Military Justice
Organisations within the military justice system that can provide assistance to ADF members
The Inspector General of the ADF
Defence Whistleblower Scheme Hotline
Fairness and Resolution Branch
Complaint Resolution Directorate
Rights and Responsibilities Directorate
Alternative Resolutions and Equity Directorate
Office of the Director of Military Prosecutions
Provost Marshal ADF/ADFIS
Directorate of Defence Counsel Services
Defence Legal
Army Fair Go Hotline
External Organisations that can provide assistance to ADF members with matters regarding the military justice system:
Human Rights & Equal Opportunity Commission
Office of the Federal Privacy Commissioner
The Defence Force Discipline Appeal Tribunal
The Inspector General of the ADF
The Inspector General of the Australian Defence Force (IGADF) was established by the CDF to provide a means for review and audit of the military justice system independent of the ordinary chain of command. It is also an avenue by which failures of military justice may be exposed and examined so that the cause of any injustice may be remedied.
In relation to the military justice system, the IGADF:
- receives submissions and investigates complaints;
- conducts performance reviews;
- provides advice; and
- contributes to awareness and improvement.
Submissions may be received by any person on any matter concerning military justice, for example:
- abuse of authority/process;
- denial of procedural fairness;
- avoidance of due process;
- cover up and failure to act;
- unlawful punishments;
- victimisation, harassment, threats, intimidation, bullying and bastardisation; and
- suggested improvements to Military Justice.
Further information on IGADF is available by phone: 1800 688 042 or email: ig.adf@defence.gov.au.
Defence Whistleblower Scheme
The Defence Whistleblower Scheme is an alternative and independent way for any person to report alleged misconduct or unethical behaviour involving:
- a member of the ADF
- a public servant employed by Defence
- a supplier of goods or services to Defence
There are several ways to lodge a report:
- by phoning a confidential 24 hour hotline: 1800 673 502;
- or visit http://www.defence.gov.au/ig/gir.htm for more information
Fairness and Resolution Branch
The Fairness and Resolution Branch (FRB) was formed in January 2006 to streamline the complaint and redress of grievance procedures and to consolidate Defence complaint handling mechanisms.
It remains Defence policy that complaints are dealt with at the lowest possible level through normal command or management channels and administrative arrangements. FRB will provide advice and support to managers and complainants to achieve this policy objective. It will also manage the formal complaints system that is accessed when informal or administrative processes fail.
FRB brings together the previous Complaint Resolution Agency, the Defence Equity Organisation and the Directorate of Alternative Dispute Resolution and Conflict Management. FRB now comprises the directorates of:
FRB has policy responsibilities for equity, diversity, privacy, and the integrated complaint handling system; it is also responsible for managing and providing advice on a broad range of complaint types (unacceptable behaviour, redress of grievance, review of actions, privacy breaches, HREOC and the Commonwealth/Defence Force Ombudsman).
The Director General Fairness and resolution operates independently of the chain of command and line management, and is directly responsible to the Chief of the Defence Force and the Secretary.
Complaint Resolution Directorate
The Complaint Resolution Directorate (CR) is the Australian Defence Organisation's independent agency for the investigation, review and handling of formal complaints. To carry out these tasks the Director of CR is authorised by the Joint Directive to liaise directly with commands, formations and units to obtain information necessary for the investigation and/or resolution of a complaint; and have unrestricted access to necessary personnel and documents. Phone: (02) 6266 8254/55/58/59/60, or E-mail: complaint.resolution@defence.gov.au
Rights and Responsibilities Directorate
Directorate of Rights and Responsibilities (RR) develops policy on equity, diversity, privacy, complaints and unacceptable behaviour. Reports on unacceptable behaviour across Defence, and monitors and reports on FR branch performance.
The Defence Equity Advice Lines are free call numbers available seven days a week between 0830-2100 hours EST. The advice lines provide a confidential and anonymous service to all Defence staff: military, APS and contractors, and family members of Defence staff. The advice lines provide a way for callers to talk about their concerns and discuss options for action if they feel they are being subjected to, accused of, or witness to a complaint of unacceptable behaviour or unfair work practices. The lines are also available for commanders, managers, supervisors and equity advisers who may wish to discuss the management of issues.
Contact numbers are:
Army 1800 803 831
Navy 1800 644 247
Air Force 1800 626 254
Alternative Resolutions and Equity Directorate
Directorate of Alternative Resolutions and Equity (ARE) promotes equity within Defence including the management of the Equity Adviser Network, and provides Alternative Conflict Resolution services (mediation, conflict coaching and workplace conferencing) for both ADF members and APS employees within Defence. All resolution interventions are coordinated centrally through this directorate. Further information can obtained by contacting the Directorate on (02) 6265 1524, or emailing ADR@defence.gov.au.
Defence has a network of some 3,500 equity advisers. They provide support, information, advice and resolution options to Service and civilian complainants (including contractors), respondents to complaints, commanders and managers on matters relating to all forms of discrimination and harassment.
Equity advisers can be identified through the Defence Service Centre: 1800 000 677.
Director of Military Prosecution
The Directorate of Military Prosecution (DMP) is designed to enhance the independence and impartiality of the military prosecution process under the Defence Force Discipline Act 1982 (DFDA). The role of the DMP is to provide to the Australian Defence Force (ADF) an independent, impartial, professional, efficient, fair and just prosecution service.
The DMP will provide advice on matters of a legal nature that are serious allegations under the DFDA. These matters relate to offences that are unable to be tried at the commanding officer level and includes those offences which carry a potential maximum punishment of more than two years imprisonment. These matters are referred to the DMP by commanders within the various commands and units of the ADF requesting advice on a matter. The DMP also provides advice to commanders on the evidence disclosed in investigations and makes recommendations on the evidence disclosed and possible courses of action commanders may utilise.
For further information please phone: (02) 6266 0482 email address: defence.dmp@defence.gov.au
The new position of PM ADF was established in May 2006 as part of the enhancements to the ADF's military justice system.
The PM ADF is responsible to CDF for:
- command and control of specified Service police investigations and for the provision advice on investigative priorities and assignment of investigative resources; and
- the implementation of relevant aspects of the Government response to the recent Senate report and relevant aspects of the Government or ADF responses to nine other inquiries or reviews relating to the military justice system between 1997 and 2005.
The future role of the PM ADF is informed by the agreed outcomes of the audit of the ADF's investigative capability. The audit was completed in July 2006 and released in December 2006, along with the Defence response to the Recommendations of the Audit.
Report: Report into ADF Investigative Capability [PDF, 0.98MB]
Response: Defence Response to the Recommendations of the Audit of ADF Investigative Capability [PDF, 146KB]
Directorate of Defence Counsel Services
The Directorate of Defence Counsel Services (DDCS) coordinates and manages the provision of legal representation for people facing trial under the Defence Force Discipline Act 1982 (DFDA) by the Australian Military Court. DDCS takes steps to secure witnesses on behalf of the accused and maintains a list of legal officers who are willing to assist Australian Defence Force personnel who are in custody in respect of a service offence in accordance with s.101F of the DFDA.
Under the Defence (Inquiry) Regulations, DDCS co-ordinates and manages the provision of legal representation for entitled personnel appearing before Boards of Inquiry and Chief of the Defence Force Commissions of Inquiry. The Directorate also coordinates and manages the Defence Counsel Services Panel which is a pool of more than 150 lawyers from Army, Navy and Air Force who provide legal representation. These lawyers are admitted to practise in a State or Territory of Australia and come from various branches of the legal profession.
For more information or to contact Defence Counsel Services, visit http://www.defence.gov.au/legal/dir_ddcs.html
Defence Legal (including Defence Counsel Service)
Defence Legal division is responsible for the provision of legal advice and other legal services to the ADF, the Department of Defence and the Minister. They provide legal advice to members of the ADF and legal advice, services and support to the command and management of Defence, on all aspects of law and the management of legal affairs (apart from matters for which the Judge Advocate General is responsible or are referred to the Defence Legal Panel).
For further information on Defence Legal phone: 02 6266 3093.
The Army Fair Go Hotline has been set up to allow you to raise previously unreported incidents of unacceptable behaviour, including bullying, harassment, victimisation, verbal abuse or assault. It is preferable you raise your issue through your chain of command however, the hotline is available to you regardless of rank, if you feel that it is a better avenue. You are not required to tell anyone you are using the hotline and you may remain anonymous if you wish. Issues reported will be investigated, appropriately addressed and necessary action taken.
For further information phone 1800 100 064, 9am-9pm Monday to Friday.
External Organisations that can provide assistance to ADF members with matters regarding the military justice system
The Defence Force Ombudsman is established under the Ombudsman Act 1976 to investigate complaints relating to the service of members and former members of the Australian Defence Force (ADF), including complaints about compensation and veterans' entitlements administered by the Department of Veterans' Affairs (DVA). The Act provides that the person appointed Commonwealth Ombudsman is also appointed Defence Force Ombudsman.
The legislative provisions relating to the Defence Force Ombudsman role require that, generally, an investigation of a complaint by a serving member of the ADF is not commenced unless and until the person has first sought redress through the ADF grievance system. Ombudsman investigations are distinctly separate and independent from action taken by ADF to redress grievances.
To contact the Defence Force Ombudsman, phone 1300 362 072 or visit: www.ombudsman.gov.au
Human Rights & Equal Opportunity Commission
The Human Rights and Equal Opportunity Commission 's goal is to foster greater understanding and protection of human rights in Australia and to address the human rights concerns of a broad range of individuals and groups. We have a particular focus on race, sex and disability discrimination, as well as the rights of Indigenous Australians.
They are an independent statutory organisation and report to the federal Parliament through the Attorney-General.
The Commission's responsibilities include:
- education and public awareness;
- discrimination and human rights complaints;
- human rights compliance; and
- policy and legislative development.
The Commission does this through:
- resolving complaints of discrimination or breaches of human rights under federal laws;
- holding public inquiries into issues of national importance, such as the forcible removal of Indigenous children from their families, paid maternity leave and the rights of children in immigration detention centres;
- providing independent advice to assist courts in cases that involve human rights principles;
- providing advice and assistance to parliaments and governments to develop laws, programs and policies;
- undertaking and coordinating research into human rights and discrimination issues, and
- developing human rights education programs and resources for schools, workplaces and the community.
For further information phone 1800 620 241 or (02) 9284 9600.
Office of the Federal Privacy Commissioner
Commonwealth and ACT government agencies must comply with 11 Information Privacy Principles (IPPs) which are set out at section 14 of the Privacy Act 1988 (Cth)(Privacy Act). The IPPs set standards for how government agencies collect, use, disclose, give access to and keep secure, people's personal information.
The Office of the Federal Privacy Commissioner investigates breaches of the Privacy Act and promotes an awareness of privacy issues. Information about the IPPs and the Privacy Act can be found on the Office's website.
The Office also has a hotline, phone 1300 363 992, which can provide information, and answer questions people might have, about privacy issues that arise with government agencies. This includes giving information about how to lodge a complaint with the Office.
The Defence Force Discipline Appeal Tribunal
Defence Force Discipline Appeal Tribunal was established under the Defence Force Discipline Appeals Act 1955 and hears and decides appeals from courts martial and Defence Force magistrates in respect of service offences by Australian Defence Force personnel. The Tribunal consists of a President, a Deputy President and such other persons as are appointed to be members, all of whom are judges of the Federal Court of Australia or Supreme Courts of a State or Territory. There is a Registrar and such deputies of the Registrar as are required. The Registrar has custody of the records of the Tribunal and of documents lodged with him or her or a Deputy Registrar. The principal office (registry) of the Tribunal is located in Canberra. It also has offices in each of the other capital cities.
Further details on the Defence Force Discipline Appeal Tribunal can be found at http://www.defenceappeals.gov.au.