Introduction
Referral and conduct of inquiry
1.1
On 10 November 2016, the Senate referred an inquiry into the operation
of the Australian Defence Force's (ADF's) resistance to interrogation (RTI)
training to the Foreign Affairs, Defence and Trade References Committee for
inquiry and report by 20 March 2017. On 20 March 2017 the Senate agreed to
extend the reporting date to 27 March 2017. The terms of references for the
inquiry include:
-
what training methods are used;
-
whether these training methods are
in accordance with Australia’s international obligations and Australian
domestic laws;
-
the effectiveness of existing ADF
supervisory control measures;
-
the ongoing mental health and
wellbeing of personnel who have participated in RTI training; and
-
the matters raised in questions to
Lieutenant General Campbell during the 2015-16 additional estimates.
1.2
The motion to refer the inquiry also provided that the Senate:
-
notes that Lieutenant General
Campbell acknowledged, during estimates questioning, that video and other
electronic records were made by the ADF of RTI training; and
-
calls on the Minister for Defence
(Senator Payne) to provide the committee, under special circumstances which
protect serving and former ADF personnel identities and operational security,
with all recordings made by the ADF of RTI training by 28 December 2016 to
assist the committee with the inquiry.
1.3
The committee advertised the inquiry on its website and wrote to
individuals and organisations likely have an interest in the inquiry and invited
them to make written submissions. The committee received 10 submissions to the
inquiry which are listed at Appendix 1. A number of submissions which included
details about the content, training methods and survival strategies exercised
after RTI training were received in camera, but subsequently published with
this information redacted.
Background
1.4
During the previous (44th) parliament, an inquiry with
identical terms of reference was referred to the committee on 29 February 2016
for inquiry and report by 1 May 2016 (subsequently extended to 28 June 2016).
The reference included a requirement for the Minister for Defence, the Hon
Marise Payne, to provide the committee with all RTI training recordings. Public
interest in Defence's RTI training activities followed media reporting in
February 2016 of SAS Trooper Evan Donaldson's long-running dispute with Defence
and DVA arising from the RTI training he completed in 2006. Trooper Donaldson
alleged he was assaulted and injured during the training which resulted in
lasting psychological damage.
1.5
Defence was questioned about its RTI training activities during the
Foreign Affairs, Defence and Trade Legislation Committee's additional estimates
hearing in February 2016. The Chief of Army, Lieutenant General Angus Campbell,
was questioned about the nature of the training, but he declined to answer the
questions due to their sensitive nature.
1.6
In March 2016, the Chief of Army wrote to the committee in relation to a
Senate motion requesting that the committee be given access to all recordings
made by the ADF of RTI training. While the Chief of Army agreed to provide
sample video recordings under appropriate arrangements to maintain the
integrity of the training, he stressed:
The provision of what amounts to thousands of hours of video
is not practical and I respectfully request that the committee consider viewing
a sample of video from various stages of the training, which could then be
narrated and described in person by a subject matter expert...Also, to ensure
careful management of the video footage, I would prefer that it is viewed at
Russell Offices where I can ensure the necessary security controls are
established and maintained.[1]
1.7
In further correspondence with the committee in April 2016, the Chief of
Army drew attention to what he considered were 'real and serious risks' to ADF
personnel should sensitive information about RTI techniques and procedures be
made publicly available. Publication of submissions which contain such material
could enable an enemy to '...alter their tactics, techniques and procedures in
order to improve their chances of successfully exploiting detained captured ADF
personnel'.[2]
1.8
That inquiry lapsed with the dissolution of the Senate on 9 May 2016
ahead of the 2 July 2016 federal election. The video package being put together
by Defence was not finalised by that time. The committee received six
submissions for that inquiry but no public hearings were held.
1.9
At the commencement of the 45th Parliament, the committee recommended
to the Senate that the inquiry not be re-adopted in the 45th
Parliament. The Senate at the time agreed to the committee's recommendation.
Handling and consideration of sensitive
evidence
1.10
On 21 November 2016, following referral of the inquiry to the committee
for a second time, the Senate agreed to a motion ordering the Minister for
Defence to table all recordings of the ADF's resistance to interrogation
training programs by no later than 3.30pm on 28 November 2016.
1.11
The minister's response was presented out of session on 25 November and
tabled in the Senate on 28 November. It outlined a number of reasons why the
provision of thousands of hours of video 'is not practical' including national
security considerations, health and safety, duty of care and privacy
requirements, and the need to seek the consent of all individuals who appear in
the videos.
1.12
The Minister's response requested that the Senate:
...agree to the committee viewing a sample of video from
various stages of the training, which could then be narrated and described in
person by a subject matter expert as part of the broader Senate inquiry. This
would complement Defence's submission.[3]
1.13
Consistent with the Minister's response, a sample video was made available
for the committee to view in private session on 6 February 2017 at Russell
Offices, as requested by Defence, along with a confidential briefing by a
subject-matter expert.
1.14
The committee held one in camera hearing on 7 March 2017. The committee
agreed to include in its report evidence from the hearing that would enable
readers to understand the basis of the committee's findings and recommendations,
while also maintaining the anonymity of witnesses. This evidence includes some
non-sensitive information provided by Defence in response to questions taken on
notice. The committee informed witnesses in advance of its intention to publish
some of their evidence and invited any objections to publication. No objections
were raised with the committee.
Structure of the report
1.15
Chapter 2 provides a brief overview of the main issues raised in
evidence during the inquiry. Chapter 3 includes the committee's conclusions and
recommendations.
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