The Burchett Report was publicly released at a press conference called by Chief of the Defence Force, Admiral Chris Barrie last month.

There is not a culture of widespread or systemic avoidance of due disciplinary processes, nor the use of violence to maintain discipline, in the Australian Defence Force, according to the Burchett Report.

However, 'bastardisation is not a dead practice', Mr James Burchett, a retired Federal Court justice, warned in his 200-page report.

The document was publicly released at a press conference called by Chief of the Defence Force, Admiral Chris Barrie at Maritime Headquarters in Sydney last month.

The Burchett Report resulted from 480 submissions and discussions with 2350 people.

Recommendations, which have ramifications for the four arms of the ADF, include the establishment of an Inspector-General of the ADF, the establishment of an independent Australian Defence Force Director of Military Prosecutions with discretion to prosecute and the establishment of a Registrar of Courts Martial.

While the report contained bouquets such as Defence's elimination of bastardisation at RMC, ADFA, Kapooka and the Royal Australian Naval College, there were some brickbats.

'Bastardisation is not a dead practice,' Mr Burchett wrote. 'Also, it is quite certain that if bastardisation has been eliminated in training institutions, its influence, creating a tolerance and even a taste for unlawful violence in association with discipline, could not have been wholly eliminated at one stroke with it.'

Mr Burchett also had a strong warning for peacekeepers. 'Australia seems likely, in the modern world, to be involved in peacekeeping missions overseas such as Timor,' he said. 'Such missions are subject to international scrutiny. If Australian troops are allowed to treat each other with unlawful violence, they may be apt to treat foreigners in at least a similar fashion. That would injured Australia's good name, and could lead to international prosecution of Australian personnel.' Mr Burchett pointed out.

Mr Burchett also warned against Defence units believing they were 'elite' and in some way 'above the ordinary law.' In other sections of his report he appealed for the 'presumption of innocence'.

Mr Burchett was critical, particularly of the Air Force, in its failure to widely introduce the Discipline Officer Scheme, a scheme recommended in 1989 in the Report of the Defence Force Discipline Legislation Board of Review.

The report told of the need for prospective commanding officers to be given a course on discipline and the legal ramifications, not provide them with an 'add on.'
It outlined that prospective Airforce COs complete a five day course, while soldiers don't get anything and Naval officers receive an 'in between' course.

The judge told of the perception from some lower ranks that officers were not disciplined as firmly, however Mr Burchett suggested that this was because the ranks were not aware of the facts of the higher level disciplinary action.

Mr Burchett called for greater disciplinary transparency and even raised the spectre of disciplinary cases being publicised as occurs in the US.

At the August press conference, ADML Barrie said the Military Audit Team, under the leadership of Mr Burchett, was formed to establish whether or not any evidence of a culture of systemic avoidance of due disciplinary processes exists in the ADF.

'I have examined Mr Burchett's recommendations closely and I expect to move to implement them as soon as possible,' ADML Barrie said.

'First, and most importantly, Mr Burchett reported that he found that there is not a culture in the ADF of widespread or systematic avoidance of due disciplinary practices, or the use of violence to maintain discipline. Secondly, Mr Burchett stressed that the ADF has taken vigorous steps to stamp out objectionable practices at its training institutions, but he went on to say that ongoing vigilance must be maintained. Thirdly, Mr Burchett has proposed some significant reforms to the military justice system to make it more efficient and transparent.

'In all our minds has been the question of whether or not Mr Burchett found any evidence of wrong-doing in the administration of military justice. There are some matters of concern in a very small number of units. I want to assure you that these are being investigated actively.

'A number of personal issues raised by individuals are also the subject of ongoing examination. But I want to stress that these ongoing issues are few in number and are being dealt with properly and expeditiously.

'The report by Mr Burchett very much confirms what the Service Chiefs and I believed - that we have a pretty good system of military justice which is serving us well,' the Admiral said.

'We also believed that the vast majority of our people understood their rights and obligations under the Defence Force Discipline Act. The great majority of our people do the right thing and go about their duties with a due regard for the rule of law. Those who do not comply will feel the full consequences of the law.

'In releasing this report and by informing the Government, the Parliament and the community of the outcome of Mr Burchett's audit, I can say that the ADF deserves a strong reputation for justice and fairness,' ADML Barrie said. 'However, we must remain alert. Therefore, as I announced last year, I now intend proceeding to establish, as soon as possible, an Inspector-General of the Australian Defence Force, and will work closely with the Service Chiefs.'

The Burchett Report can be viewed on the Defence web site.

By Graham Davis