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The effectiveness of Australia's military justice system16 June 2005 © Commonwealth of Australia 2005 |
View the report as a single document - (PDF 1737KB)
View the report as separate downloadable parts:
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| Members of the Committee | (PDF 90KB) |
| Terms of Reference | (PDF 130KB) |
| Acronyms and abbreviations | (PDF 90KB) |
| Preface | (PDF 124KB) |
| Executive Summary and recommendations | (PDF 251KB) |
| Chapter 1 - Introduction and conduct of the inquiry | (PDF 177KB) |
| Referral of the inquiry Terms of reference Conduct of the inquiry Advertisement Submissions Public hearings Confidential material Briefings Provision of expert legal assistance Scope of the inquiry Structure of the report Part 1—Introduction Part 2—The disciplinary system Part 3—The administrative system Part 4—Other important matters that relate to Australia's military justice system Acknowledgments |
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| Chapter 2 - Australia's military justice system: an overview | (PDF 215KB) |
| The Structure of the Australian Defence Force The discipline system Offences under the Defence Force Discipline Act Service tribunals Courts Martial Defence Force Magistrates Summary Authorities Reviews and appeals Provision of legal assistance Key military justice appointments and agencies The Office of the Inspector-General of the ADF The Defence Legal Service The Director of Military Prosecutions The Registrar of Military Justice The Judge Advocate General Chief Judge Advocate Judge Advocates Service Police Administrative system Administrative inquiries The Routine Inquiry Investigating Officer Boards of Inquiry Combined Boards of Inquiry General Courts of Inquiry Safeguards and rights The role of civilian authorities Adverse administrative action Internal review mechanisms Redress of Grievance Inspector General ADF External review mechanisms Defence Force Ombudsman Other processes of review Relevant Organisations The Defence Community Organisation Complaints Resolution Agency Policy Documents Defence Force Discipline Act Defence Regulations Administrative Inquiries Manual (ADF Publication 06.1.4) Defence Instructions |
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| Chapter 3 - Disciplinary investigations | (PDF 275KB) |
Reporting and investigation of alleged offences |
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| Chapter 4 - Decisions to initiate prosecutions and the provision of legal services | (PDF 229KB) |
| Decisions to prosecute Flawed decisions to prosecute Findings of previous inquiries An independent Australian Director of Military Prosecutions? The framework Assessment of current operation per TOR (3) Case management and workload Personnel—permanent legal and administrative staff Personnel— the Director of Military Prosecutions Findings and Recommendations Defence Counsel Services The Canadian Director of Defence Counsel Services |
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| Chapter 5 - Disciplinary tribunals | (PDF 371KB) |
| Courts Martial and Defence Force Magistrate Trials Submissions The High Court's decision in "Re Colonel Aird; Ex parte Alpert" Overseas developments Canada United Kingdom United States of America Committee view Tribunals and Appeals – Summary Authorities Findings and recommendations |
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| Chapter 6 - The administrative system—an overview | (PDF 215KB) |
| Avenues for complaint Self initiated resolution or alternative dispute resolution Making a formal complaint The importance of reporting wrongdoing The effectiveness of the current reporting system 3RAR—reporting of wrongdoing School of Infantry, Singleton—reporting of wrongdoing Conclusion |
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| Chapter 7 - The reporting of wrongdoing in the ADF | (PDF 261KB) |
| Reasons for failing to report wrongdoing or failing to make a complaint Conflicts of interest in using chain of command Culture of silence Downplaying or dismissing complaint Threats of reprisals or fear of 'getting into trouble' Lack of awareness of alternative reporting avenues Frustration with administrative complaint handling processes Seeking a transfer or discharge as an alternative to reporting wrongdoing Committee view Whistleblowing scheme Protection from reprisal Confidentiality Committee view Improvements to the ADF's reporting system Conclusion Using complaints as signposts to broader problems |
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| Chapter 8 - The administrative system—investigations | (PDF 380KB) |
| The inquiry process Quick assessment Types of administrative inquiries Routine Inquiry Officer Investigation The importance of a well-conducted investigation The effectiveness and fairness of administrative inquiries Procedural fairness—right to know allegations or adverse comment Communication and provision of information—complainants Confidentiality Conflicts of interest and the independence of the inquiry Competence of the investigating officer Assistance to investigating officers Delays Reprisals for providing evidence Conclusion |
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| Chapter 9 - Administrative inquiries into sudden death | (PDF 203KB) |
| Communication and provision of information—next of kin Conflict of interest—the individual and the institution Competence of inquiries into sudden or accidental deaths and the need for experts The role of the coroner Committee view Procedures following investigation Committee view Inquiries as early detection mechanisms Conclusion |
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| Chapter 10 - Adverse action, appeal processes and external review of administrative procedures | (PDF 220KB) |
| Appeal and review processes Notice to show cause Redress of Grievance (ROG) The effectiveness and fairness of the notice to show cause and the ROG processes Procedural fairness—access to all relevant material and the consideration of all the evidence Conflicts of interest and the independence of the investigators and decision-makers Assistance when preparing a complaint Competence of investigators Delays Recent initiatives and the role of the Complaints Resolution Agency (CRA) |
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| Chapter 11 - The IGADF and the Defence Force Ombudsman | (PDF 351KB) |
| Inspector-General of the Australian Defence Force (IGADF) The independence of the IGADF The accessibility of the IGADF Protection of those making submissions to the IGADF Delays in processing a grievance Early days for the IGADF Reporting obligations Measures taken to improve the competence of investigating officers Other external review mechanisms Defence Force Ombudsman (DFO) Independence of the DFO Constraints on the DFO Courts and Commissions Summary Looking forward Proposed new Australian Defence Force Administrative Review Board (ADFARB) |
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| Chapter 12 - Boards of inquiry | (PDF 286KB) |
| Recent management audit of BOIs Decision to conduct a BOI Committee view The effectiveness and fairness of BOIs Procedural fairness Right to legal representation Preconceived notions about a BOI Communication and the provision of information Conflicts of interest and the independence of the inquiry The competence and conduct of BOIs Access to expert advice Delays Reprisals or interference with witnesses Conclusion Committee view |
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| Chapter 13 - Disciplinary and adverse administrative action | (PDF 194KB) |
| The disciplinary and administrative components of the military justice system Deciding on disciplinary or administrative action Views on the current relationship between the disciplinary and administrative components of the military justice system Committee view Double jeopardy Committee view |
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| Chapter 14 - Australian Defence Force Cadets (ADFC) | (PDF 215KB) |
| The Australian Defence Force Cadets—structure and organisation Cadet Sergeant Eleanore Tibble—a case study Investigation and handling of initial allegation of fraternisation Investigation following the death of CSGT Tibble Procedures for dealing with a minor Acknowledgement of shortcomings and remedies Monitoring of implementation—preventing a recurrence Resources available to the ADFC Future status and administrative arrangements for the ADFC |
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| Chapter 15 - Occupational health, safety and support services | (PDF 162KB) |
| Features of military service that impact adversely upon mental health The reluctance to report health risks or concerns Failure to treat complaints seriously Investigation processes as a complicating factor in mental health Protracted military justice procedures Duty of care Physical safety Mental health Managing mental health reporting and service provision Reporting mental ill-health Providing mental health services Services to families and support to next of kin Conclusion |
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| Appendix 1 - Public submissions | (PDF 115KB) |
| Appendix 2 - Additional information, tabled documents, and answers to questions on notice | (PDF 151KB) |
| Appendix 3 - Public hearings and witnesses | (PDF 117KB) |
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