Defence Deflects and Distracts from Royal Commission Results

Just days after the Defence and Veteran Suicide Royal Commission published it’s final report, the Government announced it would be stripping medals from soldiers in Afghanistan. Instead of promising to implement the findings of the Royal Commission, the government doubled down on the kind of hypocrisy that is killing people. While some are stripped of medals, the previous Chief of Defence Force, Angus Campbell, still has his medal for commanding those soldiers. One standard should apply to everyone.

To implement the findings of the Royal Commission, we need a complete clean out of the senior people in Defence who let the problem get this bad.

Transcript

Let’s listen to words to my Senate office team today from a brave ADF veteran with a distinguished record of serving our country and now serving veterans across the country. He opens with a quote from British judge Sturgess: ‘Justice is open to everyone in the same way as the Ritz hotel.’ Announcing this cart-before-the-horse decision today, just three days after the release of the findings of the royal commission into veteran suicide and a day after the 23rd anniversary of the 9/11 attacks—a day that forever changed the lives of these men and women—and on R U Okay Day in Australia is nothing short of cruel. 

Still, the motives are clear: to divert attention from the failures of Defence Force leadership and from the government and once again shift the blame onto a few men from the SASR who were in action. The timing is no coincidence. It’s a calculated move to protect those at the top while scapegoating those who served on the front lines. If medals are to be revoked from those at the tactical and operational levels for their soldiers’ alleged war crimes from allegations from over a decade ago, ultimate responsibility must rest with the commanders in charge at the time. Accountability should start at the top, with those who approved the missions and made the strategic decisions. Without holding senior leadership accountable, this action becomes nothing more than scapegoating those on the ground. Accountability must start at the top. 

Let’s keep going with the ADF veteran’s words: ‘Accountability in the military is paramount. Yet what we have witnessed is the pre-emptive punishment of a few and a violation of due process. The chain of command ensures accountability at every level, meaning that responsibility for success and failure is shared.’ 

Just my own comment: in business and in sport, accountability is the fundamental quality. Going back to the ADF veteran: ‘Therefore, generals who commanded during these periods, these men, are set to lose their honours and awards. From the commander of Joint Task Force 633 to the Chief of the Defence Force, officers who for the most part did not see action but wear medals suggesting they did should face the same pre-emptive punishment. Stripping medals from senior officers reinforces command responsibility and ensures leadership is held accountable for their decisions in command. It upholds fairness and integrity, demonstrating that no-one is above accountability.’ He goes on: ‘Article 28 of the Rome Statute of the International Criminal Court (ICC) establishes the principle of command responsibility, holding military commanders criminally liable for crimes committed by their subordinates if they knew, or should have known, and failed to prevent or punish them. The statute places a clear duty on commanders to control their forces, and failure to do so makes them legally responsible for their subordinates’ actions. In light of this, if soldiers are to be held accountable for alleged war crimes, the same standard must apply to the commanders in charge at the time—from the Commander of Joint Task Force 633 to the Chief of the Defence Force. Command responsibility dictates that leadership cannot be insulated from the consequences of their decisions. Yet, after 10 years, the fact remains: no-one has been convicted of war crimes. 

‘This tone-deaf statement and its timing send a clear message from the top of the Defence Force and government. It shows they’ve learned nothing from the declining recruitment and retention rates, the public’s outrage over ADF’s bloated staff ranks and their untouchable status, or the findings of the royal commission into veteran suicide. Watch as recruitment and retention in the enlisted ranks continue to plummet.’ 

That’s the end of the quote from that distinguished ADF veteran. He still feels intense loyalty to the defence forces, despite what’s happened. His finished there with: ‘Watch as recruitment and retention in the enlisted ranks continue to plummet.’ Why should he care—he is out? I’ll tell you why he cares. It is because he cares about this country, as well as about the ADF, the veterans and those still serving. That’s why this is so important. 

This affects culture, which is our ADF’s secret weapon. It is its most powerful strategic weapon. I’m not going to talk at length about that; I’ve talked about it before. Think about the culture in the Defence Force now. We’ve learned, apparently, that the royal commission didn’t expect Defence to stonewall vital information and keep it from the royal commission. Why? Surely, it’s better to be open and lance the boil? No, they stonewalled. 

But, then again, we’ve now learned that three months ago a coordination officer from Defence was awarded the Conspicuous Service Cross for outstanding outcomes in working with the royal commission. That begs the question: in Defence’s eyes, what are ‘outstanding outcomes’? Here are some questions I asked in question time of Senator Wong—for whom I have a lot of regard—representing the Minister for Defence, Richard Marles. I began by saying: 

Minister, on the recommendation of the then Chief of the Defence Force General Angus Campbell, the government will strip distinguished service medals from soldiers for allegations of war crimes that have not been proven in a criminal court, yet the government will not strip the Distinguished Service Cross medal off General Campbell. 

Then I asked her: 

Minister, why do soldiers under General Campbell ‘s command lose medals while he keeps his medal for commanding them? 

I didn’t get a satisfactory response. Then, as a second question, I began with: 

Minister, the Brereton report specifically excluded any findings on command accountability. 

The minister disagreed with me on that, to be fair. I continued with: 

The implementation oversight panel, though, provided independent advice to government that the Brereton report, in doing this, was inappropriate and that senior command accountability must be examined. 

That was the implementation oversight report. So I asked the minister: 

Why are Defence’s most senior leaders being let off scot-free on allegations in the Brereton report and why is your government ignoring the oversight panel’s advice? 

I didn’t get a satisfactory answer. My final question began: 

Minister, the criterion for the Distinguished Service Cross at the time General Campbell was nominated required him to be ‘in action’, meaning in direct contact with an enemy— 

Facing the enemy, being fired upon by the enemy, having actual engagement— 

yet there are no records of General Campbell being in action. 

I asked her: 

Why does your government refuse to have the honours and awards appeals tribunal examine his award? 

Why indeed! I’ve asked that question before in Senate estimates and got nowhere. We will continue. 

We see that Labor is now moving an amendment to Senator Lambie’s motion. My brief reading of it is that the government is watering down Senator Lambie’s fine motion, which calls on the government to ‘urgently publish’ a comprehensive timeline. The government now wants to water that down with an amendment that calls on the government to ‘urgently work towards’ this. There is no commitment. So I want to thank Senator Lambie for this motion. I want to thank her for her work and for speaking strongly for veterans and enlisted people. I want to thank Senator Shoebridge, who has left the chamber, but nonetheless I thank him for his work as well. 

I’ll finish by saying that our most powerful strategic weapon is the Australian Defence Force culture. That includes mateship and accountability—very, very strong. I’ve heard about it from many sailors, airmen and soldiers. They respect it and they understand the power of it. I’ve heard it from officers. I’ve heard it from veterans. I’ve heard it from enlisted ranks. We’ve been watching it unravel for years, listening to soldiers, airmen, sailors, officers, enlisted men and women and veterans. It’s unravelling, yet it’s the key to our defence forces. This is a prize that must be guarded with reverence, yet at Senate estimates I’m disappointed to see that the senior brass don’t seem to understand it. 

Implementation of the recommendations of this royal commission must be sincere, meaningful and informed to restore accountability and to restore culture in the Australian defence forces. We will be watching, as I’m sure Senator Lambie, Senator Shoebridge and others will be. This is the house of review. As representatives of the people we serve, we will be watching and holding the government accountable. We also serve veterans and current forces because they have served us and our country with distinction. We serve all the people of Australia, and that’s why we will be watching to see their implementation of this royal commission.