 |
|
Ready and able: The ADF military justice system applies to all ranks, provides a legal and policy framework for use in Australia and overseas and maintains discipline that is essential for operational success.
Photo: POPH Damian Pawlenko |
|
Fairness and Resolution
THERE is no longer a backlog of complaints and redresses of grievance thanks to enhancements to the military justice system. In addition, the process for investigating complaints continues to be streamlined.
Director General Fairness and Resolution Branch Di Harris said the branch had made a number of changes to the way it handles complaints.
“A single branch, Fairness and Resolution, offers a range of services such as advice, conflict coaching, mediation and independent complaint investigation,” she said.
Defence deals with complaints, wherever possible, at the lowest appropriate level through normal command or management channels and administrative arrangements.
While resolving redresses of grievance remains a responsibility of command, they are now registered with Fairness and Resolution within five days of initiation.
“The branch provides advice to commanders on the appropriate investigation and management of the grievance,” she said.
“In future, the branch will be empowered to take over the management, if necessary, of any cases unresolved by commanders 90 days after lodgment.”
The new system helps Defence people find the right advice quickly and also means that complaints can be assessed at an early stage to determine the best way to proceed.
Cases of unacceptable behaviour should always be reported, regardless of how trivial they may appear. “Unacceptable behaviour” is behaviour which a reasonable person having regard to all the circumstances would consider to offend, humiliate or intimidate other personnel.
 |
|
| Minister Assisting the Minister for Defence, Bruce Billson, MP |
|
From the Minister Assisting the Minister for Defence,
Bruce Billson, MP
I would like to take this opportunity to provide you, the men and women who wear our uniform – Navy, Army and Air Force – no matter what your rank or what you do, with an update on the significant improvements currently being made to the military justice system.
These enhancements and reforms are largely in response to recommendations from the 2005 Senate Foreign Affairs, Defence and Trade References Committee’s report, The effectiveness of Australia’s military justice system.
To date, more than half (22) of the 30 agreed recommendations from the Senate Committee’s report have been completed, with the remaining recommendations close to completion or well underway. These far-reaching enhancements include:
- A new permanent Australian Military Court, which commenced on October 1. The other key improvement being made to the discipline system is the redesign of the summary proceedings system. On August 15, I introduced a Bill into parliament which includes a new right of appeal and revised right to elect trial from summary procedures to the Australian Military Court, and the simplification of summary procedures and their rules of evidence.
- A new joint ADF investigative unit now investigates serious incidents with a Service connection. Provost-Marshal ADF COL Tim Grützner heads up the unit, which has approximately 140 qualified investigators and direct support personnel, giving him central oversight and control of ADF investigations. Investigation teams are also deployed to operational areas such as Afghanistan, Iraq, Timor-Leste and the Solomon Islands.
- There is no longer a backlog of complaints and redresses of grievance due to the additional resources being provided and the hard work of Defence personnel. In addition, the process for investigating complaints continues to be streamlined. In a report released in June this year, the Defence Force Ombudsman found the ADF effectively manages complaints relating to unacceptable behaviour.
- A civilian with judicial experience now presides over CDF Commissions of Inquiries into deaths of ADF members in service or other matters as determined by the CDF. A civilian president will enhance the impartiality and thoroughness of such inquiries.
- The Learning Culture Inquiry Report into ADF Schools and Training Establishments was released in December last year following the military justice inquiry which found that some aspects of ADF culture may be related to deficiencies in the military justice system. Action to reinforce ADF culture consistent with core values has reduced the risks of inappropriate behaviour, improved the care and welfare of trainees, and improved the management of minors in particular. More than half of the agreed recommendations are now underway.
With these reforms, the Government is providing you with a military justice system that improves impartiality and fairness whilst striking the balance between ensuring effective discipline to allow the ADF to operate safely and effectively, and protecting you and your rights.
With less than three months left of the two-year implementation schedule, I remain committed to reforming the military justice system to address your concerns, and those of the parliament and the community. So, together with the CDF and the Service Chiefs, the Government will continue to ensure that these enhancements to the military justice system are delivered.
 |
|
On track: The military justice reforms are the most significant changes to the system since the DFDA was introduced.
Photo: LSPH Joanne Edwards |
|
What is the military justice system?
“IT is critical to the Australian Defence Force’s operational effectiveness and the protection of individuals and their rights that we have a strong military justice system – one that not only underpins our discipline and command structures but also enables our personnel to work in a fair and just environment,” CDF ACM Angus Houston said.
“Through these enhancements, Defence aims to deliver an impartial, rigorous and fair military justice system, through enhanced oversight, greater transparency and improved timeliness.”
The military justice system encompasses two main components:
The Discipline System includes laws and policy processes for dealing with disciplinary action for members who have committed an offence under the Defence Force Discipline Act (DFDA), including (currently) automatic review of convictions and punishments.
The Administrative System includes laws and policies dealing with administrative inquiries to establish the facts of an incident, administrative action for members who have demonstrated unprofessional judgment or conduct, and redress of grievance and other complaints provisions for members to discuss any matter that affects their service.
Importantly, the military justice system applies to all ranks, provides a legal and policy framework able to be applied in Australia and overseas, and maintains discipline that is imperative to the success of operations.
One of the important statutory appointments to be established is the Inspector-General ADF.
The role of the IGADF has two aspects: to provide the CDF with a mechanism for internal audit and review of the ADF military justice system independent of the normal chain of command, and to provide an avenue whereby failures and flaws in the system can be exposed and examined so any cause of injustice can be remedied.
 |
|
IMPROVING: The Fairness and Resolution branch continues to streamline the investigation of complaints.
Photo: POPH Damian Pawlenko |
|
Australian Military Court
THE Australian Military Court (AMC) commenced on October 1. The new court replaces the previous system of Courts Martial and Defence Force Magistrate trials.
It is judicially independent from the military chain of command and executive and will be fully deployable and able to conduct court hearings within Australia and overseas, including operational areas.
The AMC will have the same jurisdiction as that applying to the previous Courts Martial and Defence Force Magistrates. It will only exercise jurisdiction under the DFDA where proceedings can reasonably be regarded as substantially serving the purposes of maintaining or enforcing discipline.
The AMC will be presided over by a military judge and there will be provision for trial by military judge and military jury or military judge alone.
The AMC will include a Chief Military Judge, two permanent military judges and up to eight part-time (reserve) military judges.
Military jurors will perform a role akin to jury members in a civilian court system and determine on the evidence whether an accused person is guilty or not guilty of the Service offence.
If an accused is found guilty, punishment as provided for by the DFDA will be imposed by the presiding military judge taking into account the sentencing principles applied by civil courts and the need to maintain discipline in the ADF.
All prosecutions before the AMC will be conducted through the office of the statutorily independent Director of Military Prosecutions.
A new Director of Defence Counsel Services provides legal representation for the accused.
For more information, visit www.defence.gov.au/mjs/resources/faqs.htm
 |
|
CHANGES AHEAD: The Australian Military Court, which commenced on October 1, is independent of the ADF chain of command and will replace Courts Martial and Defence Force Magistrates for ADF trials.
Photo: LS Owen King |
|
ADF Investigative Service
EARLIER this year, investigators from the three Services joined to form the tri-Service ADF Investigative Service (ADFIS) which is responsible for complex and major investigations in the ADF.
“We’ve been in existence now for six months and in that time have enhanced the way in which we respond to incidents and conduct investigations,” said Provost-Marshal ADF COL Tim Grützner.
ADFIS assists the CDF and the Service Chiefs in maintaining discipline in the ADF through the lawful, ethical and effective investigation of matters involving persons subject to DFDA jurisdiction.
ADFIS has strong links with the Australian Federal Police and investigators have similar training to their civilian counterparts – they are fully qualified investigators in accordance with Australian Government Investigations Standards and are referred to as ADF investigators.
ADF investigators attend a range of civilian investigative training courses in areas such as the management of serious crimes, sexual assault, forensic document examination, DNA recovery, defensive tactics, and fingerprint and ballistics procedures.
The secondment of ADFIS investigators to the AFP and state police is increasing, particularly in the areas of homicide, drug and sexual offences and we are now putting in place arrangements to second ADFIS investigators to the AFP Forensic Services.
 |
|
ADFIS team: The new ADF Investigative Service investigates serious incidents with an ADF connection. Pictured, from left, is Sgt Rebecca Moverley, Flt-Sgt Lawrence O’Reilly and PO Ondeane Wykes on the case.
Photo by LAC Aaron Curran |
|
Handy contacts
The Inspector General of the ADF – 1800 688 042, or email ig.adf@defence.gov.au
Defence Whistleblower Scheme Hotline – 1800 673 502
Fairness and Resolution Branch – (02) 6127 2909 or www.defence.gov.au/fr/
Directorate of Rights and Responsibilities – (02) 6127 2997
Directorate of Complaints Resolution – (02) 6127 2993
Directorate of Alternative Resolutions and Equity Directorate – (02) 6127 3003 or email ADR@defence.gov.au
Defence Equity Advice Line (DEAL) – 1800 803 831 or 0011 61 2 6127 2900 (from overseas) Director of Military Prosecution – (02) 6266 0482, or email defence.dmp@defence.gov.au
Provost Marshal ADF (PM ADF) – (02) 6266 1702
Defence Legal (including Defence Counsel Service) – (02) 6266 8808
Army Fair Go Hotline – 1800 100 064
Defence Force Ombudsman – 1300 362 072 or www.ombudsman.gov.au
Human Rights & Equal Opportunity Commission – 1800 620 241 or
(02) 9284 9600
Office of the Federal Privacy Commissioner – 1300 363 992
Defence Force Discipline Appeal Tribunal – www.defenceappeals.gov.au
Visit the website
For more details on military justice improvements, visit www.defence.gov.au/mjs or the intranet at http://intranet.defence.gov.au/militaryjustice |
