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| Members of the Committee |
(PDF 90KB) |
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| Terms of Reference |
(PDF 130KB) |
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| Acronyms and abbreviations |
(PDF 90KB) |
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| Preface |
(PDF 124KB) |
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| Executive Summary and recommendations |
(PDF 251KB) |
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| Chapter 1 - Introduction and conduct of the inquiry |
(PDF 177KB) |
Referral of the inquiry
Terms of reference
Conduct of the inquiry
Advertisement
Submissions
Public hearings
Confidential material
Briefings
Provision of expert legal assistance
Scope of the inquiry
Structure of the report
Part 1—Introduction
Part 2—The disciplinary system
Part 3—The administrative system
Part 4—Other important matters that relate to Australia's military justice system
Acknowledgments |
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| Chapter 2 - Australia's military justice system: an overview |
(PDF 215KB) |
The Structure of the Australian Defence Force
The discipline system
Offences under the Defence Force Discipline Act
Service tribunals
Courts Martial
Defence Force Magistrates
Summary Authorities
Reviews and appeals
Provision of legal assistance
Key military justice appointments and agencies
The Office of the Inspector-General of the ADF
The Defence Legal Service
The Director of Military Prosecutions
The Registrar of Military Justice
The Judge Advocate General
Chief Judge Advocate
Judge Advocates
Service Police
Administrative system
Administrative inquiries
The Routine Inquiry
Investigating Officer
Boards of Inquiry
Combined Boards of Inquiry
General Courts of Inquiry
Safeguards and rights
The role of civilian authorities
Adverse administrative action
Internal review mechanisms
Redress of Grievance
Inspector General ADF
External review mechanisms
Defence Force Ombudsman
Other processes of review
Relevant Organisations
The Defence Community Organisation
Complaints Resolution Agency
Policy Documents
Defence Force Discipline Act
Defence Regulations
Administrative Inquiries Manual (ADF Publication 06.1.4)
Defence Instructions |
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| Chapter 3 - Disciplinary investigations |
(PDF 275KB) |
Reporting and investigation of alleged offences
Shortcomings in the investigation of service offences
Previous inquiries
The 1998 Commonwealth Ombudsman's 'Own Motion
Investigation into How the ADF Responds to Allegations
of Serious Incidents and Offences'
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
Difficulties highlighted in this inquiry
Anecdotal evidence
The East Timor SAS Investigation
Other anecdotal evidence
Systemic evidence
Individual submissions
The Ernst & Young 'Review of Military Police Battalion
Investigation Capability'
The Director of Military Prosecutions
The policy/procedural framework—manuals and procedures
Solutions offered in evidence
Suggestions from submissions to this inquiry
Recommendations from the IGADF-Commissioned report into the SAS Soldier's matter
Suggestions from Mr Michael Griffin's Issues Paper
Suggestions from the Ernst & Young Report
The Canadian Military Police Complaints Commission
ADF initiated change
Secret Investigations
Improving the Serious Crime Investigation capability
Response to the Ernst & Young Report
Findings and recommendations |
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| Chapter 4 - Decisions to initiate prosecutions and the provision of legal services |
(PDF 229KB) |
Decisions to prosecute
Flawed decisions to prosecute
Findings of previous inquiries
An independent Australian Director of Military Prosecutions?
The framework
Assessment of current operation per TOR (3)
Case management and workload
Personnel—permanent legal and administrative staff
Personnel— the Director of Military Prosecutions
Findings and Recommendations
Defence Counsel Services
The Canadian Director of Defence Counsel Services |
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| Chapter 5 - Disciplinary tribunals |
(PDF 371KB) |
Courts Martial and Defence Force Magistrate Trials
Submissions
The High Court's decision in "Re Colonel Aird; Ex parte Alpert"
Overseas developments
Canada
United Kingdom
United States of America
Committee view
Tribunals and Appeals – Summary Authorities
Findings and recommendations |
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| Chapter 6 - The administrative system—an overview |
(PDF 215KB) |
Avenues for complaint
Self initiated resolution or alternative dispute resolution
Making a formal complaint
The importance of reporting wrongdoing
The effectiveness of the current reporting system
3RAR—reporting of wrongdoing
School of Infantry, Singleton—reporting of wrongdoing
Conclusion |
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| Chapter 7 - The reporting of wrongdoing in the ADF |
(PDF 261KB) |
Reasons for failing to report wrongdoing or failing to make a complaint
Conflicts of interest in using chain of command
Culture of silence
Downplaying or dismissing complaint
Threats of reprisals or fear of 'getting into trouble'
Lack of awareness of alternative reporting avenues
Frustration with administrative complaint handling processes
Seeking a transfer or discharge as an alternative to reporting wrongdoing
Committee view
Whistleblowing scheme
Protection from reprisal
Confidentiality
Committee view
Improvements to the ADF's reporting system
Conclusion
Using complaints as signposts to broader problems |
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| Chapter 8 - The administrative system—investigations |
(PDF 380KB) |
The inquiry process
Quick assessment
Types of administrative inquiries
Routine Inquiry
Officer Investigation
The importance of a well-conducted investigation
The effectiveness and fairness of administrative inquiries
Procedural fairness—right to know allegations or adverse comment
Communication and provision of information—complainants
Confidentiality
Conflicts of interest and the independence of the inquiry
Competence of the investigating officer
Assistance to investigating officers
Delays
Reprisals for providing evidence
Conclusion |
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| Chapter 9 - Administrative inquiries into sudden death |
(PDF 203KB) |
Communication and provision of information—next of kin
Conflict of interest—the individual and the institution
Competence of inquiries into sudden or accidental deaths and the
need for experts
The role of the coroner
Committee view
Procedures following investigation
Committee view
Inquiries as early detection mechanisms
Conclusion |
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| Chapter 10 - Adverse action, appeal processes and external review of administrative procedures |
(PDF 220KB) |
Appeal and review processes
Notice to show cause
Redress of Grievance (ROG)
The effectiveness and fairness of the notice to show cause and
the ROG processes
Procedural fairness—access to all relevant material and the
consideration of all the evidence
Conflicts of interest and the independence of the investigators
and decision-makers
Assistance when preparing a complaint
Competence of investigators
Delays
Recent initiatives and the role of the Complaints Resolution
Agency (CRA) |
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| Chapter 11 - The IGADF and the Defence Force Ombudsman |
(PDF 351KB) |
Inspector-General of the Australian Defence Force (IGADF)
The independence of the IGADF
The accessibility of the IGADF
Protection of those making submissions to the IGADF
Delays in processing a grievance
Early days for the IGADF
Reporting obligations
Measures taken to improve the competence of investigating officers
Other external review mechanisms
Defence Force Ombudsman (DFO)
Independence of the DFO
Constraints on the DFO
Courts and Commissions
Summary
Looking forward
Proposed new Australian Defence Force Administrative
Review Board (ADFARB) |
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| Chapter 12 - Boards of inquiry |
(PDF 286KB) |
Recent management audit of BOIs
Decision to conduct a BOI
Committee view
The effectiveness and fairness of BOIs
Procedural fairness
Right to legal representation
Preconceived notions about a BOI
Communication and the provision of information
Conflicts of interest and the independence of the inquiry
The competence and conduct of BOIs
Access to expert advice
Delays
Reprisals or interference with witnesses
Conclusion
Committee view |
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| Chapter 13 - Disciplinary and adverse administrative action |
(PDF 194KB) |
The disciplinary and administrative components of the military
justice system
Deciding on disciplinary or administrative action
Views on the current relationship between the disciplinary and
administrative components of the military justice system
Committee view
Double jeopardy
Committee view |
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| Chapter 14 - Australian Defence Force Cadets (ADFC) |
(PDF 215KB) |
The Australian Defence Force Cadets—structure and organisation
Cadet Sergeant Eleanore Tibble—a case study
Investigation and handling of initial allegation of fraternisation
Investigation following the death of CSGT Tibble
Procedures for dealing with a minor
Acknowledgement of shortcomings and remedies
Monitoring of implementation—preventing a recurrence
Resources available to the ADFC
Future status and administrative arrangements for the ADFC |
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| Chapter 15 - Occupational health, safety and support services |
(PDF 162KB) |
Features of military service that impact adversely upon mental health
The reluctance to report health risks or concerns
Failure to treat complaints seriously
Investigation processes as a complicating factor in mental health
Protracted military justice procedures
Duty of care
Physical safety
Mental health
Managing mental health reporting and service provision
Reporting mental ill-health
Providing mental health services
Services to families and support to next of kin
Conclusion |
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| Appendix 1 - Public submissions |
(PDF 115KB) |
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| Appendix 2 - Additional information, tabled documents, and answers to questions on notice |
(PDF 151KB) |
| Issues paper by Michael Griffin,
commissioned by the Senate Foreign Affairs, Defence and Trade
References Committee (PDF 9396KB) |
| Appendix 3 - Public hearings and witnesses |
(PDF 117KB) |