Annual Report 2004-05

Effectiveness of Investigations and Complaints Handling

Overview

On 16 June 2005, the Senate Foreign Affairs, Defence and Trade References Committee tabled its report on its inquiry into the effectiveness of Australia's military justice system. The Government tabled its response to the report on 5 October 2005.

The Government has agreed to significant changes to strengthen the existing military justice system. In all, 30 of the Senate Committee's 40 recommendations were accepted in whole, in part or in principle. In addition, the Government announced alternative solutions to achieve the intent of the Report's recommendations that were not agreed.

The new system is designed to deliver impartial, rigorous and fair outcomes through enhanced external oversight, greater transparency and improved timeliness while, at the same time, ensuring that the ADF can maintain effective discipline and, through that, the operational effectiveness that has been and continues to be its hallmark. Importantly, the essential elements of the military justice system will be independent of the ADF chains of command. The first stage of legislative changes to give effect to the Government's recent reforms has been introduced into Parliament. These relate to, inter alia, the statutory appointments of the Inspector-General of the ADF, the Director of Military Prosecutions and the Registrar if Military Justice.

The key measures agreed by Government include:

• establishing a permanent Australian Military Court that is independent of the chain of command, to replace the current system of individually convened trials by Courts Martial and Defence Force Magistrates;
• appointing an independent civilian president to head mandatory Commissions of Inquiry for suicides by ADF members and deaths in service;
• establishing a tri-Service ADF Investigation Unit that is independent of the Service chains of command, noting that more serious criminal offences will continue to be referred to appropriate civilian authorities for investigation and prosecution; and
• implementing a streamlined ADF complaints and redress of grievances system in accordance with the 2004 joint Defence Force Ombudsman/Chief of the Defence Force Redress of Grievance System Review.

As part of the reform program, $3.5m per annum initially will be allocated to adequately resource these initiatives and 35 new positions will be created - including the appointment of two new permanent military judge advocates.

The Government has asked Defence to implement these recommendations and enhancements within two years, and to report to the Senate Committee twice a year throughout the implementation period.

Two of the recommendations related to annual reporting on the implementation and effectiveness of reforms to the military justice system and the workload and effectiveness of various bodies within the system. The information provided in relation to the effectiveness of investigations and complaints handling represents Defence's initial commitment to reporting on the state of health of the military justice system and on complaints processes relating to civilian employees of Defence.