1st Dec 2021, 6:08 PM – Senate Defence Legislation Amendment (Discipline Reform) Bill 2021 - in Committee - Cyber-bullying service offence

The majority voted against an amendment introduced by NSW Senator Marise Payne (Liberal), which means it failed. It concerned the cyber-bullying service offence.

Senator Payne explained that:

The purpose of this amendment is to insert the term 'in all the circumstances' and to remove the word 'offensive' from the new cyberbullying offence set out in clause 2 of schedule 3 of the bill. A cyberbullying offence will apply when a defence member has used a social media service or relevant electronic service in a way that a reasonable person would regard in all the circumstances as threatening, intimidating, harassing or humiliating another person.

Amendment text

(1) Schedule 3, item 2, page 48 (line 2), omit "as offensive or", substitute "in all the circumstances".

What does the bill do?

According to the bills digest, the purpose of the bill is "to improve and simplify the operation of the military discipline system by:

• removing the subordinate summary authority and restructuring the summary authorities to simplify the process for dealing with minor disciplinary issues
• expanding the disciplinary infringement scheme to deal more effectively with minor breaches of discipline
• introducing new service offences in relation to the failure to perform a duty or carry out an activity, cyber-bullying and failure to notify change in circumstances particularly with regard to receipt of benefits and allowances."