Organisations within the military justice system that can provide assistance to ADF members:
- Inspector General of the Australian Defence Force;
- Defence Whistleblower Scheme Hotline;
- Office of the Director of Military Prosecutions;
- Provost Marshal ADF/ADFIS;
- Directorate of Defence Counsel Services;
- Defence Legal; and
- Army Fair Go Hotline.
External Organisations that can provide assistance to ADF members with matters regarding the military justice system:
- Defence Force Ombudsman;
- Human Rights & Equal Opportunity Commission;
- Office of the Federal Privacy Commissioner; and
- The Defence Force Discipline Appeal Tribunal.
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: email@example.com.
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; or
- 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
- visiting http://www.defence.gov.au/ig/gir.htm for more information.
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: firstname.lastname@example.org
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.
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 Courts Martial and Defence Force Magistrate proceedings. 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 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).
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.
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
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 1300 369 711.
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.
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.