RESPONDING TO INSTITUTIONAL ABUSE THROUGH
RESTORATIVE ENGAGEMENT
CONFERENCE PAPER
PRESENTED BY PETA LANGEVELD, ACTING EXECUTIVE DIRECTOR,
DEFENCE ABUSE RESPONSE TASKFORCE
15TH INTERNATIONAL SYMPOSIUM – WORLD SOCIETY OF VICTIMOLOGY
PERTH, 6 JULY 2015
Good afternoon everyone. Thank you for coming along this afternoon to hear about the
Defence Abuse Response Taskforce’s innovative Restorative Engagement Program.
I am very pleased to be able to provide you with an overview of this unique Program, and to
share with you how participation in the Program has been overwhelmingly positive not only
for complainants, but also for Defence, both for individual representatives and for Defence
organisationally.
SO FIRST, WHAT IS RESTORATIVE ENGAGEMENT?
Restorative Engagement is a means of directly addressing the harm suffered by a
complainant as a result of institutional abuse in a forum which is safe for the complainant,
where the abuse and harm is accepted by Defence, and where Defence has accepted it has a
responsibility and obligation to respond.
It is a facilitated ‘engagement’ or ‘meeting’ between:

the complainant who has suffered the abuse

their support person (should they choose to have one), and

a senior representative from Defence.
4 National Circuit, BARTON ACT 2600  Telephone: (02) 6141 4550  Email: DART@ag.gov.au
1
BEFORE TALKING FURTHER ABOUT THE RESTORATIVE ENGAGEMENT
PROGRAM, IT IS IMPORTANT TO ‘SET THE SCENE’ FOR YOU WITH A BRIEF
OVERVIEW OF WHY THE TAKSFORCE WAS ESTABLISHED
Many of you will know that the Defence Abuse Response Taskforce was established by the
Government following the publicity generated after the Skype scandal made headlines in
April 2011. You may remember this was the incident where an ADFA cadet secretly filmed
himself having consensual sex with a female cadet and broadcast it, without her knowledge,
to male cadets in the next room. When this story broke in the media, other victims of abuse
in Defence started to come forward.
A report into abuse in Defence was then commissioned from DLA Piper, following which
recommendations were made to Government, and in November 2012 the Taskforce was
announced.
The purpose of the Defence Abuse Response Taskforce is to provide appropriate outcomes
to complainants (the majority prefer this term to victims) which are individually tailored to
meet their needs.
The Taskforce established five outcomes that could be accessed by each of the
approximately 2000 complainants who reported plausible abuse to the Taskforce,
depending on their circumstances and individual preferences:

counselling

a reparation payment of up to $50,000 (which is made without any requirement for
waiver of legal rights or confidentiality undertaking by the complainant)

referral to police for possible investigation and prosecution of criminal offences (but
only with the complainant’s consent)

possible referral to the Chief of the Defence Force for consideration of
administrative action or military justice sanction, and

Restorative Engagement.
For many reasons, most complainants to the Taskforce would have no prospect of having
their allegations accepted as true in any formal administrative investigation or judicial
process. These reasons include complainants:
4 National Circuit, BARTON ACT 2600  Telephone: (02) 6141 4550  Email: DART@ag.gov.au
2

not reporting the abuse at the time nor for years afterwards

minimising descriptions of the abuse when it was reported

lack of forensic evidence

lack of witnesses

credibility issues because of psychological illness, alcohol or drug addiction (often
the result of the abuse itself), and

the absence of documentation.
The application of legal standards of proof (the balance of probabilities or beyond
reasonable doubt), with the complainants having the onus of proving the truth of their
allegation, would be an insurmountable obstacle.
It is against this background that the Taskforce is required to accept an allegation if it is
satisfied, on all the material available, that the allegation is plausible.
Plausibility means that, on all the information available to the Taskforce, the complaint has
the appearance of reasonableness. It is less than an assessment on the balance of
probabilities and far less than beyond reasonable doubt.
This threshold of ‘plausibility’ is a much lower standard of proof than that applied in
traditional restorative justice settings.
SO, TURNING NOW TO THE EVOLUTION OF THE RESTORATIVE ENGAGEMENT
PROGRAM ITSELF
In many cases abuse occurred in a culture that could be said to have enabled it, was inflicted
by more than one individual or large groups, or in circumstances where the perpetrator
could not be identified.
Reporting was often mismanaged and complainants were often further persecuted or
victimised if they reported their experience.
DLA Piper Review’s found a significant number of the persons who contacted the Review
indicated that their primary wish is for Defence to acknowledge that abuse had occurred and
to express regret for that action.
4 National Circuit, BARTON ACT 2600  Telephone: (02) 6141 4550  Email: DART@ag.gov.au
3
The DLA Piper review recommended establishing a framework for private facilitated
meetings between victims, perpetrators and witnesses of abuse within Defence. However:

the Taskforce does not engage with alleged abusers (or perpetrators) as this would
divert attention away from the primary task of assisting complainants. Therefore,
there was no possibility that the Program would involve a perpetrator, and

we knew that, after many years of feeling they were not heard or acknowledged,
complainants wanted to be listened to - and by someone who matters. Someone
who not only represents the institution where the harm occurred, but someone who
can go back into that organisation with a deeper understanding of the impact of
abuse.
Put simply, complainants wanted Defence to acknowledge that the abuse had occurred, that
it was wrong and to apologise for it. And they wanted to see that the culture is changing.
On a deeper level, complainants expressed a desire to reconnect to Defence, an
organisation many of them still held in high esteem, despite the abuse.
Hence the name ‘Restorative Engagement’ which highlights that the purpose of this process
- unlike traditional restorative justice – is to provide an opportunity for complainants to
engage with the institution – to tell their personal story of abuse in a safe environment, and
to be heard and acknowledged by the institution - enabling restoration.
The Program Framework design draws on the principles and values of restorative practice,
and trauma informed care principles. Participation is voluntary. Voice, confidentiality,
physical and emotional safety and transparency are all key features. So too are the
following:

the underlying principle is: Do no further harm

the complainant’s account of abuse is accepted

the Defence representative is authorised on behalf of Defence to accept that the
abuse was wrong (that Defence is accountable)

the Defence representative is authorised to acknowledge and apologise to the
complainant

participation in the conference itself is the intended outcome (although the
complainant and the Defence representative may agree to further ‘follow-up’
4 National Circuit, BARTON ACT 2600  Telephone: (02) 6141 4550  Email: DART@ag.gov.au
4
actions to be taken by Defence)

participation is not dependant on any other outcomes – for example there is no
discussion about money (to the extent that is relevant to the complaint, it is dealt
with in a separate application for a Reparation Payment)

while the confidentiality of the complainant is absolute and what occurs in the
conference itself is confidential to those present, the complainant is not required to
sign any confidentiality agreement which would prevent him or her talking about the
abuse they suffered, and
 the complainant is not required to waive his or her right to take any legal or other
action.
NOW TO PROVIDE A BRIEF OUTLINE OF HOW THE CONFERENCE OCCURS
From the outset the Taskforce determined that complainants would have one point of
contact with the Taskforce – through a specially designated Case Coordinator who would
provide them with ongoing personal support and guidance in accessing the outcomes
provided by the Taskforce.
If a complainant has expressed interest in participating in the Program, the Taskforce
determines their suitability having regard to the complainant’s motivations and
expectations for participation.
The process of bringing a conference together takes place over an 11 week period. It is a
significant logistical challenge:

the Taskforce first works with the complainant around their availability, the best
location for the conference to take place (conferences take place all around
Australia) and whether or not they will have a support person present (usually a
family member or friend) which is encouraged by the Taskforce

second, we work with Defence to find a suitable Defence representative, based on
the complainant’s preferences.
The Taskforce has run numerous one day workshops to specially train senior Defence
representatives around Australia who have been selected by their Service Chiefs for
participation in the Program – 351 have been trained (representing approximately
50% of the senior leadership cohort).
4 National Circuit, BARTON ACT 2600  Telephone: (02) 6141 4550  Email: DART@ag.gov.au
5

We then engage an appropriate Facilitator, based on their availability, complainant
preferences about the gender of the Facilitator, and the location of the conference.
The Taskforce has procured the services of 39 expert facilitators from around
Australia, who have been trained and accredited by the Taskforce. Facilitators have
backgrounds in restorative justice, social work and/or alternative dispute resolution.
They are experienced practitioners who have demonstrated a willingness and ability
to modify their professional practice approaches to meet the Taskforce’s specific
requirements.

And finally, we then coordinate the venue and travel arrangements for participants.
Great care is taken by the Taskforce to ensure the pre-conference meetings, and the
conference itself, are conducted in suitably private and appropriate venues around
the country.
While the Taskforce believes this Program is conceptually innovative, cutting edge and best
practice, it can be compromised if it is not supported by high standard implementation and
effective administration.
The training of Facilitators and Defence representatives is underpinned by Taskforce
manuals and specific protocols and procedures for both the conduct of, and the
administrative arrangements for, Restorative Engagement conferences.
HOW DO WE PREPARE PARTICIPANTS FOR THE CONFERENCE?
Once the matter has been allocated to a Facilitator, the Facilitator conducts separate
preparation meetings with each of the participants.
First they prepare the complainant (and their support person). A key element of conference
preparation is recognition that the conference belongs to the complainant and so the
Facilitator assists the complainant to plan what they want to convey to the senior Defence
representative in the conference.
The Facilitator then prepares the senior Defence representative – ensuring they have a clear
understanding of the complainants’ needs and expectations for the conference itself.
The Facilitator conducts the conference and, where appropriate, drafts a written agreement
for signature by participants outlining any follow-up measures agreed by the parties.
4 National Circuit, BARTON ACT 2600  Telephone: (02) 6141 4550  Email: DART@ag.gov.au
6
The Facilitator follows-up with the complainant and the Defence representative
immediately at the conclusion of the conference and then by phone in the days following,
and makes a written report to the Taskforce to conclude the matter.
The complainant’s Taskforce Case Coordinator also follows up with the complainant in the
days following the conference, to check on their well-being. Any agreed follow-up action is
implemented by Defence.
TURNING NOW TO THE QUESTION OF HOW PARTICIPATION IN THE
PROGRAM HAS POSITIVELY IMPACTED COMPLAINANTS
To answer this, it is important to understand who the complainants are, and what their key
motivations for coming to the Taskforce were.
Over 2400 complainants registered with the Taskforce. Ultimately the Taskforce found
approximately 2000 claims to be ‘in scope’ according to its Terms of Reference, and
‘plausible’.
Complainants have suffered wide ranging abuse - from bullying and harassment, to violent
physical and sexual assaults, including some cases of multiple sexual assaults including gang
rape.
72% are male – 28% are female. 19% are still serving in Defence.
Many complainants are over 50. Our oldest complainants are men who were Junior Recruits
at the HMAS Leeuwin naval base in West Australia in the 1960s and 1970s. These men were
15 to 17 year old boys at the time of the abuse and many had never spoken of their abuse,
not even to their partners or families, until they spoke to us.
More recently, the Australian Defence Force Academy has an appalling record of sexual
assaults on women and men in the 1990s.
The impact of the abuse on complainants has been, in many cases, profound. Complainants
have suffered wide ranging physical, alcohol, drug dependency, and mental health issues,
and many have experienced fractured relationships with family and community. Many are
bound by shame and fear. They lack trust, and many suffer grief for the loss of their career
in Defence and the ‘loss of life as it was before the abuse’.
The impact of the abuse has, in many cases, been equally significant regardless of the nature
or ‘seriousness’ of the abuse itself.
4 National Circuit, BARTON ACT 2600  Telephone: (02) 6141 4550  Email: DART@ag.gov.au
7
The process of registering with the Taskforce was a major step for many complainants:

many had not reported the alleged abuse because of a culture of not dobbing on
your mates

those who did report the abuse (whether formally or informally) were often not
believed or their complaint was not handled properly, and

some were treated so badly by their colleagues or senior officers that they ended up
leaving or being forced out of the Defence Force.
In terms of their motivation for participating in the Restorative Engagement Program:

many wanted to ‘be right again’ with the organisation – which they often saw as
‘family’ - an institution they still hold in high esteem – despite the abuse

they wanted to be listened to - by someone who matters - someone they can
respect, and who represents the institution that allowed the harm to occur, and

they wanted to know that the culture is changing, and ensure that what they
experienced won’t happen to others.
SO, WHAT HAVE WE LEARNT?
The Taskforce has a high rate of return of surveys from complainants who have participated
in the Program – 50%. We otherwise receive verbal feedback from complainants after each
conference, through their Facilitator and Case Coordinator.
And, in short, with the benefit of nearly 300 conferences having now occurred, we have
learnt that the process works!
The overwhelming majority of complainants are getting what they need from this process.
The fact that:

participants are well prepared for the engagement,

that complainant expectations are well managed in preparation to ensure they align
with what can be achieved,

that the process responds to meet their motivations, and
4 National Circuit, BARTON ACT 2600  Telephone: (02) 6141 4550  Email: DART@ag.gov.au
8

that complainants feel, because of the genuine and meaningful engagement of the
Defence representative, that their story is believed, that they have been sincerely
and respectfully heard, and that the Defence representative (and Defence as an
organisation) is committed to ensuring this doesn’t happen in the future,
has resulted in the overwhelming majority of complainants reporting that they feel
validated, heard, believed, respected and acknowledged – and that their participation is
assisting in their healing process.
This is probably best expressed in the words of complainants themselves:
“I feel the conference went very well. It was professionally and sensitively conducted. I
feel validated, uplifted and encouraged.”
“[The Defence representative] showed empathy and compassion, and I believe it was
heart-felt. I drove home from the conference with a lifted weight and warmth in a
place in my heart that was once a very sad place.”
“The conference itself was quite cathartic really. I am now realising that I am valued,
listened to and respected."
Complainants speak of having restored dignity and restored trust.
Facilitators report that for many complainants the conference is resulting in a ‘reframing’ of
their experience of abuse. Having a Defence representative affirm that what happened to
them was wrong and shouldn’t have happened is bringing about a shift in many
complainants’ personal narrative.
There is no question that the genuinely personal level of engagement by Defence
representatives with complainants is significantly contributing to the deeper healing
experiences many complainants report:
"[The conference went] Brilliantly. I could not have asked for a better rep from Defence.
[The Defence representative] totally restored my faith in myself and the Defence force."
“[The Defence representative] gave me back the one thing I had lost – respect for the
ADF and pride in my own service. I hadn’t expected to feel proud of my war service ever
again! I could not have asked for more.”
The transformative nature of the conference is also evident:
4 National Circuit, BARTON ACT 2600  Telephone: (02) 6141 4550  Email: DART@ag.gov.au
9
“The emotional response that I have had to the meeting has caught me by surprise. I
do not have the words to describe what I have felt and am still feeling. I have a new
level of peace that I did not have beforehand.”
"I was able to finally gain closure from the incidents that have affected my life and
have peace of mind knowing I had done everything I could to see justice to some extent
was carried out. To have someone listen to my side of the story was refreshing and
cleansing. Finally, after such a long time."
Facilitators also report complainants saying things like:

‘the tightness in my chest isn’t there anymore’

‘the monkey’s off my back’, and

‘a great burden has been lifted’.
AND WHAT ABOUT DEFENCE – IS PARTICIPATION IN THE PROGRAM
EFFECTING CULTURAL CHANGE IN DEFENCE?
Defence’s commitment to the Program has been outstanding. The Chief of the Defence
Force, the Service Chiefs and Secretary of Defence have all participated in conferences.
They are vocal about the importance of the Program, both within the organisation and
publicly, and have led from the top within the organisation on the importance of their
senior leaders prioritising participation in the Program:
A quote from Vice Admiral Ray Griggs – the Vice Chief of the Defence Force:
“I believe the Restorative Engagement Program is immensely powerful. …. For senior
Defence leaders it is a program that brings the darker side of Defence culture into
sharp and stark relief. It reinforces and bolsters resolve to make a difference in ongoing
cultural challenge programs. By picking the right leaders to participate in this program
we are ensuring senior leaders over the next decade or so will carry this experience
with them – it is an experience no participant can forget.”
A quote from Vice Admiral Tim Barrett AO, CSC, RAN– the Chief of Navy:
“You cannot help but be affected by participation in these conferences. The stories of
abuse are profound. The failure to act and to support our people is shameful. But it
provides an imperative and resolve to change things for good; we must not squander
this opportunity.”
4 National Circuit, BARTON ACT 2600  Telephone: (02) 6141 4550  Email: DART@ag.gov.au
10
Participation by individual Defence representatives in conferences has been described by
complainants and Facilitators as outstanding. It is hard to imagine a more earnest, caring
and motivated group of leaders. They have approached participation in conferences in a
conscientious, compassionate and deeply respectful way.
80% of Defence representatives have returned feedback surveys to the Taskforce. Through
those surveys, and via verbal feedback, they report that their experience of participating in
the Program is a profound and rewarding one, which has:

impacted on them personally and professionally, and positively impacted on their
role as a senior officer in Defence

has enabled a broader level of understanding of the impact of abuse on individuals,
and will assist them to better understand and respond to individuals reporting abuse
in the future

has emphasised the importance for them of ensuring appropriate systems are in
place to respond to abuse, and

has affirmed their resolve to implement cultural change to eliminate abuse within
the organisation.
For many, the exposure to these individual personal stories of abuse is very confronting:
"It took me well out of my comfort zone, and provided a realisation that if
unacceptable practices are not stopped, they can manifest into significant physical
and mental issues."
"It helped me to realise just how important acknowledgement of a failure for
Defence to act and an apology can be in assisting people."
“It reminds me that as a leader I must remain vigilant and put in steps to prevent the
risk of abuse occurring. It reminds me that all cases of abuse must be properly
addressed.”
“It highlighted the enduring nature of cultural deficiencies and their tragic results;
and that this won’t be fixed by a systems approach alone – this requires enduring
personal attention by leaders at all levels.”
4 National Circuit, BARTON ACT 2600  Telephone: (02) 6141 4550  Email: DART@ag.gov.au
11
In addition to the feedback from Defence representatives themselves - we also see evidence
of cultural change in action as a result of Defence involvement in the Program, through
Defence:

implementing new policies (for example in relation to amending service records,
awarding of medals)

giving complainants the opportunity to contribute directly to cultural change
activities, and

through approaching management issues and leadership with the benefit of insight.
IN CONCLUSION
The Restorative Engagement Program is an extraordinary effort by the Australian
Government and Defence to remedy – to the extent possible – organisational failures in
dealing with sexual and physical abuse that has occurred in Defence over the last 50 years.
It applies traditional restorative practice principles in a new and innovative way, necessarily
departing from existing restorative justice approaches.
The Taskforce is collecting feedback from participants, observing conferences, and
undertaking other ongoing Program integrity and evaluation activities.
We believe that the key elements of the Program will be able to be adapted and
implemented in other institutional and community settings.
Whilst the Taskforce is yet to undertake a full analysis of the feedback (and noting we are
approximately half way through the delivery of what we anticipate will ultimately be
approximately 650 to 700 conferences), feedback to date is such that we believe that:

participation for the majority of complainants has been very beneficial and is
meeting (and in many cases exceeding) their expectations, and

the Program is also having a great impact on the 351 trained Defence
representatives – many of whom will comprise the next generation of Defence
leaders – and, as a consequence, make a long-term and lasting contribution to
cultural change in the Australian Defence Force.
Authors: Peta Langeveld, Group Director, Restorative Engagement with Dymphna Lowrey, Special
Advisor Restorative Practice, Defence Abuse Response Taskforce
4 National Circuit, BARTON ACT 2600  Telephone: (02) 6141 4550  Email: DART@ag.gov.au
12