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

My question is to the Minister representing the Minister for Defence, Senator Wong. There is ongoing anger and resentment among former and current serving members of the Australian Defence Force because senior command has failed to take responsibility for policies or decisions leading to the alleged war crimes in Afghanistan. The Taliban's takeover of Afghanistan has created practical difficulties for investigators, yet the government continues to pursue alleged war crimes at the expense of current and former members of our ADF. These matters have been handled as though the accusations have already been proven true. A presumption of guilt prevails, not innocence, due to the way this has been handled by generals and by the government. When will the government collectively accept responsibility and accountability for what went wrong in Afghanistan?

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

I thank Senator Lambie for her question. She has been consistent and persistent in her advocacy for defence personnel and the veterans community on many issues, including this one. By way of background, the Afghanistan inquiry was initiated in 2016 to determine whether there was any substance to rumours and allegations relating to breaches of the Law of Armed Conflict by Special Operations Task Force over the period 2005 to 2016. The matter was dealt with through the IGADF and is also being dealt with through the Office of the Special Investigator, and I'm advised that the next court mention for the first charge brought by that office is scheduled for 2 July 2024.

I'm also advised that the defence department has implemented the required actions to close 139 of the 143 inquiry recommendations and that the Office of the Special Investigator is continuing its work. In relation to the IGADF—and I don't know if the senator wants me to go to this, but I know she has raised this also publicly, including today—I know that the senator has sought an audit of the efficiency and effectiveness of the Inspector-General of the Australian Defence Force. I'm advised, as the senator is aware, that there was a review initiated of the IGADF, conducted by former justice Duncan Kerr, and the matter is currently before the government. (Time expired)

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

Senator Lambie, a first supplementary?

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

To date, how much taxpayers' money has been spent from the start of this to where we are today?

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

I don't have the detail of that. But, in order to get advice on that, can I clarify that you mean from the commencement of the inquiry or are you suggesting in relation to the Office of the Special Investigator? Perhaps you could clarify that. I don't have those full details in front of me, but I'm very happy to ask the defence minister's office to provide you with an answer to that.

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

Senator Lambie, a second supplementary?

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

The Chief of the Australian Defence Force, Angus Campbell, provided advice to the minister last year about the issue of command accountability, including the possibility for senior commanders to be stripped of honours and awards. However, the government is dragging its feet and refusing to take action to restore integrity and trust in the Australian Defence Force. In the last 12 months, how many letters has the department received from current and former members of the Australian Defence Force demanding to revoke Chief of the Defence Force Angus Campbell's Distinguished Service Cross?

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

There are two aspects to your question. The first is in relation to command accountability. It is the case that commanders can be held criminally responsible for being directly or indirectly or knowingly concerned in or party to the commission of a war crime. This would be a matter for the Office of the Special Investigator. Command accountability action may be considered where it is found that a commander is morally responsible for the actions of their subordinates, regardless of their involvement in the specific acts.

With respect to the Afghanistan inquiry, the Inspector-General found the alleged criminal behaviour was conceived, committed, continued and concealed at the patrol commander level. Above that level, the inquiry found commanders were not recklessly indifferent to whether their subordinates were allegedly committing war crimes and did not fail to take reasonable steps to discover the behaviour, although the inquiry does find that commanders bear moral responsibility and accountability. In relation to the second part of your question, I do think that's been canvassed in estimates. As you know, the decision to grant an honour can be referred to the tribunal. (Time expired)