Terms of reference of the DLA Piper Review
Terms of Reference
On 11 April 2011, the Minister for Defence announced that an
external law firm would be engaged by the Secretary of Defence to review the
allegations of sexual or other forms of abuse that have been drawn to the
attention of the Minister's office, as well as to the Department of Defence and
the media since the recent Australian Defence Force Academy (ADFA) incident.
The Review will consider all relevant allegations, whether
referred from the Minister's Office, raised in the media or coming directly to
the Review which have been or are made in the period 01 April -17 June 2011.
The Review will be conducted in two phases.
Phase 1 will review all allegations of sexual or other abuse
and any related matters to make an initial assessment of whether the matters
alleged have been appropriately managed and to recommend further action to the
Phase 1 will also report on whether Phase 1 has identified
any particular systemic issues that will require further investigation in Phase
DLA Piper has been engaged by the Secretary of Defence to
conduct Phase 1 of the Review.
Phase 2 is expected to provide oversight of Defence’s
implementation of recommendations of Phase 1.
Phase 2 will also review Defence's processes for assessing,
investigating and responding to allegations of sexual or other forms of abuse
to consider with any systemic issues identified in Phase 1 and any other
systemic issues and to make appropriate recommendations about all systemic
issues that have been identified.
Allegations made within Defence between 01 April 2011 and 17
June 2011 regarding sexual or other forms of abuse, will continue to be dealt
with in accordance with standing Defence procedures in parallel with the
The Review will attempt to address late submissions in its
Report although depending on when they are received, it may not be able to
address all late submissions. The Report will, however, include recommendations
about what steps should be taken in relation to those late
Allegations received after Friday, 17 June 2011 will be
dealt with in accordance with current Defence procedures or such new procedures
as may be introduced following the review.
Phase 1 Terms of Reference
1. The review is only concerned with alleged abuse perpetrated by Defence
personnel in connection with their workplace or in the conduct of their duties.
2. The review team will assess all allegations raised, or otherwise under
consideration, in the period Friday, 01 April 2011 to Friday, 17 June 2011 of
sexual or other forms of abuse (such as bullying, harassment or intimidation)
or related matters.
3. The review is not concerned with matters raised directly with the
Inspector-General Australian Defence Force (IGADF) which fall within the IGADF's
4. The review team will make an initial assessment of each allegation.
5. For each allegation, the review team will:
the Ministers and Defence as to whether the alleged incident appears to have
received proper consideration and appropriate action has been taken, or is
being taken, by Defence; and
recommendations to the Minister and Defence on further action to be taken.
6. Any matter referred to the Review that is considered by the Review Team
to be out of scope of this review will be identified to the Minister with the
basis of the Review Team's assessment that it is out of scope so that the
Minister may consider what if any further action should be taken.
7. Where the Review considers that further investigation is necessary, the
team will make recommendations as to the appropriate mechanisms for such
8. Where requested, the review team will offer anonymity and/or
confidentiality subject to the provisos that the Review may have to reveal the
identity of an informant or other information:
required by law to do so; and/or
prevent threat of injury or abuse of others.
9. The Attorney-General's Department and the Ombudsman's Office will assist
Defence with governance and will undertake 'quality assurance' of the process.
10. In the event that DLA Phillips Fox or Professor Pearce has had any
previous involvement in any matters referred for review, those matters will be
referred to the Ombudsman's Office.
11. The Review team is to refer any matters requiring urgent referral to
police to the ADF Investigative Service (ADFIS). ADFIS is to keep the Review
team informed of steps taken in relation to those matters.
12. The Review team will provide fortnightly interim reports to Defence and
the Minister on its assessment of allegations and other relevant issues for the
duration of Phase 1.
13. The Review team may need to access and review records held by Defence as
part of Phase 1.
14. This review will continue until all matters raised in the period have
been assessed. The report on Phase 1 is expected to be provided to the Minister
before the end of August 2011.
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