Notice given 22 November 2011

1473  Senator Bob Brown: To ask the Minister representing the Minister for Defence—In regard to the Facebook page entitled ‘Steve Austin’ (the webpage) which targeted serving gay and lesbian Defence members and to which current and serving members of the Australian Defence Force (ADF) subscribed or contributed:

(1) Can a list be provided of each rank and the number of persons who hold that rank of the defence members who contributed or subscribed to the webpage.

(2) Were the ranks inferior or superior to that of the members of the ADF targeted by the website.

(3) Of the contributors and/or subscribers to the webpage who were junior in rank to those targeted, was a charge of insubordination pursuant to section 26 of the Defence Force Disciplinary Act 1982 (the Act) contemplated; if not, why not.

(4) What is the difference under the Act between conduct and language that is vilifying of a superior officer and conduct and language that is ‘threatening, insubordinate or insulting’.

 (5) Does vilifying behaviour of an officer constitute insubordination under the Act or any other disciplinary provisions of the ADF.

(6) Does the Act make unlawful language or conduct that is vilifying of a superior officer.

(7) Can a list be provided of the laws, rules or regulations which apply to Defence Members prohibiting vilifying behaviour.

(8) Of the laws, rules or regulations listed above, can an explanation be provided as to why Defence members have not been proceeded against pursuant to those laws, rules or regulations.

(9) What was the name and rank of the officer who decided not to proceed against Defence members who contributed or subscribed to the webpage.

(10) With reference to the Defence Instruction (General) and, in particular, the provisions of the instruction relating to Unacceptable Behaviour and Workplace Bullying, can an explanation be provided as to whether vilifying behaviour is or is not:

(a) unacceptable behaviour;

(b) bullying;

(c) insubordination;

(d) insulting; or

(e) threatening.

(11) Did the conduct of the webpage and participation on the webpage amount to vilification.

(12) Can a copy of the legal advice provided to the ADF regarding this matter be provided.

(13) Is vilifying behaviour contrary to military discipline and order.

1474  Senator Bob Brown: To ask the Minister representing the Minister for Defence—In regard to the Facebook page entitled ‘Steve Austin’ (the webpage) which targeted serving gay and lesbian Defence members and to which current and serving members of the Australian Defence Force (ADF) subscribed or contributed:

(1) On what date were all persons targeted and named on this webpage advised of this fact by the ADF.

(2) Has the Minister been briefed on the anti-Semitic and Nazi linkages connected with the webpage.

(3) Are persons who were targeted by the webpage required to continue working with Defence members who subscribed or contributed to the webpage. 

(4) Has the ADF warned its members to ‘check their privacy settings’ when joining webpages that might be regarded as hate and vilification sites.

(5) Is there a list of words and expressions that are vilifying, insulting, racist, sexist or homophobic that are explicitly prohibited from being used by Defence members.

1475  Senator Bob Brown: To ask the Minister representing the Minister for Defence—I refer to the Facebook page entitled ‘Steve Austin’ (the webpage) which targeted serving gay and lesbian Defence members and to which current and serving members of the Australian Defence Force (ADF) subscribed or contributed:

(1) Of those serving Defence members who chose to join this webpage and /or contribute to its content, how many have been subject to any discipline.

 (2) If Defence members were subject to discipline, what form did this take and when did it occur.

(3) Have any Defence members who chose to subscribe to the webpage or contribute to its content, been issued with a Notice to Show Cause as to why they should continue to serve in the military; if not, why not.

(4) When did officials within the ADF become aware of this webpage.

(5) On what date did military officials take action against the webpage and its subscribers and what form did this action take.

(6) On what date was a formal complaint lodged against this webpage.

(7) When was the first interview of a Defence member conducted.

(8) Of the Defence members who contributed or participated on the webpage, how many were interviewed and how many provided:

(a) written responses;

(b) verbal responses; or

(c) written and verbal responses.

1476  Senator Bob Brown: To ask the Minister representing the Minister for Defence—In regard to the Facebook page entitled ‘Steve Austin’ (the webpage) which targeted serving gay and lesbian Defence members and to which current and serving members of the Australian Defence Force (ADF) subscribed or contributed:

(1) When did members of the ADF become aware of this webpage by choosing to subscribe to it or by contributing to its content.

(2) How many serving members of the ADF specifically took action to subscribe to this webpage or to contribute to its content.

(3) Is there a mandatory reporting requirement for abusive or vilifying conduct in the ADF; if so, how many Defence members who were aware of this webpage and/or contributed to it informed the authorities about the abuse and vilification it contained and advocated.

(4) What instrument creates a mandatory requirement to report abusive or vilifying conduct.

(5) If none of the Defence members who subscribed to this webpage and/or contributed to its content reported the webpage to military authorities, what action has the ADF subsequently taken to reprimand or penalise such Defence members for their inaction in reporting this abuse.