Opening
statements at the Senate Inquiry into the military justice system:
Chief
of the Defence Force (MP3 format 5.61 Mb)
Chief
of Airforce (MP3 format, 3.32 Mb)
CDF General Peter Cosgrove and CAF Air Marshal Angus Houston consider
substantial progress has been made in modernising the Military
Justice System (MJS) and that its elements are sound and fair.
Both Chiefs made opening statements on March 1 before the Senate
legislative committee inquiry into military justice.
GEN Cosgrove said while the system was sound, improvements had
been recommended in previous inquiries, including the appointment
of the Inspector General of the ADF, Director of Military Prosecutions
and Registrar of Military Justice.
“This inquiry gives the ADF a further opportunity to review,
consider and correct any shortcomings, and will contribute to
the continuous improvement that we have made to the system arising
from the five inquiries into the MJS since 1998,” he said.
“We continue to work hard and have made substantial progress
in modernising the system. Any justice system is not perfect.
Occasionally people get things wrong and some individuals make
mistakes. The MJS is no different. We must be careful to separate
systemic shortcomings from those that result from human failings
within the system.”
He said the ADF’s success was based on a range of command
and management systems of which the MJS was a critical part.
“I have every confidence that on the whole the Military Justice
System is effective and serves the interests of the nation, the
Defence Force and its people,” he said.
AIRMSHL Houston acknowledged that mistakes had been made in the
past but Air Force had learned from them.
He expressed deep regret about the death of former Air Force Cadet
Sergeant Eleanor Tibble. CSGT Tibble had been the subject of administrative
action by No. 5 Cadet Wing for allegedly fraternising with an
adult instructor. She had committed suicide after believing she
was to be dismissed from the Cadets.
Air Force Headquarters had directed she was to be retained two
weeks before her death but this direction had not been carried
out.
“I am sorry it took the death of Eleanor Tibble for the Air
Force to realise things weren’t right,” AIRMSHL Houston
said.
The Air Force has since revised policies and training procedures
relating to the Cadets.
AIRMSHL Houston stressed there was a crucial relationship between
the MJS and command. High levels of personal and collective discipline
were required to maintain operational readiness. He said all personnel
were trained in the MJS at levels appropriate to the needs of
each rank and job.
“Air Force has pursued transparency, natural justice, procedurals
fairness and protection of the rights of the individual,”
he said.
“We have put in a great deal of work to establish a values-based
leadership culture that emphasises our people. This ensures all
of our people are given a fair go. I am satisfied the elements
of the system are sound and fair.”
Continuing high morale, record high retention rates and a decline
in formal complaints were evidence of a strong Air Force culture.
The Directorate of Personnel Executive Review was established
in 2001 to provide a faster avenue to the formal Redress of Grievance
process, and a concerted effort had been made to resolve problems
at the lowest possible levels and in the shortest possible time.
This has led to a significant drop in Redresses of Grievance from
173 in 2000 to 37 in 2003.
AIRMSHL Houston said the Air Force needed an effective MJS to
meet people’s expectations in peace and war.
The opening statements of the Service Chiefs to the inquiry are
available on the web site www.defence.gov.au/mjs
See also Ensuring a fair go.
