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

I thank the shadow minister for defence for his remarks. On a separate matter, in respect of which I have given the shadow minister notice, I present a redacted version of the HMAS Success Commission of Inquiry report Allegations of unacceptable behaviour and the management thereof—part two: the management of the allegations and personnel involved.

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, incidents of unacceptable behaviour were brought to attention. 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, I tabled a redacted version of part 1 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.

Last month I received part 2 of the report. Part 2 deals 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 2 identifies a number of very significant shortcomings in the management of the three landed senior sailors. As a result, they suffered an injustice for which Mr Gyles recommends both an apology and compensation. The report also rejects criticisms of bias made of a 2009 Defence inquiry into allegations on board HMAS Success.

I have just tabled a redacted version of part 2 of Mr Gyles's report. The redactions are made on legal advice to prevent the identification of individuals who may be subject to disciplinary procedures. I provided a copy of the full report in confidence to Senator Mark Bishop, the Chair of the Senate Foreign Affairs, Defence and Trade Legislation Committee; Senator Kroger, 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 Chief of the Defence Force and the Chief of Navy have accepted the findings and recommendations and will take action on all of Mr Giles's recommendations contained in part 2 of his inquiry. This includes a properly framed apology to the three landed senior sailors from the Chief of Navy for the failure to accord them proper process and an offer to make a payment of monetary compensation for each of them. It also includes an apology to the authors of the 2009 inquiry from the Chief of the Defence Force and the Chief of Navy. Part 3 of Mr Giles's report will examine in more detail the conduct of administrative inquiries and wider considerations such as the interplay between enforcement of the Defence Force Discipline Act 1982, administrative decisions, redress of grievance and the role of equity and diversity policy. I thank the House.