Sandy Macdonald (NSW, National Party, Parliamentary Secretary to the Minister for Defence) Share this | Hansard source

I will take the opportunity to make some comments on the military justice report implications. The government has accepted 30 of the 40 recommendations in whole, in part or in principle and advised alternative solutions to meet the outcomes of other recommendations. It took the recommendations of the Senate committee inquiry very seriously. As I say, it has advised alternative solutions to meet the outcomes of other recommendations, particularly concerning the referral of offences to civil authorities, the legislative basis of a permanent military court and the establishment of an Australian Defence Force administrative board.

Significant achievements have been made in the first 11 months of the two-year implementation period in reforming the military justice system to deliver impartial, rigorous and fair outcomes through enhanced oversight, greater transparency and improved timeliness. More than a quarter of the 40 recommendations from the Senate committee’s report have already been completed. A number of other recommendations are close to completion or underway, and overall implementation is on track.

These enhancements include the establishment of a number of statutory positions to further increase the impartiality of the prosecutorial trial and inquiry process, the establishment of the position of Director of Defence Counsel Services to improve the availability to ADF personnel of defence counsel services and the clearing of the backlog of the redress of grievance cases—there is no longer a backlog of cases, which caused undue pressure on the completion of the resolution system. The enhancements include the establishment of the Defence Fairness and Resolution Branch as the central management body outside of normal line management for managing all complaints and grievances. This was a central element in our approach to streamlining the management process in order to improve the timeliness and rigour in dealing with complaints and redress of grievance cases. The enhancements also include a review of the Defence Whistleblower Scheme, which indicated that the scheme accords with the Australia-New Zealand standard and was operating satisfactorily. Operation of the scheme is reported annually in the Defence annual report.

There has been an incorporation of amendments to the Defence (Inquiry) Regulations to provide for legal representation of affected persons at boards of inquiry, such that all persons appearing before an inquiry are treated fairly. There has been an incorporation of amendments to the Administrative Inquiries Manual with respect to the conduct of inquiries, completing five recommendations therein.

There has been an engagement of a child human rights expert to examine whether the human rights of children are being respected. There has been the provision of resources to the ADF Cadets to improve the rigour of cadet administration—and, as parliamentary secretary with responsibility for cadet policy, I am delighted with that initiative.

There has been the appointment of the initial Provost Marshal ADF, Colonel Tim Grutzner AM, a first step in addressing the ADF’s investigative capability. There has been an incorporation of amendments to Defence (Inquiry) Regulations to provide for an annual report on the operation of the regulations. Additionally, six-monthly reports in April and in October to the Senate committee on the progress of the reforms throughout the two-year implementation period are being submitted—and this is what we are talking about in this interim administration report—as are reports on the state of health of the military justice system. That has been included in the 2005-06 Defence annual report and will be an ongoing element of the report. There have been a number of further recommendations. They are expected to be completed or significantly progressed by the end of this year.

The secretary and the CDF, together with the service chiefs, are committed to a fair and just military workplace, as is the government. They will personally drive the required changes and are reviewing progress on a monthly basis. Progress is also being reported six-monthly to the Senate Standing Committee on Foreign Affairs, Defence and Trade, and this is what this report is about. An initial report of progress was provided to the Senate committee in April, and a second report was provided in late October.

At the committee’s first public hearing on the progress in June, the Defence Force Ombudsman, Professor McMillan, noted a marked improvement in Defence’s overall handling of complaints and investigations, particularly in improving the timeliness in dealing with cases. Professor McMillan cited clearing the backlog of redress of grievance cases as a positive example of the determination of Defence’s senior leadership to improve the military justice system. Initial funding to implement the reforms has been agreed to by Defence and made available from current allocations.

The government takes the recommendations of the Senate Standing Committee on Foreign Affairs, Defence and Trade particularly seriously. The committee can take great pleasure from the fact that it has been instrumental in driving a change which was needed in this area. A focus on military justice was essential in terms of the provision of an appropriate workplace for and career management of Australian Defence Force personnel. The report to the Senate committee on the ongoing management of the military justice changes is something that is very much in the interests of good government.

Debate (on motion by Senator McEwen) adjourned.