Volume 48, No. 12, July 13, 2006
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TIPPING THE SCALE: The new Australian Military Court will replace Courts Martial and Defence Magistrate trials. |
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Fast facts
New processes will deliver fair and timely outcomes and help clear the backlog in Redress of Grievance cases.
A new position of Director of Defence Counsel Services has been created to improve access of all members to Defence counsel.
Courts Martial and trials by Defence Force Magistrate will no longer be convened and appointed from within the chain of command.
Regulations have been amended to ensure that all affected persons are entitled to appear and be represented at administrative inquiries. This extends to representatives of deceased members.
A tri-Service investigative unit will be formed to be headed by the new Provost Marshal-ADF.
The reform program is working to have enabling legislation for the establishment of the new Australian Military Court passed by the end of the year. This court will replace Courts Martial and Defence Force Magistrate trials. |
CLEARING the backlog of Redresses of Grievance cases is one of the more significant enhancements to the military justice system that hasbeen completed, according to the Head Military Justice Implementation Team, RADM Mark Bonser.
RADM Bonser is responsible for implementing the reforms required by the Government response to last year’s Senate Inquiry report and also for implementing ongoing enhancements from a number of previous reviews of the military justice system.
CDF ACM Angus Houston told recent Senate Legislation Committee hearings in Canberra that in the first six months of the two-year implementation period, significant achievements had been made in reforming the military justice system to deliver impartial, rigorous and fair outcomes through enhanced oversight, greater transparency and improved timeliness.
Providing an update on progress and what the reforms mean for members of the ADF, RADM Bonser said the previous backlog of Redresses of Grievance cases caused undue pressure on the complaints resolution system, leading to delays in finalising cases.
“Our intention is to now ensure that the processes we put in place deliver fair and timely outcomes,” RADM Bonser said.
“A first step has been taken with the standing up of the Defence Fairness and Resolution Branch as the central management body, outside of normal line-management, for managing all complaints and grievances.
“To improve the availability of Defence counsel services to ADF personnel, a new position of Director of Defence Counsel Services has been established to coordinate, and manage access to, defence counsel services. This will broaden and improve the availability of defence counsel for ADF members.
“The establishment of the existing Chief Judge Advocate, Registrar of Military Justice and Director of Military Prosecutions as statutory positions will also further enhance the impartiality of the Service Tribunal system. Courts Martial and trials by Defence Force Magistrate will no longer be convened and appointed from within the chain of command.
“Amendments to the Defence (Inquiry) Regulations will improve the fairness of all future administrative inquiries. The regulations have been amended to ensure that all affected persons are entitled to appear and be represented at administrative inquiries.
“This extends to the representatives of the deceased and will ensure all persons who appear before an inquiry are treated fairly.”
Measures were also being implemented to enhance the administration of ADF Cadets, RADM Bonser said.
“Recently an expert was engaged to examine whether the human rights of children are being respected. In addition, extra staff resources have been provided to the ADF Cadets to improve administrative support, and amendments have been completed to the ADF Cadet Regulations to ensure that the rights and responsibilities of Defence and Cadet staff are defined.”
RADM Bonser also reported that a number of other significant enhancements were well advanced.
“The inquiry into the learning culture in ADF schools and training establishments is about to be completed with a final report delivered to the CDF on July 7. Many personnel in our training establishments will be aware of this inquiry, having participated in the focus groups conducted by the inquiry team. The inquiry is expected to establish a baseline from which to drive any necessary change in the ADF’s training culture.
“The other audit we are sponsoring – the tri-Service audit of ADF Service Police investigative capability – is also nearing completion. This audit will establish the best means for developing the ADF’s investigative capability.
“A first step in establishing that capability was taken with the recent appointment of COL Tim Grutzner as the initial Provost Marshal-ADF. He will head the new tri-Service investigation unit to be formed after the audit.
“A further step has been the deployment of ‘lead-in’ Service police investigator capabilities to Iraq, Afghanistan, Solomon Islands and East Timor. The deployed capabilities will ensure timely investigations and the preservation of evidence, where required.
“Interim arrangements are now in place which allow a Board of Inquiry to be presided over by a civilian – previously the president has been a senior ADF officer. When changes to the Defence Act are passed, towards the end of this year, the permanent CDF Commission of Inquiry (COI) framework will be in place.
“A CDF COI will be mandatory for all suicides and deaths in service. These new arrangements will contribute to enhancing the impartiality and transparency of inquiries into deaths in service and serious incidents.
“These achievements demonstrate we are making good progress in enhancing our military justice system, a system critical to the operational effectiveness of the ADF and to the protection of our people and their rights.
“But much work remains to be done over the next 18 months,” he said.
