Recommendation 1
The committee recommends that Defence prominently display,
and commemorate, the apology by the Minister of Defence and the Chief of the Defence
Force to victims of abuse in Defence.
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Government Response - Agree
The apologies delivered by the Chief of the Defence Force
and the then Minister are accessible to all Australians on the Defence Abuse Response
Taskforce website and on Defence's internal and external websites. Defence
referred to the apologies in its Annual Report.
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Recommendation 2
The committee recommends that Defence formally respond to
the systemic issues and findings of the DLA Piper Review in its public
reporting on the progress of the implementation of the Pathway to Change
Defence cultural reforms.
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Government Response – Agree
Noting that Pathway to Change is Defence's response to the
Reviews initiated in 2011, Defence will consider the systemic issues and
findings of the DLA Piper Review in this context.
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Recommendation 3
The committee recommends that Defence actively encourage
senior officers to participate in the Defence Abuse Response Taskforce's
restorative engagement program with victims of abuse.
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Government response – Agree
Defence has affirmed to the Chair of the Defence Abuse
Response Taskforce...its commitment to supporting and participating in the
Restorative Engagement Program.
The Defence Abuse Response Taskforce and Defence are
working collaboratively to establish arrangements for implementing the
program, including a framework underpinned by the best practice principles
and values of restorative practice and mediation.
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Recommendation 4
The committee recommends that Defence provide a waiver of
any confidentiality or non-disclosure agreement which could prevent a person
from engaging with the Defence Abuse Response Taskforce.
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Government response – Agree
Defence, in consultation with the Defence Abuse Response
Taskforce, has prepared a 'limited waiver of confidentiality and deed of
release and indemnity' so that persons who have previously settled a claim
against Defence involving allegations of sexual or other forms of abuse by
Defence personnel are not prevented from having their matter dealt with by
the Taskforce
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Recommendation 5
The committee recommends that, following the conclusion of
the Defence Abuse Response Taskforce's operation, the Minister for Defence
facilitate the productive use of the Taskforce's depersonalised statistical
database of information regarding reported incidents of abuse in Defence.
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Government response – Agree
Defence and the Defence Abuse Response Taskforce have
agreed the value of providing an appropriately depersonalised database. Work
is underway to achieve this outcome.
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Recommendation 6
The committee recommends that the Australian Government
commission an independent review to determine whether any of the functions of
the Defence Abuse Response Taskforce's should continue and how to ensure
these functions can continue to be performed effectively. This independent
review will report its findings and make recommendations to the Minister for
Defence, the Attorney-General and the Minister for Veterans Affairs.
The committee recommends that, at the conclusion of this
independent review, the Minister for Defence, the Attorney-General and the
Minister for Veterans' Affairs, should assess whether any of the functions of
the Defence Abuse Response Taskforce should continue in another form.
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Government response – agree in principle
The Australian Government notes that the Defence Abuse
Response Taskforce is independent of Defence and it has advised that it sees
value in some form of review taking place toward the end of its outcome
delivery phase. Such a review could then be assessed by the Minister for
Defence, the Attorney-General and the Minister for Veterans' Affairs, to
decide if any of the functions of the Taskforce should continue in another
form.
While the Australian Government is supportive of a review
taking place, it considers that it is too early, at this time, to form a
clear view on exactly what form the review should take. The Taskforce is
currently approved to operate to the end of November 2014 and the terms and
scope of any review should be reconsidered at a later stage
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Recommendation 7
The committee recommends that Defence implement
recommendation 19 of the Inspector-General of the Australian Defence Force's
review—that the appointment of case officers to support complainants and
respondents should be required in all cases.
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Government response – Agree
This recommendation was agreed as part of Pathway to
Change and is being implemented.
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Recommendation 8
The committee recommends that Defence assess whether additional
support services for victims of non-sexual forms of abuse should be included
within the Pathway to Change cultural reforms.
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Government response – Agree
The Australian Government notes action by Defence in
Pathway to Change that will, through sustained effort to implement practical
measures, corrective processes and structure and support, achieve Defence's
cultural intent.
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Recommendation 9
The committee recommends that Defence engage in dialogue
with associations which represent the interests of victims of abuse in
Defence.
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Government response – Agree
Defence will examine, in conjunction with the Department
of Veterans' Affairs, avenues for dialogue.
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Recommendation 10
The committee recommends that, at the completion of the
implementation of the Pathway to Change strategy, the Australian Government
conduct an independent review of its outcomes and an assessment of the need
for further reform in Defence.
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Government response – agree in principle
Noting existing mechanisms of reporting and oversight of
Pathway to Change by Government and the Parliament, the Australian Government
will consider the necessary activity for evaluating Defence's efforts to
achieve cultural change and measures of success.
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