Military Justice System

1. Military Justice System Senate Report Government Response Implementation of Enhancements

2. The Senate Report • Bipartisan • Numerous Previous Reviews and Inquiries • Common Criticisms • Weight of Evidence

3. Discipline Issues • Investigations • Prosecutions • Trial Processes

4. Administrative Issues • Investigations • Fairness • Independence and Impartiality • Delays • Implementation • Protection and Privacy • Training Culture

5. Basis for Proposed Response • Not Defensive • Taken Seriously • Investigators and Investigation Processes • Selective Acceptance • Principles Based Approach • What Works Now • Timely and Rigorous Implementation

6. Report Recommendations • 40 • Disciplinary Investigations • Prosecutions and Defence Legal Services • Disciplinary Tribunals • Administrative Inquiries • Administrative Reviews of Complaints • Review, Oversight and Reporting of MJS • Administration of ADF Cadets

7. Premise of Recommendations • The prosecution, defence and adjudication functions should be conducted completely independent of Defence

8. Preferred Premise • Ensure the right balance between maintaining effective discipline and protecting individuals and their rights

9. Senate Committee Principles • Impartial, rigorous and fair outcomes • A system that is transparent and accountable for all ADF personnel

10. ADF Preferred Principles • The authority to command • A disciplined force • Impartial, rigorous and fair outcomes • Transparent and accountable for all ADF personnel

11. Disciplinary Investigations • Quality of Service police investigations • Service nexus test • Category one ,two and three offences • ADF Provost Martial • Tri-Service Police Unit • Civilian secondments • IGADF oversight

12. Prosecutions and Defence Legal Services • One star Director of Military Prosecutions • Statutory Appointment • Director Defence Counsel Services • Line Position outside Services

13. Disciplinary Tribunals • Independence and Impartiality • Cumbersome Summary Processes • Chapter III of the Constitution • Security of Tenure • Financial Security • Australian Military Court • Military Judge Advocates • Simplified Summary Processes

14. Administrative Inquiries • Perceived lack of Independence • AAT/ADFARB limitations • CDF Commission of Inquiry • Suicide and deaths in service • Civilian with judicial experience presiding

15. Administrative Review of Complaints • Not independent of chain of command • Potential and real conflicts of interest • ADFARB limitations • Streamline complaint mechanism - CRA • Internal and external review and oversight • Single register • Five and 90 day points

16. Review/Reports and ADF Cadets • Regular Reviews of Health of MJS: • First at end of two year implementation period • ADF Cadets: • Commission an expert to examine whether human rights of minors respected • Amend Regulations on human rights of minors • Provide additional administrative support

17. Implementation • Rigour • Timeliness • Reporting • COSC • CIU • Senate

18. Implementation Achievements • Five (5) full recommendations and significant elements of a further three (3) have been completed already. • Further recommendations areexpected to be completed by mid-this year. • Action in respect of a number of other recommendations is well advanced. • An audit of ADF schools and training establishments has commenced.

19. Audit of ADF Schools and Training Establishments • CDF commissioned • External appointees to review: • Training practices and culture • Instructional methods and processes • Management of substandard performance and behavioural shortcomings • Address underlying criticism of culture

20. Questions?