Mr HAWKER (12:37 PM) —In joining this tabling statement by the Joint Standing Committee on Foreign Affairs, Defence and Trade with its report entitled Military justice procedures in the Australian Defence Force , I too would like to say a few brief words in the short time available. The principal recommendations of the report will serve to improve the independence, impartiality, fairness and overall operation of the system. In addition, the changes proposed by the committee will address the perceived view of independence, impartiality and fairness in the system of military justice employed within the Australian Defence Force.

In arriving at this report, the committee considered, inter alia, two fundamental issues that underpin the framework of the military justice system: firstly, the requirement for military justice as a system additional to and quite distinct from the justice system that pertains to all citizens of Australia; and, secondly, who should be responsible for the enforcement of military justice. Throughout its deliberations, the committee was cognisant of the Australian Defence Force's unique requirements for the administration of justice commensurate with its role in the defence of the nation and, moreover, that the operation of the military justice system should not impede the workings of the Australian Defence Force. In short, the system of military justice must function effectively across the whole spectrum of conflict in which the Australian Defence Force can be expected to operate.

With regard to the conduct of the military justice system, the committee concluded that the current arrangements for conduct of internal inquiries meet the need of the Australian Defence Force for a rapid review of potential hazards. Moreover, the committee accepted that the factors militating against the use of an external authority to conduct a military inquiry are sufficient to justify the retention of the current practice for matters not involving the loss of life. However, in cases involving the accidental death of an ADF member, the committee was of the view that the need to demonstrate the independence of the inquiry outweighs concerns about the conduct of the inquiry by an external authority. The committee has therefore recommended that the convening of a general court of inquiry be mandatory for all inquiries into matters involving the accidental death of an Australian Defence Force member during an Australian Defence Force activity. This action will serve to remove the ADF from the investigative process and negate any issues of independence or conflict of interest.

On the issue of military discipline, the committee agreed that during deployments and on operations the ADF must have access to a discipline system that can be applied expeditiously and in such a way that service discipline is maintained, operations are not impeded and command authority is supported. Moreover, the standard of military discipline should not vary, regardless of whether it is applied in peace or in a time of conflict. The committee concluded that the current system of military discipline, coupled with the Australian Defence Force's acceptance of most of the Abadee recommendations, provides for an independent and impartial framework. With these changes incorporated, the committee saw no compelling argument to amend the present arrangement and supported the continuation of the present system with minor amendment.

With regard to administrative action, the committee accepted that where behaviour, actions or performance falls short of the high standards of professionalism required by the Australian Defence Force, a commander needs the wherewithal to take action to prevent recurrence. The committee acknowledged that the Defence Force Discipline Act was framed to deal with breaches of discipline and that administrative action provides a suitable avenue for a commander to deal with matters of professional failure. Moreover, the formality of the system allows certain safeguards to ensure that the procedural fairness provisions of administrative law are met.

The recommendations of the Joint Standing Committee on Foreign Affairs, Defence and Trade's report on military justice procedures in the Australian Defence Force will serve to improve the independence, impartiality, fairness and overall operation of the system. Moreover, they will do so without impeding the workings of the Australian Defence Force, allowing the military justice system to function effectively across the whole spectrum of conflict in which the Australian Defence Force can be expected to operate. I would like to especially mention the contributions of Joanne Towner and particularly Michael Ward to this report. (Time expired)