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Military Justice System

Military Justice System. Senate Report Government Response Implementation of Enhancements. The Senate Report. Bipartisan Numerous Previous Reviews and Inquiries Common Criticisms Weight of Evidence. Discipline Issues. Investigations Prosecutions Trial Processes. Administrative Issues.

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Military Justice System

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  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?

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