Defence response FAQ

The Afghanistan Inquiry Reform Plan (the Reform Plan) was publicly released on 30 July 2021.

The Reform Plan (PDF, 6.5MB) is available to download.

The Afghanistan Inquiry made a number of findings and 143 recommendations. Defence accepted the Inspector-General’s findings and undertook to address all of the recommendations.

At this time, Defence has implemented the required action to close 139 of the 143 recommendations.

Four recommendations remain open pending the outcomes of the Office of the Special Investigator (OSI) joint investigations with the Australian Federal Police. 

The Afghanistan Inquiry Reform Plan set out the Defence strategy for responding to the Afghanistan Inquiry and established the Afghanistan Inquiry Reform Program (PDF, 727 KB) (the Reform Program) to coordinate and drive this work.

The Reform Program had 2 objectives:

Objective 1: Address the past: Consider and take appropriate action to address organisational, collective and individual responsibility for past failures and wrong doing.

Objective 2: Prevent recurrence: Build the best possible organisation for the future, comprehensively understanding and addressing the root causes of the failures and wrongdoing; and developing the systems, culture and accountability that will prevent, and promptly detect and respond to, departures from required standards.

Visit Defence Response for more information.

Defence is comprehensively responding to the Afghanistan Inquiry through the work of the Afghanistan Inquiry Reform Program (the Reform Program).

At this time, Defence has implemented the required action to close 139 of the 143 recommendations.

Four recommendations remain open pending the outcomes of the Office of the Special Investigator (OSI) joint investigations with the Australian Federal Police. The work of the Reform Program is not limited to and goes beyond addressing Inquiry recommendations, considering and responding to the complex issues raised by the Inquiry.

Visit Defence Response for more information.

As part of the Afghanistan Inquiry Reform Program, a number of initiatives are focused on strengthening command accountability into the future, including modernising doctrine, training and assurance mechanisms to better prepare commanders and strengthen the culture of accountability.

Defence is committed to the delivery of our response to the Afghanistan Inquiry and is taking the necessary action to address the Inspector-General’s findings and recommendations.

The delivery of Defence’s response remains a high priority and we will deliver on the remaining activities in a timely, thorough and considered manner.

In June 2021, the then-Minister for Defence wrote to the Chief of the Defence Force directing him to suspend any consideration of action in relation to personnel who held command positions in the period within the scope of the Afghanistan Inquiry (2005 to 2016).

Consequently, the CDF suspended his consideration of command accountability at that time.

The current Government confirmed Defence could recommence action for command accountability. Accordingly, the CDF recommenced his consideration of command accountability related to the Afghanistan Inquiry.

The Chief of the Defence Force has considered the command accountability of current and former serving ADF members who held command positions during the periods in which the Inspector-General found credible information of multiple incidents of alleged unlawful conduct as identified in the Afghanistan Inquiry report.

Persons who held command positions during the periods where there was credible information of alleged unlawful conduct, irrespective of rank, have been considered in a consistent manner. These considerations applied to a small group only. All were given the opportunity to respond during the process.

The CDF has provided the relevant materials to the Deputy Prime Minister (in his capacity as Minister for Defence) for his consideration. This concludes the CDF's involvement in the process.

Should the Deputy Prime Minister decide that an honour or award be cancelled, he will make a recommendation as such to the Governor-General for his determination.

As the process is ongoing, and to protect the privacy and support the welfare of our people, Defence will not comment on the circumstances of individuals.

The Afghanistan Inquiry makes seven recommendations in relation to honours and awards:

• One of the seven Inquiry recommendations relates to revoking the award of the Meritorious Unit Citation (MUC) to the Special Operations Task Group (Task Force 66). On 19 April 2021, the then-Minister for Defence announced that the Special Operations Task Group (Task Force 66) will retain the MUC.
• Six of the seven Inquiry recommendations relate to individual honours and awards. Defence is addressing these recommendations in accordance with existing processes for the review of honours and awards. Defence may review other honours and awards if the circumstances warrant this course of action.

This work will be undertaken in accordance with existing processes. Ensuring this work does not compromise any relevant criminal processes is a key consideration and may require deferral of actions in some circumstances.
 

The Afghanistan Inquiry report contained 15 recommendations to consider compensation to alleged victims and their families where there is credible information involving allegations of property damage, assault or unlawful killing, without awaiting the establishment of criminal liability.

The Australian Government has established a compensation scheme within Defence, under regulation.

The regulation came into effect on 19 July 2024.

The Chief of the Defence Force may refer a claim to the Afghanistan Inquiry Compensation Advocate (the Advocate).

The Advocate’s role will be to consider claims, in consultation with the Department of Foreign Affairs and Trade and any other relevant experts, to determine what actions to take, and to report back to the Chief of the Defence Force. 

The Chief of the Defence Force will make a decision to act in accordance with the advice of the Advocate, or take a different action. 
 

The Chief of the Defence Force can agree to the payment of compensation, after consideration of advice from the Advocate.

The Minister for Defence (Deputy Prime Minister) will appoint the Advocate on a part-time basis.

The Afghanistan Inquiry Compensation Advocate’s role is to:

• consider claims for compensation referred by the Chief of the Defence Force
• recommend appropriate action to the Chief of the Defence Force
• provide advice and assist the Chief of the Defence Force to implement decisions. 

No. The functions of the Advocate does not include undertaking an inquiry or investigation as to whether there has been an unlawful killing, assault or property damage or whether any offence alleged under Australian law has been committed. 

Criminal investigations remain in the remit of the Office of the Special Investigator and the Australian Federal Police.

Persons with information relating to alleged criminal matters should report this to the Office of the Special Investigator, or to the Australian Federal Police.

The Afghanistan Inquiry report contained 15 recommendations on compensation to alleged victims and their families where there is credible information involving allegations of property damage, assault or unlawful killing, without awaiting the establishment of criminal liability. Compensation is able to be paid without criminal liability, under Australian law.

Any criminal investigations being conducted by the Office of the Special Investigator and the Australian Federal Police are independent of the Afghanistan Inquiry Compensation Scheme. 

The Chief of the Defence Force may refer a claim to the Afghanistan Inquiry Compensation Advocate, if the Chief of the Defence Force is satisfied that:

• The claim relates to one or more persons, or persons within a class, (the eligible recipients for the claim), each of whom the Chief of the Defence Force considers:
  • is reasonable likely to be the victim of an assault or property damage or a family member of a victim of unlawful killing
  • is not reasonably likely to be a member of a terrorist organisation
  • is not a sanctioned person and is not reasonably likely to act on behalf of, or at the direction of, a sanctioned entity.
• the assault, property damage or unlawful killing was found to be substantiated by credible information by the Inspector-General of the Australian Defence Force Afghanistan Inquiry.

The Advocate may recommend to the Chief of the Defence Force the following options:

• giving monetary or other compensation to one or more eligible recipients for the claim
• giving monetary or other compensation to any other person or group
• a letter of apology or acknowledgement
• no action. 

The Chief of the Defence Force may also request further information and advice from the Advocate or any other person. 

The Chief of the Defence Force may make a decision to act in accordance with the Advocate’s recommendations, or take a different action. 

The Chief of the Defence Force may make a decision to act in accordance with the Advocate’s recommendations, or take a different action in response to a claim. 

In the event that the Chief of the Defence Force intends to take a different action in response to the claim, the Chief of the Defence Force must inform the Minister in writing at least 15 days before making the decision, giving reasons for the intended decision.

After making such a decision, the Chief of the Defence Force must inform each eligible claimant of the decision, except any person the Chief of the Defence Force reasonably believes it is not appropriate, necessary or practicable to inform.

The Chief of the Defence Force, General Angus Campbell, was the Commander of Joint Task Force 633 (CJTF 633) from 14 January 2011 until 17 January 2012 inclusive. 

The CDF was awarded the Distinguished Service Cross as CJTF 633 for service on Operation SLIPPER from January 2011 to January 2012. 

The Government, through the Deputy Prime Minister (in his capacity as the Minister for Defence), oversees Defence’s response to the Afghanistan Inquiry. The Deputy Prime Minister has been informed by advice from the Afghanistan Inquiry Implementation Oversight Panel.

The Government established the Afghanistan Inquiry Implementation Oversight Panel to provide independent oversight and assurance of Defence’s response to the Inquiry.

The Afghanistan Inquiry Implementation Oversight Panel included individuals recognised for their expertise and experience in complex legal matters, forensic review, organisational scrutiny and reform, and reported directly to the Deputy Prime Minister (Minister for Defence). 

The Panel comprised of:

• Dr Vivienne Thom, AM, a former Inspector-General of Intelligence and Security;
• Robert Cornall, AO, a former Secretary of the Attorney-General’s Department; and
• Professor Rufus Black, noted ethicist and Vice Chancellor of the University of Tasmania.

The Panel’s tenure concluded in November 2023. 

The Office of the Special Investigator (OSI) is an independent Executive Agency within the Attorney-General's portfolio. A key function of the OSI is to investigate, jointly with the Australian Federal Police (AFP), the potential criminal matters raised by the IGADF Afghanistan Inquiry.

Where appropriate, the OSI will develop briefs of evidence to refer to the Commonwealth Director of Public Prosecutions for consideration.

Criminal investigations and prosecutions are being conducted independently of Defence.

The OSI commenced operations on 4 January 2021.

Visit OSI for more information.

The Office of the Special Investigator (OSI) is working with the Australian Federal Police (AFP) to investigate allegations of criminal conduct related to any breach of the Law of Armed Conflict by members of the Australian Defence Force in Afghanistan from 2005 to 2016.

The OSI and AFP can investigate matters which are beyond those addressed by the IGADF Afghanistan Inquiry, but within the OSI’s mandate.

A key function of the OSI is to investigate, jointly with the Australian Federal Police (AFP), the potential criminal matters raised by the IGADF Afghanistan Inquiry. Visit the OSI’s website for information about the OSI’s approach to managing IGADF Afghanistan Inquiry information.
 

Criminal investigations and prosecutions are being conducted independently of Defence. Visit OSI for information.
 

Visit the OSI’s website for information about the OSI’s approach to managing IGADF Afghanistan Inquiry information.