RECOMMENDATIONS – DLA PIPER
REPORT
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Recommendation 1
We recommend that, for people whose detailed
further information
has not been received or
fully considered before Volume
2 is delivered:(i) any further detailed information which the
Review receives should be
considered
and reported on in a supplementary report to the Minister and Secretary; and(ii) the supplementary report should
report on whether the preliminary assessment and recommendations
which went into Volume
2 need to be changed.
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Agreed.
The Taskforce will
examine additional
allegations concerning
incidents to 11 April
2011.
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Recommendation 2
The Review
recommends that Phase 2 undertake
discussions with Defence as a matter of urgency with
a view to the clarification
and, if necessary, amendment of DI(G) PERS
35-4
to permit administrative
action to be taken
in respect of actions
which may constitute
sex offences under applicable criminal
law. The other DI(G)s that seem to be relevant to these issues should
also
be examined. Consideration should be
given to
having a DI(G) which directs the relevant Commanding Officer to consider
taking administrative action
even though the same
incident has also been referred to civilian police
and to
review
the status of the
matter at regular intervals to
see whether administrative action
should be taken. Regard should be
had to the desirability
of Defence
procedures following the
APS model for running administrative
processes
during or after criminal processes for the same
facts.A broader
examination should be
undertaken of
the management of actions
which may
be sexual offences under applicable
criminal law and ‘unacceptable behaviour’
and the
relevant DI(G)s redrafted to
provide
simpler and
appropriate
advice and guidance to management.
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Agreed.
The Taskforce will
examine these
matters in
the
course of its work.
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Recommendation 3
If a new
complaint resolution scheme
is established, it should not
be limited to people
who have come to this Review but should be open
to
people who have
not raised matters with this Review.
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Agreed.
The Taskforce will examine additional
allegations.
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Recommendation 4
If a new
complaint resolution scheme
is established, each
allegation reported
on within Volume
2 should be reviewed to see if the allegation is
suitable for the
new scheme. This
is particularly important to allegations identified in Volume
2 for ‘no further action‘. That recommendation
is based on the
remedies currently available for the members concerned. If new remedies are
put in place, some
of the ‘no further action’ matters
may be suitable for reparations under the
new system.
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Agreed.
The Taskforce will
directly handle resolution of
complaints to DLA
Piper.
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Recommendation 5
There should be further investigation of matters
identified
during Phase 1 as
raising real concerns as to the
occurrence of
abuse and/or mismanagement by
Defence of reports of abuse.
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Agreed.
The Taskforce will
gather additional information as
appropriate
and report to
the
Minister on implications for
‘Pathways to
Change’.
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Recommendation
6
Further investigations to be made during Phase 2 should
be conducted by an external review body.
A body similar to that which has conducted Phase 1 of
the Review should
be established for this purpose.
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Agreed.
The Taskforce is
oriented towards the resolution of cases.
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Recommendation 7
Consideration
should be given to
establishing a capped compensation scheme for the
victims of abuse
within Defence.
During Phase 2 a detailed proposal for a capped compensation scheme could
be developed for the Government‘s
consideration at the end
of
Phase 2.
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Agreed.
A capped compensation
scheme will be
administered by the Taskforce.
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Recommendation 8
Consideration
should be given to
establishing a framework for private facilitated meetings
between victims, perpetrators
and witnesses
of abuse within Defence.
During Phase
2 a detailed proposal for such
a framework could be
developed for the Government‘s
consideration at
the end of Phase 2.
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Agreed.
Restorative justice is one of the options
open to the Taskforce to
resolve individual complaints.
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Recommendation 9
Special counselling and health services in
place for the duration of this
Review should be extended into Phase 2 of the
Review whilst a plan for providing
health services to
victims of abuse is
prepared. Thereafter, the plan should be implemented
such that victims
of abuse within Defence have access to
counselling and health services.
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Agreed.
The Taskforce will be funded to
provide
additional counselling and will also
liaise with
and provide referrals to
existing services.
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Recommendation 10
A suite of
options should be
adopted to provide means for affording reparation to
persons affected
by abuse in Defence comprising:- public
apology/acknowledgements;- personal apology;- capped
compensation
scheme;
- facilitated meeting between
victim and
perpetrator;
- health
services and counselling.
A body
or team should be tasked to
develop detailed
proposals for the suite of options, so that they may be presented for a decision on
implementation.
While the suite
of
options are
being developed,
there should be
further
external investigation of matters recommended in Volume 2 for further
external investigation. There
could be referral of matters
recommended for internal/external referral. Volume
2 recommendations are limited to existing options. Accordingly,
matters
recommended for ‘no
further action’ in Volume
2 should
be ‘held’,
pending the development of the proposals and then –
where appropriate –
considered for possible action
under any new processes adopted. There should be appropriate
communication to
complainants as
to what will happen during the transition stage and
into Phase 2.
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Agreed.
The Government response is
based on a similar suite of options. The Taskforce will be responsible for an
expanded role than
that
recommended by DLA Piper and is strongly
oriented towards the resolution of cases.
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