Our legislation

What does the legislation say?

The Defence and Veterans' Service Commissioner

• There is a Defence and Veterans' Service Commissioner;
• The Commissioner's job includes monitoring, inquiring and reporting on issues relevant to suicide and suicidality for serving and ex-serving ADF members;
• The Commissioner will not make findings of civil or criminal wrongdoing;
• The Commissioner will not make findings on the cause of death of a defence member;
• The Commissioner will not inquire into a single exercise of power or a single performance of a function or duty;
• The Commissioner has powers necessary to perform their functions;
• The Commissioner is independent; and
• The Commissioner will be appointed by the Minister. The Minister must be satisfied that the person has suitable qualifications, training or experience.

The Defence and Veterans' Service Commission

• There is a Defence and Veterans' Service Commission;
• The DVSC commences on 29 September 2025; and
• The DVSC's role is to assist the Commissioner.

Inquiries

• The Commissioner may inquire into matters relating to systemic reform to improve suicide prevention or wellbeing outcomes for serving and ex-serving ADF members;
• The Minister may request the Commissioner inquire into or advise on matters relating to systemic reform to improve suicide prevention or wellbeing outcomes for serving and ex-serving ADF members. The Commissioner must comply with the Minister's request;
• The Commissioner must conduct at least two inquiries into the Australian Government's implementation of the Government Response to the recommendations of the Royal Commission; and
• The Commissioner may hold hearings; hearings may be public or private.

Special Inquiries

• The Commissioner may determine that an inquiry is a special inquiry. Special inquiries allow the Commissioner to use additional special inquiry powers;
• The Commissioner has to give public notice of a special inquiry, and be satisfied it is in the public interest that additional special inquiry powers may be used;
• The Commissioner may serve a notice to a person, requiring them to attend a hearing, to give information, or to produce a document;
• At a hearing, the Commissioner may require a witness to take an oath or make an affirmation that their evidence will be true;
• The Commissioner may apply for a search warrant if they suspect a relevant document or other thing might be destroyed; and
• Commonwealth, State and Territory bodies may disclose information (including personal information) to the Commissioner for the purposes of a special inquiry.

Offences

• Offences and penalties apply to support the Commissioner's special inquiry powers, including for failure to attend a hearing, give information or produce a document; and
• There are protections for witnesses in relation to their employment.

Senate Review of Schedule 9 of the VETS Act

As required by the legislation, the Senate Committee Foreign Affairs, Defence and Trade Legislation Committee conducted a review of the legislation. The Committee reported on its review on 29 August 2025 with recommendations to enhance the legislation, including consideration of establishing the DVSC through standalone legislation.

The Committee’s report states that the Committee:

“…agrees in principle that the Commission should be established through separate legislation. However, the Committee remains mindful of the timeline recommended by the Royal Commission and considers that the current legislative arrangement best supports meeting this timeframe.” 

Senate Committee Foreign Affairs, Defence and Trade Legislation Committee, Review of Schedule 9 of the VETS Act, Report, p. 36.

The Australian Government is considering the Committee’s report and intends to create standalone legislation for the DVSC that is separate from the Defence Act 1903.