By
Corporal Cameron Jamieson
THE
ADF’s military justice system will be reformed following
the release of the Government’s response to the Senate Committee’s
report into the ADF’s military justice system.
High on the list of the reforms is the establishment of an independent
and permanent Australian military court, which will replace the
current system where serious matters are dealt with by individually
convened trials by Defence Magistrates and Courts Martial.
Chief of the Defence Force Air Chief Marshal Angus Houston has
welcomed the changes and said that the new permanent military
court would bring a new level of judicial impartiality to the
ADF.
“What we will have is a military court that is outside the
command system,” he said.
“This means that if somebody elects for a trial with the
permanent military court, they will be treated by a system that
is independent of the chain of command.
“I think that will ensure impartiality and that people will
get a fair go within that system.”
The Australian Military Court will consist of a chief judge advocate
and two permanent judge advocates.
A part-time Reserve panel will supplement the court, and a military
jury can be appointed in more serious cases.
Other major changes include the establishment of a tri-Service
investigation unit, and a mandatory commission of inquiry will
be established for all ADF incidents that result in the death
of a Service member, including cadets.
Another change is the streamlining of the ADF complaints and redress
of grievance system, in accordance with the 2004 Joint ADF Ombudsman-CDF
Redress of Grievance Review.
“This is already under way as a consequence of work that
was done for [previous CDF] General [Peter] Cosgrove,” Air
Chief Marshal Houston said.
“We’re now in the process of implementing all of those
recommendations that will streamline the complaints system and
provide for the faster handling of complaints.”
The majority of the reforms to the military justice system will
require amendments to existing legislation, and so will be progressively
rolled out over the next two years.
Rear Admiral Mark Bonser has been appointed to head the team that
will oversee the implementation of the reforms. He will be required
to report to the CDF on a monthly basis, who will in turn report
to the Senate Committee on Foreign Affairs, Trade and Defence
every six months over the next two years.
$3.5 million a year has been allocated to provide resources for
the reforms, and 35 new positions will be created, including the
permanent judge advocates.
