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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.
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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such as alcoholism, poor debt management and incompetence will not
be published.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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