House debates

Wednesday, 21 October 2009

Constituency Statements

Petition: Military Justice

9:33 am

Photo of Duncan KerrDuncan Kerr (Denison, Australian Labor Party, Parliamentary Secretary for Pacific Island Affairs) Share this | Hansard source

I intend to table a petition for the consideration of the Standing Committee on Petitions which has been put forward by three petitioners who are all senior retired members of the Air Force. The original impetus for this arose out of the effective dismissal of the then commanding officer, senior Air Force officer and honorary ADC in Tasmania, Robert Grey. His grievance has always been a constant denial of simple natural justice in relation to a dismissal to which he was subjected by the then Chief of the Air Force, Air Marshal McCormack, at the asserted request of unnamed Air Force officials and without any prior reference to his commanding officer.

But it raises broader issues which are endorsed in this petition by Air Commodore Garry Bates (Retired) and Air Vice-Marshal Peter Criss (Retired), going to the asserted exemption from the rules of natural justice by the most senior officers of the armed forces when dealing with their subordinates. The petition says that except in actual combat the rules and principles of Australian administrative laws should be adhered to so that discretionary powers are not abused, and it calls on still outstanding grievances to be reported correctly and finalised fairly as the Australian people were led to expect.

This issue has been raised by Wing Commander Grey and me on numerous occasions. The Minister for Defence Science and Personnel has recognised, in Mr Grey’s case, that there were significant errors. As a result of a review conducted by the Inspector-General of the Australian Defence Force, the Chief of the Defence Force wrote to Wing Commander Grey acknowledging the deficiencies and expressing regret for the resultant unfairness. But Mr Grey still has not had closure. He has not had any explanation of why this quite unfair process resulted in his effective dismissal from the role he held and of course the humiliation that it imposed in a public way on him and his family.

It is important that the issues that have been raised in the petition be dealt with substantively so that all complainants of such nature are given an effective means of addressing what would otherwise be a gap in military discipline which I am certain that our government and the people of Australia would not wish to exist. If I might close by tabling the petition for the consideration of the Standing Committee on Petitions and for further action, which I hope will be directed towards the minister for a response. (Time expired)

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