Bob Brown (Tasmania, Australian Greens) Share this | Hansard source

asked the Minister representing the Minister for Defence, upon notice, on 22 November 2011:

In regard to the Facebook page entitled 'Steve Austin' (the webpage) which targeted serving gay and lesbian Defence members and to which current and serving members of the Australian Defence Force (ADF) subscribe or contributed:

(1) Can a list be provided of each rank and the number of persons who hold that rank of the defence members who contributed or subscribed to the webpage.

(2) Were the ranks inferior or superior to that of the members of the ADF targeted by the website.

(3) Of the contributors and/or subscribers to the webpage who were junior in rank to those targeted, was a charge of insubordination pursuant to section 26 of the Defence Force Disciplinary Act 1982 (the Act) contemplated; if not, why not.

(4) What is the difference under the Act between conduct and language that is vilifying of a superior officer and conduct and language that is 'threatening, insubordinate or insulting.

(5) Does vilifying behaviour of an officer constitute insubordination under the Act or any other disciplinary provisions of the ADF.

(6) Does the Act make unlawful language or conduct that is vilifying of a superior officer.

(7) Can a list be provided of the laws, rules or regulations which apply to Defence Members prohibiting vilifying behaviour.

(8) Of the laws, rules or regulations listed above, can an explanation be provided as to why Defence members have not been proceeded against pursuant to those laws, rules or regulations.

(9) What was the name and rank of the officer who decided not to proceed against Defence members who contributed or subscribed to the webpage.

(10) With reference to the Defence Instruction (General) and, in particular, the provisions of the instruction relating to Unacceptable Behaviour and Workplace Bullying, can an explanation be provided as to whether vilifying behaviour is or is not: (a) unacceptable behaviour; (b) bullying; (c) insubordination; (d) insulting; or (e) threatening.

(11) Did the conduct of the webpage and participation on the webpage amount to vilification.

(12) Can a copy of the legal advice provided to the ADF regarding this matter be provided.

(13) Is vilifying behaviour contrary to military discipline and order.