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Military Justice System Senate Report Government Response Implementation of Enhancements
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The Senate Report Bipartisan Numerous Previous Reviews and Inquiries Common Criticisms Weight of Evidence
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Discipline Issues Investigations Prosecutions Trial Processes
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Administrative Issues Investigations Fairness Independence and Impartiality Delays Implementation Protection and Privacy Training Culture
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Basis for Proposed Response Not Defensive Taken Seriously Investigators and Investigation Processes Selective Acceptance Principles Based Approach What Works Now Timely and Rigorous Implementation
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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
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Premise of Recommendations The prosecution, defence and adjudication functions should be conducted completely independent of Defence
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Preferred Premise Ensure the right balance between maintaining effective discipline and protecting individuals and their rights
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Senate Committee Principles Impartial, rigorous and fair outcomes A system that is transparent and accountable for all ADF personnel
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ADF Preferred Principles The authority to command A disciplined force Impartial, rigorous and fair outcomes Transparent and accountable for all ADF personnel
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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
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Prosecutions and Defence Legal Services One star Director of Military Prosecutions Statutory Appointment Director Defence Counsel Services Line Position outside Services
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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
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Administrative Inquiries Perceived lack of Independence AAT/ADFARB limitations CDF Commission of Inquiry Suicide and deaths in service Civilian with judicial experience presiding
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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
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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
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Implementation Rigour Timeliness Reporting COSC CIU Senate
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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.
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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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