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 Investigations Fairness Independence and Impartiality Delays Implementation Protection and Privacy Training Culture

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

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

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

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

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

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

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

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

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

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

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

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

Implementation Rigour Timeliness Reporting COSC CIU Senate

Implementation Achievements Five (5) full recommendations and significant elements of a further three (3) have been completed already. Further recommendations are expected 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.

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

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