Senator Jacqui Lambie says female veterans who experienced sexual assault while deployed overseas are being abandoned by the Commonwealth.

Last year, law firm JGA Saddler launched a class action on behalf of current and former Australian Defence Force members who allege they suffered gender-based sexual assault, harassment and discrimination during their service.

The claim argues the ADF is vicariously liable for what it describes as a systemic failure to protect female personnel between 13 November 2003 and 25 May 2025.

Speaking in Parliament on Tuesday, Senator Lambie, a former corporal, said she understood Commonwealth lawyers were preparing to make submissions that some alleged incidents that occurred overseas may not be covered by Australian sex discrimination laws.

"Basically, they are arguing, if the abuse and discrimination happen overseas, then Australian laws don't apply, and you will not be protected," Senator Lambie said.

"The government isn't saying this abuse didn't happen. They're saying that if it happened overseas, then it's not their bloody problem."

The Tasmanian Senator, whose attempt to suspend the Senate standing orders failed, said that despite the government's stated commitment to reform following the Royal Commission into Defence and Veteran Suicide, it would "rather engage multiple barristers...than provide justice to these victims".

"What are you doing [Defence Minister] Richard Marles, what are you doing?" she asked.

The Australian Greens supported Senator Lambie's comments, describing the intervention as a peaceful shot across the bow of the Commonwealth.

Labor Senate leader Katy Gallagher said the matter was still in its early stages and that the Commonwealth had not yet filed its response. She told the Senate that "disclosing details could prejudice the court proceedings and impact legal professional privilege".

Legislation introduced by Senator Lambie to examine the creation of a sexual assault prevention, intervention and response commission with "real powers to deal" with abuse is currently under inquiry.

"I'm sick to death of Defence protecting these abusers," she said in the Senate on Tuesday.

"The purpose of this inquiry is not to re examine previous inquiries or individual cases, but to ensure my bill best supports victim survivors and not the abusers — unlike the top price in our military."

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