Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for Defence. Earlier today I sought to table in this place the article 15 communication I have lodged with the International Criminal Court regarding the command responsibility of Australian military high commanders for alleged war crimes by Australian forces in Afghanistan. I have done this because successive governments have not supported Australian diggers or my call to admit we have a massive problem with senior command. Does the government now admit we have a problem with high command within the Australian Defence Force?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I was aware, Senator Lambie, and I believe the Deputy Prime Minister and Minister for Defence is also aware, of the matters that you informed the Senate of earlier today, which is that you have filed an article 15 communication to the prosecutor of the International Criminal Court. What I would say is that I'm advised that Australia is taking all appropriate steps to investigate allegations concerning the conduct of members of the ADF in Afghanistan, including by establishing the Office of the Special Investigator, and I think the senator has been briefed about that.

In relation to the Brereton report, it is a hugely significant document and there are very substantial allegations contained within it. The government has been focused, since taking office in May 2022, on ensuring that the recommendations of that report are implemented to the fullest possible extent. That work is ongoing. I am also advised that, as part of that work, the Chief of the Defence Force has considered the command accountability of current and former serving ADF members who held command positions during the periods in which the Inspector-General of the ADF found credible information of incidents of alleged unlawful conduct, as identified in the Afghanistan inquiry. The CDF has presented the relevant material to government for consideration. The Deputy Prime Minister, in his capacity as Minister for Defence, is considering the recommendations and seeking advice as appropriate. I am advised that the Deputy Prime Minister has offered to meet with you to discuss these matters.

The:

Senator Lambie, first supplementary?

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

Australian diggers have been dragged through the wringer for allegations of war crimes for almost a decade now. Recently I heard that the AFP is unable to use evidence supplied by the Inspector-General of the Australia Defence Force in its investigation into Afghanistan. This is an absolutely monumental stuff-up. How can the government have any confidence that due process and natural justice can be achieved now for the men living under the cloud of these allegations more than a decade after the events that are said to have taken place?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

In relation to the assertion regarding the Australian Federal Police, I'll provide the information I have, Senator Lambie, which doesn't entirely accord with the assertion you've made in that question.

I'm advised that the Office of the Special Investigator is working with the Australian Federal Police to investigate relevant allegations. I am advised that the OSI remains focused on conducting its work expeditiously, thoroughly and fairly. Those working on these matters are obviously conscious of the importance of Australia's national interests and—and this is the issue which Senator Lambie is particularly concerned about and rightly so—the potential impact on those affected by investigations. I understand this was traversed at estimates on 23 May 2023, and the OSI's director-general made clear that a number of investigations are ongoing, and, where appropriate, briefs of evidence will be referred to the Commonwealth Director of Public Prosecutions for consideration. (Time expired)

Sue Lines (President) Share this | Link to this | Hansard source

Senator Lambie, second supplementary?

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

In estimates a few weeks ago, the Chief of the Defence Force admitted to marking his own homework when it came to the awarding of his Distinguished Service Cross, an award he received for commanding troops he has abandoned. Unsurprisingly, General Campbell judged himself fit to wear that award. Will the government once and for all remove General Campbell's award, strip him of his medal and finally issue him with a notice to show cause for removal from his command?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I first would say, Senator Lambie, that obviously there are a number of assertions again in that question that the government does not accept. I appreciate that that is the position you've put, including in estimates, to the CDF. I'd make the point that the CDF is seeking to act on the outstanding recommendations of the Brereton report. I'd also make the point that the decision to cancel any award is made by the Governor-General. There's currently a process in relation to that, and I'm not in a position to pre-empt that process. I wasn't at estimates when these questions were being asked, but I do understand that the Chief of the Defence Force responded to a number of the assertions, including those that you make today, about the role he has played.