Black Hawk 221 Board of Inquiry
FREQUENTLY ASKED QUESTIONS (FAQs)
- What is a Board of Inquiry?
The purpose of a Board of Inquiry (BOI) is to determine the facts and circumstances surrounding an incident or situation. Inquiries are undertaken so that an informed decision may be taken by the Appointing Authority about the action required including, where appropriate, action to avoid a recurrence.
A BOI is guided by its Terms of Reference and the Instrument of Appointment issued by the Appointing Authority. For the Black Hawk 221 BOI, the Chief of the Defence Force (CDF) is the Appointing Authority. While the purpose of a BOI is to inform the Appointing Authority of an incident or issue, the Inquiry process is impartial and separate from the normal ADF Chain of Command.
Material that is relevant to the Terms of Reference and which can practicably be obtained will be considered by the Inquiry.
Importantly, a BOI does not focus on the attribution of blame, nor does it conduct a criminal or disciplinary investigation or conclude that offences have been committed.
ADF BOI processes are reliable, thorough, fair, and impartial. A BOI is empowered to make recommendations arising from its findings.
The Black Hawk 221 BOI will submit its Report to the CDF for him to review and consider the Board’s findings and recommendations. The CDF will then make decisions as to how the Report will be used by the ADF.
The appointment and conduct of a Board of Inquiry is in accordance with the Defence (Inquiry) Regulations 1985.
- What is the difference between a Board of Inquiry and a Coronial Inquest or Disciplinary investigation?
The purpose of an Australian Defence Force (ADF) Board of Inquiry (BOI) is quite different from other types of inquiries or investigations, notwithstanding some similarities in terms of inquiry process.
ADF BOIs are separate from, and do not replace, other investigations that may take place in respect of the death of an ADF member. Those investigations have a different purpose and procedure and may be conducted by State or Territory Coroners, Comcare or military or civilian police.
Naturally, Defence cooperates with external agencies with respect to those investigations.
- Who are the members of the Black Hawk 221 Board of Inquiry?
The Chief of the Defence Force, Air Chief Marshal Angus Houston AO AFC, has appointed retired NSW Supreme Court Justice, The Hon David Levine RFD QC to preside over the BOI. Mr Levine has extensive judicial experience which will help to ensure that the inquiry is thorough and impartial.
The BOI also comprises two Australian Defence Force members:
- Group Captain Stephen Fielder AM; and
- Commander Andrew Rourke RAN.
- Who are Counsel Assisting and what is their role?
Counsel Assisting are ADF legal officers selected to assist the Board. The Senior Counsel is Commander Jack Rush, RFD QC RANR. Junior Counsel are Colonel Gary Hevey RFD and Lieutenant Patience Neal RAN.
The Counsel Assisting team interviews and prepares statements on behalf of witnesses. During the hearing, Counsel Assisting will make an opening submission, call witnesses, tender documents and make closing submissions.
- When will the BOI hearing commence?
The hearings will commence on Monday 18 June 2007 .
- Where will the BOI hearing be held?
The venue of the Board of Inquiry is Randwick Barracks, Avoca Street, Randwick, NSW. This is a Defence Base so members of the public and media representatives will require photographic identification, such as a valid driver’s licence or passport in order to gain access.
- Is the Board of Inquiry open to the public?
This will be a public inquiry, and media representatives will be able to observe the BOI hearing.
- Will any parts of the Hearing be closed?
This is a public inquiry. It will be conducted in an open and thorough manner. However, some aspects of the hearing may be restricted for operational reasons and the interests of those affected by the inquiry.
- What information and evidence will be considered by the BOI?
Material that is relevant to the Terms of Reference and which can practicably be obtained will be considered by the BOI.
- How is information collected? Are there witnesses, and are they sworn when giving evidence?
The Counsel Assisting team collects information before the commencement of the hearing. This information is then formally entered into evidence during Board hearings, where it is examined and tested.
The appointing authority has directed that witnesses will give evidence on oath or affirmation.
Prior to giving evidence, all witnesses are provided with guidance as to their rights and responsibilities.
- What will be the media arrangements?
Arrangements to enable the media to cover the proceedings of the BOI hearing are currently being prepared. Specific media arrangements and a Media Guide will be communicated before the commencement of the BOI hearings.
- What is the outcome of a Board of Inquiry?
After the public hearing, the Board of Inquiry will provide a report setting out its findings and recommendations, and provide it to the Appointing Authority. Importantly, a BOI does not focus on the attribution of blame, nor does it conduct a criminal or disciplinary investigation or conclude that offences have been committed.
- Once recommendations are made by the Board of Inquiry, does the Defence Force have to adopt the recommendations?
Once the Board of Inquiry finalises its report, it will be presented to the Chief of the Defence Force. He will then make decisions on the findings and recommendations contained in the Report.
- Will the Board of Inquiry Report be made public?
The Minister for Defence may authorise release of all or part of a BOI Report.
- What support is being provided to CAPT Bingley’s and TPR Porter’s next-of-kin affected by this incident?
Support is available to assist the bereaved families, survivors and their families and Defence witnesses who participate in the Black Hawk 221 Board of Inquiry.
The Defence Community Organisation has provided, and continues to provide, Family Support Services to CAPT Bingley’s and TPR Porter’s next-of-kin.
Defence staff who are available to provide support include Defence social workers, military support officers, Defence psychologists, a public affairs adviser and ADF chaplains.
CAPT Bingley’s and TPR Porter’s next-of-kin will be provided with travel and accommodation to attend the Board hearings and will be offered a comprehensive program of practical, emotional and specialist advice throughout the proceedings.
Assistance is sponsored by the Chief of Army, through the Defence Community Organisation.