Marise Payne (NSW, Liberal Party) Share this | Link to this | Hansard source

I present the third progress report of the Senate Standing Committee on Foreign Affairs, Defence and Trade on reforms to Australia’s military justice system.

Ordered that the report be printed.

I seek leave to move a motion in relation to the report.

Leave granted.

I move:

That the Senate take note of the report.

The Senate will be familiar with the engagement of the Senate Standing Committee on Foreign Affairs, Defence and Trade in reviewing the implementation of reforms to Australia’s military justice system. This stems from our initial report on this issue, containing some 40 recommendations, which was presented to the Senate in June 2005. The government tabled its response to that report in October 2005. In all, it accepted, in whole or in part—or in principle, in some cases—30 of the committee’s 40 recommendations. It indicated at the same time that, where those recommendations could not be accepted, alternative solutions would be found to achieve the intent—I believe that was the turn of phrase—of the committee’s recommendations.

The government at the time gave Defence approximately two years to implement those recommendations and enhancements. Defence was to report to the Senate committee twice a year through that implementation period. In April 2006 the committee received from the Chief of the Defence Force the first progress report on the implementation progress. We responded to that both by taking evidence at a committee hearing and by a close consideration of the report. It was clear to us at the time, and gratifyingly so, that the ADF was demonstrating a very clear commitment to improving Australia’s military justice system. We were able to note positive observations of the Defence Force Ombudsman and his role in the area. We were also able to note that we were particularly impressed with the work of the Inspector-General of the ADF and the role that he was carrying out.

We noted in that inaugural progress report that we had remaining concerns about the culture which prevailed in the ADF and its capacity to potentially undermine the success of the reform process. We were very careful to note that we thought a real shift was necessary in attitudes of ADF personnel so that lasting change—not just changes to process and procedure—could be achieved. We are pleased to say that, since that time, we have considered a second progress report, tabled at the end of last year, and that Defence has published a number of major reports which have had a particular impact on and relevance to Australia’s military justice system. They are referred to briefly in this report.

This is our third progress report. In view of the questions taken on notice and the consideration of earlier reports, the committee has decided to table a relatively brief report on this occasion. We did not hold a public hearing in this case. We have noted that it is our view that it is still a little too early to examine and report on progress towards implementing changes as a result of a range of new recommendations, some of which stem from a number of the reports I just referred to. But we have had recent advice from Defence about a number of reviews which will be undertaken in relation to these reforms, and we have noted those for the record in the committee’s report. We have requested from Defence copies of those reviews when they are finalised, and we look forward to receiving them in due course. Of course, the committee is simultaneously engaged in reviewing some of the legislation that pertains to this reform process, and there have been public hearings in recent weeks—last week in relation to the Defence Legislation Amendment Bill 2007.

I want to note a couple of the responses the committee received to written questions on notice which pertained to the 2006 inquiry into the learning culture in ADF schools and training establishments. We were seeking some clarity from Defence around observations made by the inquiry team in relation to the status, if you like, of the learning culture within the ADF. The clarifications provided by Defence helped us in some cases, but in others, I must say, we reiterate our earlier concerns in relation to cultural matters. If issues of culture are not addressed at the learning end of the ADF, then they have an enormous potential to be inculcated throughout the life of those who are starting at that learning point. So we have been very concerned to review these and to examine critically the work of the inquiry team. We found the report of the learning culture inquiry to be very valuable to our considerations. We have said—and it will come as no surprise to Defence—that as a committee, where it is appropriate, we will continue to monitor Defence’s endeavours to change those aspects of its culture that still have the capacity to undermine the major success of the reforms to the military justice system.

We also place on notice in this report that we wish to pursue at a later date the inquiry processes into the very tragic death of Trooper Angus Lawrence. This matter was raised briefly at the public hearing on 26 February and we took evidence about it. Again, the issue concerning the committee was the problem of perceptions of bias which have the capacity to undermine the integrity of the administrative inquiry process. We think it is possible to do more to eliminate those perceptions, and we have made some observations in that regard. I know that there are matters of ongoing concern within ADF as part of this process. We will be interested to see how those matters are progressed.

In conclusion, I want to note a recent report by the Defence Force Ombudsman which relates to the management of complaints about unacceptable behaviour within the ADF. This report was published in June this year. Overall it found:

The information gathered in this investigation supports the view that Defence currently provides an effective complaint-management mechanism that ADF members can readily access. We observed that ADF members consider there have been improvements in the complaint-handling process in recent years and that members have a reasonable level of confidence in the complaints system.

We do welcome these particular findings, and they do strengthen earlier observations of the Defence Force Ombudsman. The ombudsman also made 15 further recommendations, which are intended to enhance the current management system. Given that they are based on suggestions made by members of the ADF—and they relate to areas like record keeping, training, reporting and data collection, the role of inquiry officers and equity advisers and quality assurance—we hope that, given Defence’s agreement to all of those recommendations, progress can be made in those areas. We will further consider the ombudsman’s report in our next review.

At this stage we have identified a couple of other matters contained in that report which we think need to be underlined. They are questions about fear of reprisal; that is, how ADF members feel they will be treated if they lodge a complaint of unacceptable behaviour. I do not hold for a minute that this is confined to the Australian Defence Force but, in an environment of that nature, it is obviously very important to address these concerns. We note that concern, and we note that the ombudsman suggests that Defence may want to conduct additional research in that area. We will be interested to see that progress.

There were also references to deficiencies in record keeping in relation to the management and investigation of complaints about unacceptable behaviour. Record keeping generally, and in relation to this area specifically, has been raised on previous occasions, and we will take these matters up with Defence in due course. There are a number of other issues under consideration by the committee currently. We have not really had the opportunity to canvass those properly at the committee level or specifically with Defence, so it was not considered appropriate in this report to pursue them. We will take those issues up in due course.

I particularly want to thank the Chief of the Defence Force, Air Chief Marshal Angus Houston, for his support in this process and for the particular engagement he has taken on this reform process. I also want to thank Rear Admiral Mark Bonser and his officers for their assistance in the committee’s efforts in this area. And, of course, I thank my secretariat.

Question agreed to.