Defence: HMAS Arunta

Mr Price asked the Minister Assisting the Minister for Defence, upon notice, on 14 May 2002:

1. Is she aware of the statement from the Chief of Navy on Thursday, 10 January 2002 about allegations concerning navy personnel from HMAS Arunta alleged to have occurred at the Golden Bosun Tavern and other places on Christmas Island, towards or at the end of HMAS Arunta's deployment to intercept illegal immigrants.
2. Was an independent inquiry conducted to review the allegations, as indicated by Vice Admiral Shackleton; if so, when and by whom.
3. Was there a report upon the completion of the inquiry; if so, when was the report competed and to whom was the report delivered.
4. Is she or her staff aware of the findings of the report arising from the inquiry; if so, when did she or her staff become aware of the findings; if not, why not.
5. Why has the report not been made public and when is it intended to do so.
6. What were the findings of the inquiry.
7. Have any navy personnel been charged; if so, when and what are the charges; if not, why not.

Mrs Vale - The answer to the honourable member's question is as follows:

1. I am aware of Vice Admiral Shackleton's media statement of 10 January 2002 following allegations made by the Sydney Daily Telegraph that there was a cover up by the Navy of unacceptable behaviour by members of the Arunta ship's company while the ship was at Christmas Island.
2. The allegations have been thoroughly investigated, independently of the Navy chain of command, by a senior Army officer and by Royal Australian Air Force (RAAF) Service Police. The senior Army officer commenced an administrative inquiry on 11 January 2002 to determine the facts and circumstances of the allegations. He submitted his report to the Chief of Navy on 5 February 2002. This report resulted in a disciplinary investigation of six alleged incidents by the RAAF Service Police. Lawyers in the Australian Defence Force (ADF) Prosecution Office then reviewed the RAAF Service Police report, dated 2 April 2002, and provided advice on the reports and the available evidence.
3. The reports of the administrative inquiry, RAAF Service Police investigation and ADF Prosecution Office legal advice were delivered to the Chief of Navy. Regular advice summarising the reports has been provided to the Minister for Defence and myself.
4. Yes. I was advised of the outcomes of the RAAF Service Police disciplinary investigation by the Chief of Navy on 22 April 2002. Further clarifying advice was provided on 28 May 2002.
5. The reports will not be made public due to privacy considerations and the need to ensure that any future disciplinary trials are not prejudiced. The Chief of Navy released a media statement on Tuesday 4 June 2002 announcing the outcomes of the investigations.
6. Six allegations were investigated by the RAAF Service Police. One of mishandling of evidence, one series of allegations involving three indecent assaults by a male sailor on a female sailor (with the possible involvement of a second male sailor during one of incidents), one of physical assault by a female sailor on a male sailor (the same male and female sailors involved in indecent assault allegations), one of obscene behaviour by sailors and one of nude swimming in the Island swimming pool.
   
   The most serious allegations relate to three separate incidents of a male sailor touching a female sailor, outside her clothing, at the Golden Bosun Tavern on Christmas Island. During one of those incidents, a second male sailor was initially thought to be involved, however further investigation made it clear that he was not responsible for any wrongdoing. At the request of the female sailor, the indecent assault allegations were handled under Defence Unacceptable Behaviour instructions, rather than laying charges under the Defence Force Discipline Act. The male sailor involved in the indecent assault allegations was counselled and formally cautioned. He was also required to apologise to the female sailor and to undertake additional behavioural training.
   
   Another serious allegation involves the mishandling by a senior Service Police sailor of potential videotape evidence relating to alleged incidents of sailors exposing their genitals in public at the Golden Bosun Tavern. The videotape did not contain evidence relating to the alleged indecent assaults. The RAAF Service Police investigation into this allegation was recently completed and the investigation report is currently being considered by the ADF Prosecutions Office.
7. Of the remaining allegations, consideration is being given to laying charges against two sailors in respect of allegations of obscene behaviour in a public place and being naked in the Island swimming pool. Subject to the findings of investigations that are still being reviewed, consideration may be given to laying additional charges.

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