Commissions of Inquiries (COIs) have a very specific purpose. They are appointed primarily to inform internal Defence decision-making by thoroughly and impartially examining deaths and other serious incidents— principally with a view to preventing similar incidents from occurring in the future.

The outcomes of these inquiries, in turn, assists in obtaining timely information on incidents that affect Defence personnel, training and policy which is vital for the maintenance of Defence’s capability – including operational capability.

Defence appreciates the importance of conducting such inquiries in a way that promotes public confidence in the integrity of COI processes. It is now CDF’s general practice to appoint COIs as public inquiries, subject to considerations of security and the exercise of legal discretions by COI Presidents

An open inquiry does not necessarily mean that all aspects of the hearings will be held in public. This is because COI Presidents are authorised under the Defence (Inquiry) Regulations 1985 to close COI hearings, or to prohibit publication of COI evidence, in particular circumstances. This discretion properly permits COI Presidents (who are civilians with judicial experience) to determine on a case-by-case basis whether particular aspects of a COI should be held in public or in private. This discretion also applies to the degree of access afforded to representatives of the media.

Families of deceased members and others who might seek to have particular aspects of a COI to be held in private may make application to the relevant COI President requesting that parts of an inquiry be held in private. Those who hold differing views on such matters may apply to make submissions to the COI President.

Where COI hearings are conducted in public, members of the public, including media representatives, are permitted to observe the proceedings.


National Security and Classified Information

For Defence, the success of our operations along with the safety of our people is paramount. Defence appreciates that there is legitimate public interest in ADF activities. We therefore balance national security needs against the objective of being open about what we do.

CDF is ultimately responsible for protecting classified ADF information in order to safeguard Australia's national security and Defence personnel. He will not allow classified information about ADF tactics, techniques and procedures to fall into the hands of our adversaries.

CDF will therefore not appoint public COIs where an undue risk of sensitive classified information being publicly disclosed during the course of an inquiry exists. This is particularly so where classified information cannot be readily disentangled from unclassified material. To do otherwise would place the lives of ADF personnel and the success of ADF missions at serious and unacceptable risk.

RELATED LINKS
Boards of Inquiry

Black Hawk 221 Board of Inquiry
CAPT Paul Lawton Board of Inquiry
PTE Ashley Baker Commission of Inquiry

CDF Commissions of Inquiry