Stephen Smith (Perth, Australian Labor Party, Deputy Leader of the House) Share this | Hansard source

by leave—HMAS Success is a supply ship used for the supply of fuel, ammunition, food and stores to naval units at sea. In March 2009 Success left Sydney for a deployment to South-East Asia and China. Between March and May 2009, attention was drawn to incidents of unacceptable behaviour. Allegations included: inappropriate conduct towards women; workforce bullying; tribal culture on board the ship; drunken and disreputable behaviour while ashore; a breakdown in discipline; and serious failures of command. These incidents were the subject of an internal Defence inquiry, a Senate estimates examination and a Senate inquiry. In March 2010 the then Chief of the Defence Force commissioned Roger Gyles QC to conduct an independent commission of inquiry into these matters. On 22 February last year I tabled a redacted version of part one of the commission of inquiry report, which made very sorry reading about the failure of personal conduct, the failure of discipline, the failure of authority and the inappropriate culture aboard HMAS Success.

On 7 July last year I tabled a redacted version of part two of the commission of inquiry report, which dealt with Navy administrative inquiries, the management of three landed senior sailors, response to media queries and reporting, the treatment of the legal officer representing the landed senior sailors and Australian Defence Force Investigative Service investigations. Part two identified a number of very significant shortcomings in the management of the three landed senior sailors.

In January of this year I received part three of the commission of inquiry report. Part three deals with military discipline, redress of grievance processes, command decisions and administrative law, equity and diversity and unacceptable behaviour, and inquiry processes. It considers recent influences on the application of military justice and the implications of these for the exercise of command. Part three outlines a range of possible improvements to the conduct of inquiries, the application of military justice and administrative processes within the Australian Defence Force.

The recommendations of part three will be considered in the context of other reforms to the military justice system and the recent review by the Inspector-General of the Australian Defence Force into the management of incidents and complaints in Defence. I will table a redacted version of part three of Mr Gyles’s report. The redactions have been made on the basis of legal advice. As the majority of part three of the report deals with organisational rather than personnel issues, the redactions are minimal.

I have already provided a copy of the full report, unredacted, in confidence, to Senator Stephens, the Chair of the Senate Foreign Affairs, Defence and Trade Legislation Committee; Senator Eggleston, the Chair of the Senate Foreign Affairs, Defence and Trade References Committee; and Senator Johnston, the shadow minister for defence. This satisfies undertakings made to keep the Senate fully informed of these matters.

The completion of part three of Mr Gyles’s report marks the completion of the HMAS Success Commission of Inquiry. The Chief of the Defence Force and the Chief of Navy have accepted the findings and recommendations of parts one and two and are taking action on those recommendations.

The administrative action required to be taken by Navy to hold individuals to account in respect of the shortcomings identified by Mr Gyles in parts one and two is nearing completion.

Adverse administrative action, including termination of service, formal censure, reduction in rank, formal warnings and formal counselling, was considered against 55 individuals and initiated against 18 individuals, who ranged in rank from able seamen through to star ranked officers. Decisions relating to nine of these individuals have been made. Some of these decisions are subject to the redress of grievance process but the outcomes have included formal censure, reduction in rank and formal counselling. In two instances no further action was considered warranted. I am advised that decisions relating to another four individuals will be made in the coming weeks.

The Chief of Navy has apologised to the senior sailors who were landed. Defence has offered compensation to the senior sailors in accordance with the recommendation made by Mr Gyles in part two of his report. This compensation process is ongoing, with Defence's position on compensation currently under consideration by the sailors and their legal representatives.

I table a redacted version of HMAS Success Commission of Inquiry Allegations of Unacceptable Behaviour and the Management Thereof, Part Three: Further Recommendations. I ask leave of the House to move a motion to enable the member for Fadden to speak for five.

Leave granted.

I move:

That so much of the standing and sessional orders be suspended as would prevent the member for Fadden speaking in reply to the ministerial statement for a period not exceeding five minutes.

Question agreed to.

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