Contents

Why does the Australian Defence Force hold inquiries?

What is a CDF Commission of Inquiry and a Board of Inquiry? How are they appointed?

How are these Inquiries different from investigations by courts of law, the Coroner, Comcare or the civilian Police?

Guiding Principles and Characteristics

Public and Private Commissions of Inquiry

Selection of Inquiry Members

Role of Counsel Assisting

Role of Counsel Representing

Witnesses

Protected identities and information

Commission of Inquiry Reports

More Information

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Guiding Principles and Characteristics

CDF Commissions of Inquiry and Boards of Inquiry are:

• internal ADF Inquiries, which aim to provide senior commanders with accurate and reliable information to assist them in making decisions in the proper discharge of their military duties;

• established to inquire into the facts and circumstances surrounding an incident or occurrence to inform command decisions about actions that may need to be taken to avoid a recurrence;

• required to apply the requirements of procedural fairness;

• conducted separately from the normal chain of command;

• conducted according to the Terms of Reference, which are determined by the Appointing Authority, such as Chief of Defence Force, a Service Chief or other senior commander;

• not courts of law or judicial tribunals, and do not focus on the attribution of blame.

• not conducting a criminal or disciplinary investigation or concluding that service or civilian offences have been committed but may however make comments or findings that are critical of the conduct of individuals; and

• appointed and conducted in accordance with the Defence (Inquiry) Regulations 1985.