FED New Defence Mental Health Tribunal Can Order Up to 10 Years' Detention for Mentally Impaired Service Members

Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026

House of Representatives

Senate

Assent

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Introduced by: The Hon Matt Keogh MP (ALP)

Links to official parliament websites

Official page: progress through parliament

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.

The Debate

What different members said when this bill was debated:

Tim Ayres ALP

“I move: That these bills be now read a second time. I seek leave to have the second reading speeches incorporated in Hansard. Leave granted. The speeches read as follows— COMPETITION AND CONSUMER AMENDMENT (UNFAIR TRADING PRACTICES) BILL 2026 This Bill amends the Australian Consumer Law and implements the.”

Official source →

James Paterson LIB

“I rise to speak on the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill. The opposition will be supporting this bill. We do so because we recognise both the importance of the reforms before the Senate and the obligation that we all owe to our men and women who have served and who continue to serve the ADF.”

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David Shoebridge GRN

“I indicate at the start that the Greens will be supporting the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026.”

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Penny Allman-Payne GRN

“I support the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026. In doing so, though, I want to place on the record the words of someone who served this country admirably until he was subject to the abuse of discipline from the supposed leaders who are meant to protect our personnel.”

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Sean Bell PHON

“I rise to speak on the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026. I state from the outset that the opposition will support this bill. I want to thank Senator Roberts for bringing those personal letters, personal stories, to the fore to remind us of why it is so important to support this bill today.”

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Leah Blyth LIB

“I rise to speak today on the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026 bill. As foreshadowed, the coalition is supporting this bill. The bill will amend the minister’s power to issue guidelines and directions to the Director of Military Prosecutions and on the engagement of civilian contractors.”

Official source →

News articles and press releases

Context: Royal Commission into Defence and Veteran Suicide

Royal Commission into Defence and Veteran Suicide, Final Report — 2024-09-09

At least 1,677 serving and ex-serving ADF members died by suicide between 1997 and 2021, but the Royal Commission estimates the true number of preventable deaths to be upwards of 3,000.