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I asked the ADF about whether they could have stepped in and provided the correct information that would have avoided the need for Special Forces veteran Heston Russell to take legal action to clear his name when the ABC published incorrect and defamatory information about him.

All Defence needed to do was clarify to the ABC that Heston wasn’t even in Afghanistan at the time of the allegations and a multi-million dollar legal case could have been avoided.

The Generals wouldn’t even lift a finger to help one of their own Special Forces veterans and they wonder why they have a recruitment crisis.

Transcript

Senator ROBERTS: Thank you. The next line of questioning goes to the topic of Heston Russell. How much, roughly, does the defence department spend each year on legal costs?

Mr D’Amico: I don’t have the exact figures in front of me, but I think our expenditure last year was around the $150 million mark in total.

Senator ROBERTS: Thank you. Can you give me an accurate one on notice, please.

Mr D’Amico: Yes, I’ll take that on notice.

Senator ROBERTS: Did the defence department provide financial or legal assistance to former special forces commander Heston Russell in his defamation case against the ABC recently?

Mr D’Amico: I don’t believe so.

Senator ROBERTS: Why not?

Mr D’Amico: That was a private civil matter. He commenced those defamation proceedings. The way that we provide legal support to former ADF members would be through what I’d describe as a LACE payment made under the Legal Service Directions, and that just doesn’t allow for that sort of circumstance.

Senator ROBERTS: Wouldn’t it have been in the best interests of the defence department to ensure Mr Russell won his defamation case so he could clear his name and the reputation of the November platoon and the
Australian Defence Force in general?

Mr D’Amico: I’m not sure if that’s a comment or a question.

Senator ROBERTS: Would it not be in the best interests? It’s a question?

Mr D’Amico: That’s a difficult—

Mr Moriarty: It’s in the best interests of the department for the law to be upheld. There’s been a legal process.

Senator ROBERTS: I see that. He won, but that’s not your judgement to start. I get that. Nonetheless, to be seen to leave one of your senior people out in the cold doesn’t augur well for people in the armed forces still. Mr Russell spent 16 years in the Australian Defence Force and led November platoon in Afghanistan. He was the subject of a vicious smear campaign by the ABC, who wrongly accused him of war crimes, and the judge was pretty scathing in his comments about the ABC. The Federal Court has now ordered the ABC to pay Mr Russell more than $400,000, plus costs. Why did a veteran have to fight this public battle alone, at his own expense?

Senator McAllister: May I make a number of essentially procedural points? There are three things. The first is that officials have given you advice that they complied with the policy settings that are relevant for this legal assistance that may be provided to personnel. I think the second is that, in asking them to make comment about the appropriateness of those steps, you’re effectively asking them to offer an opinion about the current policy settings. The third thing is just to remind you that Defence was not a party to these proceedings and it’s not really appropriate to ask them, as I think you’ve done just now, to comment on a civil matter.

Senator ROBERTS: Minister, what do you say in response?

CHAIR: Last question.

Senator ROBERTS: I have one more after this. What’s your opinion?

Senator McAllister: I think the officials have given you advice that they have sought to comply with the standard arrangements that are in place for providing legal support to personnel. I don’t have any more to add in
relation to that.

Senator ROBERTS: Has the Department of Defence been in contact with Heston Russell during his three-year ordeal? Did the Department of Defence attend his trial in the Federal Court? Has Defence reached out to
Russell after his victory over the ABC?

Rear Adm. Wolski: I’m not aware of any official contact with Mr Russell. This was a civil defamation case brought about by a private person and it’s not appropriate to comment any further on it.

Senator ROBERTS: Thank you, Chair.

Mr D’Amico: Senator, I can update you on a number. Earlier, I gave an approximate figure of $150 million— in fact, it’s $155,570,000.

Senator ROBERTS: You’ve got a good memory, or you’re accurate.

Mr D’Amico: It was close.

Transcript

Senator ROBERTS: I have another question about the Heston Russell case. Do you accept that much of the time, effort and expense in the Russell and ABC defamation matter could have been avoided if Defence had simply advised the ABC that the November platoon wasn’t even in Afghanistan when Heston Russell was first accused?

Senator McAllister: I think advice was provided earlier that, in the general issue of the civil matter between the ABC and Heston Russell, this is a private matter and Defence were not a party to the case. I think you are now asking Defence to speculate about events that may or may not have happened. I’m not sure that they’re going to be able to offer you an opinion of that kind.

Senator ROBERTS: I can see where you’re coming from.

Senator McAllister: We don’t wish to be unhelpful, but I think there are a number of elements of your question that make it difficult for officials to provide an answer in this forum.

Senator ROBERTS: As I understand it, the SAS people are very close-knit; they have a long association after they leave the Army that’s very much entrenched in comradeship and mateship. I would have thought that the Department of Defence would want to cultivate that because that’s our key strategic weapon as I understand it from talking to former and current members of the ADF. Anyway, that’s fine.

I confronted the ABC about their humiliating defamation loss to Heston Russell and the culture at the ABC. A federal court judge found that the unreasonable actions of ABC journalists led to protracted litigation.

Australian taxpayers are getting a multi-million bill because the ABC got it wrong and couldn’t bring themselves to apologise. Their entire culture needs an overhaul. Will the journalist responsible for publishing

disinformation, failing to act reasonably and costing the taxpayer millions about an elite veteran be punished at all? Apparently not.

At Senate Estimates I have been pursuing the Chief of the Defence Force over allegations he was illegally awarded a Distinguished Service Cross.

This represents the hard work and tiring investigations of veterans and others over many years. They deserve justice and CDF Angus Campbell must hand back his DSC and resign.

Read the full story here:

https://www.abc.net.au/news/2023-10-20/distinguished-service-medals-army-might-be-illegal/102999116

I spoke this week on the Social Security and Other Legislation Amendment (Self-Employment Programs and Other Measures) Bill 2022. Bills like this are only bandaids.

The only way to really support small business and make the country flourish is to have cheap electricity and simple regulation, two things Australia is in desperate need of.

Transcript

As servants to the people of Queensland and Australia, One Nation stands for veterans and small business. But I want to address the root cause. This is a bandaid; it’s very necessary but it’s not addressing the root cause.

Senator Gallagher has stated that self-employment is ‘an excellent alternative to traditional employment for Australians who want to use their existing skills and experience in a work environment of their choice’. We agree. Yet Labor is really anti-self-employment and soon intends to stifle small business and self-employed Australians under gig laws that could strangle the sector. They devastated California, for example, and sent people interstate. There’s nowhere to go beyond the shores of this country if Labor gets its way.

I remember what Labor, the union bosses and some dishonest, disrespectful, antihuman multinational corporations did in the Hunter Valley. Labor joined them in enabling the exploitation and abuse of casual coalminers in the Hunter, and when I tried to stand up for them the Labor member of parliament for the Hunter at the time, Mr Joel Fitzgibbon, misrepresented me and the problems, apparently to hide the problems. That perpetuated the abuse of workers and the hurting of workers. Labor does not care about workers. Modern Labor cares about getting Green votes in the inner cities.

Everyday Australians are now suffering from 2½ years of COVID mismanagement, and it is ongoing. Labor wasn’t the federal government during that time, but Labor was in power in the states, and the states and the federal government worked together, hand in hand, to destroy the productive capacity of this country, not only over the last 2½ years but over the last 78 years, since 1944. Labor wants to phase out the coal industry and jobs in the coal sector and related sectors. The Labor-Greens coalition in the Senate is hell-bent on doing that. Labor is in favour of eroding our rights and freedoms and increasing rents, house prices, energy prices and debt. There is a lack of much-needed tax reform and economic reform. That needs to be comprehensive reform. As I said a minute ago, Australia’s productive capacity is being destroyed and has been in the process of being destroyed for 78 years.

In uncertain times, such as I’ve just described, much, much more needs to be done to support small business and the self-employed. Yes, we agree that starting a new enterprise or a self-employment assistance program is a help to some people, particularly hardworking vets who have earned the support, but they’re up against it in the form of the taxation system, energy prices, lack of infrastructure and capricious overregulation. All workers—not just vets—are suffering because the productive capacity of our beautiful country has been destroyed.

The economic environment has been destroyed. The government’s job is not to employ people. The government’s job is to create an environment that favours employment through people taking risks with investment and hiring workers. That’s where real jobs—sustainable jobs—come from. That’s known throughout civilisation. We must give Australians the opportunity to be free, to be their own boss and to own a business that offers them secure work and financial independence. They should be free to create, initiate and innovate, and that requires cheap energy. Labor, with its mates in the Labor-Greens coalition, are raising energy prices. We went from having the cheapest electricity sources in the world to having amongst the highest electricity prices in the world. It’s not due to resources and it’s not due to Mother Nature; it’s due entirely to mismanagement under the Liberal-Labor-Nats-Greens circus.

Not only do we need affordable, reliable and secure energy but also we need fair reward. That means we need a comprehensive reform of the tax system. Why are we letting multinational corporations off the hook, as we did with Robert Menzies’s bill in 1953 and Prime Minister Hawke’s legislation on the petroleum rent resource tax in the 1980s? Both sides have done it. Jim Killaly, the former deputy assistant commissioner of taxation in this country, who was responsible for large companies and international matters, said—and he said it in 1996 and in 2010—that 90 per cent of Australia’s large companies are foreign owned and, since 1953, have paid little or no company tax.

Meanwhile individuals in this country are paying exorbitant tax rates. The median income in this country now is $51,000. After tax, that’s around $45,000 or $46,000. The additional cost of Labor, Greens, Nationals and Liberals policy on energy—the additional cost of solar and wind subsidies and climate subsidies—is a staggering $1,300 per year. How the hell can someone earning $45,000 or $46,000 a year afford that additional cost? That’s not the cost of electricity; that’s an additional cost for solar and wind subsidies. We’re sending the country broke because of the people in this building lacking the courage to do what is right and tell the truth. Veterans need more support, and this bill is just not enough. When will Labor and the Greens do something about housing, rent, veteran suicide, agriculture, energy and inflation? Who will protect the economy and jobs? Who will create the economic environment that will enable people to invest, innovate, create and to be entrepreneurs? Who will do that? When will Labor and the Greens do something about this very issue? Who will restore the productive capacity of our country, the economic environment of our country? Labor and the Greens don’t understand.

In fact, while I enjoyed listening to Senator Allman-Payne yesterday, sharing her emotions freely, she was crying at the plight of the poor and then congratulating Senator Larissa Waters for her 12 years in the Senate when Senator Waters is directly responsible for raising the cost of electricity which is destroying the poor and raising prices through the roof in terms of inflation. That’s what’s going on: it’s complete ignorance. Contrary to that, we understand. One Nation understand the root causes and the solutions to the root causes of these problems. We are one people, we are one community and we are one magnificent country with enormous potential. We just need to become, again, one nation.

Today I honour those men and women who willingly answering the call to duty.

Lest We Forget.

Transcript

The men and women of our Australian Defence Force have a history of willingly answering the call for duty to protect our freedoms and our sovereignty. They do so sometimes at huge personal sacrifice, whether that be leaving their families and loved ones, or putting themselves in harm’s way to ensure the safety of others.

It’s all in a day’s work for our men and women of the armed forces. Our Defence Force personnel and our Aussie veterans are important and respected people who have committed to the defence of Australia in so many ways, in many ways, whether they have been deployed to active conflict, on peacekeeping operations, or have actually served without being deployed.

For some of our defence force personnel and our veterans, the battle, though, goes on long after they have returned from operational deployment. We must remember this at all times. The veteran death toll by suicide since 2001, by the most conservative of measures, is 10 times greater than our losses in Afghanistan.

Today, and every day, we need to remember these Aussies, and we must join to stop these preventable deaths of our servicemen and servicewomen. So, I hope you join with us in cherishing our armed forces and cherishing days like today, and that on days like today, help our younger generations to remember why our soldiers are being honoured and appreciated.