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Posted: 2024-09-18 01:02:14

A major review into the nation's military justice watchdog has accidentally been made public, after the federal government sat on the report for six months.

The final report into the Office of the Inspector-General of the Australian Defence Force (IGADF) recommends making the agency more independent, in order to combat a perception within the defence community that it is "umbilically linked" to the ADF's command structure and hamstrung in investigating misconduct.

It comes just over a week after the final report of the defence and veterans royal commission found the military justice system could be weaponised against ADF personnel.

"In times of conflict the lives of those who serve in the ADF can be put in hazard in the interests of their community," review author and former federal judge Duncan Kerr SC said.

"Such a risk is assumed by every individual who chooses to subject themselves to the command imperatives of military service.

"But the risks of rough justice, bullying, sexual abuse, inappropriate conduct or humiliation are of an entirely different character."

The review was published on the website of the Royal Commission into Defence and Veteran Suicide as evidence presented to the inquiry, but was quickly taken down on Tuesday.

It was later made public by the government after the review was circulated online.

Lambie blasts government as 'absolutely disgusting'

Jacqui Lambie parliament

Jacqui Lambie has been asking for the report to be made public for months.  (ABC News: Adam Kennedy)

Independent senator Jacqui Lambie and Greens senator David Shoebridge saved copies of the report before it disappeared.

"The contempt of what happened yesterday, knowing that we were onto this document and then removing that from the website is one of the most awful things I have seen come from this government," Senator Lambie said.

"It is absolutely disgusting."

She argued Mr Kerr was right to say confidence in the IGADF is lacking.

"You wonder why you've got major problems," she said.

"The [Chief of Defence] has got control of everything — you wonder why there's so many cover ups."

Senator Shoebridge said the government's decision to remove the report from the royal commission website cast doubt on its commitment to improve the culture within the ADF.

"It may be that the government says the royal commission, having concluded, they can do whatever they like with the exhibits of the royal commission," he said.

"If that is their position, it's an incredibly dangerous conclusion, and shows how fragile, how fragile the findings and the recommendations of the royal commission are."

Shortly after senators Lambie and Shoebridge distributed the report, the Senate ordered it be tabled for public consumption.

A spokesperson for Deputy Prime Minister Richard Marles said that had now been done.

"The review is complete and is currently being considered by the deputy prime minister in the context of the royal commission recommendations to ensure a holistic and pragmatic approach to any proposed reform," the spokesperson said.

"To respond to one report in isolation of the other would be impractical and ineffective.

"The deputy prime minister has said the government will agree to implement the thrust of the recommendations of the royal commission, of which reform to the IGADF and military justice system forms a large part."

They said questions about its appearance and disappearance online were matters for the royal commission to answer.

Review recommends greater independence for watchdog

Mr Kerr's review made 47 recommendations, including a call to protect the independence of the IGADF, including enshrining its separation from the ADF top brass in legislation.

"All human institutions make errors: as noted, those this review is aware of committed by the IGADF do not justify a conclusion of want of independence," he said.

"However, those who have expressed scepticism about the independence of the work of the IGADF plausibly refer to aspects of its structuring as the basis of a more cynical assessment."

Mr Kerr cited that some staff within the IGADF were "usually permanent or reserve members of the ADF", and that email addresses for staff were not "distinct" from the ADF.

He also said there needed to be clearer rules around how the IGADF investigated deaths in the defence force, and that it should be allowed to start its own investigations into alleged misconduct within the ADF.

Mr Kerr called for extra funding for the agency, and that it be positioned to identify cultural risks present within defence units before they were sent out for deployments.

"In any large group of men and women, instances of bullying and sexual harassment will happen. So too will instances of misuse of power," he said.

"In a disciplined force in which group loyalty is necessary and small teams often work together, there will be pressures to not rock the boat.

"Vigilance remains required to ensure that the military justice system works effectively and does not turn a blind eye to such instances."

Senator Lambie argued Mr Kerr's inquiry, and the findings of the royal commission, could not be ignored.

"Here's a good idea for defence," she said.

"You've done this to yourself, and it's time to clean up … you are a bloody disgrace."

The Kerr review also said the structure of the IGADF should be changed and two deputy inspectors-general be appointed — one to investigate deaths in the ADF and one to audit the force and its units.

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