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Thursday, 9 February 2012
Page: 703

Afghanistan: United States Blackhawk Helicopter Crash

(Question No. 655)

Mr Katter asked the Minister for Defence, in writing, on the 12 October 2011:

(1) On what date did the Pentagon release its report into the deaths of Private Tim Aplin, Private Benjamin Chuck and Private Scott Palmer, following a United States Blackhawk helicopter crash in Kandahar Province in Afghanistan on 21 June 2010.

(2) To whom within

(a) his department, and

(b) the Australian Army, did the Pentagon release its report.

(3) On what date did the office of the Chief of Army receive the report, and from whom.

(4) On what date did the

(a) Minister's office receive the report, and from whom, and

(b) Minister receive the report.

(5) Is he able to indicate the reason for the delay in providing to the families of the three dead soldiers, a copy of the Pentagon's report.

Mr Stephen Smith: The answer to the honourable member's question is as follows:

A classified copy of a United States (US) Report into the helicopter crash on 21 June 2010 was available to the Australian Inquiry Officer who conducted the Australian Inquiry into the circumstances of the deaths of Private Tim Aplin, Private Benjamin Chuck and Private Scott Palmer. A copy of this classified US report was included in the evidence supporting the Australian Inquiry, which was completed in late 2010. This US report was provided to the Australian Inquiry Officer during the course of his Inquiry. It was not subject to a formal release process and not authorised for release at that time. Subsequently, the US Report has been provided to the families of Private Aplin, Private Chuck and Private Palmer.

This US report focussed on the cause of the accident in the context of the death of the US soldier who was also killed in the incident. The Australian Inquiry Officer drew from it in preparing his report. Accordingly, in preparing to release the Australian report, both to the families of Private Aplin, Private Chuck and Private Palmer and to the public, Defence needed to ensure that classified US information was not included in the material being released. Staff level liaison with US Defence personnel to ascertain the ability to release the US material included in the Australian report commenced at the beginning of December 2010.

I am advised that in January 2011, the US Army provided an unclassified copy of the US report to the next-of-kin of the US soldier who was killed in the crash. A copy of this unclassified version of the US report was not received by Australian Defence personnel until the beginning of April 2011. At that time, Australian Defence staff in Washington were advised by their US Army counterparts who provided that US report that the US Army considered the briefing of the report to the next-of-kin as public release. A copy of the unclassified US report was received by the Chief of the Defence Force's Commissions of Inquiry Directorate in Australia in mid-April 2011.

The delay in obtaining the unclassified version of the US report is acknowledged. This was the first instance in which Defence has had to conduct a combat death Inquiry in conjunction with another country. There were no established protocols for this.

The US report mentioned above is one of two conducted by the US. The other was focussed on air safety. An Australian Officer attended this second investigation as an observer, and a substantial body of material from that investigation was also provided to Australia. My Office received a copy of the Australian Inquiry Officer's report on 8 August 2011, under cover of a submission seeking my approval for release of the Australian report.

The Chief of the Defence Force has acknowledged that the Australian report should have moved through the Department much more quickly than this.

After appropriate consideration of the advice of the Chief of the Defence Force and the content of the report, I approved disclosure of the Australian Inquiry Officer's report to the families in late September. Given the potential sensitivities involved with release of the Australian report, I also discussed its release with US Defence Secretary Panetta when I met with him in Brussels at the beginning of October 2011.

Following my discussion with Secretary Panetta, an Australian Army representative met with the families of Privates Aplin, Chuck and Palmer on 12 and 13 October 2011 to provide them with a copy of the Australian report. In relation to the US report, a copy of the unclassified US report that is the focus of this Question on Notice was provided to the families of Privates Aplin, Chuck and Palmer by the Australian Defence Force on 20 October 2011. It was appropriate that the Australian Defence Force used the Australian Inquiry report as the basis for informing the Australian families.

So far as the delay in release of the Inquiry report is concerned, the Australian Inquiry Officer report into the Blackhawk crash was managed by a small number of staff who support the Chief of the Defence Force directly on all operational and administrative issues with regard to the deaths of Australian Defence Force members. This Directorate was not staffed with sufficient suitably qualified personnel to manage concurrent inquiries into the 10 Australians killed in action during the period June to August 2011.

The Chief of the Defence Force has effected remedial actions to minimise delays to the release of inquiry reports on combat deaths in the future.

These measures include:

Appointing a high calibre and experienced senior Army lawyer to lead the COI Directorate;

Appointing a non-legal Chief of Staff to provide oversight, prioritisation and monitoring of all matters that are referred to, and processed within, the Directorate;

Assigning additional legal staff resources to the directorate and strictly caveating their duty statements;

Drafting a new CDF Directive and developing a dedicated chapter in the Administrative Inquiries Manual; and

Placing the Directorate under the oversight of the recently appointed Director General Strategic Issues.

While it may provide little comfort to the families, the Chief of the Defence Force has written to the families to apologise for the delay. I have apologised publicly and do so again.