By
PTE John Wellfare
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RADM
Mark Bonser is heading the taskforce drafting Defence’s
proposed response to the Senate’s military justice
inquiry.
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Major
recommendations
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Recommendation
1:
The committee recommends that all suspected
criminal activity in Australia be referred to
the appropriate State/Territory civilian police
for investigation and prosecution before the
civilian courts.
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Recommendation
2:
The committee recommends that the investigation
of all suspected criminal activity committed
outside Australia be conducted by the Australian
Federal Police.
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Other
recommendations
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that
the ADF increase the capacity of the Service
police to perform their investigative function;
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Regular
reviews of the ADF’s program to protect
from reprisals members who report wrongdoing;
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The
language in the Administrative Inquiries Manual
be amended so that it is more direct and clear
in its advice on the selection of an investigating
officer; and
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The
ADF take steps immediately to draft and make
regulations dealing with the ADF Cadets to ensure
that the rights and responsibilities of Defence
and cadet staff are clearly defined.
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COMMANDER
Australian Defence College Rear Admiral Mark Bonser has been appointed
to lead a team that will draft Defence’s proposed response
to the Senate Foreign Affairs, Defence and Trade References Committee
report into the military justice system.
The report, released on June 16 after the committee reviewed submissions
from a number of stakeholders and affected people, made 40 recommendations
for changes to the current system, including the establishment
of a permanent military court to try DFDA offences currently tried
at the court martial or Defence Force Magistrate level and that
all suspected criminal offences be forwarded to the civilian police.
The Senate report expresses concern with a number of processes
under the current system and says, “the committee considers
that major change is required to ensure independence and impartiality
in the military justice system and believes it is time to consider
another approach to military justice”.
Time
to respond to Senate military justice inquiry
RADM
Bonser said it would be important for Defence to carefully and
thoroughly consider the Senate report’s recommendations in
producing a proposed response
“Subject to what may be agreed by the Government, the recommendations
are far-reaching and could affect everyone in the ADF,” he
said.
“The report contains some criticism of the implementation
of previous reviews and needs to be analysed rigorously to ensure
proposed changes will achieve the necessary balance between individual
rights and the need for the military to effectively enforce discipline.”
“I hope that all ADF members will show an interest in the
report and provide any views they may have to the drafting team
to help develop the proposed response.
RADM Bonser said the team would appreciate input from officers,
non-commissioned officers and other ranks because they could all
be potentially affected by the recommendations.
A separate message and Defgram will be issued advising members
how to provide feedback on the report to the team.
CDF General Peter Cosgrove said he welcomed the tabling of the
Senate report and that Defence would continue to implement ongoing
reform measures while the report was being considered.
“The Service chiefs and I are committed to a fair and equitable
workplace that includes a transparent and cohesive military justice
system,” he said.
“[We] remain open to suggestions on how to improve our administrative
and disciplinary practices.”
The full report is available at www.aph.gov.au/Senate/committee/fadt_ctte/miljustice/index.htm
