Our legislation

Find out about the law and powers that shape how we oversee system reforms in the Defence and veteran ecosystem.

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The Defence and Veterans' Service Commission (DVSC) is a key initiative in continuing reforms to improve suicide prevention and wellbeing outcomes for serving and ex-serving ADF members - as intended by the Royal Commission into Defence and Veteran Suicide.  

In February 2025, the Australian Parliament passed legislation to establish the Defence and Veterans’ Service Commissioner, with effect from 29 September 2025.  

In response to the recommendations of the Senate Foreign Affairs, Defence and Trade Legislation Committee review of Schedule 9 of the Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025, standalone enabling legislation was developed for the DVSC.  

The Defence and Veterans’ Service Commissioner Act 2026 was passed by the Australian Parliament on 31 March 2026. The Act:  

  • strengthens the independence of the Commissioner and the Commission, 
  • increases transparency and accountability, and  
  • ensures the Commissioner’s powers are adequate and appropriate to supporting their functions.   

The Act is the ongoing enabling legislation of the DVSC. You can learn more about the establishment of the DVSC here.

As a Commonwealth statutory authority, the DVSC also has responsibilities under other legislation, including the Public Service Act 1999 and the Public Governance, Performance and Accountability Act 2013.

 

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 into, 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 veteran; 
  • 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; 
  • The Commissioner will be appointed by the Governor-General; and 
  • To be appointed, the person must have suitable qualifications, training or experience and have been through a merit-based assessment process where they were assessed by a panel as suitable for appointment. 

The Defence and Veterans' Service Commission

  • There is a Defence and Veterans’ Service Commission; 
  • 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. The first progress report is due on 5 February 2027 and the second on 5 December 2030; 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 have given public notice of the initial inquiry, and be satisfied it is in the public interest that additional powers should be exercised in relation to that inquiry; 
  • 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 that 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 power, including for failure to attend a hearing, give information or produce a document; and 
  • There are protections for witnesses in relation to their employment.