New mental health referral and detention powers for service tribunals
Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026
1st House
2nd House
Law
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Superior officers can order accused defence members to appear before a service tribunal.
Court martial panels must determine guilt or innocence in private.
Service tribunals can pause proceedings if an accused person has a mental impairment.
Service tribunals can refer people to a Defence Mental Health Tribunal if they cannot understand the proceedings.
The Defence Mental Health Tribunal can order detention, care, or treatment for up to 10 years for serious violent or sexual conduct; other cases are limited to 3 years.
The Registrar can hold a person until the Defence Mental Health Tribunal makes a decision.
People face legal consequences for summary contraventions; this does not apply if they were executing the law.