Conclusion and recommendations
Introduction
3.1
The committee acknowledges the importance of informing prone-to-capture ADF
personnel of potential scenarios they may face in captivity and agrees with
Defence that individuals should receive some level of training on how to
survive with dignity. However in light of the evidence received during this
inquiry, especially from ADF personnel who completed Resistance to
Interrogation (RTI) training, the committee questions whether the Conduct after
Capture (CAC) Level C practical immersion training, which was introduced in
2006, is the most effective and safest method to deliver these outcomes.
3.2
The committee is concerned about the duration of CAC Level C training up
to 96 hours and whether this is necessary given that the committee heard
evidence that the British defence forces conduct equivalent CAC training over a
shorter 48-hour period due to risk of psychological harm.
3.3
The committee is also concerned that Level C training continues to be
conducted following arduous SAS training courses when participants are mentally
and physically exhausted. The committee believes that Defence should exercise
greater duty of care and examine the necessity of subjecting personnel to Level
C training activities when they are exhausted and at high risk of physical and
psychological injury.
Consent
3.4
On the issue of consent and voluntary participation in the training, the
committee has two main areas of concern. First, the committee was disturbed by
allegations that during the 1990s and as recently as 2006, Defence failed to
obtain the consent of some participants prior to the commencement of training activities.
Furthermore, the evidence shows that consent was obtained from some individuals
when they were mentally and physically exhausted or only after training had already
commenced.
3.5
The committee notes Defence's evidence that stricter controls around consent
were implemented following the review of RTI training that Defence completed in
2004. The committee also understands that details about activities are
intentionally withheld from participants in order to simulate likely scenarios
involving capture and interrogation. However, the committee is not convinced
that CAC training can be undertaken with participants' 'informed' consent when important
details of the training methods used are not fully disclosed.
Recommendation 1
3.6
The committee recommends that participants in Conduct after Capture
training are provided with all the relevant information on the nature of the
training activity before they sign a volunteer declaration form.
3.7
Second, the committee is concerned that prospective participants are not
being provided with information about the risk and types of injury that may
occur as a result of participation in training activities. The committee heard
evidence that physical and psychological harm is not uncommon due to the nature
and duration of the training. In light of the evidence provided by former
participants in RTI training, the committee is of the view that information on
the potential physical and psychological harm that may occur should be provided
to individuals before they consent to training.
Recommendation 2
3.8
The committee recommends that Conduct after Capture Level B briefings be
revised to include information on the risk of physical and psychological injury
that may occur as a result of participation in Level C training activities.
Duty of care
3.9
The committee notes that Defence regularly reviews its CAC training
program to reflect best practice among Australia's allies and the changing
nature of warfare and Australia's military operations abroad. While the
committee accepts that this is a necessary part of training, it agrees with the
Australian Psychological Society that high-risk training programs such as
Conduct after Capture should be subject to an arms-length, third party external
review process. A third-party review should focus on screening participants in
Level C training from an early stage after completion for any sign of
psychological harm. The committee does not believe that psychologists who
participate in CAC training are best placed to provide independent medical
assessments of participants when the training is completed.
Recommendation 3
3.10
The committee recommends that the Department of Defence implement independent
screening of individuals who have participated in Level C activities to
identify and treat psychological injuries.
3.11
The committee also received some disturbing evidence from former and serving
ADF personnel who are living with the debilitating physical and psychological effects
of RTI training completed in the 1990s. The committee is concerned that a
potentially large cohort of RTI trainees in the community may have acquired a
physical or mental health condition long after completing their RTI training, but
did not seek treatment or assistance from Defence or the Department of
Veterans' Affairs. Defence does not have a process to identify and assist these
former trainees, a situation the committee believes Defence should rectify.
3.12
The committee is of the view that Defence should be doing more to
identify and reach out to individuals who have participated in RTI and CAC
activities and provide advice on the support available for any physical and
psychological injuries arising from training.
Recommendation 4
3.13
The committee recommends that the Department of Defence conduct an audit
of its records to identify all former RTI and CAC training participants and provide
information on avenues available to treat physical and psychological injuries
arising from training.
3.14
It is unclear from the evidence received whether Defence retains records
of individuals' involvement in RTI or CAC activities. Former participants
described their difficulty receiving support from DVA as details of their
involvement in training activities appear not to have been recorded.
3.15
The committee supports measures that will improve access to health support
for current and former Defence personnel, and believes that Defence should ensure
that it keeps medical and service records of all individuals who have
participated in Level C activities.
Recommendation 5
3.16
The committee recommends that the Department of Defence retain medical
and service records of individuals' involvement in Level C activities and
ensure this information is accessible by the Department of Veterans' Affairs.
Senator Alex Gallacher
Chair
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