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Defence Deflects and Distracts from Royal Commission Results

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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. 

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Government Strips Medals Over Brereton Report Allegations

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One day after the anniversary of 9/11 and three days after the Royal Commission into Defence and Veterans Suicide, the government has decided to strip medals from some junior and mid level officers over war crime allegations in the Brereton Report. Despite this, the former Chief of the Defence Force, Angus Campbell, is wearing a medal for commanding those same people he has said should be stripped of their medals.

Accountability starts at the top. Defence Minister Richard Marles stands condemned for his decision and its timing.

Transcript

My question is to the Minister representing the Minister for Defence, Senator Wong. 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. Minister, why do soldiers under General Campbell ‘s command lose medals while he keeps his medal for commanding them?

Senator WONG: I thank the senator for his question. Senator Roberts, as the Deputy Prime Minister has stated to the House of Representatives today, we finalised our commitment to close out the recommendations of the Inspector-General of the Australian Defence Force Afghanistan inquiry report, known as the Brereton report, which was commissioned in 2016. The report found credible information of alleged unlawful killings of 39 individuals in 23 separate incidents. Further, there was credible information of a subculture of elitism and deviation from acceptable standards. It made a broad range of findings and 143 recommendations. As the Deputy Prime Minister has outlined, we have taken final action as a consequence of that report resulting in the closure of 139 of these recommendations.

Two recommendations of the report related to command accountability and the treatment of honours and awards given to commanders during the relevant period. These recommendations relate to a small number of individuals who held command positions during the period in which the inquiry found evidence of unlawful conduct. The Deputy Prime Minister has written to—

The PRESIDENT: Senator Roberts?

Senator Roberts: President, on a point of order: the question was very specific about Angus Campbell’s Distinguished Service Cross. Why won’t it be stripped?

The PRESIDENT: The minister is being relevant to your question, Senator Roberts. Minister, please continue.

Senator WONG: Senator Roberts, I was seeking to respond by way of explaining how we are dealing with the recommendations of the report which relate to command accountability. I understand that the Minister for Defence, the DPM, has written to those whose awards were referred for consideration to advise that there has been a conclusion to that consideration of those awards. Decisions that have been made in relation to those awards are consistent with the findings and recommendations of the Brereton report. Decisions around command accountability are consistent with those same findings. Obviously we’re not in a position, given the Privacy Act, to disclose the details— (Time expired)

The PRESIDENT: Senator Roberts, a first supplementary?

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

Senator WONG: I will see if I can get any further information to respond to the assertion in relation to the panel because I don’t recall the facts being quite as you assert them, Senator Roberts, but it isn’t in my portfolio and so I will certainly have a look at that. But, as I read out in my primary response, two of the recommendations of the Brereton report did relate to command accountability and the treatment of honours and awards given to commanders during the relevant period. There was an alternative assertion in your question, and that is not the advice to me. We have acted on the basis of and in a manner consistent with those recommendations.

The PRESIDENT: Senator Roberts, a second supplementary?

Senator ROBERTS: 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, yet there are no records of General Campbell being in action. Why does your government refuse to have the honours and awards appeals tribunal examine his award?

Senator WONG: Senator Roberts, I think that is a slightly different question to the one you asked me, which related to the Brereton report. In relation to the actual awarding of those honours, that’s obviously not a political decision but a decision that is governed within that honours and awards system. I would make the point that these matters have been canvassed at length by, I think, Senator Lambie in a number of estimates, and I’d refer you to those answers, including direct answers—to my recollection, including before the change of government—from General Campbell himself.

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Submissions Closing Soon: Defence Honours and Awards Inquiry

Submissions to the inquiry looking at Defence Medals, including diggers getting screwed over and Angus Campbell’s DSC, are closing soon [30 August 2024].

Submissions can be made here: Defence honours and awards system – Parliament of Australia (aph.gov.au)

Let me know in the comments which town you’d like a public hearing to be held in.  Should we bring the inquiry to Townsville? 

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Radio Interview: Defence Honours and Awards System Senate Inquiry

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Thank you to Ben Fordham of 2GB for inviting me to discuss this inquiry. The inquiry aims to look at potentially illegal medals being awarded to senior defence officers, hear from ADF personnel and explore possible improvements to the Defence Awards and Honours system.

If we want people to serve this country, we have to back them and hold their leadership accountable. 

Transcript

Ben Fordham: Well, Australia has a new chief of defence, Admiral David Johnston is in and General Angus Campbell is out. He’s officially stepped down from the role after a rocky six year term. And during that time, General Angus Campbell quickly became one of the most divisive figures in the military. He didn’t do himself any favors when he tried to strip war medals from all troops who served in Afghanistan because a handful were accused of war crimes.

The then defense minister, Peter Dutton, was forced to intervene and he reversed that controversial decision. But now a medal on General Campbell’s chest is being put under the microscope at a new Senate inquiry. He was recommended for the Distinguished Service Cross back in 2011. That’s Australia’s third highest military decoration. The DSC is awarded for distinguished command and leadership in action as commander of forces in Afghanistan.

At the time, the criteria for someone to receive the award required them to be in action, meaning to be under direct fire of an adversary. But out of nowhere, three months after General Campbell was recommended to receive the award, the rules were changed. The criteria of being in action was changed to in warlike operations. Senator Malcolm Roberts, who will lead the inquiry, says senior officers have abused the defence honours and awards system. Meanwhile, enlisted personnel have to fight for recognition and higher ups downgrade their medals. Malcolm Roberts The senator from Queensland, with Pauline Hanson’s One Nation is on the line right now. Senator, good morning to you.

Senator ROBERTS: Good morning, Ben. What a fabulous summary spot on mate, accurate.

Ben Fordham: So what are you suggesting is going on here?

Senator ROBERTS: What I’m suggesting is that these senior officers -the top brass of our Australian Defence Force are looking at medals as a way of rewarding each other, they just seem to think it’s an entitlement that comes with their salary package. But what we’re really looking for is some integrity with regard to the way that the rank and file the serving enlisted soldiers are treated because they’re not getting their medals. And by the way, Ben, I want to thank all ADF people for their service. And I also want to appreciate especially the serving members and veterans who have been working with us to restore accountability over many months in this Australian Defence Force. The pride and respect …

Ben Fordham: I’ll just jump in for a moment and ask you just about General Angus Campbell, because that’s going to be the key thing that people will focus on in this inquiry. As I said, when he was recommended, it was for, well, at the time they said the person who was receiving the award was required to be in action.

Senator ROBERTS: Correct, “two way rifle range”. thinking.

Ben Fordham: Well, hang on a moment. Was he in action? Well, yes, he was over there. He was obviously playing a critical role. But the criteria also said you had to be “under direct fire of an adversary”. And that raised a few flags, didn’t it, that people in the military thinking, well, does General Campbell fall into that category?

Senator ROBERTS: Well, no, he doesn’t. He was away from the action. He was in an air conditioned office several hundred kilometers away and quite safe. What’s really galling people is that the same man refuses to remove his own medal after he tried to strip 3000 people who served in Special operations task force of their Meritorious Unit citation because of the Brereton inquiry. So if he was in action and he was commanding them, then he should have stripped his own medal. But he kept his medal and tried to strip it from the from the soldiers who are actually in direct action.

Ben Fordham: Okay. I just want to stick with this criteria for a moment and can you just confirm this? So originally it said that you had to be under direct fire.

Senator ROBERTS: Correct

Ben Fordham: And that’s when red flags were raised and people were thinking, does he really fall into that category? You say he does not. Then three months after he was recommended to receive the award, the rules were changed and the criteria changed from inaction to in warlike operations. Is that right?

Senator ROBERTS: That is correct Ben. You’ve said it so well, as I said before, you’ve said it so well today. It’s perfect.

Ben Fordham: Okay. So was he in warlike operations?

Senator ROBERTS: Well, he was in the Middle East. He was in near Afghanistan, near the theater of war. But he wasn’t actually actively involved in the war.

Ben Fordham: Why did they change the criteria?

Senator ROBERTS: Probably to justify his medal because he was awarded the medal incorrectly, is my belief.

Ben Fordham: Okay. I want you to elaborate on that. You believe that the criteria changed to suit General Angus Campbell?

Senator ROBERTS: That’s what it looks like Ben. And that’s what a lot of troops are saying. And they’re saying that the top brass are getting medals, not justified, and they’re missing out themselves down the lower ranks.

Ben Fordham: And there had been requests, people had asked questions when the criteria was in action, people actually requested some details to say, okay, can General Angus Campbell give us some answers on when he was in action and there were no answers forthcoming, right?

Senator ROBERTS: Correct. He was mute. There was nothing coming.

Ben Fordham: All right. So will he appear before this inquiry?

Senator ROBERTS: That’s up to the Senate inquiry to justify. I won’t be leading the inquiry. I will be a participating member on it. But it’s a standing inquiry. Standing committee that’s already got six members appointed, but I’ll be participating in it as an additional participatory member. But that’s up to the inquiry and the Senate inquiry if they want to call General Campbell, they can force him to come. They can subpoena him if necessary. So the powers are there.

Ben Fordham: So how do you sum up his time leading the defence force?

Senator ROBERTS: A shambles, mess. The rank and file – the morale in the Australian Defence Forces is atrocious. Where we’ve seen some pride and respect for the Australian Defence Force. We need that to be restored and the troops who are talking to us and there are many saying we’re absolutely correct and that the morale is low, the turnover is high, the recruitment is falling. We have more people leaving than coming to the Australian Defence Force at the moment. We’re going backwards in numbers and so this is a security matter. It’s an essential security matter, a national security matter, Ben.

Ben Fordham: He really lost the dressing room, didn’t he, Malcolm Roberts, when he decided to strip war medals from everyone who served in Afghanistan because a handful were accused of war crimes.

Senator ROBERTS: Exactly. And the Yamamoto principle from second World War says that if a crime is committed in the theater of war by a soldier, then everyone up the line is accountable and responsible. What he did was he stripped medals from – he tried to strip medals from the 3000 and yet hung onto his own. Yet he was commanding the troops he was stripping medals from.

Ben Fordham: And if it wasn’t for Peter Dutton, who was the minister at the time, they would have lost those medals. Thankfully, he stepped in and I’m going to be really keen to see what comes out of this inquiry. So thank you so much for joining us.

Senator ROBERTS: You’re welcome. Ben. Thank you.

Ben Fordham: Malcolm Roberts, the Senator for Queensland with Pauline Hanson’s One Nation.

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Angry Veterans Demand Revocation of Angus Campbell’s Medal

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There is no specific evidence that Angus Campbell was “in action” which is the criteria required for his medal at the time of his nomination.

The honours and awards system has been abused, with senior officers and generals giving medals to each other, while frontline soldiers who faced direct enemy fire must fight yet again, this time for the recognition they rightfully deserve.

This issue goes far deeper than General Campbell. It’s time to clean out all the rot at the highest levels of the Defence Force.

Read article here: Angry vets plea for Labor to revoke Angus Campbell’s Afghanistan medal, saying he did not see enough action | The Nightly

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Inquiry to Probe Outgoing Defence Chief’s Medal

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A powerful Senate Inquiry established into the Defence medals system has opened for submissions. 

The inquiry initiated by my motion will investigate potentially illegal medals awarded to senior Defence officers, the experiences of ADF personnel and potential improvements to the Defence Awards and Honours system. 

Read my full media release below.

The terms of reference for the inquiry are available on the Foreign Affairs Defence and Trade website: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Foreign_Affairs_Defence_and_Trade/DefenceHonours47/Terms_of_Reference 

Make a submission to the inquiry: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Foreign_Affairs_Defence_and_Trade/DefenceHonours47  

How to make a submission (including how to make a confidential submission): https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/How_to_make_a_submission  

Media ReleaseDownload
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Senate Motion Spurs Urgent Inquiry into Defence Awards System

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I joined Peter Fegan of 4BC Radio to discuss the inquiry into the defence honours and awards system due to my motion being passed in the Senate recently.

The morale within the ADF is alarmingly low, reaching a level that could severely impact our future security.

There is a prevailing sentiment among ADF personnel that the senior leaders are not accountable. The top brass are abandoning enlisted members and veterans, while taking credit for achievements that aren’t rightfully theirs.

4BC Weekends with Peter Fegan: https://www.4bc.com.au/show/weekends-with-spencer-howson/

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Australia Left Defenceless After Decades of Failures

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Australia has been left almost defenceless after decades of failures from both sides of politics.

They’ve gutted our defence forces and failed our troops. The current Chief of the Defence even criticised a “warrior” culture in our special forces. This is absurd.

We have to give our Defence Force personnel a proper purpose and a clear mission. We need to spend less money on gender advisers and more on ammo.

Transcript

Some commentators question whether we should have warriors in the Australian Defence Force. My answer to that question is emphatic: yes, we should. Australians ask the government to protect them from foreign enemies. There’s a line on a map; it’s called our national border. Inside that line is the country of Australia and its people, and our resources, our families, our property and our way of life. 

Outside our borders there are some foreign countries who wish to bend Australia to their will. It’s only a matter of time before someone else in the world with a big enough military believes they can change what happens inside our borders. History shows that. As the people of Australia, we ask our Defence Force to ensure no enemy that wishes to do us harm may cross our border. We take some of the fittest, smartest and most motivated young Australians and ask them to put their lives on the line, for that line, to protect what’s inside it. We ask that our defence members be willing to make the ultimate sacrifice. It’s a debt we can never truly repay. 

I’ve had the privilege of listening to many soldiers, sailors and pilots. In almost all of those conversations one word comes up. That word is ‘service’. These Australians answered the call to serve our country and to serve our Australian flag. Defence personnel ask for something simple in return. They ask for something that I agree they deserve. They ask for a purpose to their service. They ask for a clear mission. Above all, they ask for accountable leaders. The Defence Force has been in a drought of accountable leadership at the very top. Politicians have always invoked the Anzac spirit in big speeches. But it’s not enough to stand up on Anzac Day and claim to back the troops. We must deliver the things they deserve every day: a clear purpose, a clear mission and accountability for our leaders. Successive politicians, ministers and especially generals have failed to deliver this for our defence personnel.  

Australia had forces deployed to Afghanistan for 20 years. Australia’s uniform military was pitted against the Taliban, an insurgent guerrilla organisation. With superior technology, tactics, resources, training and troops, Western forces famously won nearly every tactical engagement. The Taliban reportedly had a saying: ‘You have the watches’—referring to the Western technology—’but we have the time.’ As some commentators quipped, we spent 20 years and billions of dollars and sacrificed Australian lives to replace the Taliban with the Taliban. The tens of thousands of ADF personnel who were deployed to the Middle East deserve our praise. They accepted the call and committed their lives to it. It’s the leaders, the politicians and the generals that must be held accountable for the decision to send our best to faraway lands. 

On his last day in parliament, on The 7.30 Report former foreign minister Alexander Downer said that John Howard walked into cabinet when he came back from 9/11 in the US and simply declared, ‘We are off to Iraq.’ There was no discussion with the public and not even a word of debate in parliament, just the lie that Saddam Hussein had weapons of mass destruction. Iraq was an illegal war based on a lie. There were no weapons of mass destruction, as our political leaders claimed. Yet not one politician or general has been jailed for throwing our best into it. Not one was even called out or even held accountable. Our enlisted and junior officers did everything they could to serve us while deployed to the wider Middle East. Scores paid the ultimate sacrifice. What about the politicians and senior generals who failed and hamstrung our soldiers? Those apparent leaders never delivered a coherent reason or an end state for what we were trying to achieve. 

Without a compelling reason for why our soldiers were deployed to the Middle East, many of our veterans and serving members were left disillusioned. Make no mistake: there were no angels in the Taliban ranks. Those insurgents were some of the worst of the worst. Despite this, our warriors rightly asked why. Why were we in desert country spilling Australian blood only for the Taliban to retake those bases from the Afghan army, as many on the ground warned they would? The answer is that the leaders failed to ever give our soldiers, aviators and sailors the purpose they deserve. 

Our lesson must be to never repeat these mistakes. The mission of our defence forces should be clear. If you sign up for the armed forces, your job will be to protect the sovereignty of Australia from anyone who wishes to do us harm. It will not be to fight forever wars in faraway lands having been sent there based on lies. As a servant to the people of Queensland and Australia, I know that our warriors in the military deserve a place in our hearts, and our service men and women deserve a damn good reason to be there and they deserve and need strong leadership. (Time expired) 

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Delay of PFAS Report Leaves Affected Residents in Limbo

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The Government made an election promise to address PFAS contamination around Defence bases. Instead  of taking direct action, they opted to call for yet another inquiry, consuming their entire term without providing any assistance to those affected.

Mr. Jim Varghese AM conducted an independent review of land use near key Defence bases impacted by per- and poly-fluoroalkyl substances (PFAS) contamination. Throughout the process, the team consulted with me on several occasions and I’m hopeful that their recommendations will reflect the outline I was provided.

I am concerned that the issue has been referred to Cabinet, where Cabinet confidentiality rules prevent any further discussion. There was no reason for this to be treated as a Cabinet document, and I suspect it was done to bury the findings.

I remain committed to getting the report released and seeking justice for residents affected by PFAS contamination.

Transcript

Senator ROBERTS: My initial questions are about PFAS. Do we have those people here?  

Ms Perkins: Yes, Senator.  

Senator ROBERTS: Thank you for being here. The PFAS Investigation and Management Program’s 2024 Snapshot document shows that Defence invested $706 million to remediate PFAS contamination on Defence sites. Defence has also been responsible for two class action settlements at $212.5 million and $132.7 million. Are those included in the $706 million, or are they additional costs?  

Ms Perkins: That’s a terrific question, Senator. Defence—in fact, the Commonwealth—has settled five class actions, including the ones you referred to there. It’s my understanding, but I’ll confirm this over dinner, that the first figure you referred to, which is our expenditure on—  

Senator ROBERTS: The $706 million.  

Ms Perkins: the remediation program is separate to the legal settlements that the Commonwealth has made. But I’ll confirm that.  

Senator ROBERTS: Thank you. What about Defence’s total legal cost to fight the class actions? Are those included in the $706 million? Probably not.  

Ms Perkins: I would have to get my colleagues from Defence Legal Division to confirm that for you. I manage the investigation and remediation program, not the legal settlements. 

Senator ROBERTS: Okay. So we have expenditure of over a billion dollars so far? That’s $706 million plus the class action settlements—  

Ms Perkins: But, as I said, I’ll take that on notice and confirm the elements of the spend over dinner.  

Senator ROBERTS: Yes. I acknowledge the extensive work and resources that Defence is putting into treating the 27 PFAS contaminated sites within the Defence bases, but the remediation will not solve existing contamination in farmland. These are the residents who have been affected the most: what was previously prime productive land—and I’m thinking, for example, about people who I’ve met at Oakey in Queensland—is now unusable for agriculture. Their properties have been depreciated to the point of being impossible to sell. They can’t get out of there and so that’s where their super is tied up and everything—they’ve lost it. This is why the Independent review of land uses around key Defence bases impacted by PFAS contamination was commissioned. I thank the department for including my office in the consultation process—from memory, with Mr Varghese. I understand that the report is complete; when will that report be made available?  

Ms Perkins: The report was completed and delivered to the government in early April. We’re working now across the parts of government that contribute to the work on PFAS, and the government will consider that review and its recommendations in the coming months.  

Senator ROBERTS: Does that include whether or not it will release the document?  

Ms Perkins: Correct.  

Senator ROBERTS: The report suggests grading land—not grading as in bulldozer grading—and categorising land based on contamination and rezoning so that residents can sell agricultural land as, say, industrial land, which is how many residents along Cabbage Tree Road in Williamtown have been able to get out and start over again. Newcastle Airport is now extending over contaminated land—another sensible use. This isn’t a big-ticket item, and it doesn’t need a large pot of money. There’s no reason to send it to cabinet unless the intention is to let it die under cabinet confidentiality. Is there any reason to send it to cabinet?  

Ms Perkins: As I mentioned, the report has been delivered and makes a series of recommendations. I think some of the points you’ve just referred to were the issues that Mr Varghese canvassed in consultation in affected communities and with other stakeholders like you. One of the challenges we’ve always had with the management of PFAS remediation is that accountabilities exist at all three tiers of government and across the community, and we’re very mindful, as we move forward, in both the Defence remediation program and the broader Commonwealth approach, that we consider how we activate across state and local governments and industry integrated responses. That will be the work we take to the Commonwealth government to consider.  

Senator ROBERTS: So that’s what you’re considering now before you take it to government?  

Ms Perkins: As is normal in an independent review, Mr Varghese has done a really valuable body of work— great consultation—and made recommendations. We’re working with colleagues in other parts of government, as you can appreciate from your question—the Department of Climate Change, Energy, the Environment and Water, the department of agriculture, the department of health and so on—so that we can continue to advise government on an integrated Commonwealth response in affected communities.  

Senator McAllister: I think, Senator Roberts, in fairness to the officials, because the report is before the government there are some limits on what they can tell you about the advice that’s been provided. I think Ms Perkins has indicated that there is a process underway but she won’t be able to give you any further information about the particulars of the advice.  

Senator ROBERTS: Thank you for clarifying. I’ve worked that out from what Ms Perkins has said quite clearly. I want to commend the way Mr Varghese approached us. We have checked with residents, and he approached them with a very open mind and took good notes, apparently. These are not characteristics of the past ways that Defence has tried to address this, so we can see a change going on. It seems genuine, so we’re looking forward to the report. Minister, was there any additional funding in the budget for measures recommended in this report as opposed to the ongoing remediation report?  

Senator McAllister: The answer I’ll provide is probably similar to the one I’ve just given, which is that the report is before the government, and that response is being developed.  

Senator ROBERTS: Okay. Minister, has any consideration been given to suing the manufacturers of PFAS for the damages they’ve done to the community and the environment and added costs to the Australian defence forces? We’re talking billions of dollars here, and these people—DuPont, 3M and others—seem to be just getting off the hook. 

Senator McAllister: I’m not trying to be difficult, but I am very reluctant to speculate about how the government might respond to the report that’s before us. So I really can’t provide answers to questions that go to the specifics.  

Senator ROBERTS: Okay. I have two final questions on a different matter. There has been reporting that the partner of Lieutenant Nugent, who died in the Whitsunday helicopter crash, was told in the weeks after the crash, by a senior officer from Defence, that she would be able to find someone new. Have you made any efforts in the Army to locate which officer made these absolutely horrific comments to the partner of a soldier who had just died, telling her she would find a new partner? And have you done anything to reprimand or punish them for such heartless comments?  

Lt Gen. Stuart: The short answer to your question is yes. We have followed up on that matter, and we remain closely involved with all of the families who lost their loved ones on 28 July last year.  

Senator ROBERTS: So that has been rectified with the widow?  

Lt Gen. Stuart: Yes, we remain in close contact. It is a very, very difficult time for everybody involved, and we want to make sure that they’re properly supported throughout this process.  

Senator ROBERTS: And the officer has been either reprimanded or punished; what he said has been addressed?  

Lt Gen. Stuart: As you know, I can’t go into individual matters, but—  

Senator ROBERTS: No, I don’t want the names. 

Lt Gen. Stuart: we’re taking it seriously, and we’re making sure that we are addressing all of those kinds of issues. I can certainly assure the committee that all of our efforts since the evening of 28 July last year have been focused on making sure that the families, loved ones and teammates of those that were impacted by the loss of those four soldiers have been and continue to be supported for the long term.  

Senator ROBERTS: Did I hear you say the officer ‘will be’ addressed or ‘has’ been addressed?  

Lt Gen. Stuart: Has.  

Senator ROBERTS: Thank you. This is my last question. General Campbell, you posted on social media congratulating the 2024 Napier Waller Art prize winner, Kat Rae, for her piece Deathmin. It is a 157-centimetrehigh stack of post-death paperwork that Kat Rae revealed after her husband committed suicide after dealing with the PTSD he had from his time in the Defence Force. General Campbell, you have been the commander of the entire Defence Force for six years. You’ve been in the highest positions of the organisation for at least 15 years. You’ve congratulated a widow who is talking about the complexity of the defence and veterans’ bureaucracy. You’ve been in charge of that bureaucracy. What have you done, specifically, to fix her problems?  

Gen. Campbell: There has, I think, been a great deal of work done, both within Defence and the Department of Veterans’ Affairs, and I acknowledge the work of the interim national commissioner for defence and veteran suicide and the work of the royal commission, which is ongoing but which has provided both some harrowing testimonies and also extremely useful insights into how to continue that work to improve our organisation. I am, as are the senior leaders of the ADF and more broadly Defence, committed to ensuring that continues to be the case.  

Senator ROBERTS: Could you please give me some specifics of what you’ve implemented to fix these problems?  

Gen. Campbell: We are seeking to see a much more trauma informed approach to the way in which we deal with people. We are now much more conscious of and are seeking to embed an awareness of psychosocial risk in the way we work with our people and our people experience service in the military. We’ve greatly strengthened the experience of transition for everybody in the force, and we’ve very substantially enhanced the integration between Defence and DVA. We’ve introduced personnel policies that seek to wrap those policies around the lived experience of an individual from before joining all the way through to beyond transition. They are some examples of our efforts. They are very wide-ranging, and I think that they are fundamental to developing our people, supporting our people and seeing the capability that they create emerge.  

Senator ROBERTS: What about transitioning people who are leaving the defence forces out of the workforce? I have enormous respect, as a result of conversations I had with veterans 40 years ago, for the way the Australian recruits, the intake, are actually introduced to the Army and they’re—I mean this in a very positive way—stripped of their past associations and they join into the culture of the defence forces. It’s extremely important, because that is the key to the success of the Australian defence forces. But, as someone said to me, we send them, we bend them but we don’t mend them. We just turn them loose when they’re finished, and apparently that’s causing a lot of strife. 

Gen. Campbell: That was my point with regard to the work of the Joint Transition Authority and the fundamental reconceptualisation of how we see transition from military service to beyond military service, and see it as a period rather than a moment. Could I note that, at a graduation for soldiers into the Australian Army a few weeks ago, I was really pleased to see how enthusiastically they spoke of their training and were looking forward to their service, not just saying that to me but saying that to the junior officers and the NCOs who were with me and variously moving around the audience. It was a very positive expression of an introduction to service and it’s exactly the same outcome that we want for transition from service. We are seeing work done that sees that period being about a two-year transition, with the idea that, while you serve today and you serve for a period of time, the transition is seeded at your induction into service in your recruit training. I think it’s a very healthy way to look at service and to then encourage people to start having conversations about transition before they move into that period of transition, with Defence reaching out in support of those who would wish it following two years from transition, typically seeing a glide down of Defence’s engagement and a glide up of DVA’s engagement where the individual would seek it.  

Senator ROBERTS: Thank you, RAAF. 

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Retiring Defence Chief Campbell Leaves Military in a Mess

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General Angus Campbell will retire as Chief of the Defence Force in just a month, leaving behind a mess of morale and military disasters. 

Under his watch our special forces have been decimated, morale has been destroyed, the navy is facing the worst outlook in 50 years, the entire force is in a recruiting crisis and he refuses to accept responsibility for what happened, all while wearing medals for “distinguished command and leadership” and earning $1 million a year. 

On behalf of the many soldiers, sailors and aviators that have contacted me over many years, farewell General Campbell – you do not go with our thanks and you will not be missed.

Transcript

Senator ROBERTS: Thank you for appearing again, General Campbell. Looking at the Afghanistan Inquiry Implementation Oversight Panel report, Defence tried to keep this report secret, blocking freedom of information requests. It was only when the Senate, on my motion, ordered it to be produced that we’ve seen it. In my opinion, General Campbell, we can see why you wanted to keep this a secret, given what it said about your response to the Brereton inquiry. I’m going to read quite extensive quotes from it. It’s important to have this information on the record, given your previous denial of command responsibility. Quote:  

Looking through an organisational lens, the assessment of accountability and responsibility starts at the top. More senior officers have to take some level of responsibility for what goes wrong in their organisation or at least for any circumstances or policies that permitted or facilitated it. If no-one at an appropriate level of authority knew anything about this misconduct, that is an organisational failure in itself.  

Next quote:  

The Panel considers that the failure to look closely at the collective accountability and responsibility of Defence’s most senior leaders continues to generate resentment and anger amongst veterans, soldiers and their families which is likely to last for a long time.  

I can vouch for that. We’ve had many servicemen, current and former, contact us. Next quote: 

… it is a misuse of their [Special Forces’] capability to employ them on a long term basis to conduct what are essentially conventional military operations.  

Next quote:  

The history and legacy of former Special Forces members is unjustifiably tarnished.  

That’s by the Brereton report. General Campbell, you have refused to accept command responsibility or accountability for allegations, despite wearing a medal for your command. You are a senior officer, at one point commander of all forces in the Middle East. Will you ever take responsibility for your organisational responsibility, instead of just throwing loyal soldiers under the bus?  

Gen. Campbell: Thank you, Senator. Let’s start at the beginning of your comments. You’re incorrect to suggest that in some way I or Defence attempted to withhold the oversight panel’s final report to the minister. The oversight panel had, throughout its duties, access to an unredacted view of the Brereton report. That meant that its work needed to be referred to the Office of the Special Investigator to ensure that, in their work, there were no concerns by that office that anything in their report might in any way impinge upon their investigations and considerations for the potential for further legal action. Once that was done, the report was able to be provided to the minister with confidence that the Office of the Special Investigator had no concerns for its public release, and the report was publicly released. So I guess that’s conspiracy No. 1 out of the way. With regard to command accountability—  

Senator ROBERTS: With due respect, General—  

CHAIR: Senator, let the witness finish their answer first, and then you’ll have an opportunity to ask a followup question.  

Gen. Campbell: With regard to command accountability, as has previously been given in testimony here by me and a number of my colleagues, the consideration of command accountability has been developed and completed at the level of Defence and my responsibilities and has been passed to the minister for his consideration. That remains under consideration by the minister and, in due course, the minister will advise of decisions in that regard. The oversight panel’s report was very much appreciated and well received by Defence. It has reflected on the experience and provides some very useful insights into the events that occurred, the manner of its response and the efforts we have gone to in reform and in delivery of now 139 of the 143 recommendations of the Brereton inquiry. Thank you.  

Senator ROBERTS: Thank you. Minister, given what General Campbell said, why did the government withhold that document, withhold senators access to that document, the oversight report?  

Senator McAllister: As has already been indicated to you, it was necessary to seek advice from the Office of the Special Investigator as to whether or not the release of that report would in any way compromise their work. When that advice was received, the material was provided to the Senate.  

Senator ROBERTS: Thank you. General, you’re still wearing bars on your chest and the Distinguished Service Cross that you claim for either being in action, which you never were, or for your command of troops in the Middle East. You’ve previously tried to strip 3,000 soldiers of their citation. You’re still trying to strip other soldiers of their medals. Why do you get to keep Afghanistan medals while you try to have them stripped from soldiers?  

Gen. Campbell: I make no claims with regard to the Distinguished Service Cross, which was awarded to me for service in Afghanistan and the Middle East more generally.  

Senator ROBERTS: Okay. I just want to close the chapter on your responses to my questions in the past about the search and rescue operation of the MRH90 Taipan crash in the Whitsundays. You’ll recall I first asked about this in October. We had an exchange in February about whether the answers were satisfactory. Missing from the information you gave me was that, after the crash, around 11 pm, HMAS Adelaide continued to sail in the opposite direction towards a photoshoot 140 nautical miles away. When I produced a photo that the Defence Force deleted from the website, General Campbell and Vice Admiral Hammond tried to tell me that HMAS Adelaide would be unable to help due to its size and too many vessels already at the search and rescue. You eventually later clarified that it actually was tasked to do the search and rescue. Why did you delete the images of the photoshoot from your website? Why have we gone through this back and forth for eight months now? Was it just too embarrassing for you to admit that you let a useful boat with helicopters on board sail away to a photoshoot instead of immediately helping with the search and rescue mission when it was assumed those men were still alive?  

Gen. Campbell: Thanks, Senator. I’ll have to take the bulk of your question on notice. With regard to the photoshoot, I neither directed nor have knowledge of the claim you’re making that photographs were deleted from the Defence website. I will need to take that on notice to understand whether or not and under what circumstances any photographs were or may have been removed.  

Senator ROBERTS: Thank you for that. I’m happy to have that taken on notice. What about the circumstances around the deployment of Adelaide.  

Gen. Campbell: Yes; I’ll take that on notice, Senator. 

Senator ROBERTS: Thank you. On to your combined special forces selection process, reports from the ground indicate, from 270 candidates, only 13 per cent, or 37, were selected for all special forces groups. Is it time to admit this ridiculous idea of yours, that the troops don’t like, for combined selection has been a massive failure at the expense of millions of dollars with worse outcomes?  

Gen. Campbell: Thank you again, Senator. I’d like to correct the record. You speak of it as my ‘ridiculous idea’. It is a well thought out approach being developed by the Army. I don’t lay claim to it, Senator. In terms of the outcomes of it, I would refer to the Chief of Army.  

Lt Gen. Stuart: Senator, could I just confirm what your specific question is.  

Senator ROBERTS: On your combined special forces selection process, reports from the ground indicate, from 270 candidates, only 13 per cent, or 37, were selected for all special forces groups and you’re having trouble recruiting for the special forces groups—you’re having trouble recruiting for the Army in general. Is it time to admit that this is a failure? The troops are telling us it is.  

Lt Gen. Stuart: That may be someone’s characterisation; that’s not our experience. It’s true that there are high attrition rates in any special forces selection. That’s a characteristic. What we’re much better at doing now is understanding the reasons for that. The preliminary assessment that I received just last week on one of the key contributing factors was the physical preparation. We need to lean in and help our people to follow the physical preparation to give them the best chance of completing successfully or not being withdrawn at our own request because they can’t meet a particular physical standard. Of course, there is a whole range of other aspects for assessment as well. So, yes, you’re correct in terms of the low numbers that were selected. That was characteristic when there were separate selection courses. This was the first of the common selection courses. We’re going through an after action review process now to understand what worked, what didn’t work and how we need to adapt it in the future. If I can just add a final point: the reason why we’re doing this goes to some of the points that were in the independent oversight panel’s report to the Deputy Prime Minister that you referred to in your earlier questioning. It’s to address some of the outcomes that we’ve been working on for the last 10 years in terms of the findings from the Brereton inquiry, and, in particular, role clarity among units and also making sure that we have good working relationships between the units in the command.  

Senator ROBERTS: The Chair is giving me the wind-up. You’re not lowering standards? You’re just giving soldiers an opportunity to meet the standards?  

Lt Gen. Stuart: No; they’re quite high standards, as you’d appreciate.  

Senator ROBERTS: But your response is not to drop standards; your response is to help soldiers meet the high standards.  

Lt Gen. Stuart: Yes. That is the approach right across the board, not just for special forces selection. So for anybody who puts their hand up for special forces selection—whether that’s as an operator, an integrator or an enabler—they have a thing called a special forces entry test which tests a whole range of things, including some physical standards. To set those people up for success, we’ve provided them with a physical training preparation program that is specifically designed to ensure that they can have the best chance of meeting the standards that are required in that Special Forces Entry Test.  

Senator ROBERTS: Minister, what we’ve seen recently under General Campbell’s command is that the SAS regiment has been decimated, with huge numbers of discharges after it was thrown under the bus. The combined special forces selection has been an abysmal failure, according to troops we’ve listened to. The MRH90 helicopter was kept flying until four men were killed in a crash. General Campbell is wearing a Distinguished Service Cross, which is probably illegal from what we’ve highlighted in previous estimates. The OSI has spent $100 million to lay a single war crimes charge, and there were no convictions. The force is in a recruitment crisis, going backwards. We’re 5,000 personnel under strength. The Navy will have the least capable surface leaders it’s had in more than 50 years for the next 10 years. What will you do to restore defence capability?  

Senator McAllister: Senator Roberts, there are so many misinformed statements in that question that it’s hard to know where to begin. Perhaps I can say that there is very little of your characterisation of the current state of things that I accept. But I will tell you what it is that we are doing. This institution was subjected to a circumstance where there were many, many defence ministers on and off during the last government. There was chaos and dysfunction, and we are working to resolve that. We are taking defence seriously, unlike the coalition. We will see spending in defence reach 2.3 per cent of GDP over the next decade beyond the trajectory that we inherited. We’re investing $330 billion through the new Integrated Investment Program. We are developing a comprehensive workforce strategy to improve recruitment and retention. We have put in place the pathway to acquire nuclear-powered submarines. We are buying the guided weapons that we need to hold adversaries at risk. We are investing in the surface fleet. We have handed down the 2024 National Defence Strategy. I understand that, in the period I have represent the government in here, you have consistently come here and levied attacks on senior personnel. I am surprised that that is the approach that you have adopted—to personally attack officials. We are happy to discuss the policy settings and will always answer questions in relation to that. My preference would be that we stick to the policy settings and perhaps refrain, just a little, from the very personal attacks that are too frequently offered towards staff and officials.  

Senator ROBERTS: We have a crisis in the Army—  

CHAIR: I need to move on. 

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