Terms of reference

Effectiveness of Australia's military justice system

Terms of reference

(1) The following matters be referred to the Foreign Affairs, Defence and Trade References Committee for inquiry and report:

(a)   the effectiveness of the Australian military justice system in providing impartial, rigorous and fair outcomes, and mechanisms to improve the transparency and public accountability of military justice procedures; and

(b)   the handling by the Australian Defence Force (ADF) of:

(i)  inquiries into the reasons for peacetime deaths in the ADF (whether occurring by suicide or accident), including the quality of investigations, the process for their instigation, and implementation of findings,

(ii)  allegations that ADF personnel, cadets, trainees, civilian employees or former   personnel have been mistreated,

(iii)  inquiries into whether administrative action or disciplinary action should be taken against any member of the ADF, and

(iv)  allegations of drug abuse by ADF members.

(2) Without limiting the scope of its inquiry, the committee shall consider the process and handling of the following investigations by the ADF into:

(a)   the death of Private Jeremy Williams;

(b)   the reasons for the fatal fire on the HMAS Westralia;

(c)   the suspension of Cadet Sergeant Eleanore Tibble;

(d)   allegations about misconduct by members of the Special Air Service in East Timor; and

(e)   the disappearance at sea of Acting Leading Seaman Gurr in 2002.

(3)   The Committee shall also examine the impact of Government initiatives to improve the military justice system, including the Inspector General of the ADF and the proposed office of Director of Military Prosecutions.

Extension of time to Report

No. 20, TUESDAY, 15 MARCH 20


Senator George Campbell, at the request of the Chair of the Foreign Affairs, Defence and Trade References Committee (Senator Hutchins) and pursuant to notice of motion not objected to as a formal motion, moved general business notice of motion no. 94—That the time for the presentation of the report of the Foreign Affairs, Defence and Trade References Committee on the effectiveness of the Australian military justice system be extended to 10 May 2005.

Question put and passed.

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