CDF Commissions of Inquiry: (COI)
Commissions of Inquiry:
- inquire into the facts and circumstances surrounding the death of an ADF member in Service, or deaths with a service link or connection, or other matters as determined by the CDF;
- inform CDF decisions about actions that might be taken in response to a death or other incidents, including action aimed at avoiding a recurrence;
- apply the requirements of procedural fairness;
- are internal ADF inquiries;
- are presided over by a civilian with judicial experience;
- are conducted separately from the normal Chain of Command; and
- do not replace, and are separate from police investigations into service or civilian offences, State or Territory coronial inquiries, Comcare and Defence Force Ombudsman inquiries.
New Regulations for the appointment and conduct of CDF Commissions of Inquiry
The Government Response to Recommendation 34 ofthe Senate Foreign Affairs, Defence and Trade References Committee, in its report on ‘The Effectiveness of Australia's Military Justice System’, delivered on 16 June 2005 advised it would create a CDF Commission of Inquiry into suicides by ADF members and deaths in service. Such an inquiry may consist of one or more persons, with the President being a civilian with judicial experience. ADF members are not appointed as President, but can be a member of a CDF Commission of Inquiry.
Since June 2007, amendments to the Defence (Inquiry) Regulations 1985 have provided for the appointment and conduct of CDF Commissions of Inquiry.
Since August 2006, and prior to the new regulations for the appointment of Commission of Inquiries, civilians with judicial experience have presided over Boards of Inquiry appointed to inquire into incidents resulting in the death of ADF members, such as the Black Hawk 221 Board of Inquiry.
CDF Commissions of Inquiry and Coronial Inquests
CDF Commissions of Inquiry are separate from, and do not replace, administrative inquiries or police investigations that may occur in respect of the death of an ADF member. Those inquiries or investigations have a different purpose and procedure and may be conducted by State or Territory Coroners, Comcare, or military or civilian police.
A CDF Commission of Inquiry is conducted separately from and independently of any State or Territory Coronial inquiry. Naturally, Defence cooperates with such external agencies with respect to their inquiries.