Footnotes

Review of the implementation of reforms to Australia's miltary justice system

[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.

[3]        Defence answer to question W2.

[4]        Defence answer to questionW9

[5]        Defence answer to question W9.

[6]        Australian Defence Force, status on recommendation 35, Report to the Senate Standing Committee on Foreign Affairs, Defence and Trade on Progress to the Military Justice System,  April 2007.,

[7]        Defence answer to question W10. Also refer to the committee's report on the Defence Legislation Amendment Bill 2007, tabled 10 September 2007.

[8]        Defence answer to question W10.

[9]        Defence answer to questionW13.

[10]      Defence answer to questionW14.

[11]      Defence's response to W14. See appendix 3.

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

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

[14]      Federal Court of Australia, Comcare v Commonwealth of Australia [2007] FCA 662, Madgwick J, 4 May 2007, Sydney (Heard at Canberra), paragraph 134.

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

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

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

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

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

Additional comments by Labor members of the Committee

[1]        Australian Government, Department of Defence, Defence Media Release, CPA 209/05, 'Payment of Compensation Claim to AVM Peter Criss', 22 August 2005.

[2]        Australian Government, Department of Defence, Defence Media Release, CPA 177/06 'Mediation Resolution with Lieutenant Commander Robyn Fahy Friday, 28 July 2006.

[3]        Australian Government, Department of Defence, Defence Media Release, CPA 177/06 'Mediation Resolution with Lieutenant Commander Robyn Fahy, 28 July 2006.

[4]        Albany Port, Media Release, 22 June 2007.

[5]        Reports in the Australian, 25 June 2007, p. 7; Sunday Times, 24 June 2007, p. 29.

[6]        Albany Port Authority v Commonwealth of Australia [2006] WASC 101 (1 June 2006) paragraph 46.

[7]        Albany Port Authority v Commonwealth of Australia [2006] WASC 101 (1 June 2006) paragraph 47.

[8]        Commonwealth of Australia v Wood [2006] FCA 60 (9 February 2006), paragraph 16

[9]        Answer to question No. 3960, House of Representatives Hansard, 6 February 2007, p. 87.

[10]      Answer to question No. 3960, House of Representatives Hansard, 6 February 2007, p. 87.

[11]      Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system,  June 2005, paragraphs 7.69 and 7.91

[12]      Senate Foreign Affairs, Defence and Trade References Committee, The effectiveness of Australia's military justice system, June 2005, paragraph 7.93.

[13]      Lee v Smith &Ors [2007] FMCA 59 (23 March 2007), paragraphs 199 and 209.

[14]      Lee v Smith &Ors [2007] FMCA 59 (23 March 2007), paragraph 158.

[15]      Lee v Smith &Ors [2007] FMCA 59 (23 March 2007), paragraphs 210 and 211.