Review of justice report

By PTE John Wellfare

COMMANDER Australian Defence College Rear Admiral Mark Bonser has been appointed to lead a team that will draft Defence’s proposed response to the Senate Foreign Affairs, Defence and Trade References Committee report into the military justice system.

The report, released on June 16 after the committee reviewed submissions from a number of stakeholders and affected people, made 40 recommendations for changes to the current system, including the establishment of a permanent military court to try DFDA offences currently tried at the court martial or Defence Force Magistrate level and that all suspected criminal offences be forwarded to the civilian police.

The Senate report expresses concern with a number of processes under the current system and says, “the committee considers that major change is required to ensure independence and impartiality in the military justice system and believes it is time to consider another approach to military justice”.

RADM Bonser said it would be important for Defence to carefully and thoroughly consider the Senate report’s recommendations in producing a proposed response

“Subject to what may be agreed by the Government, the recommendations are far-reaching and could affect everyone in the ADF,” he said.

“The report contains some criticism of the implementation of previous reviews and needs to be analysed rigorously to ensure proposed changes will achieve the necessary balance between individual rights and the need for the military to effectively enforce discipline.

“I hope that all ADF members will show an interest in the report and provide any views they may have to the drafting team to help develop the proposed response.

RADM Bonser said the team would appreciate input from officers, noncommissioned officers and other ranks because they could all be potentially affected by the recommendations.”

A separate message and Defgram will be issued advising members how to provide feedback on the report to the team.

CDF General Peter Cosgrove said he welcomed the tabling of the Senate report and that Defence would continue to implement ongoing reform measures while the report was being considered.

“The Service Chiefs and I are committed to a fair and equitable workplace that includes a transparent and cohesive military justice system,” Gen Cosgrove said.

“[We] remain open to suggestions on how to improve our administrative and disciplinary practices.”

The full report is available at www.aph.gov.au/Senate/committee/fadt_ctte/miljustice/ index.htm

REPORT RECOMMENDATIONS

Some of the recommendations made by the Senate Foreign Affairs, Defence and Trade References Committee report into the military justice system include:

Major recommendations

• The committee recommends that all suspected criminal activity in Australia be referred to the appropriate State/Territory civilian police for investigation and prosecution before the civilian courts.
• The committee recommends that the investigation of all suspected criminal activity committed outside Australia be conducted by the Australian Federal Police.
• That the ADF increase the capacity of the Service police to perform their investigative function.
• Regular reviews of the ADF’s program to protect from reprisals members who report wrongdoing.
• The language in the Administrative Inquiries Manual be amended so that it is more direct and clear in its advice on the selection of an investigating officer.
• The ADF take steps immediately to draft and make regulations dealing with the Australian Defence Force Cadets to ensure that the rights and responsibilities of Defence and cadet staff are clearly defined.

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