Section 1
Inspector General ADF

1.3 Military justice performance review

The Directorate of Military Justice Performance Review is responsible for monitoring, evaluating and reporting on military justice indicators across the ADF. This is achieved mainly through:

Since first conducted in financial year 2003-2004, considerable progress has been made in developing audit methodologies and benchmarking best practice in unit level disciplinary and administrative activity. Through the post-audit reporting process, confirmation of good practice and identification of opportunities for improvement are advised to Service Headquarters and audited units.

As foreshadowed in last year’s report, IGADF has introduced a military justice performance measurement system during the reporting period. The ADF military justice system encompasses a wide range of disciplinary and administrative actions that together form a complex matrix with many interactive components. The identification and measurement of those components that are useful in assisting meaningful assessments about the health and effectiveness of the system as a whole is not a simple task. Moreover, it is not a task for which there is much in the way of precedent. Simply measuring what can be measured or what is easily measurable can provide misleading outcomes and/or be misrepresentative in such a complex system.

The performance measurement system that has been developed to pilot stage, known as the Justice and Discipline Health and Effectiveness (JADHE) system, is designed to measure what should be measured in a consistent, auditable and reliable fashion so that the data collected can be used to assess whether the intent of the military justice system is being achieved.

Information technology based, the JADHE system has the ability to assess ADF performance across four Key Reporting Areas (KRA) that correspond to the four elements of military justice namely discipline, adverse administrative action, the conduct of administrative inquiries and the right to complain. The system will report against Key Performance Indicators (KPI) patterned after the Commonwealth Ombudsman’s A Good Practice Guide for Effective Complaint Handling: access, timeliness, fairness, accountability, resources and training, and system improvement are the selected KPIs. The system was launched on 26 June 2008 and will be trialled and further developed in 2008-09.

Military Justice Audit Program

Military justice audits were conducted in 63 ADF units over the reporting period. This is the maximum number of unit audits that can reasonably be conducted given available resources. Audited units represented in excess of 27 per cent of ADF full time members.

Since unit audits were first introduced on a trial basis in 2003–04, a total of 167 audits have been conducted representing 78 per cent of ADF full time members. 7738 ADF personnel have participated in the process, representing 19 per cent of unit strength and 15 per cent of ADF full time members.

Charts 3, 4 and 5 are representative of audit performance to date.

Chart 3: Audit trends Bar chart. FY03/04 5; FY04/05 14; FY05/06 38; FY06/07 47; FY07/08 63
Chart 3 – Audit trends

Chart 4: 2003-04 to 2007-08 audits by Service Pie Chart. Navy 39 Army 75 Air Force 46 Joint 7
Chart 4 – 2003-04 to 2007-08 audits by Service

Chart 5: Pie Chart 2007-08 audits by Service. Navy 21 Army 25 Air Force 15 Joint 2
Chart 5 – 2007-08 audits by Service

Unit military justice audits are conducted in three phases:

Focus group discussions and analysis of survey responses are key indicators of general perceptions of the effectiveness of the ADF’s military justice system. Given that most participants in this process are not complainants, their perceptions provide a valid alternate view to that of persons whose adverse experiences with the military justice system are sometimes extrapolated to portray a generalised picture of the system that is not necessarily accurate.

Charts 6, 7 and 8 are representative of focus group participation.

Chart 6 2003-04 to 2007-08 Focus Group participation bar chart: FY03/04 167; FY04/05 725; FY05/06 1626; FY06/07 2370; FY07/08 2850
Chart 6 – 2003-04 to 2007-08 Focus Group participation

Chart 7 2003-04 to 2007-08 Focus Group participation by Service pie chart: Navy 1482 Army 4124 Air Force 1641 Joint 491
Chart 7 – 2003-04 to 2007-08 Focus Group participation by Service

Chart 8 2007-08 Focus Group participation by Service pie chart: Navy 735 Army 1539 Air Force 529 Joint 47
Chart 8 – 2007-08 Focus Group participation by Service

Of the 63 units audited during the reporting period one was assessed ‘unsatisfactory’ and six were assessed ‘satisfactory with significant shortcomings’. These units will be subjected to a partial re-audit within 12 months to verify that identified shortcomings have been rectified.

The IGADF audit program also aims to assist units in improving their overall stewardship of military justice matters. While no fundamental breaches of disciplinary or administrative procedure were identified, a number of recurring problems were noted and highlighted in the respective audit reports. These included poor record keeping, lack of appropriate disciplinary appointments and inadequate knowledge of procedure.

During the reporting period, IGADF staff conducted an IGADF ‘own motion’ inquiry into Prohibited Substance Testing (PST) testing program. Terms of reference for the inquiry included:

As the inquiry was recently completed and the report has yet to be considered further comment on the outcome would be premature at this stage.

Other areas regularly identified for continued attention include: