Army - The Soldiers' Newspaper

Order: The implementation team helps create a better justice system.

CLEARING the backlog of Redress of Grievance (RoG) cases is one of the more significant enhancements to the military justice system that have been completed, according to the Head of the Military Justice Implementation Team, RAdm Mark Bonser.

CDF ACM Angus Houston told recent Senate Legislation Committee hearings in Canberra that in the first six months of the two-year implementation period significant achievements had been made in reforming the military justice system to deliver impartial, rigorous and fair outcomes through enhanced oversight, greater transparency and improved timeliness.

RAdm Bonser is responsible for implementing the reforms required by the Government response to last year’s Senate Inquiry report and also for implementing ongoing enhancements from a number of previous reviews of the military justice system.

In providing an update on progress and what the reforms mean for members of the ADF, RAdm Bonser said that the previous backlog of RoG cases had caused undue pressure on the complaints resolution system, leading to delays in finalising cases.

“Our intention is now to ensure that the processes we put in place deliver fair and timely outcomes,” RAdm Bonser said.

“A first step has been taken with the standing up of the Defence Fairness and Resolution Branch as the central management body, outside of normal line-management, for managing all complaints and grievances. The branch will advise commanders in the appointment of inquiry officers and the handling of complaints.

“To improve the availability of Defence counsel services to ADF personnel, a new position of Director of Defence Counsel Services has been established to coordinate, and manage access to, defence counsel services. This will broaden and improve the availability of defence counsel for ADF members.

“The establishment of the existing Chief Judge Advocate, Registrar of Military Justice and Director of Military Prosecutions as statutory positions will also further enhance the impartiality of the Service Tribunal system. Courts martial and trials by Defence Force Magistrate will no longer be convened and appointed from within the chain of command.

“Amendments to the Defence (Inquiry) Regulations will improve the fairness of all future administrative inquiries. The regulations have been amended to ensure that all affected persons are entitled to appear and be represented at administrative inquiries. This extends to the representatives of the deceased and will ensure that all persons who appear before an inquiry are treated fairly.”
Measures were also being implemented to enhance the administration of the ADF cadets, RAdm Bonser said.

“Recently an expert was engaged to examine whether the human rights of children were being respected,” he said.

RAdm Bonser also reported that a number of other significant enhancements were well advanced.

“The inquiry into the learning culture in ADF schools and training establishments is about to be completed with a final report due to the CDF July 7.

“The other audit that we are sponsoring – the tri-service audit of ADF Service Police investigative capability is also nearing completion. This audit will establish the best means for developing the ADF’s investigative capability.

“A first step in establishing that capability was taken with the recent appointment of Col Tim Grutzner as the initial Provost Marshal-ADF. He will head the new tri-service investigation unit that will be formed following the audit.”

He said a further step has been the deployment of lead-in Service police investigator capabilities to Iraq, Afghanistan, Solomon Islands and East Timor.

“Interim arrangements are now in place which allow a Board of Inquiry to be presided over by a civilian – previously the president has been a senior ADF officer. When changes to the Defence Act are passed, towards the end of this year, the permanent CDF Commission of Inquiry (COI) framework will be in place.

“A CDF COI will be mandatory for all suicides and deaths in service. These new arrangements will contribute to enhancing the impartiality and transparency of inquiries into deaths in service and serious incidents.

“We are working to have the legislation enabling the establishment of the new Australian Military Court passed by the end of this year. The new court will replace the current courts martial and Defence Force Magistrate trials and have attributes that further satisfy the principles of impartiality and judicial independence.”