Robust system of military justice
On March 1, 2004, in an address to the Senate References Committee, Chief of the Defence Force, General Peter Cosgrove, provided an overview of the effectiveness of the Military Justice System (MJS) , to complement the detailed Defence submission and subsequent evidence of other Defence witnesses.

CDF General Peter Cosgrove

 

 

We welcome the Senate Inquiry into the effectiveness of the MJS as part of our accountability to the Parliament and through it, to the Australian people, GEN Cosgrove said.

The MJS applies to all ADF members in times of peace and war, whether in Australia or overseas. It is essential for operational effectiveness and it has proven itself as a robust system through the success of our recent operations.

The MJS complies with Commonwealth laws and military members are subject to the same laws that apply to other Australians.

This inquiry gives the ADF a further opportunity to review, consider and correct any shortcomings, and will contribute to the continuous improvement that we have made to the system arising from the five inquiries into the MJS since 1998.

The results of the 2001 joint Standing Committee Rough Justice Inquiry into allegations of brutality did not identify a culture of brutality within the Army.

The same year, the Report of an Inquiry into Military Justice in the ADF by Mr James Burchett, QC, found there was no evidence to show the prevalence of assaults or unlawful behaviour amounted to a culture, or a general practice.

The misuse of drugs and alcohol, harassment and bullying have been found to occur in only small areas within Defence, and there is no evidence of this behaviour as a culture throughout the organisation.

These previous inquiries have found that the MJS is sound, while recommending a range of improvements, including the appointment of the Inspector General of the ADF, the Director Military Prosecutions and the Registrar of Military Justice.

We continue to work hard to realise those and further enhancements and we have made substantial progress in modernising the system.

Any justice system is not perfect. Occasionally people get things wrong and some individuals make mistakes. The MJS is no different. We must be careful to separate what may be systemic shortcomings from those that result from human failings within the system.

Where there are problems, we will address them and implement further reforms as required. In the ADF, we are all ordinary Australians doing a unique job.

We operate in a most unusual environment under most unusual pressures. We put a great deal of effort into supporting our members to manage a balance between dealing with the difficult military environment and community norms of behaviour.

We conform in all regards to the spirit and the letter of the laws that govern all Australians and we do within a system tailored to our environment.

Our success is also based on range of command and management systems of which the Military Justice System is a critical part. I accept that we need to better educate the Parliament and the Australian public with respect to the Military Justice System.

I also accept we need to continually improve our processes of communication with those members of the public, and those families who have been directly affected by serious incidents, especially where a member of the Service has died or been seriously injured.

We need to do all of this in a way that will enhance, rather than inhibit, our operational capability. I have every confidence that on the whole the Military Justice System is effective and serves the interests of the nation, the Defence Force and its people.

That confidence is born of my long experience in the Service and direct observation of the people who are responsible for, and subject to, the Military Justice System, during peace-time activities routine, training requirements and on operations, GEN Cosgrove said.

GEN Cosgrove’s full opening statement to the Senate Inquiry can be obtained from www.defence.gov.au/mjs.

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