Footnotes

Overview

[1]        Committee Hansard, 20 June 2008, p. 42.

 

Chapter 1 - Introduction

[1]        Department of Defence, Report on the Progress of Enhancements to the Military Justice System, 13 April 2006.

[2]        Foreign Affairs Defence and Trade Legislation Committee, Reforms to Australia's military justice system, First progress report,  August 2006, Standing Committee on Foreign Affairs, Defence and Trade, Reforms to Australia's military justice system, Second progress report,  March 2007, Reforms to Australia's military justice system, Third progress report,  September 2007. 

[3]        Commonwealth Ombudsman, Australian Defence Force: Management of complaints about unacceptable behaviour, Report 04/2007, June 2007.

[4]        Refer to Standing Committee on Foreign Affairs, Defence and Trade, Reforms to Australia's military justice system, Third progress report, September 2007, including additional comments by Labor Members of the committee.

[5]        Standing Committee on Foreign Affairs, Defence and Trade, Defence Legislation Amendment Bill 2006 [Provisions], October 2006 and Defence Legislation Amendment Bill 2007 [Provisions], September 2007.

[6]        Standing Committee on Foreign Affairs, Defence and Trade, Reforms to Australia's military justice system, Second progress report, March 2007, paragraph 3.14. See also Committee Hansard, 19 June 2006, p. 10.

[7]        Department of Defence, Report on the progress of reforms to the military justice system, 5 June 2008, p. 1 (see appendix 5).

 

Chapter 2 - ADF Discipline System

[1]        Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, p. xxii.

[2]        Defence Legislation Amendment Bill 2006, Explanatory Memorandum, circulated by authority of the Minister Assisting the Minister for Defence, the Hon Bruce Billson MP, paragraph 2.

[3]        Supplementary Explanatory Memorandum and Corrigendum to the Original Explanatory Memorandum, Amendments moved on behalf of the government, circulated by authority of the Minister Assisting the Minister for Defence, the Hon Bruce Billson MP, paragraph 24.

[4]        Supplementary Explanatory Memorandum and Corrigendum to the Original Explanatory Memorandum, Amendments moved on behalf of the government, circulated by authority of the Minister Assisting the Minister for Defence, the Hon Bruce Billson MP, paragraphs 19, 20, 24, 26, 29, 31, 39 and 41.

[5]        Supplementary Explanatory Memorandum and Corrigendum to the Original Explanatory Memorandum, Amendments moved on behalf of the government, circulated by authority of the Minister Assisting the Minister for Defence, the Hon Bruce Billson MP, paragraphs 27 and 42.

[6]        Supplementary Explanatory Memorandum and Corrigendum to the Original Explanatory Memorandum, Amendments moved on behalf of the government, circulated by authority of the Minister Assisting the Minister for Defence, the Hon Bruce Billson MP, paragraph 15.

[7]        Supplementary Explanatory Memorandum and Corrigendum to the Original Explanatory Memorandum, Amendments moved on behalf of the government, circulated by authority of the Minister Assisting the Minister for Defence, the Hon Bruce Billson MP, paragraph 16.

[8]        Supplementary Explanatory Memorandum and Corrigendum to the Original Explanatory Memorandum, Amendments moved on behalf of the government, circulated by authority of the Minister Assisting the Minister for Defence, the Hon Bruce Billson MP, paragraphs 12 and 13.

[9]        House of Representatives, Hansard, 29 November 2006, p. 125.

[10]      Judge Advocate General, Defence Force Discipline Act 1982, Report for the period 1 January to 31 December 2006, paragraph 29.

[11]      Judge Advocate General Defence Force Discipline Act 1982, Report for the period 1 January to 31 December 2006,, paragraph 104.

[12]      Section 114, Defence Force Discipline Act 1982.

[13]      General Peter Cosgrove, Chief of Defence Force, Submission P16F, Foreign Affairs, Defence and Trade Reference Committee, Committee Hansard, 9 June 2004, p. 20.

[14]      Foreign Affairs Defence and Trade References Committee, Effectiveness of Australia's military justice system, June 2005, p. 100.

[15]      See also recommendations 1–4  and 8–9 in Foreign Affairs Defence and Trade References Committee, Effectiveness of Australia's military justice system, June 2005.

[16]      Submission 3 to committee's inquiry into DLAB 2006 [provisions], p. 1.

[17]      Submission 3 to committee's inquiry into DLAB 2006 [provisions], paragraphs 10 and 11.

[18]      Submission 5 to committee's inquiry into DLAB 2006 [provisions], p. 4.

[19]      Department of Defence, answers to written questions on notice during the committee's inquiry into the Defence Legislation Amendment Bill 2006 [provisions], contained in Standing Committee on Foreign Affairs, Defence and Trade, Defence Legislation Amendment Bill [provisions], October 2006, appendix 5, paragraph 5.

[20]      Committee Hansard, 20 June 2008, p. 22.

[21]      Chief Military Judge, Australian Military Court: Report for the period 1 October to 31 December 2007, paragraphs 49–55.

[22]      Committee Hansard, 20 June 2008, p. 3.

[23]      Committee Hansard, 26 June 2008, p. 10.

[24]      Committee Hansard, 26 June 2008, p. 10.

[25]      Committee Hansard, 20 June 2008, p. 3.

[26]      Committee Hansard, 20 June 2008, p. 3.

[27]      Committee Hansard, 20 June 2008, p. 9.

[28]      Committee Hansard, 20 June 2008, p. 3.

[29]      Judge Advocate General, Defence Force Discipline Act 1982, Report for the period 1 January to 31 December 2006, paragraph 75.

[30]      Judge Advocate General. Defence Force Discipline Act 1982, Report for the period 1 January to 31 December 2006, paragraph 75.

[31]      Chief Military Judge, Australian Military Court: Report for the period 1 October to 31 December 2007, paragraph 46.

[32]      Committee Hansard, 20 June 2008, pp. 45–6.

[33]      Committee Hansard, 20 June 2008, pp. 5 and 9.

[34]      Committee Hansard, 20 June 2008, pp. 33–34.

[35]      Committee Hansard, 20 June 2008, p. 34.

[36]      Committee Hansard, 20 June 2008, p. 21.

[37]      Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, pp. 102–3.

[38]      Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, p. xxii.

[39]      Department of Defence, Report on the Progress of Reforms to the Military Justice System, 5 June 2008, p. 2.

[40]      Department of Defence, Response to written question no. 6, Appendix 4, in Standing Committee on Foreign Affairs, Defence and Trade, Defence Legislation Amendment Bill 2007 [Provisions], September 2007.

[41]      Law Council of Australia to Committee, submission, 17 June 2008, p. 3.

[42]      Committee Hansard, 20 June 2008, p. 18.

[43]      Committee Hansard, 20 June 2008, p. 22.

[44]      Department of Defence, Report on the Progress of Reforms to the Military Justice System, 5 June 2008, p. 2.

[45]      Committee Hansard, 20 June 2008, p. 16.

[46]      Committee Hansard, 20 June 2008, p. 41.

[47]      Committee Hansard, 20 June 2008, p. 18. See also p. 19 where the JAG stated 'Between the two possibilities, the one virtue of having them in the rules is that if some problem emerges it can be fixed up much quicker than if they were in the act.'

[48]      Committee Hansard, 20 June 2008, p. 41.

[49]      Because this provision is yet to come into force, it is currently appended in notes to the DFDA.

[50]      Committee Hansard, 20 June 2008, p. 19.

[51]      Submission, 17 June 2008, p. 3.

[52]      Committee Hansard, 20 June 2008, p. 22.

[53]      Committee Hansard, 20 June 2008, p. 29.

[54]      Committee Hansard, 20 June 2008, p. 42.

[55]      Committee Hansard, 20 June 2008, p. 44.

[56]      Committee Hansard, 20 June 2008, p. 41.

[57]      Committee Hansard, 26 June 2008, p. 11.

[58]      Committee Hansard, 20 June 2008, p. 17.

[59]      Secretary-General, Law Council of Australia to Senator Mark Bishop, Committee Chair, 29 August 2008, Attachment A.

[60]      Committee Hansard, 20 June 2008, p. 44.

[61]      Committee Hansard, 20 June 2008, pp. 41–2.

[62]      Committee Hansard, 20 June 2008, p. 45.

[63]      Committee Hansard, 20 June 2008, p. 45.

[64]      Secretary-General, Law Council of Australia to Chair of Committee, 29 August 2008.

[65]      Committee Hansard, 5 September 2007, p. 2.

[66]      Committee Hansard, 5 September 2007, pp. 2 and 7.

[67]      Committee Hansard, 5 September 2007, p. 19.

[68]      Committee Hansard, 5 September 2007, p. 19.

[69]      Committee Hansard, 5 September 2007, p. 14.

[70]      Committee Hansard, 5 September 2007, p. 14.

[71]      Committee Hansard, 5 September 2007, p. 15.

[72]      Committee Hansard, 20 June 2008, p. 42. He indicated that the Director of Military Prosecutions had informed him that morning that she was in complete agreement with the Law Council's proposals, 'except for the last paragraph, which she thought it would be imprudent for her to go into—that is, the quality of the judges'.

[73]      Committee Hansard, 20 June 2008, p. 43.

[74]      Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, p. xxii.

[75]      The Hon. Bruce Billson, MP, Minister Assisting the Minister for Defence, Media Release, MINASSIST 024/06, 5 July 2006. See also Committee Hansard, 19 June 2006, p. 13.

[76]      Director of Military Prosecutions, Report for the period 12 June 2006 to 31 December 2007, paragraphs 50 and 63.

[77]      Committee Hansard, 20 June 2008, p. 37.

[78]      Committee Hansard, 20 June 2008, p. 38.

[79]      Committee Hansard, 20 June 2008, p. 37. See also comments by Dr Lloyd, who said, 'Two obligations are of particular importance under those directions—they certainly informed us. The first is the obligation, as a model litigant, not to resort to litigation where there are other means for resolving a dispute. The second element of the legal services directions is that it says that, where there is a dispute between two Commonwealth agencies—and this is not precisely two Commonwealth agencies, but it is a reasonable equivalent—it suggests that the appropriate mechanism is referral to the Solicitor-General to get an opinion, essentially because it is not a particularly seemly or efficient use of resources to be airing a dispute between two elements of the Commonwealth in the courts when there is the opportunity to seek a view from the Solicitor-General'. Committee Hansard, 20 June 2008, p. 38.

[80]      Committee Hansard, 26 June 2008, p. 14.

[81]      Committee Hansard, 26 June 2008, p. 15.

[82]      Committee Hansard, 20 June 2008, p. 2. See also Department of Defence, Report on the Progress of Reforms to the Military Justice System, 5 June 2008, p. 6 at appendix 5.

[83]      Committee Hansard, 20 June 2008, p. 2.

[84]      Committee Hansard, 20 June 2008, p. 2.

[85]      Committee Hansard, 20 June 2008, p. 2.

[86]      Committee Hansard, 20 June 2008, pp. 3 and 5.

[87]      Section 122, Defence Force Discipline Act 1982. For class 1 offences see Schedule 7 and, for example, sections 15, 16, 20,  21 and 59. There are three classes of offence, class 1 offences are the most serious offences dealing with, for example, abandoning a post, aiding the enemy, mutiny, desertion or selling or dealing in narcotic goods.

[88]      Chief Military Judge, Australian Military Court: Report for the period 1 October to 31 December 2007, paragraph 24 and footnote 16.

[89]      Committee Hansard, 20 June 2008, p. 19.

[90]      Committee Hansard, 20 June 2008, p. 19.

[91]      Committee Hansard, 26 June 2008, p. 17.

[92]      Committee Hansard, 26 June 2008, p. 17.

[93]      Committee Hansard, 26 June 2008, p. 17.

[94]      Committee Hansard, 20 June 2008, p. 20.

[95]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability,  July 2-006, paragraph 2.28 (1).

[96]      Director of Military Prosecutions, Report for the period 12 June 2006 to 31 December 2007, paragraphs 19–21.

[97]      Committee Hansard, 26 June 2008, p. 15.

[98]      Committee Hansard, 26 June 2008, p. 16.

 

Chapter 3 - ADF's Investigative Service

[1]        Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, p. 52.

[2]        Government response to recommendation 6 contained in Senate Foreign Affairs, Defence and Trade References Committee, Effectiveness of Australia's military justice system, June 2005. See appendix 3 of this report.

[3]        See also the 1999 Joint Standing Committee on Foreign Affairs, Defence and Trade Report Military Justice Procedures in the Australian Defence Force; the 2001 Joint Standing Committee on Foreign Affairs Defence and Trade report Rough Justice? An Investigation into Allegations of Brutality in the Army's Parachute Battalion; the 2001 'Report of an Inquiry into Military Justice in the Australian Defence Force' conducted by Mr J.C.S. Burchett QC.

[4]        Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraph 3.12.

[5]        Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraph 3.15.

[6]        Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraphs 3.12–13.

[7]        Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraph 3.12.

[8]        Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraph 3.12. The Ombudsman noted at paragraph 6.34, that there was 'some monitoring of investigations undertaken by Army and the investigation of complaints of unacceptable sexual behaviour'.

[9]        Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraph 3.13.

[10]      Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraph 3.15.

[11]      Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraph 3.19.

[12]      Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraph 3.21.

[13]      Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraph 3.21.

[14]      Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraph 3.21.

[15]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, paragraphs 4 and 5.

[16]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, paragraph 6.

[17]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, paragraph 8.

[18]      Department of Defence, Report on the progress of reforms to the military justice system, 5 June 2008. See Appendix 5.

[19]      Committee Hansard, 20 June 2008, p. 22.

[20]      Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, p. xxi.

[21]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, paragraph 4.

[22]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, paragraph 4.

[23]      Committee Hansard, 20 June 2008, pp. 22 and 33.

[24]      Committee Hansard, 20 June 2008, p. 22.

[25]      Confidential correspondence dated 16 June 2008.

[26]      Confidential correspondence dated 16 June 2008 and Committee Hansard, 20 June 2008, p. 32.

[27]      Committee Hansard, 20 June 2008, p. 33.

[28]      Committee Hansard, 20 June 2008, p. 32.

[29]      Committee Hansard, 20 June 2008, p. 32.

[30]      Committee Hansard, 20 June 2008, p. 33.

[31]      Committee Hansard, 26 June 2008, p. 12.

[32]      Directory of Military Prosecutions, Report for the period 12 June 2006 to 31 December 2007, paragraph 91.

[33]      Committee Hansard, 26 June 2008, pp. 12–13.

[34]      Committee Hansard, 26 June 2008, p. 13.

[35]      Committee Hansard, 20 June 2008, p. 39.

[36]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, paragraph 3.

[37]      Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraphs 9.23–9.26. The report cited for example, Mrs Palmer, Committee Hansard, 1 March 2004, p. 75, who felt that there was 'not much of a military investigation with evidence discarded'. Mrs McNess, Committee Hansard, 28 April 2004, pp. 62–4.

[38]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, recommendation 5.1, paragraph 5.3, p. 49.

[39]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, recommendation 5.8, paragraph 5.31, p. 49.

[40]      Defence Response to the Recommendations of the Audit of ADF Investigative Capability, response to recommendation 5.8.

[41]      Paragraph 285, Report of the Board of Inquiry into the Death of 8229393 Private Jacob Kovco.

[42]      Paragraph 282(h), Report of the Board of Inquiry into the Death of 8229393 Private Jacob Kovco.

[43]      Commonwealth Ombudsman, Own motion investigation into how the Australian Defence Force responds to allegations of serious incidents and offences: Review of Practices and Procedures, January 1998, paragraph 5.10.

[44]      Department of Defence, written answers to question on notice, W2, following hearing, 26 February 2007, May 2007.

[45]      Inquiry Officer's Report into the Death of 8265028 PTE LJ Worsley in Afghanistan on 23 Nov 07, paragraph 43.

[46]      Inquiry Officer's Report into the Death of 8229246 SGT MR Locke in Afghanistan on 25 Oct 07, paragraph 44.

 

Chapter 4 - Administrative System

[1]        Air Commodore Harvey, Committee Hansard, Inquiry into the effectiveness of Australia's military justice system, 1 March 2004, p. 54.

[2]        Department of Defence, Submission P16 to the Inquiry into the effectiveness of Australia's military justice system, p. 22 and Submission P16F, p. 3.

[3]        Submission P16 to the Inquiry into the effectiveness of Australia's military justice system, paragraph. 2.58.

[4]        Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2006, paragraph 8.114.

[5]        Committee Hansard, 19 June 2006, pp. 2 and 11.

[6]        Committee Hansard, 19 June 2006, p. 11.

[7]        Committee Hansard, 19 June 2006, pp. 2 and 6.

[8]        Committee Hansard, 19 June 2006, p. 7.

[9]        Committee Hansard, 19 June 2006, pp. 2 and 9.

[10]      Committee Hansard, 19 June 2006, p. 9.

[11]      Committee Hansard, 19 June 2006, p. 7.

[12]      Committee Hansard, 19 June 2006, p. 9.

[13]      Committee Hansard, 19 June 2006, p. 2. At this hearing in 2006, the Deputy Defence Force Ombudsman, Mr Ronald Brent, predicted a reduction of approximately 10 per cent in the number of complaints in the current financial year as against the previous one. Committee Hansard, 19 June 2006, p. 9. See also Foreign Affairs, Defence and Trade Legislation Committee, Reforms to Australia's military justice system, First progress report, August 2006, pp. 22.–23.

[14]      Committee Hansard, 19 June 2006, p. 5 and Foreign Affairs, Defence and Trade Legislation Committee, Reforms to Australia's military justice system, First progress report, August 2006, pp. 22–3 and 26.

[15]      Committee Hansard, 20 June 2008, p. 22.

[16]      Commonwealth Ombudsman, Annual Report 2006–2007, Section on Defence in Chapter 7 http://www.ombudsman.gov.au/publications_information/annual_reports/ar2006-07/index.html.

[17]      Committee Hansard, 26 June 2008, pp. 4–5.

[18]      Committee Hansard, 26 June 2008, p. 5.

[19]      Committee Hansard, 26 June 2008, p. 6.

[20]      Committee Hansard, 26 June 2008, p. 3.

[21]      Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, p. xxiii.

[22]      Commonwealth Ombudsman, Australian Defence Force: Management of Complaints about Unacceptable Behaviour, Report 04/2007, June 2007, paragraph 2.47.

[23]      Committee Hansard, 26 June 2008, p. 6.

[24]      Executive Summary, Commonwealth Ombudsman, Australian Defence Force: Management of Complaints about Unacceptable Behaviour, Report 04/2007, June 2007, p. 1 of 43.

[25]      Department of Defence, Report on the Progress of Reforms to the military justice system, 5 June 2008, p. 6.

[26]      Department of Defence, Final Report of the Learning Culture Inquiry: Inquiry into the learning culture in ADF schools and training establishments, July 2006, Attachment A.

[27]      Department of Defence, Final Report of the Learning Culture Inquiry: Inquiry into the learning culture in ADF schools and training establishments, July 2006, Executive summary, p. v.

[28]      Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, pp. 116–120.

[29]      Department of Defence, Final Report of the Learning Culture Inquiry: Inquiry into the learning culture in ADF schools and training establishments, July 2006, paragraph 54. See also paragraph 108.

[30]      Defence answer to written question on notice W13 following committee hearing 26 February 2007.

[31]      Defence answer to written question on notice W14 following committee hearing 26 February 2007.

[32]      Government response to the Senate Foreign Affairs, Defence and Trade References Committee, Report on the effectiveness of Australia's Military Justice System, October 2005. See appendix 3 in Foreign Affairs, Defence and Trade Legislation Committee, Reforms to Australia's military justice system, First progress report, August 2006 or appendix 3 in this report.

[33]      Committee Hansard, 2 November 2005, p. 8

[34]      Department of Defence, Report on the Progress to the Military Justice System, June 2008, p. 5. See appendix 3.

[35]      Committee Hansard, 20 June 2008, p. 22.

[36]      Committee Hansard, 20 June 2008, p. 36.

[37]      Report into Military Justice in the Australian Defence Force, conducted by Mr J.C.S.Burchett, QC, An Investigating Officer appointed by the Chief of the Defence Force, under the Defence (Inquiry) Regulations 1985, p. 116.

[38]      Committee Hansard, 9 June 2004, p. 10.

[39]      Committee Hansard, 9 June 2004, p. 32.

[40]      Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, p. xxiii.

[41]      Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, p. xxiii.

[42]      Committee Hansard, 19 June 2006, p. 16.

[43]      Committee Hansard, 19 June 2006, p. 17.

[44]      Committee Hansard, 19 June 2006, p. 17.

[45]      Committee Hansard, 26 June 2008, p. 5.

[46]      Commonwealth Ombudsman, Australian Defence Force: Management of Complaints about Unacceptable Behaviour, Report 04/2007, June 2007, Executive Summary, p. 1.

[47]      Executive Summary, Commonwealth Ombudsman, Australian Defence Force: Management of Complaints about Unacceptable Behaviour, Report 04/2007, June 2007, p. 1 of 43.

[48]      Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraph 8.113.

[49]      Commonwealth Ombudsman, Australian Defence Force: Management of Complaints about Unacceptable Behaviour, Report 04/2007, June 2007, paragraph 2.73.

[50]      Commonwealth Ombudsman, Australian Defence Force: Management of Complaints about Unacceptable Behaviour, Report 04/2007, June 2007, paragraph 2.73.

[51]      Supreme Court of the ACT,  Russell Vance V Air Marshall Errol John McCormack in his capacity of Air Force and Commonwealth of Australia, 28 September 2007, p. 10 of 15.

[52]      Government response to committee's recommendation 34 in Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005.

[53]      Committee Hansard, 20 June 2008, p. 23.

[54]      Department of Defence, Report on the Progress of Reforms to the Military Justice System, 5 June 2008, p. 6 and Committee Hansard, 20 June 2008, p. 23.

[55]      Committee Hansard, 20 June 2008, pp. 43–44.

[56]      Committee Hansard, 20 June 2008, p. 42.

[57]       Committee Hansard, 20 June 2008, p. 44.

[58]      Regulations 110 and 125, Defence (Inquiry) Regulations 1985, (accessed 16 September 2008).

[59]      Regulation 117 reads:

(1)    Subject to subregulation (2), a Commission of Inquiry must not conduct an inquiry in public.

(2)    The appointing authority (CDF) may direct

(a)    that a Commission of Inquiry conduct all or part of an inquiry in public; or

(b)    that a person, or persons included in a class of persons, specified in the direction may be present during all or part of an inquiry.

Defence (Inquiry) Regulations 1985, (accessed 16 September 2008).

[60]      Committee Hansard, 20 June 2008, pp. 23 and 25.

[61]      Inquiry Officer's Report into the Death of 8229246 SGT MR Locke in Afghanistan on 25 Oct 07, paragraph 51 and Inquiry Officer's Report into the Death of 8298024 TPR DR Pearce and Injury to...in Afghanistan on 8 Oct 07, paragraph 53.

[62]      Committee Hansard, 20 June 2008, p. 25.

 

Chapter 5 - Consolidating Reforms

[1]        Joint Standing Committee on Foreign Affairs, Defence and Trade, Hansard, 10 July 2008, p. 70.

[2]        Joint Standing Committee on Foreign Affairs, Defence and Trade, Hansard, 10 July 2008, p. 71.

[3]        Department of Defence, Report on the progress to reforms to the military justice system, 20 May 2008.

[4]        Department of Defence, Report on progress of enhancements to the military justice system, April 2006, p. 2.

[5]        Committee Hansard, 20 June 2008, p. 23.

[6]        Committee Hansard, 19 June 2006, p. 8.

[7]        Committee Hansard, 20 June 2008, p. 23.

[8]        Joint Standing Committee on Foreign Affairs, Defence and Trade, Hansard, 10 July 2008, p. 77.

[9]        Committee Hansard, 20 June 2008, p. 42.

[10]      Committee Hansard, Estimates, 2 November 2005, pp. 7–8.

[11]      Department of Defence, Report on the Progress of Reforms to the Military Justice System, 5 June 2008, p. 10.

[12]      Department of Defence, Report on the Progress of Reforms to the Military Justice System, 5 June 2008, p. 10.

[13]      Joint Standing Committee on Foreign Affairs, Defence and Trade, Hansard, 10 July 2008, p. 71.

[14]      Joint Standing Committee on Foreign Affairs, Defence and Trade, Hansard, 10 July 2008, p. 78.

[15]      Committee Hansard, 20 June 2008, p. 8.

[16]      Committee Hansard, 20 June 2008, p. 10.

[17]      Committee Hansard, 20 June 2008, p. 10.

[18]      Committee Hansard, 26 June 2008, p. 7.

[19]      Committee Hansard, 20 June 2008, p. 2.

[20]      Colonel G. Cameron, Registrar, AMC, to Standing Committee on Foreign Affairs, Defence and Trade, 16 July 2008.

[21]      Notes 1 and 2 to section 114, Defence Force Discipline Act 1982.

[22]      Procedural orders and resolutions of the Senate of continuing effect, Standing Orders and other orders of the Senate, September 2006, no. 44, p. 136.

[23]      Odgers' Australian Senate Practice, Harry Evans (ed), 11^th edition, 2004, chapter 17–Witnesses, https://www.aph.gov.au/Senate/pubs/odgers/chap17toc.htm.

[24]      The Australasian Institute of Judicial Administration Incorporated, Guide to Judicial Conduct, (2^nd ed), 2007, paragraph 2.2.1.

[25]      The Australasian Institute of Judicial Administration Incorporated, Guide to Judicial Conduct, (2^nd ed), 2007, paragraph 5.6.1.

[26]      The Australasian Institute of Judicial Administration Incorporated, Guide to Judicial Conduct, (2^nd ed), 2007, paragraph 5.6.1.

[27]      The Australasian Institute of Judicial Administration Incorporated, Guide to Judicial Conduct,  (2^nd ed), 2007, paragraph 5.6.1.

[28]      Committee Hansard, 20 June 2008, pp. 14–15.

[29]      Committee Hansard, 20 June 2008, p. 14.

[30]      Committee Hansard, 20 June 2008, pp. 14–15, 18.

[31]      Committee Hansard, 20 June 2008, p. 18.

[32]      Committee Hansard, 20 June 2008, p. 18.

[33]      Committee Hansard, 20 June 2008, p. 31.

[34]      Committee Hansard, 20 June 2008, p. 17.

[35]      Sections 110 E,F,G, Defence Act 1903

[36]      Committee Hansard, 20 June 2008, p. 21. Under section 110 of the Defence Act 1903, the IGADF is a mechanism for internal audit and review of the military justice system independent of the ordinary chain of command; and an avenue by which failures and flaws in the military justice system can be exposed and examined so that the cause of any injustice (whether systemic or otherwise) may be remedied.

[37]      Section 110C, Defence Act 1903.

[38]      Committee Hansard, 20 June 2008, p. 24.

[39]      Committee Hansard, 20 June 2008, p. 24.

[40]      Foreign Affairs, Defence and Trade Legislation Committee, Reforms to Australia's military justice system: First progress report, August 2006, paragraphs 4.77–4, 784.97–4.98.

[41]      Foreign Affairs, Defence and Trade Legislation Committee, Reforms to Australia's military justice system: First progress report, August 2006, paragraphs 4.77–4, 784.97–4.98.

[42]      Committee Hansard, 20 June 2008, pp. 26–27.

[43]      Committee Hansard, 20 June 2008, p. 24.

[44]      Section 110A, Defence Act 1903.

[45]      Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, p. 219.

[46]      Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraphs 11.10 and 11.11.

[47]      Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraphs 11.10 and 11.11. See also Foreign Affairs, Defence and Trade Legislation Committee, Reforms to Australia's military justice system, First progress report, August 2006, p. 36.

[48]      Joint Standing Committee on Foreign Affairs, Defence and Trade, Committee Hansard, I0 July 2008, p. 78.

[49]      Department of Defence, Report on the progress of reforms to the military justice system, 5 June 2008, p. 1 (see appendix 5).

[50]      Committee Hansard, 20 June 2008, p. 22.

[51]      For relevant changes see answer to question 6, taken on notice 19 June 2006. The paragraphs in the Administrative Inquiries Manual are 4.3–4.6 and 5.7 and 5.28–5.34.

[52]      Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraphs 6.31 and 8.89

[53]      Department of Defence, Annual Report 2006–07, p. 166.

[54]      Department of Defence, Annual Report 2006–07, p. 167.

[55]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, paragraph 4.8, p. 31.

[56]      See Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraph 13.13.

[57]      Report into Military Justice in the Australian Defence Force, conducted by Mr J.C.S.Burchett, QC, An Investigating Officer appointed by the Chief of the Defence Force, under the Defence (Inquiry) Regulations 1985, p. 32.

[58]      Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraph 13.17.

[59]      Answer to written question on notice W9 following public hearing 26 February 2007.

[60]      See also Standing Committee on Foreign Affairs, Defence and Trade, Reforms to Australia's military justice system, second progress report, March 2007, p. 34.

[61]      Judge Advocate General, Report for the period 1 January to 31 December 2007, paragraph 28.

[62]      Judge Advocate General, Report for the period 1 January to 31 December 2007, paragraph 30.

[63]      Standing Committee on Foreign Affairs, Defence and Trade Defence Legislation Amendment Bill 2006 [Provisions], October 2006, paragraph 1.29.

[64]      Standing Committee on Foreign Affairs, Defence and Trade Defence Legislation Amendment Bill 2007 [Provisions], September 2007, paragraph 3.36.

[65]      Director of Military Prosecutions, Report for the period 12 June 2006 to 31 December 2007, 2008, paragraph 86.

[66]      Committee Hansard, 26 June 2008, p. 12.

[67]      Committee Hansard, 20 June 2008, p. 44.

[68]      Committee Hansard, 20 June 2008, p. 41.

[69]      Committee Hansard, 20 June 2008, p. 31.

[70]      Committee Hansard, 20 June 2008, p. 31.

[71]      Committee Hansard, 20 June 2008, p. 39.

[72]      Senate Standing Committee on Foreign Affairs, Defence and Trade,  Defence Legislation Amendment Bill 2006 [Provisions], October 2006, paragraph 1.32 and Defence Legislation Amendment Bill 2007 [Provisions],  September 2007, paragraph 3.38.

 

Appendix 3 - The Committee's recommendations from its 2005 report and the Government's response

[1]        Standards Australia, Australian Standard AS 8004–2003, paras 2.4.3 and 2.4.4.