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Monday, 27 November 2000
Page: 22803


Mr PRICE (10:34 PM) —Tonight I wish to make a few remarks about the Defence subcommittee inquiry, which I have found deeply disturbing. It will be 1,000 days in 15 days time since Bronwyn Bishop, as the junior defence minister, was first informed by Mrs Nishimura of the violence in 3RAR. In that time there has been not one ministerial statement of the government's attitude towards violence, bastardisation and victimisation. There has been no comprehensive ministerial statement on the events in 3RAR, much less any directions the ministers may have provided, but I live in hope.

The committee has not at this stage scheduled any further hearings on 3RAR or any of the other incidents that other witnesses have brought before the committee. I have been distressed about the matters that have been stated to me. Let me give you an example. A young soldier in corps training fell foul of an NCO. In the words of his father, a Steyr rifle was rammed into his son's rectum and it was alleged that it was fired. There has been no-one charged over the incident. Furthermore, it is claimed that no further counselling can be provided for the soldier because of a lack of money. This soldier is still being victimised. You will understand that I am most anxious to follow up this matter but cannot do so until the committee holds further hearings.

I note it is reported in an article in the Australian that Major General Abigail at the award ceremony for 3RAR stated that he doubted that inquiries would produce evidence of systemic problems inside 3RAR. I cannot divulge in camera evidence, but I can say that I strongly disagree with those comments. To date the committee has not called all those who have reported injuries consistent with bashings, but then again those witnesses from 3RAR who have appeared before the committee did not report their injuries as bashings. So perhaps the committee should consider subpoenaing all those suspected of being bashed. I note that, in a Canberra Times article of 26 November, Mr Harvey, a former member of 3RAR, claims that violence did occur and NCOs sanctioned it. Another witness, who has approached me and who was a former member of 3RAR, is willing to testify that he left in 1994 because of the culture of violence in 3RAR. This places the violence much earlier than 1996, as asserted by Army. I sincerely believe that the committee has a better understanding about what happened and why after one day's hearing than the ADF Legal Office.

In relation to 3RAR, I want to place on record that I want to know the following information. I stress that this is not a committee view, but rather my own. When will all those who are to be charged be charged? How will the ADF overcome the legal impediments associated with the two failed courts martial? When will those responsible for the culture of violence be charged, or investigated and charged—that is, when will Command be held responsible and accountable? When is it expected that the trials will be completed?

On the day of the public hearing, Admiral Barrie announced two initiatives. One was an audit by a federal judge and the other was the creation of a new post of inspector general. The committee has been provided with no details other that what was announced on the day. These initiatives do not address the systemic failures in 3RAR, as I see them. There appear to be problems with the professional competency and lack of experience of the permanent legal officers of the ADF and the advice they offer. I put aside their relentless campaign to close the inquiry down using the pretext of the sub judice rule. Whatever residual doubts I had about the creation of an independent director of military prosecutions have been well and truly overcome.

Lastly, I believe that the investigative skills of the military police need to be boosted by the use of the Australian Federal Police. I note that in recent times Army is doing just that, and I congratulate them on it. There are other issues of the provision of counselling and compensation for both serving members of the ADF and those who have left the ADF—that is, veterans. These issues need to be addressed.