DPR 126/97 Tuesday, 23 September, 1997
DEFENCE CHIEF ANNOUNCES BLACK HAWK CHANGE
The Chief of the Defence Force, General John Baker, today announced that he was replacing Rear Admiral Alwynne Rowlands who was looking at evidence presented to the Black Hawk Board of Inquiry.
"The Minister has advised me that he has received independent advice from the Chief General Counsel, Mr Henry Bermester, to the effect that the task I had given Rear Admiral Rowlands, who is an active Judge of the Family Court, may be incompatible with the performance of judicial functions. Separate advice has been furnished by Mr Rolf Driver, the Acting Deputy Government Solicitor, that the task allocated to Admiral Rowlands should be conducted by someone who is not a serving Federal Judge.
"While Mr Driver has advised that the task itself was a reasonable and proper activity for me to put in train and that there was no in principle legal objection to the task, reservations about the appropriateness of appointing a serving Federal Judge have led me to the conclusion that I should seek another qualified and eligible person to complete the task.
"This view was based on a recent decision of the High Court relating to use of federal court judges by the executive.
"Admiral Rowlands was tasked by me with considering the Board of Inquiry Report and the evidentiary material available to the Board.
"He was to advise me if further action appeared to be necessary concerning matters of Army Aviation safety, particularly in relation to higher level direction and policy decisions, which were relevant to the accident."
General Baker said that the task of looking at the evidence would continue with the appointment of another senior officer to carry on the work. "I will announce the name of the replacement shortly.
"This consideration is not part of the current disciplinary matters underway, but relates to taking all practicable actions to reduce the chance of further accidents," he said.
Admiral Rowlands understands and agrees this position.
Further information:
Colonel Andrew Reynolds (02) 6265 2929 / 0419 292 455