Senate debates

Tuesday, 16 June 2020

Questions without Notice

Defence Personnel

2:33 pm

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Hansard source

My question is to the Minister for Defence. On 19 March 2020 the minister confirmed that at least one incident of alleged war crimes in Afghanistan has been referred to the AFP. The Inspector-General of the ADF confirmed in his annual report that Justice Brereton is investigating 55 separate incidents, many of which may also lead to referral to the AFP. In the interim, families of affected current and former ADF members have told me they are being provided with internal ADF legal support through Defence Counsel Services for the IGADF inquiry, but what terrifies them is the uncertainty surrounding funding to pay for expensive criminal trials flowing from that inquiry. If provided, this funding would be made pursuant to a policy known as 'legal assistance at Commonwealth expense', which is discretionary. Members have no certainty that they will get the legal representation that they need for a fair trial. Is the minister aware that, because of this uncertainty, many of those under investigation are now contemplating mortgaging their family homes or commencing public GoFundMe pages to fund their criminal defence teams?

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