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Issue #1094 - 8 April 2004

News

The sound of justice: major charges under the Defence Force Discipline Act will now be made public as directed by CA Lt-Gen Peter Leahy.
Photo by Pte John Wellfare, Army newspaper.

Justice seen, justice done
DFDA findings to be public


 

By Pte John Wellfare
RESULTS of adverse administrative action and disciplinary charges for serious offences will be regularly published under a new directive aimed at making the processes of military justice more transparent.

CA Lt-Gen Peter Leahy has directed that certain details of those outcomes be made available to members through their formations and units and also twice yearly in Army newpaper.

The directive specifies that no information that could lead to the identification of individuals be made public as part of the process, with the person's name, unit and subunit all to be excluded. There is also a strong emphasis on the types of offences to be published under the new directive.

"The types of adverse administrative action that should be published are those that result in any formal warnings, censures, cautions for unacceptable behaviour and discharge following the issue of a Termination notice," the directive states.

The focus of the initiative is unacceptable behaviour and adverse administrative action that results from issues other than inappropriate behaviour, such as alcoholism, poor debt management and incompetence will not be published.

In line with the CA's intent, commanders are responsible for deciding which cases are to be published, and in doing so they will consider the extent to which the behaviour concerned is counter to Army's ethos, values and rules for a fair go.

"Of particular interest will be behaviour such as harassment and bullying, that has a direct negative effect on the well-being of other members. Cases where members are found to have engaged in such behaviour are to be published."

The Directive instructs that the information be published in Formation Routine Orders (ROs) at quarterly intervals in March, June, September and December each year.

"Members of units and sub-units are to have access to the information in the Formation ROs whether by republication in unit and sub-unit ROs or other means such as posting on unit and sub-unit bulletin boards.

"Only those matters for which all post trial and other review processes have been completed are to be published."

The information to be published under the directive is outlined as:

  • Charge/action.
  • Brief circumstances of the offence.
  • Rank of the person concerned. .
  • Plea(for disciplinary offences).
  • Final outcome.

The information will also be published twice-yearly in Army, in an effort to allow all members access.

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