.Commonwealth Ombudsman protects atrocious conduct in the defence forces.
So who has been protecting atrocious conduct in the defence force?
Clearly it is the Shonkey Commonwealth Ombudsman.
Smith launches abuse taskforce
A judicial inquiry will investigate allegations of sexual and other abuse in the ADF, reports defence editor Brendan Nicholson.
Len Roberts-Smith, centre, who will head up the judicial inquiry into allegations of sexual and other abuses in the Australian Defence Force, with Defence Minister Stephen Smith and Sex Discrimination Commissioner Elizabeth Broderick. Picture: Gary Ramage Source: The Australian
Defence Minister Stephen Smith announces there will be an official apology to victims and a judicial inquiry into allegations of sexual and other abuse in the Australian Defence Force. Picture: Gary Ramage Source: The Australian
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DEFENCE Minister Stephen Smith has apologised to victims of sexual and other abuse in the Australian Defence Force and as part of new measures that include a judicial inquiry.
Mr Smith made the apology to the House of Representatives today.''To those men and women in the Australian Defence Force or the Department of Defence who have suffered sexual or other forms of abuse, on behalf of the government I say sorry,'' he told parliament.
''You should never have experienced this abuse.''
The ADF had demonstrated the highest standards of professionalism in peace and in wartime, Mr Smith said.
''But, terribly and sadly, the experience of some members of the Australian Defence Force over the years has not always reflected these high standards,'' he said.
''Not all members of the Australian Defence Force have been treated with the necessary respect required to meet both common decency and these high standards.''
''(They) have endured sexual, physical or mental abuse from their colleagues which are not acceptable and do not reflect the values of a modern, diverse (and) tolerant Australian society,'' Mr Smith said.
The minister also acknowledged the ''shameful'' Skype sex scandal at ADFA where a video of a female cadet having consensual sex with a male cadet was streamed on the internet without her knowledge.
Defence force chief General David Hurley has also said sorry to all who experienced sexual, physical or mental abuse while serving in the Australian Defence Force.
General Hurley said defence service was tough and demanding and defence members must be able to pursue their aspirations in an environment free from physical, mental and sexual abuse.
He said the nature and range of abuses outlined in the review conducted by law firm DLA Piper showed defence hadn't always provided such an environment.
"The number, nature, and range of allegations demonstrates that some members of the ADF have failed to understand the responsibility that rank imposes, that rank is a privilege and not a licence for domineering, belittling or predatory behaviour," General Hurley said in a statement.
"Some have failed to accept that diversity, diversity of age, gender, race, culture and experience is a strength in the ADF that needs to be built upon and not torn down."
General Hurley said the ADF had begun addressing the causes of this abuse.
"But I, as the head of the ADF, recognise the suffering that some have experienced," he said.
"On behalf of the ADF, I say that I am sorry to those who have suffered sexual, physical or mental abuse while serving in the ADF."
General Hurley said defence would provide the appropriate resources and personnel to support the new task force examining incidents of abuse, announced by the government on Monday.
"Defence remains committed to achieving deep cultural reform across the organisation," he said.
Earlier Mr Smith announced the judicial probe would be headed up by former judge Len Roberts-Smith QC, the father of Victoria Cross recipient Ben Roberts-Smith.
The inquiry is in response to the report by law firm DLA Piper on abuse in the ADF.
Some of the most serious allegations of abuse include the claims of 24 rapes that allegedly occurred at the Australian Defence Force Academy in the 1990s, and which might have been covered up or not properly investigated.
The earliest case relates to the abuse of a 13-year-old boy in 1951, while the most recent relates to events in 2011.
Mr Smith left open the possibility of a royal commission into the claims of rapes, known as the ADFA 24, and the HMAS Leeuwin matter.
Some of the perpetrators of the rapes may still be current serving members, Mr Smith said today.
Mr Roberts-Smith said it was important for the review to start out as a judicial inquiry in order to ensure confidentiality of those victims who presented to the inquiry.
Mr Smith said the probe may also help flush out current serving perpetrators.
He said the judicial review would have the power to make compensation payments to victims of up to $50,000. It would also have the power to ensure "restorative justice" was done through apologies or consultation with victims and perpetrators of abuse.
Allegations of abuse could be referred by the inquiry to police, the military justice system or other defence processes as warranted.
Mr Smith said the cost of the judicial inquiry and any compensation payments, which could total up to $37.5 million if all the more than 700 cases of abuse received the maximum payout, would be borne entirely by the existing Defence allocation.
"In the end there is a price to pay," Mr Smith said.
"And that will be part of the price that Defence needs to pay."
Mr Roberts-Smith said there would be a "relatively low threshold" for the compensation payments.
"And the key principle underlying that is that compensation should be payable in recognition of the fact that sexual abuse is wrong and comprehensible," he said.
The former judge of the West Australia Supreme Court and Court of Appeal said there was a "huge amount of work to be done" but was confident his inquiry could secure good outcomes for victims.
"Our focus will be in relation to individual cases to ensure they are appropriately dealt with," Mr Roberts-Smith said.
Australian Defence Force measures to be undertaken into allegations of sexual and other abuses include:
- Parliamentary apology to victims by Defence Minister Stephen Smith at midday (AEDT) on Monday
- Victims to have access to a capped compensation scheme with individual grants of up to $50,000
- Establishment of a taskforce, to be headed by former Western Australian Supreme Court judge Len Roberts-Smith, to assess the individual complaints and any wider systemic issues
- The taskforce will oversee a restorative justice/conciliation processes where a victim and alleged perpetrator are brought together
- The taskforce will have the power to refer appropriate matters to police for formal criminal investigation and assessment for prosecution
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