Richard Marles (Corio, Australian Labor Party, Minister for Defence) Share this | Link to this | Hansard source

by leave—In 2016, the Inspector-General of the Australian Defence Force commissioned a judicial officer, Major General the Hon. Paul Brereton, to undertake an inquiry into events in Afghanistan. This followed rumours of serious misconduct by members of the Special Operations Task Group in Afghanistan over the period of 2005 to 2016.

Between 12 May 2016 and 29 October 2020, Major General Brereton and his team conducted 510 interviews in Australia and Afghanistan, encompassing approximately 2,500 hours of testimony, which, in turn, are recorded in over 60,000 pages of evidence. These interviews were undertaken on the basis that what was said could not be used in a court of law, which Major General Brereton believed was crucial in encouraging those involved to share what they knew. The inquiry's work was thorough, forensic and remarkable. What resulted was a 3,255-page report, which has come to be known as the Brereton report.

At the outset, I want to place on record the government's thanks for the extraordinary work of Major General Brereton and his team. He has provided the nation with the opportunity to do all that we can to make right a terrible wrong. Australia owes him and his team a debt of gratitude.

The Brereton report concluded that there was credible information of unlawful conduct. The most disturbing of which was the identification of 23 incidents involving 25 Australian special forces personnel. These incidents related to the alleged unlawful killing of 39 people by or involving Australian Defence Force members, as well as the alleged mistreatment of two individuals. The report also concluded there was credible information of a subculture of elitism and deviation from acceptable standards which was normalised over time and into which more junior personnel were inculcated. These were findings of the most serious, disturbing and consequential nature. They warranted the most serious, considered and thorough response.

On 6 November 2020, the Chief of the Defence Force received the Brereton report from the Inspector-General of the Australian Defence Force and announced the findings two weeks later. The CDF acknowledged the allegations of the grave misconduct by some members of the Special Operations Task Group on operations in Afghanistan and apologised to the people of Afghanistan and the people of Australia. The Brereton report made a broad range of findings and 143 recommendations. Defence accepted all of the Brereton report's findings. Since 2020, Defence has addressed the recommendations and implemented a comprehensive plan at a systemic, organisational and cultural level. This has occurred across the tenure of both Labor and coalition governments. The implementation of the Brereton report has essentially been bipartisan, and today I acknowledge the efforts of the former coalition government for its part in giving effect to the Brereton report.

In July 2021, a dedicated team was established within Defence with a mandate to implement the recommendations of the Brereton report, to examine the root causes of the conduct identified and to develop and embed measures within Defence to ensure that reform was both effective and enduring. This team and its work were called the Afghanistan Inquiry Reform Program. The AIRP sought to address the past by taking appropriate action to deal with organisational, collective and individual responsibility for failure and wrongdoing. It also sought to prevent recurrence, by building the best possible defence organisation for the future through comprehensively understanding and addressing the heart of these failures and wrongdoings. It sought to develop the systems, culture and accountability that will ideally prevent departures from required standards in the future but, if departures do occur, to ensure that these are promptly detected and dealt with. The work of the AIRP was reported publicly on the Defence Afghanistan inquiry website on a quarterly basis.

Reforms delivered by the AIRP addressed the critical issues identified in the Brereton report's recommendations. These encompassed leadership development and command arrangements; ethics, character and culture; the law of armed conflict and the protection of civilians; health and wellbeing; reporting and investigations; and information, data and records management. The work of the AIRP and all other aspects of Defence's response to the Brereton report were overseen by the members of the independent Afghanistan Inquiry Implementation Oversight Panel, which reported to me and my predecessors on a quarterly basis. I take this opportunity to thank the members of the oversight panel for their diligence in ensuring the proper implementation of these vital reforms.

Following our election in 2022, the Albanese Labor government committed to the full implementation of the recommendations of the Brereton report. At that time, there were 42 recommendations yet to be completed. In implementing the recommendations, we determined to undertake a thorough and robust process. We were unapologetic in taking the necessary time to ensure that each of the recommendations and each of the processes were fully completed. When the oversight panel needed an additional 12 months to complete its work, the government granted it. Without reservation, we adopted the work of the AIRP as our own and committed to seeing it through.

Two of the outstanding recommendations of the Brereton report related to command accountability of commanders during the relevant period. The last step in closing out these two recommendations was me writing to relevant commanders about my decision in relation to medals awarded to them as part of their service during periods proximate to the incidents which are at the heart of the Brereton report. I have now written these letters. My decisions on this matter are consistent with the findings and recommendations of the Brereton report. In accordance with obligations owed to the individuals involved, including under the Privacy Act, I am prohibited from disclosing the details and outcomes. This is the final step in government action emanating from the Brereton report.

Accordingly, of the 143 recommendations in the Brereton report, 139 of these recommendations are now closed. To address the issues raised in the Brereton report, an office of the special investigator was established to prepare prosecutions that might arise as a result of the findings. The Office of the Special Investigator is independent and sits within the portfolio of the Attorney-General and its work happens at arm's length from the government. The four remaining recommendations remain on hold, pending investigations by the Office of the Special Investigator.

Our government recognised the utmost importance of the work of the AIRP and the oversight panel to the past, present and future of the Australian Defence Force. Delivering the recommendations to the fullest extent possible has been essential to restoring the full faith and confidence of the nation in the Australian Defence Force. The oversight panel has expressed confidence that Defence has now delivered the wideranging and complex reform plan to the level and standard required by the government. Accordingly, today I advise the House that the work of the Afghanistan Inquiry Reform Program has formally concluded and, with this, the government formally closes its response to the Brereton report.

I wish to thank everyone who gave evidence to Major General Brereton's inquiry. In many cases, this involved great moral courage. Bravery comes in different forms. In speaking out, there were acts of bravery which rank in the highest echelon. All that we know and all that has since been done to address the wrongs of the past so that we can truly honour the sacred service of our Defence Force personnel are built upon the evidence which was given—the brave individual decisions to speak the truth. These people, whose names are not heralded, have changed our country for the better. Today we honour them.

I also thank all of those who contributed their time and expertise to the development and implementation of the AIRP. To be clear, the work of the Office of the Special Investigator is ongoing. Any prosecutions which are pursued by the Office of the Special Investigator will take years to complete. Consistent with the approach of past governments and with our government's commitment to respecting the Office of the Special Investigator and its work, I will not make further comment on these investigations. Other work will also continue. In response to recommendations of the Brereton report, Defence has developed a whole-of-government response to compensation. The government will establish the Afghanistan inquiry compensation scheme and regulation, under which compensation claims may be managed by the Afghanistan Inquiry Compensation Advocate. Most significantly, while the former work of the reform program has concluded, the work of the taskforce continues and the work of transforming the culture of Defence is ongoing and enduring. It remains essential.

The allegations which are the subject of the Brereton report are arguably the most serious allegations of Australian war crimes in our history. As the then CDF, General Angus Campbell said:

Such alleged behaviour:

…   …   …

These findings allege the most serious breaches of military conduct and professional values.

The unlawful killing of civilians and prisoners is never acceptable.

This will always be a matter of national shame. At the same time, the Brereton report, its recommendations and the actions of successive governments in implementing these recommendations are a demonstration to the Australian people and to the world that Australia is a country which holds itself accountable. Any prosecutions of Australian war crimes will happen inside Australia by Australian courts. In the history of human conflict, it is worth noting that this accountability is very unusual. Major General Brereton has led a process which has global significance, and this accountability is profoundly important.

Service in our Defence Force has always been and always will be a deeply honourable calling. The nation owes a debt of gratitude to those who have worn and will wear our nation's uniform. For the more than 103,000 Australians who have made the ultimate sacrifice in that service, their names are rightly inscribed on the roll which is accorded our country's greatest honour. That we have held ourselves accountable in this moment allows Australia to continue to cherish this service, past and future. More than 26,000 Australians served in the war in Afghanistan. Bar the actions of a few, they undertook their service with professionalism, with honour and with integrity, and they should be proud of their contribution, and we are proud of them. We acknowledge the 41 Australians who died on operations in Afghanistan, and today and every day we hold their families in our hearts.

We acknowledge those wounded by their service over the course of Australia's longest war and those who have felt it's aftermath. The government also recognises the heavy impact of the Brereton report on our service personnel, veterans and their families. Today's statement may raise issues for former serving ADF personnel and their families affected by the Brereton report. The government has ensured they have access to support from the Departments of Veterans' Affairs and Defence, and this help remains available. Anyone who requires assistance should contact Open Arms on 1800011046.

The Brereton report and its recommendations offered a defining opportunity for Defence and the nation to do right in the face of wrong. While the journey continues, we have met this challenge. Defence is a different organisation to the one that existed at the end of the war in Afghanistan: better positioned to prevent, detect and respond to unlawful, unethical and unacceptable behaviours in the future.

While today marks a significant milestone, the work of reforming the culture of Defence continues. And I want to assure the Australian people that it does so with the absolute commitment of Defence's leadership and this government.

Andrew Hastie (Canning, Liberal Party, Shadow Minister for Defence) Share this | Link to this | Hansard source

The Australian Army is one of our nation's most revered institutions. It has a proud and distinguished history. It is an institution shaped and tempered by the harsh realities of the battlefield. Indeed, the Army has been refined by war over the past century. The crucible of combat has shown that our soldiers are capable of great courage and bravery under fire. It has also shown that we can do great wrong on the battlefield. That is why the Brereton report was initiated by the former coalition government. We had to give account of the alleged wrongs committed by a small minority of Australian soldiers in Afghanistan. The review found credible information that grievous wrong had been committed by some of our troops, and we've since had a public reckoning that has laid bare these troubling allegations for the world to see. The Deputy Prime Minister has covered this ground already, and I don't intend to repeat him.

But today I do want to say that it is important that we learn from this tragic and bitter chapter in our military history, and I'm encouraged by the Chief of Army's latest capstone document, The Australian Army contribution to the National Defence Strategy 2024, released last week. This is a document that will guide the Army out of this valley under his leadership. It says this:

There are certain aspects of war that never change.

War is fought among humans for political ends.

War is brutally violent and uncompromising.

War is unpredictable, and impossible to control.

War is a contest of wills.

Wars end when the human will to fight runs out.

People live on the land, and wars often begin and end on the land.

I'm heartened by this intellectual clarity about war and his focus on Army's core business, for if we neglect the reality of war then we risk treating war like any other public policy endeavour, ignoring the unique moral and ethical challenges it imposes on people.

The document goes on to say:

Our profession is dangerous and demanding. The battlefield is the most physically, intellectually and morally demanding of environments. It challenges humanity to its core. It demands nothing less than the highest professional standards.

It reminds us in this House and in the senior ranks of the Australian Defence Force that we have a special obligation to our soldiers, sailors and aviators when we send them to war—that we not only send them out to battle for the right reasons but that we also have a special obligation to remain no less engaged in the conduct of war once it has commenced. It is violent and uncontrollable, and that means we can't switch off and offer only platitudes in this place. That means we must ask the hard questions, we must have debates and we must adjust policy and strategy as the situation changes. And we must insist on accountability from those in the heat of battle as well as from those directing policy in Canberra. Our soldiers must tell the truth, and those in leadership must seek it out. If both our soldiers and our leaders had done so, we might not be in this place today. But here we are, and it has been a tough reckoning, and this week in particular has been a tough reckoning. The royal commission report has hit us hard, and the formal closure of the Afghanistan inquiry report will also be tough for many people.

The Brereton inquiry was painful, as it unearthed painful truths about some of our conduct in the Afghan war. Reputations, both personal and institutional, have been damaged. The cost of war has been doubled and tripled as we've retraced painful moments. But it was necessary, for we believe in accountability and making things right when we uncover wrongdoing. To that end I'd like to acknowledge Justice Brereton and his team for their work. I'd like to also acknowledge the witnesses who struggled through painful testimony, trauma and fractured friendships to tell the truth. Theirs is a special kind of moral courage, and I want to note that in this House. I'd also like to acknowledge the many families who neither set foot in Afghanistan nor participated in an inquiry interview but carried the emotional and psychological burdens of service and were there to comfort their loved ones. The toll on families has been tremendous, and we must recognise that as we begin our journey out of the valley.

I'd like to say a few things today. The first thing is on command accountability. My one point of disagreement with the Brereton report is on how far it reaches up the chain in assigning responsibility. I believe that our troops were let down by a lack of moral courage that went up the chain of command all the way to Canberra, including in this House. I want to be clear: those who are alleged to have shed innocent blood are alone responsible for that. I do not say this to absolve or condemn anyone, but those in the chain of command who saw the post-mission slide decks with the kill counts and pictures of dead individuals had an obligation to ask questions. From Tarin Kot, Kabul and Kandahar to Dubai and Canberra, those in the chain of command should have asked more questions; some may well have done that. But an earlier intervention by our political and strategic leadership may have avoided much of the pain that people have experienced in Afghanistan and through this lengthy process. My point is that leadership matters, and it starts with a realistic appreciation of the nature of war. I'm glad that the Chief of Army understands this and is leading our troops with this reality in focus.

My second point is on trust. Trust needs to be rebuilt both up and down the chain. It is the foundation of the sacred compact between the Army, the Australian people and our government. It was broken and needs to be restored. The Chief of Army has made this clear. Trust also needs to be rebuilt down the chain. There were many contradictions in Australian policy that our troops had to reconcile on the ground in Afghanistan, often in morally ambiguous and demanding situations—and I say this with direct experience. It was not easy partnering with an Afghan warlord and his personal band of warriors. We did not have aligned values or a moral framework that we shared, but we had to make our policy objectives work as best we could. That had a moral impact on people at the tip of the spear. It was not easy planning combat missions where we had to make choices about whether we took our medic or EODs on the job, because of partner ratios that were imposed upon us by policymakers. It meant that, when we were determining who came on the helicopter, I had to drop off essential people in order to meet the policy objectives from our government. We assumed the operational risk and we made it work, but it is a reminder that war is not clean nor coherent, even though it might look that way in Canberra, from this House or over at Russell.

Again, I want to make clear that none of this context absolves those facing allegations of grievous misconduct. Those allegations will be tested by the Office of the Special Investigator and in our courts. We must restore trust with our fighting men and women by ensuring that we do better the next time we go to war, by staying engaged, by asking the right questions and by adjusting our policy and strategy as required. We owe that to those who are willing to risk their lives defending the nation.

My final point is on readiness. We must now march out of this valley and stand ready for the next challenge. To quote the Chief of Army once more:

We are a fighting force, but we fight only to defend Australia and its interests. We seek no glory in combat. But every soldier trains to be an expert at it. There is no substitute for victory in warfare, and therefore we strive to be able to fracture and defeat the will and cohesion of those who seek to do our nation harm.

That is the mission for Army, and it's crystal clear.

We are living in a dangerous world, as the Deputy Prime Minister has said multiple times. War could come sooner than we imagine. The Middle East and Europe remind us of this harsh reality. That's why we cannot allow this chapter to denude us of our fighting power or morale. We've been accountable for the wrongs that we've done in Afghanistan, as the Deputy Prime Minister has said, and now we must look to the next ridge line.

That's why the opposition leader and I conducted command reform at the Special Air Service Regiment in 2021. The regiment has grown in capabilities and size since 1964. The span of command and assets involved in special operations made it clear that the commanding officer should be a full colonel rather than a lieutenant-colonel, and AUKUS and the surge of strategic assets into Perth has validated this approach. It was also a reform made specifically in the context of the Brereton findings. We wanted to see a more senior officer with greater experience and knowledge commanding the SAS. There is no place for exceptionalism, and broader exposure to the ADF and government will give us more commanding officers aligned with our strategic leadership and perhaps avoiding the cultural failings of the period in question. I want to add that the regiment celebrated its 60th anniversary over the weekend. I was not in attendance, but I have heard good reports, and I have confidence in the current commanding officer and also in the individual who will replace him, as I know the Deputy Prime Minister does.

Finally, I thank all the men and women serving in uniform today. I thank the 26,000 Australians who served in Afghanistan. I particularly honour the veterans who carry the physical and emotional and psychological scars of combat. I acknowledge their families. We look forward to working together on the next challenge, because we must be ready and we cannot fail.

Richard Marles (Corio, Australian Labor Party, Minister for Defence) Share this | Link to this | Hansard source

The shadow minister and I present copies of our statements.

Scott Buchholz (Wright, Liberal Party) Share this | Link to this | Hansard source

I acknowledge the member for Canning's service to our nation and acknowledge all of the members in this House and those outside that serve our nation and that deliver us a magnificent country to live in. We are at our finest when we are united.