Appendices > Inspector-General of the Australian Defence Force

Overview of the Inspector-General of the Australian Defence Force

The office of the Inspector-General of the ADF was established following a recommendation from the Report of an Inquiry into Military Justice in the Australian Defence Force conducted by Mr James Burchett QC in 2001.

Mr Geoff Earley was appointed as the inaugural Inspector-General of the ADF with effect from 13 January 2003, by the Chief of the Defence Force. The Inspector-General of the ADF does not hold military rank although, for administrative purposes, the position is established at a Senior Executive Service Band Two-equivalent level. The Inspector-General of the ADF reports directly to the Chief of the Defence Force and is independent of the normal ADF and Public Service chain of command and line management.

The role of the Inspector-General of the ADF (set out in detail in Defence Instruction General (Admin) 61-1) is essentially twofold: to provide the Chief of the Defence Force with internal audit and review of the military justice system independent of the ordinary chain of command; to provide an avenue by which failures of the system, systemic or otherwise, may be examined and remedied as necessary.

The Inspector-General of the ADF is supported by nine full-time staff, supplemented by part-time Reserve officers as appropriate.

Following the appointment of the Inspector-General, the infrastructure necessary to support the effective operation of the role was established, including the development of amendments to the Defence (Inquiry) Regulations, 1985. The office of the Inspector-General of the ADF was formally opened by the Chief of the Defence Force on 24 September 2003.

The functions and contact details (including a toll-free 1800 number) of the Inspector-General of the ADF have been published in a variety of media targeting ADF members to improve awareness of the function. Awareness of the office was raised by the publication of articles in each of the three Service newspapers, a Defence intranet site, brochures and promotional material and presentations to stakeholder groups.

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Activities

The functions of the office of the Inspector-General of the ADF fall broadly into four main groupings: investigation, performance review or audit, advice and development:

  • Investigative functions include the investigation of matters referred by the Chief of the Defence Force, Service Chiefs or other agencies, or matters that have been received directly from individuals for whom the normal command chain processes have failed or are otherwise inappropriate. Matters may also be investigated by the Inspector-General on his own motion.
  • Performance review or audit functions include two aspects - the analysis of military justice source data (such as statistical records of disciplinary action, grievances, administrative inquiries) to identify trends or deficiencies at a macro-level and on-site checks of military justice arrangements at ADF units.
  • Advisory functions include the provision of advice on dealing with military justice issues and the maintenance of a register of persons suitable to conduct administrative inquiries.
  • Development functions include the promotion of military justice values, identification of potential improvements to the system or policy, including by monitoring best practice in comparable forces, and seeking feedback data on military justice issues from users and members.

From the commencement of operation in January 2003 to 30 June 2004, 101 references were received by Inspector-General of the ADF. As at 30 June 2004, 66 of these references had either been dealt with to closure by the office or referred, following assessment, to other agencies for resolution. References were received by a range of methods as shown in the following table.

Table 7.4 References to the Inspector-General ADF by Method Received
Method received Number of cases Percentage
Email 17 16.8
Facsimile 4 4.0
In person 6 5.9
Letter 19 18.8
Phone call 31 30.7
Referral 24 23.8
Total 101 100

The outcomes of references dealt with by the Inspector-General of the ADF are described in terms of whether or not the matter disclosed a failure of military justice and, if so, whether the failure was of an individual or systemic nature. This approach was adopted as being consistent with the stated role of the position and to allow for the fact that not all references are submitted in the form of complaints capable of being 'upheld', or 'not upheld' as such. The following tables provide an analysis of references as indicated.

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Table 7.5 References to the Inspector-General ADF by Outcome
Outcome Number of references Percentage
Systemic failure of the military justice system 9 8.9
Individual failure of the military justice system 19 18.8
No failure of the military justice system 39 38.6
References not yet determined 34 33.7
Total 101 100

Table 7.6 References to the Inspector-General ADF by Subject Matter(1) (3)
Subject matter Number of occurrences Percentage
Abuse of authority 27 11.5
Abuse of process 13 5.5
Avoidance of due process 17 7.2
Bastardisation 6 2.6
Comment on military justice system 4 1.7
Conflict of interest 1 0.4
Cover up, failure to act 25 10.6
Denial of legal rights 8 3.4
Denial of natural justice 25 10.6
Error in disciplinary 21 8.9
Error of law 11 4.7
Harassment 31 13.2
Unlawful, extra-judicial punishment 1 0.4
Victimisation, threats, intimidations 26 11.1
Other 19 8.1
Total 235(2) 100(2)

Notes

  1. References may include allegations with more than one subject.
  2. Figures may not add up due to rounding.
  3. References may include more than one originator.

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Table 7.7 References to the Inspector-General ADF by Service(1) (3) (4)
Service Number of references Percentage
Navy 15 14.9
Navy Reserves 1 1.0
Army 54 53.5
Army Reserves 3 3.0
Air Force 26 25.7
Tri-Service 2 2.0
Total 101(2) 100(2)

Notes

  1. References may include allegations with more than one subject.
  2. Figures may not add up due to rounding.
  3. References may include more than one originator.
  4. 'References by Service' relates to the Service to which the actual complaint refers to, not the Service of the complainant.
Table 7.8 References to the Inspector-General ADF by Gender of Originator(1)(3)
Gender Number of references Percentage
Not stated 2 1.8
Female 30 27.0
Male 79 71.2
Total 111(2) 100(2)

Notes

  1. References may include allegations with more than one subject.
  2. Figures may not add up due to rounding.
  3. References may include more than one originator.

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Table 7.9 Closed or Referred References Made to the Inspector-General ADF by Length of Time Before Being Closed or Referred
Length Number of references Percentage
<1 month 19 28.9
1-6 months 31 47.0
6-12 months 15 22.7
>1 year 1 1.5
Total 66 100

Aside from the investigative function, other activities during the year have included:

  • the completion of a pilot program of performance checks of military justice arrangements at the unit-level;
  • the development of a prototype model to assist in the assessment of military justice effectiveness at a macro-level;
  • the identification of a range of policy issues to improve the military justice system;
  • the development of a training course for officers conducting administrative inquiries;
  • sponsorship of a seminar to provide line managers with skills to deal more effectively with chronic complainants; and
  • sponsorship of a supplement to the annual ADF Attitude Survey to seek perceptions of ADF members on various military justice issues. Such perceptions, while not necessarily reflecting the reality of a situation, assist in identifying systemic issues and areas for reform.

The establishment of the office of the Inspector-General of the ADF is an important initiative in improving the effectiveness of the ADF military justice system. While the office is as yet relatively new and will require more time to achieve its full potential, initial indications have been very positive and its impact on the military justice system is becoming increasingly evident as awareness of its function grows.

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