ADF promises justice for all
By CPL Cameron Jamieson

REFORMS: RADM Marcus Bonser will versee the implementation of new reforms.

The ADF’s military justice system will be reformed following the release of the Government’s response to the Senate Committee’s report into the ADF’s military justice system.

High on the list of the reforms is the establishment of an independent and permanent Australian military court, which will replace the current system where serious matters are dealt with by individually convened trials by Defence Magistrates and Courts Martial.

CDF Air Chief Marshall Angus Houston has welcomed the changes and said that the new permanent military court would bring a new level of judicial impartiality to the ADF.

“What we will have is a military court that is outside the command system,” ACM Houston said.

“This means that if somebody elects for a trial with the permanent military court they will be treated by a system that is independent of the chain of command.

“I think that will ensure impartially and that people will get a fair go within that system, free of influence by anybody in the command chain.”

The Australian Military Court will consist of a chief judge advocate and two permanent judge advocates.

A part-time Reserve panel will supplement the court, and a military jury can be appointed in more serious cases.

Other major changes include the establishment of a tri-service ADF investigation unit, and a mandatory commission of inquiry will be established for all ADF incidents that result in the death of a service member, including cadets.

Another change is the streamlining of the ADF complaints and redress of grievance system, in accordance with the 2004 Joint ADF Ombudsman – CDF Redress of Grievance Review.

“This is already under way as a consequence of work that was done for GEN Cosgrove,” the CDF said.

“We’re now in the process of implementing all of those recommendations that will streamline the complaints system and provide for the faster handling of complaints.”

The majority of the reforms to the military justice system will require amendments to the existing legislation, and so will be progressively rolled out over the next two years.

RADM Marcus Bonser has been appointed to head the team that will oversee the implementation of the reforms. He will be required to report to the CDF on a monthly basis, while the ADF will in turn report to the Senate Committee on Foreign Affairs, Trade and Defence every six months over the next two years.

$3.5 million a year has been allocated to resource the reforms and 35 new positions will be created, including the permanent judge advocates.

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