Senator BOURNE —My question is to Senator Newman, the Minister representing the Minister for Defence. Is it the case that the defence minister has refused to seek independent intervention of the Defence Force Ombudsman in any inquiry into the administration of the Black Hawk board of inquiry despite serious questions having been raised over the inquiry's outcome? Is it also the case that the minister has ordered an independent investigation into the conduct of a RAAF board of inquiry and has ordered the ADF to cooperate with the Commonwealth Ombudsman, who is also the Defence Force Ombudsman, in drawing up terms of reference for that investigation? Why is the minister taking an inconsistent position in respect of these inquiries? Finally, especially as the outcome of the Black Hawk inquiry involves the future of three junior officers so closely, does the minister agree that justice must be seen to be done?

Senator NEWMAN —I do have some answers here which may go some of the way towards answering the senator's question, but I suspect that they will not be sufficient in the detail for which she has asked. In relation to the status of the disciplinary action, as provided in the answer from the Minister for Defence, the report of the board of inquiry and the evidence before it was separate from the disciplinary processes which followed.

The board of inquiry recommended disciplinary action but, as it had no relevant authority, it did not and could not initiate action. Because disciplinary action was recommended, a separate investigation to gather evidence took place. As a result of that disciplinary investigation, the land commander directed that charges be preferred.

The convening authority, the support commander, army, will now decide whether there should be courts martial or other disciplinary proceedings and, if so, when and where they will be held. That process may take some time. It should be understood that the judicial process must be allowed to run its course and that any comment by me or by the minister could be prejudicial to that.

In terms of the relationship with the other inquiry, I understand that Minister McLachlan informed the House of Representatives that he had asked the VCDF, Admiral Barrie, to investigate the circumstances under which information was provided. Sorry—

Senator Cook —Can't you read it?

Senator NEWMAN —I have more than one, haven't I? I cannot read two at once.

A board of inquiry was appointed on 24 October 1995 to investigate allegations of harassment, inappropriate behaviour and assault at RAAF's No. 92 wing detachment in Butterworth, Malaysia. The board has yet to present its report. In July 1997, on becoming aware of complaints to the Defence Force Ombudsman about the board's investigation, the minister asked the VCDF to work with the Chief of the Air Staff and the Defence Force Ombudsman to appoint an investigator as soon as possible and to take steps to ensure the investigation is conducted with complete independence.

Investigation into the board will be conducted as soon as possible after the board has finished its report which, it is understood, will happen shortly. Given the sensitive nature of the allegations and the privacy issues involved, once again it would be improper to comment further on the matter. That is the most I can give you today, Senator, but we will look at the detail of your question and follow it up if it needs further answer.