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Report irregularities to Military Justice Audit say Chiefs

March, 2001

Chief of the Defence Force, Admiral Chris Barrie.
The Chief of the Defence Force, Admiral Chris Barrie, has warned against prevention or intimidation of members of the ADF making submissions to the Military Justice Audit Team. He said this in an address replayed on video to members of the Air Force, Navy and Army around Australia during an unprecedented stand-down day ordered on 5 February to address brutality and disciplinary rights and obligations.

The team, headed by retired Federal Court judge, Mr James Burchett, is currently inquiring into certain aspects of military justice in the ADF.

Chief of the Air Force, Air Marshal Errol McCormack.

Individual Service Chiefs including CAF, Air Marshal Errol McCormack added their remarks to those of CAF for their respective Service audiences.

'This audit will investigate whether there is a culture of avoidance of the due disciplinary process; whether there are any irregularities in our system of military justice (such as victimisation, assaults, illegal punishments, failure to act upon reports of abuse, denial of rights),' AIRMSHL McCormack said. 'It will investigate any allegations of injustice and unacceptable behaviour that may come up. It is a chance for us to take stock of our military justice system, to find out what does and doesn't work.'

'Let me make it absolutely clear that no member of the ADF is to be prevented from making a submission to the Burchett Team,' ADM Barrie said.

'This was reiterated by the CAF who said: 'Any member wishing to make a contribution has my personal assurance that it is safe to make any such disclosure without fear of any adverse effect on your careers. Any attempt made by RAAF members to prevent or otherwise discourage persons from making submissions to the audit will be promptly dealt with.'

The 'stand-down', said ADM Barrie, was to enable 'each and every one of us to consider the issues about their behaviours and the ADF, as well as the extent of community concerns.'

ADM Barrie said there was no place for double standards in respect to the law in the ADF.

'We cannot permit there to be cause for any speculation that the ADF tolerates actions and behaviour that break the law,' he said. 'This means that we have a high regard for the rule of law, whatever impact that rule of law may have on our own personal beliefs, or behaviours.'

ADM Barrie explained that respect for the rule of law provided a foundation for the professionalism of the ADF.

'Without it, we would likely be an ill-disciplined force without a strong sense of purpose and the cohesion to perform effectively,' he said. 'And without it, we would not have been able to build a worldwide reputation as a professional fighting force, and earned our community's utmost admiration in that process.'

Admiral Barrie expressed determination to 'get to the bottom of any inappropriate or unlawful behaviours which have been going on but have not been properly dealt with.'

AIRMSHL McCormack expressed similar thoughts on the serious nature of possible internal problems.

'There is no place for rough justice within the ADF,' he said. 'It is unacceptable, and un-Australian, and it will not be tolerated at all. Unacceptable behaviour has no place in today's Air Force. We must mirror current community standards and values, and those standards will not tolerate any form of discrimination, harassment, physical abuse or intimidation.

'Contact details have been distributed via flyers, Service and civilian newspapers. I urge you to make contact with the audit team if you have any knowledge of inappropriate behaviour, which is relevant to the terms of the audit.

'The audit team will be visiting all major RAAF establishments in Australia and you may, if you wish, provide a statement during such visits. Alternatively, you may wish to anonymously provide a statement off base, or just forward a written submission to the team. The choice is yours and it will be respected.'

The Chief of the Defence Force added that he intended to appoint a Military Inspector General of the ADF after Mr Burchett has presented his report.

'This is to implement any recommendations made by the Military Justice Audit Team', he said, 'and to maintain an ongoing check on the health of our military justice system.'

By Amber McKinnon