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| IGADF monitor of justice By LCDR Antony Underwood Edition 5009, 31 May, 2007 |
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The position was set up as a result of the Burchett Review, to constantly evaluate the administration of justice independently of the normal command chain and line management. The review, led by retired Federal Court judge Mr James Burchett, was established to inquire into allegations of rough justice in the ADF. Although Mr Burchett found there was no evidence of a widespread culture of rough justice or systemic avoidance of due process in the ADF, he made a number of recommendations to the Chief of the Defence Force. One was that the CDF establish the position of IGADF “to provide a means of review and audit of the military justice system independent of the ordinary chain of command and an avenue by which failures of military justice could be exposed and examined so the cause of any injustice could be remedied”. Then CDF GEN Peter Cosgrove appointed Burchett Review team member Mr Geoff Earley, a former Naval legal officer and Commander in WA – who retired from the RAN in the rank of commodore – as the inaugural IGADF. “Creation of the position of IGADF was one of the principal recommendations by Mr Burchett,” Mr Earley said, “and we have come a long way in the last few years towards providing the sort of oversight of the military justice system envisaged when the concept was mooted. “The circumstances or situation in which my office might become involved are often cases in which people believe they haven’t had a fair go or for some reason feel they can’t use normal channels – for instance, the chain of command – to have their concerns dealt with. “It might be that the problem is the chain of command. “In these sorts of cases, my office may be able to assist but we would always encourage a complainant to try the normal channels first.” Mr Earley now heads up a permanent staff of 25 service people and civilians in business premises on Northbourne Avenue, Canberra, well clear of the Defence office complexes in the national capital. “They are mostly all quite senior and have quite considerable service experience,” he said, “so they have a very good understanding of the military justice system and can appreciate the concerns of service people they’re dealing with. They bring a great deal of personal experience to the job.” The impartial and independent approach which is a cornerstone of the IGADF’s military justice oversight role was further emphasised by the conversion of his office to a statutory basis in 2005. Since beginning operations in 2003, the office of the IGADF has so far investigated some 280 submissions by members or former members of the ADF, conducted more than 90 unit military justice audits across the ADF, and spoken in person with more than 3500 members of the services. “We collect a lot of non-attributable information through the conduct of focus groups,” Mr Earley said. “The main aim of these is to find out what ADF members really think of the systems currently in place, and whether they believe those systems are working effectively for them.” “This is important, I think, because media coverage of military justice issues tends to focus mainly on the experiences of those who have a complaint about the system. “While this is understandable, it can result in a skewed impression of military justice on the part of the general public and even ADF members themselves. “Through the use of these focus groups, the views of those currently serving, and who do not necessarily have a grievance with the system, can help to bring a better balance to the picture” Mr Earley said the role of IGADF was in some respects similar to that of an ombudsman. “We have regular, cordial contact with the Defence Force Ombudsman through the Commonwealth Ombudsman’s office,” he said. “As IGADF, I have no executive authority to change decisions – but can make recommendations and, if I conclude that a recommendation that I’ve made has been unreasonably ignored, then I can report that to the CDF directly so he can decide the matter. “We provide an alternative for people who believe they have no where else to go.” More information on the Inspector-General ADF and full contact details are at http://defweb.cbr.defence.gov.au/igadf. | |||||
| ADF insurance improved The Services Security Plan (SSP) has been reviewed and improved by AIG insurance in response to feedback from ADF members. Speaking at the launch of the new plan, the Chief of Army, LTGEN Peter Leahy, spoke about the importance of products such as the SSP that had been tailored to meet the unique requirements of the ADF, their families and other members of the Defence community. He said this type of product was not available as an off-the-shelf product from any other insurance provider in Australia. It provided greater coverage for its client base, including an optional accidental death benefit. To contact AIG, personnel overseas should call (03)95224598 and quote “AIG SSP” to facilitate a reverse-charge call. Personnel within Australia can telephone 1800 650 224. The information is also available on the intranet at: http://intranet.defence.gov.au/armyweb/sites/quickguide/comweb.asp?page=95268&Title=Deployment%20Information AIG has begun distributing SSP product packages to units. Members should approach base/unit administration staff for the product package. |
