Volume
49, No. 13, July 27, 2006
By
Barry Rollings
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 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.
He 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.
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.”
