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Review of reforms to Australia's military justice system

Terms of Reference

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On 22 June 2006, the Senate Foreign Affairs, Defence and Trade Legislation Committee resolved:

1. to take responsibility under standing orders 25(2)(b) and 25(21) for inquiring into and reporting on Defence's progress in implementing the recommendations contained in the government's response to the Committee's report on Australia's military justice system;*

2. that it is not a de facto complaints resolution tribunal and is not able to inquire into individual circumstances;

3. as considered appropriate by the committee and with the permission of the complainant, to forward complaints it receives:

   • through the Minister assisting the Minister for Defence to Defence for its response,
   • to the Inspector-General of the ADF for his response, or
   • to the Defence Force Ombudsman for his response
   the complaint and comments to remain confidential until the committee decides otherwise;

4. to report to the Senate regularly (after each six-monthly meeting with Defence officials) on the committee's activities with regard to monitoring the implementation of the government's reforms of the military justice system;

5. to inform the Minister regularly in writing (after each six-monthly meeting with Defence officials or as required) about the committee's activities with regard to monitoring the implementation of the government's reforms of the military justice system;

6. at the end of the two-year period, to review the implementation process in light of the committee's recommendations and the government's response to these recommendations; and

7. to publish this motion on its web site in order to make the committee's intention and the limit of its jurisdiction clear to all interested parties.

*Standing order 25(2)(b) allows the committee 'to inquire into and report upon...annual reports in accordance with a reference of such reports to them, and the performance of departments and agencies allocated to them'. Standing order 25(21) states that 'Annual reports of departments and agencies shall stand referred to the legislation committees in accordance with an allocation of departments and agencies in a resolution of the Senate.'

For further information, contact:

Committee Secretary
Senate Foreign Affairs, Defence and Trade Committee
Department of the Senate
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone:	+61 2 6277 3538
Fax:	+61 2 6277 5818
Email:	fadt.sen@aph.gov.au

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