Footnotes

Executive summary

[1]        Department of Defence, Report of an Audit of the Australian Defence Force investigative capability, July 2006 and Final Report of the Learning Culture Inquiry: Inquiry into the learning culture in ADF schools and training establishments, July 2006

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

[3]        Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, paragraphs 6 and 7.

[4]        Department of Defence, Report of the Board of Inquiry into the Death of 8229393 Private Jacob Kovco, paragraph 285.

[5]        Department of Defence, Report of the Board of Inquiry into the Death of 8229393 Private Jacob Kovco, paragraph 282(h).

[6]        Department of Defence, Report of the Board of Inquiry into the Death of 8229393 Private Jacob Kovco, paragraph 192.

[7]        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.

[8]        Inquest into the death of Angus Lawrence [2005] NTMC 069, paragraph 40.

[9]        Senate  Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system,  June 2005, paragraphs 8.55 and 8.75.

[10]      Senate  Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system,  June 2005, paragraphs 8.55 and 8.75.

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

[12]      Department of Defence, Final Report of the Learning Culture Inquiry: Inquiry into the learning culture in ADF schools and training establishments, July 2006, paragraph 106.

[13]      Department of Defence, Final Report of the Learning Culture Inquiry: Inquiry into the learning culture in ADF schools and training establishments, July 2006, paragraph 196.

[14]      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.

[15]      Committee Hansard, 26 February 2007, p. 12.

Chapter 1 - Review of the implementation of reforms to Australia's military justice system introduction

[1]        See Appendix 2.

[2]        For a full explanation of the committee's terms of reference see the Senate Foreign Affairs, Defence and Trade Legislation Committee, Reforms to Australia's military justice system: First progress report, p. 2.

Chapter 2 - Disciplinary system

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

[2]        Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraph 3.118, p. 54.

[3]        Recommendations 5 and 6.

[4]        Government response to recommendation 6.

[5]        Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, Annex A, p. 97.

[6]        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

[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 3.15. DFDA means Defence Force Discipline Act.

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

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

[11]      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'.

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

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

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

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

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

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

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

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

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

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

[22]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, recommendation 5.8, paragraph 2.1, p. 6.

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

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

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

[26]      Defence Response to the Recommendations of the Audit of ADF Investigative Capability, response to recommendation 5.1.

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

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

[29]      Paragraph 192, Report of the Board of Inquiry into the Death of 8229393 Private Jacob Kovoc.

[30]      Paragraph 287 (c), (e), (f) (g) and (h), Report of the Board of Inquiry into the Death of 8229393 Private Jacob Kovco

[31]      Implementation Plan for Board of Inquiry (BOI) Recommendations: Death of Pte Jacob Kovco, p. 1 and 2 of 11.

[32]      Committee Hansard, 26 February 2007, p. 16.

[33]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, paragraphs 6 and 7, p. vii.

[34]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, recommendation 5.19, paragraph 5.31, p. 50.

[35]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, recommendation 7.1, paragraph 7.80, p. 73.

[36]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, recommendation 7.5, paragraph 7.80, p. 74.

[37]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, paragraph 4.25.

[38]      Defence Response to the Recommendations of the Audit of ADF Investigative Capability, response to recommendation 2.2.

[39]      Defence Response to the Recommendations of the Audit of ADF Investigative Capability, response to recommendation 7.15.

[40]      Defence Response to the Recommendations of the Audit of ADF Investigative Capability, response to recommendation 7.16.

[41]      Defence Response to the Recommendations of the Audit of ADF Investigative Capability, response to recommendation 7.17.

[42]      Government Response to the Senate Foreign Affairs, Defence and Trade References Committee 'Report on the Effectiveness of Australia's military justice system', October 2005, summary contained in Australian Defence Force, Report to the Senate Foreign Affairs, Defence and Trade Legislation Committee on Progress of Enhancements to the Military Justice System, April 2006. This report is reproduced at appendix 4 in the committee's first progress report on reforms to Australia's military justice system.

[43]      Response to committee's recommendations, 1, 2, 3, 7. 8 and 9, ADF, Report to the Senate Standing Committee on Foreign Affairs, Defence and Trade on Progress of Enhancements to the Military Justice System, October 2006.

[44]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, paragraph 4.11. DIA means Defence Investigative Authority.

[45]      Defence's response to Recommendation 7.23, Defence Response to the Recommendations of the Audit of ADF Investigatory Capability.

[46]      Defence Response to the Recommendations of the Audit of ADF Investigative Capability, response to recommendation 5.9.

[47]      Defence Response to the Recommendations of the Audit of ADF Investigative Capability, response to recommendation 7.28.

[48]      Defence Response to the Recommendations of the Audit of ADF Investigative Capability, response to recommendation 7.34.

[49]      Defence Response to the Recommendations of the Audit of ADF Investigative Capability, response to recommendation 7.35.

[50]      Report of the Board of Inquiry into the Death of 8229393 Private Jacob Kovco, Paragraph 287 (aa) (i).

[51]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, paragraph 4.11.

[52]      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.

[53]      Department of Defence, Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, paragraphs 6 and 7.

Chapter 3 - Military tribunals

[1]        Australian Defence Force Report to the Senate Standing Committee on Foreign Affairs, Defence and Trade on Progress of Enhancements to the Military Justice System, October 2006, recommendations 12–16.

[2]        Committee Hansard, 26 February 2007, p. 22.

[3]        Judge Advocate General, Defence Force Discipline Act 1982, Report for the period 1 January to 31 December 2005, paragraph 69, pp. 16–17.

[4]        Submission 3, paragraph 24.

[5]        Standing Committee on Foreign Affairs, Defence and Trade, Defence Legislation Amendment Bill 2006 [Provisions], paragraph 1.26.

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

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

[8]        Explanatory Memorandum, paragraph 2.

[9]        Senate Standing Committee for the Scrutiny of Bills, Alert Digest, No. 11 of 2006, 11 October 2006, p. 20.

[10]      The Senate Standing Committee on Foreign Affairs, Defence and Trade, Defence Legislation Amendment Bill 2006 [Provisions], paragraph 1.22.

[11]      The Senate Standing Committee on Foreign Affairs, Defence and Trade, Defence Legislation Amendment Bill 2006 [Provisions], paragraph 1.24, pp. 5–6.

[12]      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.

[13]      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.

[14]      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.

[15]      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.

[16]      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.

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

[18]      Committee Hansard, 26 February 20007, p. 9.

Chapter 4 - Administrative system

[1]        Committee Hansard, 26 February 2007, p. 2.

[2]        Committee Hansard, 26 February 2007, p. 4.

Chapter 5 - Investigations into notifiable incidents

[1]        Government response to recommendation 34.

[2]        Committee Hansard, 26 February 2007, p. 10.

[3]        Senate Foreign Affairs, Defence and Trade References Committee, Effectiveness of Australia's military justice system, June 2005, p. 188–189; and Reforms to Australia's military justice system: First progress report, August 2006, paragraph 4.43.

[4]        Government response to recommendation 34.

[5]        Committee Hansard, 19 June 2006, pp. 26–27.

[6]        Committee Hansard, 19 June 2006, p. 27.

[7]        Committee Hansard, 26 February 2007, p. 10.

[8]        Senate Foreign Affairs, Defence and Trade References Committee, The Effectiveness of Australia's military justice system, paragraph 9.15.

[9]        Inquest into the death of Angus Lawrence [2005] NTMC 069, paragraph 16.

[10]      Inquest into the death of Angus Lawrence [2005] NTMC 069, paragraph 34.

[11]      Inquest into the death of Angus Lawrence [2005] NTMC 069, paragraph 35.

[12]      Inquest into the death of Angus Lawrence [2005] NTMC 069, paragraph 40.

[13]      Committee Hansard, 26 February 2007, p. 25.

[14]      Senate  Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system,  June 2005, paragraphs 8.55 and 8.75.

[15]      Senate  Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system,  June 2005, paragraphs 8.55 and 8.75.

Chapter 6 - The Defence Force disciplinary act

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

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

[3]        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.

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

[5]        Foreign Affairs Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraph 13.19, p. 273.

[6]        Department of Defence, Annual Report 2005–2006, p. 258.

Chapter 7 - ADF culture

[1]        Paragraph 7.69.

[2]        Paragraph 7.24

[3]        Paragraph 12.109

[4]        Committee Hansard, 21 June 2004, p. 4.

[5]        Inquest into the death of Angus Lawrence [2005] NTMC 069, page 6 of 29, http:www.nt.gov.au/justice/ntmc/documents/judgements/2005/ntmc069.html (accessed 8 January 2007).

[6]        Inquest into the death of Angus Lawrence [2005] NTMC 069, paragraph 36.

[7]        Government's response to committee's 2005 recommendations. See appendix 2 – government response to recommendation 35.

[8]        Australian Defence Force, Report to the Senate Foreign Affairs, Defence and Trade Legislation Committee on Progress of Enhancements to the Military Justice System, April 2006, entry under recommendation 35.  

[9]        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.

[10]      Department of Defence, Final Report of the Learning Culture Inquiry: Inquiry into the learning culture in ADF schools and training establishments, July 2006, paragraph 106.

[11]      Department of Defence, Final Report of the Learning Culture Inquiry: Inquiry into the learning culture in ADF schools and training establishments, July 2006, paragraph 61.

[12]      Department of Defence, Final Report of the Learning Culture Inquiry: Inquiry into the learning culture in ADF schools and training establishments, July 2006, paragraph 53

[13]      Department of Defence, Final Report of the Learning Culture Inquiry: Inquiry into the learning culture in ADF schools and training establishments, July 2006, paragraph 196.

[14]      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.

[15]      Department of Defence, Final Report of the Learning Culture Inquiry: Inquiry into the learning culture in ADF schools and training establishments, July 2006, paragraph 195.

[16]      Department of Defence, Final Report of the Learning Culture Inquiry: Inquiry into the learning culture in ADF schools and training establishments, July 2006, paragraph 138.

[17]      Department of Defence, Final Report of the Learning Culture Inquiry: Inquiry into the learning culture in ADF schools and training establishments, July 2006, paragraph 193.

[18]      Annex A, Appointing Officer's Decisions and Action Plan Investigation into the Death of 8299931 PTE J.P.Williams, February 2003, pp. 35–6. This document was provided to the committee and is classified as Staff-in-Confidence. The committee has taken great care to ensure that the privacy of any persons referred to in the report has been respected.

[19]      Annex A, Appointing Officer's Decisions and Action Plan Investigation into the Death of 8299931 PTE J.P.Williams, February 2003, p. 36.

[20]      Annex A, Appointing Officer's Decisions and Action Plan Investigation into the Death of 8299931 PTE J.P.Williams, February 2003, p. 53.

[21]      Annex A, Appointing Officer's Decisions and Action Plan Investigation into the Death of 8299931 PTE J.P.Williams, February 2003, p. 37.

[22]      Executive Summary, Investigating officer's Report into the Death of 8299931 PTE Jeremy Paul Williams formerly RAINF Initial Employment Trainee School of Infantry, Singleton, on 2 February 2003, p. 7.

[23]      Committee Hansard, 26 February 2007, p. 12.

[24]      Department of Defence, Final Report of the Learning Culture Inquiry, July 2006, paragraph 69.

[25]      Committee Hansard, 26 February 2007, pp. 15–17.

[26]      Committee Hansard, 26 February 2007, p. 14.

Appendix 2 - The Committee's 2005 recommendations and the Government response

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

Appendix 4 - Committee's written question to defence

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

[2]        Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, paragraph 4.11.

[3]        ADF response to recommendation 7.23.

[4]        Paragraph 287 (aa) (i), Report of the Board of Inquiry into the Death of 8229393 Private Jacob Kovoc.

[5]        This update remains unchanged from the advice given in the first progress report.

[6]        Report of an Audit of the Australian Defence Force Investigative Capability, July 2006, paragraph 4.8.

[7]        Response to recommendation 4.13.

[8]        Department of Defence, Annual Report 2005–2006,  p. 258.

[9]        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.