defence Force population over time; and
(c) undertaking quality assurance and improvement activities.
3 At the end of Part VIAB
Add:
Division 3 · Defence health services
Subdivision A · The Defence health system and Defence health services
70LThe Defence health system#
(1)The primary purposes of the Defence health system are:
(a)to provide Defence health services:
(i)to keep members of the Defence Force fit for the performance of their duties; and
(ii)to support the lifetime wellbeing, health and safety of members of the Defence Force; and
(iii)to other persons for the purposes of supporting the operation of the Australian Defence Force; and
(b)to provide Defence health services in a manner commensurate with, or to a higher standard than, what is required of civilian health practitioners when providing health services to the general community in Australia.
(2)Defence health services are health services provided, or arranged to be provided, by the Commonwealth:
(a)to a member of the Defence Force (whether rendering continuous full time service or otherwise); or
(b)to a member of a visiting force (within the meaning of the Defence (Visiting Forces) Act 1963); or
(c)to a person for the purposes of determining whether the person is fit to be a member of the Defence Force; or
(d)to a person who is not a member of the Defence Force but is:
(i)involved with an operation of the Australian Defence Force; or
(ii)involved in the provision of assistance mentioned in subsection 123AA(1); or
(e)to a person who is not a member of the Defence Force but is included in a prescribed class of persons who:
(i)are otherwise involved with the Australian Defence Force; or
(ii)have a significant connection to the Australian Defence Force.
(3)Defence health services include the supply of items, including pharmaceuticals, health consumables, equipment and therapeutic products, for the purposes of the provision of Defence health services.
(4)A Defence health system worker is a person:
(a)who:
(i)provides a Defence health service; or
(ii)assists a person to provide a Defence health service; or
(iii)performs functions or duties or exercises powers in the course of or for the purposes of planning, managing or administering the Defence health system; and
(b)who is:
(i)a member of the Defence Force; or
(ii)a defence civilian (within the meaning of Part VIIIA); or
(iii)the Secretary of, or an APS employee in, the Department; or
(iv)engaged as a consultant, or contractor, to perform services for, or supply goods to, the Department or the Australian Defence Force; or
(v)an employee, or official of, a Commonwealth, State or Territory authority that is assisting the Department or the Australian Defence Force and has been made available by the authority for that purpose; or
(vi)a member of a visiting force (within the meaning of the Defence (Visiting Forces) Act 1963); or
(vii)otherwise covered by an agreement or arrangement for the provision of Defence health services outside of Australia.
(5)Information is Defence health services information if it is obtained or generated by a Defence health system worker in the course of or for the purposes of:
(a)providing, or assisting a person to provide, a Defence health service; or
(b)planning, managing or administering the Defence health system; or
(c)performing a function or duty, or exercising a power, under this Division.
(6)A Defence health practitioner is a Defence health system worker who provides Defence health services as:
(a)a medical practitioner; or
(b)a dental practitioner; or
(c)a nurse; or
(d)an allied health professional; or
(e)a health professional of a prescribed kind.
70LADefence health services that must be provided to members rendering continuous full time service#
(1)The Commonwealth must arrange provision to a member of the Defence Force rendering continuous full time service of Defence health services that are necessary to keep the member fit for the performance of the member’s duties.
(2)The Commonwealth must arrange for the supply of items required for the provision of such Defence health services to such members, including arranging associated activities such as transport, storage and possession of such items.
70LBObligations on members and Defence health practitioners in relation to fitness for duty#
(1)A member of the Defence Force must inform the Surgeon General ADF of any health service rendered to the member that is not a Defence health service.
(2)If:
(a)a Defence health practitioner provides a Defence health service to a member of the Defence Force; and
(b)the Defence health practitioner is aware of a circumstance in relation to the member that is affecting, or may reasonably be likely to affect, the member’s fitness to perform the member’s duties;
the practitioner must inform the person who is in direct command of the member or is the member’s direct supervisor.
70LCRecovery of the costs of Defence health services in certain circumstances#
(1)If:
(a)the Commonwealth provides a Defence health service to a person (the patient) in relation to an illness or injury; and
(b)the Secretary is satisfied that the patient may have an enforceable claim for damages against a person for the illness or injury; and
(c)the Secretary is satisfied that it is reasonable in the circumstances for the Commonwealth to recoup an amount for the service from the patient;
the Secretary may, in writing, require the patient to pay the amount to the Commonwealth.
(2)The amount must not exceed the expense incurred by the Commonwealth.
(3)The amount is a debt due to the Commonwealth.
(4)Without limiting the means by which the debt may be recovered, the Commonwealth may deduct the amount from any salary or allowances paid by the Commonwealth to the patient.
(5)Subsection (1):
(a)applies regardless of when the illness or injury occurred or when the enforceable claim for damages may have arisen; and
(b)continues to apply to a person who ceases to be a member at any time after receiving the service.
70LDApplication of State and Territory laws to Defence health services where Defence Instruction issued#
If a Defence Instruction deals with a matter relating to:
(a)the provision of a Defence health service; or
(b)an activity associated with the provision of a Defence health service (such as transport, storage and possession of items required to provide the Defence health service);
the provision of the Defence health service, or the conduct of the activity, in a State or Territory is not required to comply with any law of a State or Territory dealing with that matter.
70LEApproved health monitoring activities#
(1)The Surgeon General ADF may, by legislative instrument, approve a health monitoring activity or class of health monitoring activities.
(2)A health monitoring activity is:
(a)an activity undertaken for the purposes of monitoring the health of the Defence Force population over time, including for the purposes of:
(i)identifying and analysing the incidence, prevalence or distribution of disease, injury or health risk factors in the population; and
(ii)identifying and analysing trends in the wellbeing, health and fitness of individuals in the population; and
(iii)developing, guiding, and assessing the effectiveness of, policies, programmes or interventions to improve health outcomes, or prevent disease or injury, in the population; and
(iv)supporting the operation of the Defence Force; or
(b)an activity undertaken for the purposes of monitoring the operation or performance of the Defence health system over time.
(3)An approval under subsection (1) may provide that the activity or class of activity may only be conducted:
(a)by specified persons or a class of specified persons; and
(b)in compliance with specified conditions.
70LFAuthorised disclosure to public health authorities#
(1)The Surgeon General ADF may, by legislative instrument, approve the disclosure of specified Defence health services information to State, Territory or foreign public health authorities in specified circumstances if the Surgeon General ADF is satisfied that civilian health practitioners would be authorised or required in similar circumstances to disclose information of that kind to a public health authority.
(2)An approval under subsection (1) may provide that disclosure may only be made:
(a)by specified persons or a class of specified persons; and
(b)in compliance with specified conditions.
(3)However, a disclosure must only be made to a State or Territory public health authority in circumstances where the public health authority has undertaken not to use or further disclose the information except in accordance with an agreement that:
(a)is in force between the Commonwealth and the State or Territory; and
(b)applies in relation to the information.
(4)An instrument under subsection (1) may be made only to the extent that the instrument is with respect to one or more legislative powers of the Parliament.
(5)An instrument under subsection (1) must specify the legislative power or powers of the Parliament in respect of which the instrument is made.
(6)The other provisions of this Part do not limit the instruments that may be made for the purposes of subsection (1).
70LGImmunity for Defence health system workers for authorised dealings with Defence health services information#
(1)A Defence health system worker is not liable to a civil action or other civil proceeding for damages for or in relation to an act done or omitted in good faith:
(a)in relation to the collection, use or disclosure of Defence health services information as authorised by this Part; and
(b)in the performance or purported performance of the Defence health system worker’s duties.
(2)A person that wishes to rely on subsection (1) in relation to an action or other proceeding bears an evidential burden (within the meaning of the Regulatory Powers Act) in relation to that matter.
Subdivision B · Collection, use and disclosure of Defence health services information
70MAuthorised collection, use and disclosure of Defence health services information#
A Defence health system worker may collect, use or disclose Defence health services information (including personal information and sensitive information) about a person if the collection, use or disclosure:
(a)is authorised under the Privacy Act 1988, another provision of this Act or the Military Rehabilitation and Compensation Act 2004; or
(b)is necessary to provide a Defence health service to the person; or
(c)if the information relates to the family, social or medical history of the person—is necessary to provide a Defence health service to another person; or
(d)is for the purposes of:
(i)planning, managing or administering the Defence health system; or
(ii)conducting an approved health monitoring activity; or
(iii)conducting a quality assurance and improvement activity; or
(iv)conducting an approved quality assurance and improvement activity; or
(v)a disclosure required by subsection 70LB(2); or
(vi)a disclosure approved under subsection 70LF(1).
70MADisclosure of Defence health services information about a deceased person#
A Defence health system worker may disclose Defence health services information (including personal information and sensitive information) about a deceased person who was a member of the Defence Force:
(a)to an executor or an administrator of the deceased person’s estate; or
(b)to a family member of the deceased person where the Defence health system worker is satisfied that for compassionate reasons the information should be disclosed to the family member; or
(c)as required or authorised by a Commonwealth law; or
(d)as required by a State or Territory law.
70MBUse and disclosure of Defence health services information for other individual health purposes#
Disclosure where person incapable of giving consent
(1)A Defence health practitioner may disclose Defence health services information (including personal information and sensitive information) about a person if:
(a)the person is physically or legally incapable of giving consent to the disclosure; and
(b)another Defence health practitioner is satisfied that either:
(i)the disclosure is necessary to provide appropriate care or treatment of the person; or
(ii)the disclosure is made to a family member of the person for compassionate reasons; and
(c)the disclosure is not contrary to any wish:
(i)expressed by the person before the person became unable to give or communicate consent; and
(ii)of which the other Defence health practitioner is aware, or of which the other Defence health practitioner could reasonably be expected to be aware; and
(d)the disclosure is limited to the extent reasonable and necessary for a purpose mentioned in paragraph (b).
Use or disclosure—serious threat to life, health or safety of immediate family member
(2)A Defence health system worker may use or disclose Defence health services information that is health information about a member or former member of the Defence Force (the first person) if:
(a)the Defence health system worker reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of another person who is an immediate family member of the first person; and
(b)the use or disclosure is conducted in accordance with any applicable guidelines approved under section 95AA of the Privacy Act 1988; and
(c)in the case of disclosure:
(i)the recipient of the information is an immediate family member of the first person; and
(ii)the Defence health system worker is satisfied that the disclosure would support the wellbeing, health or safety of the first person or a family member of the first person.
Subdivision C · Quality assurance and improvement activities
70NQuality assurance and improvement activities for Defence health services#
Quality assurance and improvement activities
(1)Quality assurance and improvement activities may be conducted in relation to the provision of Defence health services.
(a)an assessment or evaluation of the quality of Defence health services or factors that may affect the quality of Defence health services; or
(b)an assessment or evaluation of an incident related to the provision of Defence health services; or
(c)the making of a recommendation to improve the provision of Defence health services or prevent incidents as a result of such an assessment or evaluation; or
(d)the monitoring of the implementation of such a recommendation.
Surgeon General ADF approved quality assurance and improvement activities
(3)The Surgeon General ADF may, by legislative instrument, approve a particular quality assurance and improvement activity, or a class of quality assurance and improvement activities, for the purposes of sections 70NA and 70NB.
(4)An approval under subsection (3) may provide that a quality assurance and improvement activity or class of activities may only be conducted:
(a)by specified persons or a class of specified persons; and
(b)in compliance with specified conditions.
70NAProtection of information obtained in connection with an approved quality assurance and improvement activity#
(1)A person commits an offence if:
(a)the person obtains information or a document:
(i)when the person is a Commonwealth officer (within the meaning of Part 5.6 of the Criminal Code); and
(ii)in connection with an approved quality assurance and improvement activity; and
(b)the person discloses the information or document; and
(c)the disclosure is not:
(i)for the purposes of the approved quality assurance and improvement activity; or
(ii)otherwise authorised by the Surgeon General ADF; and
(d)none of the following apply:
(i)the information or document has been lawfully made available to the public;
(ii)the disclosure is to the person to whom the information or document relates;
(iii)the disclosure is to the person who provided the information or document.
Penalty: Imprisonment for 2 years.
(2)If a person has obtained information or a document in connection with an approved quality assurance and improvement activity, a Commonwealth, State or Territory court cannot require the person to disclose the information or produce the document.
(3)Despite subsections (1) and (2), this section does not apply to proceedings in a federal court exercising original jurisdiction in which a writ of mandamus or prohibition or an injunction is sought against an officer or officers of the Commonwealth.
70NBImmunity for persons involved in approved quality assurance and improvement activity#
(1)A person is not liable to a civil action or other civil proceeding for, or in relation to, an act done or omitted in good faith in connection with an approved quality assurance and improvement activity.
(2)A person that wishes to rely on subsection (1) in relation to an action or other proceeding bears an evidential burden (within the meaning of the Regulatory Powers Act) in relation to that matter.
Subdivision D · Other matters
70PDelegation by Surgeon General ADF#
(1)The Surgeon General ADF may, in writing, delegate one or more of the Surgeon General ADF’s functions or powers under this Division to:
(a)an officer of the Navy who holds the rank of Commodore or a higher rank; or
(b)an officer of the Army who holds the rank of Brigadier or a higher rank; or
(c)an officer of the Air Force who holds the rank of Air Commodore or a higher rank; or
(d)an SES employee, or acting SES employee, in the Department.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
Directions to delegate
(2)A person performing functions or exercising powers under a delegation under subsection (1) must comply with any written directions of the Surgeon General ADF under subsection (3).
(3)The Surgeon General ADF may, in writing, give directions for the purposes of subsection (2).
4 After subsection 120A(4)
Insert:
(5)The Secretary may, by instrument in writing, delegate the Secretary’s power under 70LC to:
(a)an officer of the Navy who holds the rank of Commodore or a higher rank; or
(b)an officer of the Army who holds the rank of Brigadier or a higher rank; or
(c)an officer of the Air Force who holds the rank of Air Commodore or a higher rank; or
(d)an SES employee, or acting SES employee, in the Department.
Part 2 · Application
6 Application of this Schedule
(1) The amendments of the Defence Act 1903 made by this Schedule apply in relation to the provision of a Defence health service at or after the commencement of this Schedule.
(2) The amendments of the Defence Act 1903 made by this Schedule apply in relation to the collection, use and disclosure of information at or after the commencement of this Schedule (whether that information was obtained or generated before, at or after the commencement of this Schedule).
Schedule 3 · Other amendments to support ADF families
Defence Act 1903#
1 Subsection 4(1)
Insert:
former partner of a member means a person who was, but no longer is, both:
(a)a member of the household of the member; and
(b)the member’s spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901).
3 Paragraphs 58B(1)(c) and (e)
After “families of members”, insert “or former partners of members”.
4 Subsection 58B(1B)
After “a member of the family of a member”, insert “or former partner of a member”.
5 Subsection 58B(1B)
After “the member of the family of the member”, insert “or former partner of the member”.
6 Subsection 58B(2)
After “family of a member”, insert “or former partner of a member”.
7 After subsection 58B(2)
Insert:
(3)A determination under subsection (1) may only provide for a payment, or benefit, to be provided to or in respect of a former partner of a member if:
(a)the former partner is impacted by family and domestic violence (within the meaning of the Fair Work Act 2009); and
(b)the payment or benefit is provided for the purposes of assisting the former partner to safely separate from the member; and
(c)the payment or benefit is not payable in respect of a period that occurs later than 12 months after the former partner became a former partner of the member.
8 At the end of section 70H
Add:
The collection, use and disclosure of information about members of the Defence Force, former members of the Defence Force, and their families is also authorised for the purposes of facilitating the provision by the Commonwealth of services, payments and benefits to support members, former members, and their families.
9 At the end of Part VIAB
Add:
Division 4 · Information sharing to support ADF families
70QAuthorised collection, use and disclosure of personal information about family etc.#
(1)A Defence support worker may, for a permitted purpose referred to in subsection (2):
(a)collect from a member personal information about an ADF family person of the member; or
(b)collect personal information about a member from an ADF family person of the member; or
(c)use or disclose information referred to in paragraph (a) or (b).
(2)The permitted purposes are:
(a)informing the member or an ADF family person of the member of services, payments or benefits provided by the Commonwealth to support family members or former partners of members; or
(b)providing the member or an ADF family person of the member a service, payment or benefit provided by the Commonwealth to support family members or former partners of members.
(3)An ADF family person of a member is a person who is:
(a)a member of the family of the member (within the meaning of section 58A); or
(b)a former partner of the member (within the meaning of section 58A).
(4)A Defence support worker is a person:
(a)who:
(i)performs functions or duties or exercises powers in the course of or for the purposes of providing services to support family members or former partners of members; or
(ii)performs functions or duties or exercises powers for the purposes of Division 1 of Part IIIA or a determination made under that Division; and
(b)who is:
(i)a member of the Defence Force; or
(ii)a defence civilian (within the meaning of Part VIIIA); or
(iii)the Secretary of, or an APS employee in, the Department; or
(iv)engaged as a consultant, or contractor, to perform services for, or supply goods to, the Department or the Australian Defence Force; or
(v)an employee, or official of, a Commonwealth, State or Territory authority that is assisting the Department or the Australian Defence Force and has been made available by the authority for that purpose.
(5)For the purposes of this section, member includes a person who has ceased to be a member, whether by reason of death or otherwise.
70QAOpt out for direct marketing communications in relation to services, payments or benefits#
(1)Despite section 70Q, direct marketing communications about services, payments or benefits provided to support family members or former partners of members must not be sent to a person if the person has opted out from receiving such communications.
(2)A person may, orally or in writing (including by electronic means), opt out from receiving such communications at any time.
(3)A person who has opted out may, orally or in writing (including by electronic means), opt in to receiving such communications at any time.
10 Application of this Schedule
(1) The amendments of Division 1 of Part IIIA of the Defence Act 1903 made by this Schedule apply in relation to a person who was a member’s spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901) at or after the day that is 12 months before the commencement of this Schedule.
(2) Division 4 of Part VIAB of the Defence Act 1903, as inserted by this Schedule, applies in relation to the collection, use or disclosure of information at or after the commencement of this Schedule (whether that information was obtained or generated before, at or after the commencement of this Schedule).
Schedule 4 · Requirements to serve in the Defence Force
Part 1 · Amendments
22AOnly fit and proper persons to serve in the Defence Force#
(1)A person must not be accepted for service in the Defence Force if:
(a)subject to subsection (2), the person has been convicted of a serious violent or sexual offence and sentenced to a period of imprisonment (regardless of whether any period of the sentence has been suspended); or
(b)subject to subsection (2), the person has been convicted of an offence against an Australian or foreign law that, in the opinion of the Chief of the Defence Force, is such as to render that person unsuitable for service in the Defence Force; or
(c)the service of the person in the Defence Force might, in the opinion of the Chief of the Defence Force, be prejudicial to the security or defence of Australia; or
(d)the Chief of the Defence Force is satisfied that the person is otherwise not a fit and proper person to serve in the Defence Force.
(2)Subsection (1):
(a)does not affect the royal prerogative of mercy; and
(b)does not apply to a conviction of a person if the person is granted a pardon or the conviction is overturned on appeal.
(3)The regulations may make provision for, or in relation to, the following:
(a)processes for making a decision under subsection (1);
(b)matters that may or must be taken into account when making a decision under subsection (1).
2 After Division 2 of Part III
Insert:
Division 2A · End of service in the Defence Force
27AEnd of service if convicted of certain offences#
(1)If a person who is a member is convicted of an offence against an Australian law and sentenced to a period of imprisonment (regardless of whether any period of the sentence has been suspended), the person’s service ends on the day on which the member is sentenced.
Note: If the offence is a serious violent or sexual offence and subsection (2) does not apply, the person must not be accepted for future service in the Defence Force: see paragraph 22A(1)(a).
(2)The person may apply to the Chief of the Defence Force for reinstatement in the Defence Force if:
(a)the person is granted a pardon; or
(b)the conviction is overturned on appeal; or
(c)on appeal the person’s sentence is reduced so as to not include a period of imprisonment.
(3)The Chief of the Defence may reinstate the person as a member of the Defence Force.
(4)An application under subsection (2) must be made within:
(a)the period of 2 months beginning on the day the pardon was granted, the conviction is overturned or the sentence is reduced (as the case may be); or
(b)such further period allowed by the Chief of the Defence Force because of special circumstances.
(5)This section does not by implication limit regulations that may be made under section 124 (including under paragraph 124(1)(a)).
27BEnd of service if not a fit and proper person#
(1)The Chief of the Defence Force may end the service of a member of the Defence Force if:
(a)subject to subsection (2), the member is convicted of an offence against an Australian or foreign law that, in the opinion of the Chief of the Defence Force, is such as to render that member unsuitable for service in the Defence Force; or
(b)the service of the member in the Defence Force might, in the opinion of the Chief of the Defence Force, be prejudicial to the security or defence of Australia; or
(c)the Chief of the Defence Force is satisfied that the member is otherwise not a fit and proper person to serve in the Defence Force.
(2)Subsection (1):
(a)does not affect the royal prerogative of mercy; and
(b)does not apply to a conviction of a person if the person is granted a pardon or the conviction is overturned on appeal (as the case may be).
(3)The regulations may make provision for, or in relation to, the following:
(a)processes for making a decision under subsection (1);
(b)matters that may or must be taken into account when making a decision under subsection (1).
(4)This section does not by implication limit regulations that may be made under section 124 (including under paragraph 124(1)(a)).
3 Subsection 101(2)
Omit “be in writing”, substitute “be given in writing within a reasonable period after the end of the period specified in the notice”.
4 Subsection 101(3)
Repeal the subsection, substitute:
(3)The termination takes effect on the day specified in the termination, which must be at least 21 days after the day a copy of the termination is given to the person.
5 After paragraph 120A(3D)(c)
Insert:
(ca)powers under section 22A—to:
(i)a member who holds a rank not lower than Chief Petty Officer, Warrant Officer Class 2 or Flight Sergeant; or
(ii)an APS employee who holds, or performs the duties of, a position not below an Executive Level 1 position, or equivalent, in the Department;
(cb)powers under sections 27A and 27B—to:
(i)a member who holds a rank not lower than Lieutenant Commander, Major or Squadron Leader;
(ii)an APS employee who holds, or performs the duties of, a position not below an Executive Level 1 position, or equivalent, in the Department;
6 Paragraph 120A(3D)(e)
Repeal the paragraph, substitute:
(e)powers under sections 100 and 101 (other than the power under subparagraph 101(1)(b)(ii))—to:
(i)a member who holds a rank not lower than Chief Petty Officer, Warrant Officer Class 2 or Flight Sergeant; or
(ii)an APS employee who holds, or performs the duties of, a position not below an Executive Level 1 position, or equivalent, in the Department;
(eaa)the power under subparagraph 101(1)(b)(ii)—to:
(i)a member who holds a rank not lower than Lieutenant Commander, Major or Squadron Leader; or
(ii)an APS employee who holds, or performs the duties of, a position not below an Executive Level 1 position, or equivalent, in the Department;
7 Section 123F
Repeal the section.
Part 2 · Application
8 Application of this Schedule
(1) Section 22A of the Defence Act 1903, as inserted by this Schedule, applies in relation to the acceptance of a person to serve in the Defence Force made at or after the commencement of this Schedule. For the purpose of making a decision under that section it does not matter whether the relevant conduct occurred before, at or after that commencement.
(2) Division 2A of Part III of the Defence Act 1903, as inserted by this Schedule, applies in relation to a person who is a member at or after the commencement of this Schedule, including in relation to the sentencing of the member at or after the commencement of this Schedule, including for an offence committed before the commencement of this Schedule.
(3) The amendments of section 101 of the Defence Act 1903 made by this Schedule apply in relation to a notice given under section 100 of that Act at or after the commencement of this Schedule (regardless of whether the relevant conduct occurred before, at or after that commencement).
(4) A delegation that was made by the Chief of the Defence Force under paragraph 120A(3D)(e) of the Defence Act 1903 and was in force immediately before the commencement of this Schedule has effect, at and after that commencement, as if the delegation had been made by the Chief of the Defence Force for the purposes of paragraph 120A(3D)(e) or (ea) (as the case may be) as inserted by this Schedule.
Part 3 · Contingent amendments
Defence Act 1903#
9 Subsection 4(1)
Insert:
serious violent or sexual offence has the same meaning as in the Defence Force Discipline Act 1982.
10 Subsection 4(1)
Insert:
(a)an offence against Part 3, 3A, 4 or 5 of the Crimes Act 1900 (ACT); or
(b)a serious violent or sexual offence within the meaning of Division 395 of the Criminal Code; or
(c)a serious foreign violent or sexual offence within the meaning of Division 395 of the Criminal Code.
11 Subsection 4(1) (definition of serious violent or sexual offence)
Repeal the definition, substitute:
serious violent or sexual offence has the same meaning as in the Defence Force Discipline Act 1982.
Schedule 5 · Other amendments
Defence and Veterans’ Service Commissioner Act 2026#
1 After subsection 25(2)
Insert:
(2A)If a final inquiry report is given to the Minister under subsection (2), the Commissioner may also request the report to be tabled in each House of the Parliament.
2 Subsection 26(1)
Omit “25(2) or (3)”, substitute “25(3), or the Minister is requested to table a final report under subsection 25(2A)”.
3 Subsection 31(1)
Repeal the subsection, substitute:
(1)If the Commissioner has reasonable grounds to suspect that a person has evidence relevant to a special inquiry, the Commissioner may, by notice in writing, summon the person:
(a)to attend a hearing at a time and place specified in the notice to:
(i)give evidence relevant to the special inquiry; or
(ii)produce documents or things specified in the notice that are relevant to the special inquiry; and
(b)to attend from day to day unless excused, or released from further attendance, by the Commissioner.
Note: Failure to comply with a notice is an offence: see section 57.
4 Paragraph 57(1)(b)
Repeal the paragraph, substitute:
(b)the person:
(i)fails to attend the hearing; or
(ii)refuses to be sworn or to make an affirmation at the hearing; or
(iii)fails to attend the hearing on a day where the person had not been excused, or released from further attendance, by the Commissioner.
5 Application of this Schedule
(1) The amendments of sections 25 and 26 of the Defence and Veterans’ Service Commissioner Act 2026 made by this Schedule apply in relation to a final inquiry report given to the Minister at or after the commencement of this Schedule.
(2) Subsection 31(1) and paragraph 57(1)(b) of the Defence and Veterans’ Service Commissioner Act 2026 as substituted by this Schedule apply in relation to a notice served on a person at or after the commencement of this Schedule.
[Minister’s second reading speech made in—
House of Representatives on 25 June 2026
Senate on 2 July 2026]
(75/26)
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.