FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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DEFENCE ABUSE RESPONSE TASKFORCE
18 March 2014
Senator the Hon George Brandis QC
Attorney-General
PO Box 6100
Senate
Parliament House
CANBERRA ACT 2600
Senator the Hon David Johnston
Minister for Defence
PO Box 6100
Senate
Parliament House
CANBERRA ACT 2600
Dear Attorney-General and Minister
I am pleased to present the Fifth Interim Report by the Defence Abuse Response Taskforce, in
accordance with the Taskforce Terms of Reference issued in November 2012.
The Report provides an update on the progress that has been made in providing outcomes to
complainants. In particular, this Report provides an update on the progress that has been
made implementing Phase 2 of the Defence Abuse Restorative Engagement Program.
Yours sincerely
The Honourable Len Roberts-Smith RFD, QC
Chair
Defence Abuse Response Taskforce
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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FOREWORD ............................................................................................................................................................ 6
EXECUTIVE SUMMARY ........................................................................................................................................... 9
BACKGROUND ...................................................................................................................................................... 10
TASKFORCE OVERVIEW ........................................................................................................................................ 11
Key Taskforce Milestones ................................................................................................................................ 11
Taskforce Repositioning ................................................................................................................................... 12
Ongoing Operational Capability ....................................................................................................................... 12
ONGOING COMPLAINANT SUPPORTt .................................................................................................................. 14
Contact with complainants to date .................................................................................................................. 14
OUTCOMES AVAILABLE TO COMPLAINANTS ...................................................................................................... 16
I.
II.
III.
IV.
V.
Defence Abuse Reparation Scheme ..................................................................................................... 17
Defence Abuse Restorative Engagement Program .............................................................................. 19
Defence Abuse Counselling Scheme .................................................................................................... 23
Referral to Commonwealth, State and Territory police agencies ........................................................ 24
Referral to Defence for disciplinary, administrative or other action ................................................... 25
BEHIND THE SCENES ............................................................................................................................................. 28
Delivering Results ............................................................................................................................................. 28
Governance ...................................................................................................................................................... 28
Engagement with Defence ............................................................................................................................... 29
On the Restorative Engagement Program...................................................................................................... 29
On Administrative or Disciplinary Action Referrals ........................................................................................ 29
On the Re-thinking Systems Review ............................................................................................................... 30
On Requests for Information .......................................................................................................................... 30
Engagement with Australian Defence Force Investigative Service .................................................................. 31
Engagement with Department of Veterans’ Affairs ......................................................................................... 31
Engagement with police services ..................................................................................................................... 32
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Outcomes Delivery Group ................................................................................................................................ 32
Australian Defence Force Academy and HMAS Leeuwin Group ...................................................................... 33
Australian Defence Force Academy ............................................................................................................... 33
HMAS Leeuwin ............................................................................................................................................... 34
Psychological Support Team ............................................................................................................................ 35
Operations Group ............................................................................................................................................ 35
Taskforce Funding ............................................................................................................................................ 36
Systemic Issues ..................................................................................................................................................... 38
Legacy Issues and Continuing Programs ............................................................................................................... 39
CONCLUSION ........................................................................................................................................................ 40
APPENDICES
Appendix A: Taskforce Terms of Reference .......................................................................................................... 41
Appendix B: Chronology of resourcing activities undertaken by the Taskforce ................................................... 43
Appendix C: Key meetings undertaken by the Taskforce Chair ............................................................................ 45
Appendix D: Organisational Chart ........................................................................................................................ 47
Appendix E: Memorandum of Understanding between the Defence Abuse Response Taskforce and the
Department of Veterans’ Affairs for the exchange of information ...................................................................... 47
Appendix F: The differences between claims to the Defence Abuse Response Taskforce and the Department of
Veterans’ Affairs (DVA) ......................................................................................................................................... 53
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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Foreword
The Fourth Interim Report by the Defence Abuse Response Taskforce (Taskforce) was tabled in Parliament by the
Minister for Defence, Senator the Hon David Johnston on 12 December 2013. It was tabled shortly after the first
anniversary of the establishment of the Taskforce and provided an overview of the Taskforce’s major
achievements over 12 months of operation.
The Fourth Interim Report also outlined the important steps taken to strengthen the Programs developed and
implemented by the Taskforce (including three national Commonwealth Programs) and to increase efficiency in
providing outcomes to complainants.
In the three months since the last Report was tabled, the Minister for Defence has announced that the Taskforce
has been extended to 30 November 2014. As the Taskforce works towards this deadline, it is evident that a
number of the Programs will need to continue after this date until all 2400 complainants have received their
individual outcomes. Further information about the approach to be taken in relation to these ‘Legacy Issues’
and continuing programs will be provided at a later date.
The purpose of this Report is to provide an update on the progress that has been made in delivering outcomes to
complainants.
In consultation with the complainant, the Taskforce determines which of the five separate outcomes (largely
unrelated) will be progressed in each individual matter. This means the work of the Taskforce involves possibly
determining a maximum of 12,000 separate, individual outcomes. Estimates based on outcomes being accessed
place the number of individual outcomes to be delivered by the Taskforce projected to be between 4000 and
5000.
As at 3 March 2014, the Taskforce had made 326 Reparation Payments totalling in excess of $13.915 million. It
has referred to 131 complainants to counselling under interim arrangements in place while the tender process
for the nationwide Defence Abuse Counselling Scheme is finalised.
The Taskforce continues to work closely with policing agencies to ensure that cases referred are dealt with
appropriately. As at 3 March 2014, 39 cases had been referred to State and Territory police.
Phase 1 of the Defence Abuse Restorative Engagement Program is now complete. Under this phase, the
Taskforce arranged 14 Restorative Engagement Conferences and one follow-up conference between
complainants and senior Defence leaders, including the Chief of the Defence Force (CDF) and the Chiefs of Army,
Air Force and Navy.
The success of the first phase of the Defence Abuse Restorative Engagement Program would not have been
possible without the support of the senior leaders of the Defence Force who have participated in Restorative
Engagement Conferences, and the personnel working in Defence’s Organisational Response Unit (ORU).
The Taskforce has held a number of Defence Preparatory Sessions to prepare Defence representatives from
across Army, Air Force, Navy and the Department of Defence to participate in Phase 2 of the Restorative
Engagement Program. Further sessions will be held later this year.
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As noted in earlier reports, complainants had until 30 November 2013 to provide their Personal Accounts Forms
and other documentation to the Taskforce. Many complainants provided hundreds of documents in support of
their complaint. In cases where a complaint was previously made to DLA Piper, this includes considering the
assessment and recommendations made by that review. The Taskforce is also working closely with Defence to
verify and retrieve further supporting documentation where necessary.
The Taskforce not only assesses whether a complaint is in scope and plausible, but also which of the five
outcomes offered by the Taskforce are suitable and can be provided to each individual complainant. This means
that each complaint could potentially receive five outcomes. Individual complaints could not be assessed to
completion until all documentation relating to them was received.
I understand that waiting to hear the result of the assessment process can be distressing for complainants. The
Taskforce is working as quickly as possible to assess all 2400 complaints and provide information to complainants
about their matter. We remain focused on providing outcomes to complainants as efficiently and effectively as
possible.
The Complainant Support Group continues to play a vital role in this process by providing support directly to
complainants as they progress towards an outcome. The Complainant Support Group is the only Group that
deals directly with complainants. Many members of this Group are trained social workers.
Each member of the Complainant Support Group has a caseload of between 80 to 100 complainants who they
assist on a daily basis. Assistance provided includes: working with individuals who find it difficult sharing their
account of abuse, especially where they have never shared their experience before; working with individuals
who need urgent counselling and support; discussing available outcomes with individuals; working with
complainants to ensure they understand the requirements on them with each outcome sought and assisting
them through each outcome process until completion.
With each member of the Complainant Support Group having a caseload of between 80 -100 complainants who
they are responsible for until their outcomes are finalised, at least 30 staff are needed to work with the 2400
registered complainants. These staff need to be experienced in dealing with people who have suffered abuse
and trauma.
The Group is currently under-staffed. The Taskforce commenced a recruitment process last year to rectify this,
however, due to the Caretaker period, change of Government and the Australian Public Service hiring freeze,
progress in this recruitment has been delayed by months.
The lack of human resources in the Complainant Support Group, as well as a number of other areas, has
hampered the Taskforce's ability to assess and contact complainants as quickly as we would have liked.
Despite these staffing pressures, the Taskforce has made significant progress in assessing complaints, with 1208
complaints assessed as at 3 March 2014.
One of the potential outcomes provided by the Taskforce is referral of a matter to Defence for consideration of
administrative or disciplinary action. Where a complainant agrees to this referral, the complainant’s Case
Coordinator will clearly explain that once referred, it is for Defence to decide whether or not to undertake
administrative or disciplinary action. This Report provides further details about the challenges that we have
faced in referring complaints to Defence in circumstances where the complainant does not provide consent.
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As the Taskforce progresses, no doubt further challenges and complexities will arise, and, I would like to take this
opportunity to thank complainants for their patience as we work towards providing individually tailored
outcomes to all registered complainants.
I am heartened that a number of complainants have already provided feedback on the positive impact that the
outcomes provided by the Taskforce have had on their lives.
This has been reinforced in feedback provided after Restorative Engagement Conferences. A number of
complainants have stated that they would like to share their experiences of abuse and subsequent dealings with
the Taskforce as a way to assist in effecting cultural change. Whilst the Taskforce may not be able to produce a
report containing all of the stories complainants may wish to share, we are examining ways in which to include
de-identified personal accounts of abuse in upcoming reports. These accounts will be published only where the
complainant provides consent.
Many of the personal accounts are extremely powerful and provide important insights into the impact that
abuse can have on an individual’s life, and the harm that is caused by an institutional failure to recognise this
impact.
The Taskforce recognises its important obligation to provide Defence and the public at large with information
about systemic issues arising from the complaints that it has received and the assessments and
recommendations made in the DLA Piper Review.
Now that all information has been collected from complainants, it is possible to more substantially develop this
systemic analysis. The Taskforce intends to provide systemic analysis in future interim reports and a complete
systemic analysis report will be provided with the final report to the Minister for Defence and Attorney-General.
The Honourable Len Roberts-Smith RFD, QC
Chair
Defence Abuse Response Taskforce
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Executive Summary
The Taskforce was established as part of the Government’s response to the DLA Piper Review into allegations of
sexual and other abuse in Defence, which was announced on 26 November 2012.
During the period covered by this Report, the Taskforce has:

continued to support complainants as their matters progress through various Taskforce processes to
resolution;

made significant progress in assessing complaints to determine whether they are in scope for the
purposes of the Taskforce Terms of Reference and are plausible;

provided outcomes to complainants of abuse in Defence through its innovative National Programs;

completed Phase 1 of the Defence Abuse Restorative Engagement Program;

concluded evaluation of Phase 1 of the Defence Abuse Restorative Engagement Program;

delivered Preparatory Sessions to more than 80 senior Defence representatives who will take part in
Phase 2 of the Defence Abuse Restorative Engagement Program;

assessed applications for Reparation Payments, made recommendations to the independent Reparation
Payments Assessor, and made payments to complainants;

provided counselling to complainants through provider Davidson Trahaire Corpsych Pty Limited;

continued to work closely with Commonwealth, State and Territory policing agencies to ensure that
matters referred to police for consideration are dealt with as a matter of priority;

assessed allegations which could involve administrative or disciplinary action for possible referral to
Defence;

further strengthened the Taskforce’s governance framework to support the present and future needs of
the Taskforce;

continued collecting and analysing data through the Taskforce’s Case Management System to better
inform the Taskforce, the Government and Defence, about wider systemic issues; and

continued to refine the timeframe and budget forecasting required to complete the Taskforce’s work
and deliver the required outcomes.
The Taskforce has made this progress despite the variety of human resourcing challenges arising due to the
delays surrounding the Caretaker period and Federal election, as well as the Australian Public Service hiring
freeze.
Despite these pressures, Taskforce staff remain focussed on providing extensive, one-to-one support to
complainants and effectively delivering the Programs that the Taskforce has developed.
Each member of the Taskforce is committed to ensuring that assessments and outcomes are completed as
quickly as possible and that each complainant is dealt with in a caring and professional manner.
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Background
The Taskforce was established on 26 November 2012 as part of the Government’s response to the DLA Piper
Review into allegations of sexual and other forms of abuse in Defence.
The scope of the work of the Taskforce is guided by these recommendations and by the Taskforce Terms of
Reference (Appendix A).
The Taskforce was established to assess and respond to individual cases of abuse in Defence occurring before 11
April 2011. This means that the fundamental work of the Taskforce is to determine, in close consultation with
complainants, the most appropriate outcomes in individual cases.
The outcomes provided by the Taskforce include:

a referral to counselling under the nationwide Defence Abuse Counselling Program;

a Reparation Payment of up to $50,000 under the Defence Abuse Reparation Scheme;

referral of appropriate matters to police or military justice authorities for formal criminal investigation
and assessment for prosecution;

referral to the Chief of the Defence Force for administrative or disciplinary action; and

a Restorative Engagement Conference, with a senior Defence representative.
On 12 December 2013, the Minister for Defence, Senator the Hon David Johnston, tabled the Taskforce’s Fourth
Interim Report in Parliament.
On 19 February 2014, the Taskforce received written agreement from the Minister for Defence and AttorneyGeneral to extend the Taskforce’s period of operation to 30 November 2014. This will ensure that all outcomes
for complainants can be determined prior to then, and therefore enable the continuing delivery of outcomes to
complainants and continuation of Programs following that date.
Further information about the work of the Taskforce is available in the previous parliamentary reports, which are
available for download on the Taskforce’s website at <www.defenceabusetaskforce.gov.au>.
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Taskforce Overview
A significant aspect of the Taskforce’s work is delivering outcomes through the unique National Programs it has
developed. The Taskforce continues to develop and refine new processes to streamline the delivery of these
outcomes.
Each of the three National Programs developed by the Taskforce is underpinned by comprehensive project
management plans and logistics documentation.
The Taskforce continues to implement and refine its governance framework in accordance with the Department
of Finance and Australian National Audit Office Better Practice Guide.
The Taskforce continues to identify potential benefits and costs associated with activities contributing to
meeting outcome delivery objectives. On a quarterly basis, the Taskforce’s Leadership Group reviews the risk
profile of the activities of the Taskforce and the steps necessary to mitigate these risks.
Key Taskforce Milestones
On 19 February 2014, the Taskforce received written agreement from the Minister for Defence and AttorneyGeneral to extend the Taskforce’s period of operation to 30 November 2014.
It is evident that some Programs will need to continue after 30 November 2014 in order to provide all of the
outcomes requested by each complainant. The Taskforce is considering what ongoing actions and outstanding
matters will need to occur after this date. These issues have been referred to in previous reports as ‘legacy
issues’. We will continue to provide information about these legacy issues and continuing Programs in future
reports.
One of the Programs likely to continue after 30 November 2014 is the Defence Abuse Restorative Engagement
Program. The Taskforce has completed Phase 1 of the Restorative Engagement Program. However, Phase 2 will
require significant logistical, administrative and specialised resources in order to provide Restorative
Engagement Conferences to the anticipated 1000 plus complainants who request this as an outcome. This
Report contains detailed information about the conclusion of Phase 1 and the steps that have been taken so far
to implement Phase 2.
This Report outlines the factors that have had an impact on the Taskforce’s ability to undertake assessments and
provide outcomes as quickly as we would have liked. While the Taskforce has made substantial progress in spite
of resource pressures, they have caused significant delays in providing outcomes to complainants.
A chronology of resourcing activities undertaken by the Taskforce is available at Appendix B. As this chronology
demonstrates, significant delays arose as a result of the Caretaker period, which commenced on 5 August 2013.
On 31 October 2013, the Minister Assisting the Prime Minister, Senator the Hon Eric Abetz announced new
interim recruiting arrangements with the Australian Public Service (APS) to help meet the Government’s election
commitment to reduce the public service by 12,000 employees through natural attrition.
Under these arrangements, APS departments and agencies were advised that recruitment activity was to cease
unless an offer had already been made to a suitable candidate. It was not until 22 November 2013 that the
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Attorney-General’s Department received a partial exemption to allow the Taskforce to extend its non-ongoing
contracts and provide for some new contracts.
Taskforce Repositioning
The Fourth Interim Report provided information about changes made to the organisational structure of the
Taskforce in order to increase efficiency and reduce operational overlap. A copy of the updated Taskforce
Organisational Chart can be found at Appendix D.
The key changes relate to the division of responsibilities between the operational groups and the corporate
service areas, primarily for quality assurance purposes.
The structure ensures the Taskforce groups responsible for facilitating and delivering outcomes to complainants
are well supported by the corporate services groups, and allows for clear lines of reporting to the Executive
Director.
Further refinements include:

combining the legal section and strategic coordination sections; and

appointing a Special Counsel with responsibility for streamlining the assessment process.
The changes made to the Taskforce’s organisational structure will ensure that complaints are dealt with
efficiently, while ensuring the continued quality of the assessments. Further refinements will be considered to
ensure Taskforce processes and resources are appropriately placed throughout the life of the Taskforce.
Ongoing Operational Capability
At this stage of the Taskforce, it is critically important to take steps to ensure that high quality and timely
outcomes can continue to be delivered both during the life of the Taskforce itself, and throughout the lifetime of
the three Program areas. These three Program areas deliver the Defence Abuse Restorative Engagement
Program, make Reparation Payments under the Defence Abuse Reparation Scheme and arrange for counselling
around Australia through the Defence Abuse Counselling Scheme.
There are three main risks to this in the current environment.
First, the skills and experience needed to operate the diversity of Programs and services under the Taskforce are
not easily found, certainly not at the very high level demonstrated by the current Taskforce workforce.
Second, the Taskforce Programs, particularly the Reparation Scheme and the Restorative Engagement Program,
are unique and so the entire repository of knowledge about these Programs and how they operate rests with the
existing Taskforce workforce.
Third, recent experience with the APS recruitment freeze has demonstrated very clearly that, when staffing
levels in specialised areas cannot be maintained, the skills-shortage and the increased stress on complainants
compounds the impact on the ability of the Taskforce to deliver timely outcomes.
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To mitigate this risk, it will be important for the Government to ensure that, as far as possible, the current
Taskforce workforce is retained through the delivery of the Programs, regardless of which agency of the
Government is ultimately responsible for this. Furthermore, it will be essential that all possible steps are taken
to ensure that, where additional or replacement staff are needed, the Taskforce is able to seek out and engage
those staff quickly.
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Ongoing Complainant Support
“This has been amazing. To have someone acknowledge what I have experienced makes me feel less guilty
to have had all the problems I have had resulting from it over all this time. To hear that the Taskforce has
rated what I experienced as being of the highest category of abuse, to have people listen to me after all
these years and to have my complaint accepted when others would not listen, means so much to me.
Thank you so much.”
Complainant A (2013/1433)
The Complainant Support Group is responsible for contacting all complainants registered with the Taskforce and
providing them with the information and support necessary to assist them with their complaint and enable them
to access outcomes available through the Taskforce.
The Complainant Support Group comprises the Complainant Liaison Team and the Case Coordination Team.
Complainant Support Group staff are experienced in working with people subjected to violence and
discrimination, social disadvantage and trauma.
On 4 October 2013, the Minister for Defence announced that complainants would have until 30 November 2013
to provide all relevant information and documentation to the Taskforce. This deadline was put in place to
ensure that the Taskforce was able to provide outcomes to complainants in a timely manner.
The Complainant Support Group provided support and assistance to complainants to complete their Personal
Account Forms in time for the deadline.
Complainants who were unable to meet this deadline were able to apply for an extension of time. A total of 124
complainants were granted an extension of time to provide their information to the Taskforce.
Contact with complainants to date
As at 3 March 2014, the Taskforce has contacted approximately 2379 complainants. The Taskforce has made
every effort to identify the complainants who have not yet been contacted. In the majority of cases, those
complainants have not responded to the Taskforce’s attempts to contact them or have not provided the
Taskforce with up-to-date contact details.
Although complainants are at different points in the process, generally these contacts include:

advice to complainants that they are registered with the Taskforce;

assistance to complete the Taskforce’s Personal Account Form;

explanations of Taskforce processes and outcomes;
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
advice to complainants that their complaint has been assessed and they are able to proceed to
outcomes;

provision of information regarding relevant outcome options and assistance to access those outcomes;
and

updates on the progress of their complaints.
Once a complainant’s matter has been assessed as plausible and within the Taskforce Terms of Reference, they
are allocated a Case Coordinator who will be their primary contact point through the process.
As at 3 March 2014, approximately 660 complainants had been allocated a Case Coordinator.
Case Coordinators work closely with complainants to assist them to access the outcomes available through the
Taskforce.
Case Coordinators continue to support and provide assistance to complainants until their matter is complete.
This can involve multiple contacts and conversations with complainants providing explanations of processes and
ensuring complainants are ready to access the outcomes available to them.
Due to the number of complaints received by the Taskforce and the necessarily careful approach taken in
assisting and supporting complainants, the Complainant Support Group has seen an increase in waiting times for
complainants to be allocated a Case Coordinator.
The Taskforce acknowledges this Group is under-staffed and is working to bring new staff on board as quickly as
possible.
The Taskforce called for Expressions of Interest in October 2013, which closed prior to the announcement by the
Government of the APS hiring freeze. Following the announcement of these arrangements, the Taskforce had to
put a hold on the recruitment of any new staff. This hampered the ability of the Group to allocate further
complainants to staff, with current staff already holding a caseload of 80 - 100 complainants each.
Following a request for an exemption to the new recruiting arrangement by the Taskforce through the AttorneyGeneral’s Department to the Australian Public Service Commission, the Taskforce was given a partial exemption
from the new arrangements. As a result, the Taskforce now looks forward to hiring new staff for this and other
Groups within the coming months.
In the meantime the Complainant Support Group is working to reduce this waiting time by streamlining its
processes as much as possible to ensure that complainants receive the support and assistance they require in a
timely manner.
For those complainants whose complaints do not fall within the Terms of Reference or are assessed as not
plausible, the Complainant Support Group provides them with information about appropriate agencies or
processes to which they can address their complaint.
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Outcomes Available to Complainants
The Taskforce Assessment Group is responsible for assessing whether a complaint is within scope of the
Taskforce Terms of Reference and, if so, whether or not it is plausible so that the complainant can be provided
with Taskforce outcomes.
The assessment process can take a considerable amount of time to complete.
Some complaints may cover many allegations of abuse, sometimes extending over years of service. Every
allegation must be assessed.
In order to complete an assessment, the Taskforce must review all documentation, including the complainant’s
Personal Account Form and (where the complaint was originally made to that firm in Phase 1 of the Review) any
associated documents from DLA Piper, including their Assessment Notes and recommendations. Many
complainants provided hundreds of documents in support of their complaint. Each page must be reviewed to
determine whether the complaint is in scope and plausible.
In many instances, the Taskforce must request further information from Defence, which is sought in the form of
a Request for Information (RFI). RFIs are often concerned with the service history of all persons involved and
whether any person involved is still serving. The information sought may include medical or disciplinary records.
RFIs can also seek information about Defence management of an alleged incident of abuse.
In some circumstances, the Taskforce also needs to request further information from the complainant.
The Taskforce also provides complainants with the opportunity to have assessments reconsidered where the
complaint - or certain aspects of it - is considered out of scope or not plausible. This can add to the time taken to
finalise assessment. As at 3 March 2014, more than 1208 complaints have been assessed by the Taskforce
Assessment Group.
It is important to note that each complainant might be eligible for up to five outcomes from the Taskforce, which
is the reason the scale of the work being undertaken by the Taskforce is so great.
The Taskforce anticipates that most of its Programs will continue beyond 30 November 2014 in order to provide
the anticipated eligible 2000 or so of the 2400 complainants to the Taskforce with all or some of the five
outcomes available in their individual circumstances.
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I. Defence Abuse Reparation Scheme
“It's so nice that at last people just listened. In the past no-one cared, no-one was interested. I'm just so
happy that people realise that these things happened and that they never should have. The money side is
lovely and I really appreciate it, but you don't know what a thing it is, to have someone acknowledge that
the abuse occurred. It lifts such a burden off you."
Complainant B (2013/1534)
The Fourth Interim Report provided detailed information about the process involved in making a Reparation
Payment under the Defence Abuse Reparation Scheme. In particular, that report provided information about
the role of the independent Reparation Payments Assessor (the Assessor) and the financial implications of
accepting a Reparation Payment.
Since that report, the Taskforce Reparations Group has continued to work closely with the Assessor, Robyn Kruk
AM, to streamline the analysis and briefing process by revising the pro-forma and other tools, including the
standard operating procedures governing the Reparation Group workflow. These new processes and tools have
increased the productivity of the Reparations Group in briefing the Assessor on specific applications for
Reparation Payment.
Payment Process
The Reparations Group has been working closely with other areas in the Taskforce and, in particular, the external
service provider Gallagher Bassett Services, to ensure that the Reparation Payment process is efficient and
effective. Aspects of the payment process have been streamlined, and a number of revisions to the contract
with Gallagher Bassett Services have been implemented to reflect these changes.
On average, once a final Reparation Payment decision has been made by the Assessor, the Reparation Payment
is ordinarily made within 10 days of receipt of the complainant’s Electronic Funds Transfer Request Form.
As at 3 March 2014, the Reparation Payments Assessor has made 395 decisions. Of these:

30 are preliminary decisions where the Assessor is awaiting or considering further information.

365 are final decisions (totalling $15.605 million).
326 of the 365 final decisions have been paid*. A breakdown of the 365 final decisions follows:

230 final decisions to pay $50,000 (Category 4 (Abuse) and Category 5 (Mismanagement)).
o

202 of these 230 decisions have been paid.
6 final decisions to pay $45,000 (Category 4 (Abuse)).
o
6 of these 6 decisions have been paid.
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
90 final decisions to pay $35,000 (Category 3 (Abuse) and Category 5 (Mismanagement)).
o

2 final decisions to pay $30,000 (Category 3 (Abuse)).
o

22 of these 25 decisions have been paid.
1 final decisions to pay $15,000 (Category 2 (Abuse)).
o

2 of these 2 decisions have been paid.
25 final decisions to pay $20,000 (Category 2 (Abuse) and Category 5 (Mismanagement)).
o

84 of these 90 decisions have been paid.
1 of these 1 decisions has been paid.
11 final decisions to pay $10,000 (Category 1 (Abuse) and Category 5 (Mismanagement)).
o
9 of these 11 decisions have been paid.
* The delay between a final payment decision and actual payment is due to the time difference between
the complainant being informed of the final outcome, the complainant’s EFT form being received by the
Taskforce, and the payment being processed.
Although the Taskforce has engaged extensively with the Department of Veterans’ Affairs (DVA) it is important
to highlight that the process of making a Reparation Payment is not the same as the process for making a
compensation claim to DVA.
A complainant should be aware that a decision by the Reparation Payments Assessor to make a Reparation
Payment does not mean that DVA will accept the complainant’s compensation claim. The Taskforce and DVA
have different standards of proof and DVA is required to apply specific legislation that the Taskforce does not
need to consider.
A table detailing the differences between the Taskforce and DVA can be found at Appendix F.
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II. Defence Abuse Restorative Engagement Program
“The restorative conference meetings I have been involved in have been of great benefit to the
complainant and me. It is developing into a very beneficial element in our attempts to address previous
harm. As the number of Australian Defence Force (ADF) participants increase there will also be a wider
benefit to the ADF in the future.”
-
General David Hurley, AC, DSC, Chief of the Defence Force
The Defence Abuse Restorative Engagement Program (Restorative Engagement Program) is the first of its kind to
be developed in Australia and is highly innovative. Although restorative justice and dispute resolution were
influential in the development of the Restorative Engagement Program, it is necessarily different to both of
these models.
All intellectual property in relation to the Restorative Engagement Program belongs to the Commonwealth. The
Taskforce is aware of academic and practitioner interest in the Restorative Engagement Program both within
Australia and internationally.
Implementing the Restorative Engagement Program at a national level has involved a significant amount of
planning and development. The preparation and logistics for involvement of participants, which includes
complainants, their support person, Defence representatives and facilitators, is a large component of the work
of Taskforce staff and has taken considerable time and resources to develop.
The Restorative Engagement Program has the potential to assist complainants in their recovery from the abuse
and its implications. It also serves to build a collective understanding within Defence of the impact that abuse
has on individuals and organisations and it is hoped through this understanding the Restorative Engagement
Program will positively impact Defence culture and eventually employee retention rates in the coming years.
With Phase 1 now complete, the Taskforce is focusing on delivering successful Restorative Engagement
Conferences (conferences) to individuals participating in Phase 2. It is anticipated that approximately 1000
conferences will be held across Australia in Phase 2.
Conclusion of Phase 1 of the Restorative Engagement Program
As the Fourth Interim Report noted, the Restorative Engagement Program is being delivered in two phases.
Phase 1, which is now complete, involved the most senior Defence leaders, including the Chief and Vice-Chief of
the Defence Force (CDF and VCDF), and the Chiefs of Army, Navy, and Air Force.
The majority of conferences were held in Canberra, with only one conference being held elsewhere.
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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Phase 1 conferences covered allegations of physical abuse, sexual abuse, bullying, harassment and
mismanagement by Defence.
A total of 15 conferences were run during Phase 1, comprising 13 conferences, 1 follow-up conference, as well as
1 indirect conference. The final Phase 1 conference was held in December 2013.
Evaluation of Phase 1 of the Restorative Engagement Program
As the Fourth Interim Report noted, the Taskforce has engaged a professorial academic with specialist expertise
in human rights, law and in the field of mediation practice to conduct an evaluation of Phase 1 and present an
Evaluation Report to the Chair of the Taskforce.
An initial draft of this report was presented to the Chair in December 2013. The final Evaluation Report was
delivered in February 2014.
The methodology used in the evaluation of Phase 1 involved the observation of several pre-conference
preparatory meetings between complainants, their support person and the facilitator, as well as the observation
of some pre-conference preparatory meetings between the facilitator and participating Defence representatives.
The evaluation of Phase 1 was also informed by the observation of some conferences. All observations
undertaken occurred with the consent of all participants. Participants also completed a questionnaire to provide
written feedback on their conference experience.
Complainants spoke of feeling believed and validated by the conference process.
The feedback received from complainants participating in the Restorative Engagement Program reinforces that
many complainants are motivated by their desire to build an understanding within Defence of the ongoing and
personal consequences of systemic issues giving rise to abuse.
An overwhelming majority of complainants and Defence representatives in Phase 1 indicated high levels of
satisfaction with their involvement in the Restorative Engagement Program. The facilitators engaged to convene
Phase 1 conferences also spoke highly of their experience.
“I believe the Restorative Engagement Program is immensely powerful. It provides complainants an
opportunity to be heard by today’s and tomorrow’s senior leaders of the ADF. Having their story
listened to and the wrongs acknowledged is clearly cathartic and an important turning point. 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.”
-
Vice Admiral Ray Griggs AO, CSC, Chief of Navy
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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The initial draft Evaluation Report contained recommendations to further inform and strengthen Phase 2 of the
Restorative Engagement Program.
The Taskforce is undertaking the work necessary to implement these recommendations and other learnings
from Phase 1 into Phase 2, which commenced in February 2014 with Phase 1 facilitators, pending finalisation of
contracting around 80 new Phase 2 facilitators.
Implementation of Phase 2 of the Restorative Engagement Program
Phase 2 involves the roll out of the Restorative Engagement Program to a much larger number of complainants
nationally.
It is expected that Phase 2 may involve more than 1000 conferences being held between complainants and
Defence leaders from the Army, Navy, Air Force and the Department of Defence.
The Taskforce has undertaken a tender process in accordance with the Commonwealth government
procurement requirements in order to recruit facilitators across Australia to facilitate conferences. Facilitators
will be accredited to deliver the Restorative Engagement Program following observation of their skills in a
specially designed workshop.
The first Phase 2 conferences were held in February 2014. Phase 2 conferences will be held in locations all
around Australia, both in capital cities and regional centres.
Preparatory Sessions provided to Defence
In anticipation of the high number of participants in Phase 2 of the Restorative Engagement Program, the
Taskforce plans to conduct Defence Preparatory Sessions (Preparatory Sessions) for a large cohort of Defence
representatives so that there is a sufficient number of Defence representatives available to take part.
The Preparatory Sessions that commenced at the end of 2013 were held in Canberra and Sydney with a total
number of 44 representatives attending.
There are a further 18 Preparatory Sessions scheduled for 2014 in Adelaide, Brisbane, Canberra, Melbourne, and
Sydney. These sessions will include around 140 Defence participants, bringing the pool of Defence
Representatives able to participate in conferences to approximately 200. Further sessions for the second half of
the year will be scheduled.
The objective of this specialised preparation is to equip Defence representatives with the theoretical knowledge
and practical skills which will best achieve the purposes of this unique Program.
These Preparatory Sessions provide participants with information on the principles underpinning the Restorative
Engagement Program, including the fundamental principle of ‘do no further harm’ and the principles of traumainformed care. Adhering to these principles ensures that conferences have an enduring positive effect on
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
21
complainants’ wellbeing. To support these concepts, Defence representatives are presented with role-plays that
are designed to demonstrate their role and participation in conferences.
Defence representatives who attend a Preparatory Session, and who may then participate in conferences, are all
of a senior rank. Each must be personally approved for participation by their Service Chief. For Army, only
members of the rank of Colonel and above can participate in the sessions. For Navy it is the rank of Captain and
above, and for Air Force only members at the rank of Group Captain and above can attend. Officers below
Colonel (equivalent) may take part in the Restorative Engagement Program only with the specific approval of the
CDF.
The participation of these senior leaders demonstrates the importance that Defence places on the Restorative
Engagement Program.
As at 3 March 2014, 82 Defence representatives have taken part in the Restorative Engagement Program. This
includes 74 males and eight females, with a Defence service breakdown of 51 Army representatives (48 males
and three females), 21 Navy representatives (19 males and two females), nine Air Force representatives (seven
males and two females) and one female Australian Public Service representative.
Selection of Facilitators
The Taskforce initiated a request for tender to recruit a pool of facilitators nationally. This process attracted a
large number of tenders and the Taskforce is working through the tender evaluation and procurement process in
accordance with Commonwealth government requirements.
Those selected will attend a workshop where they will be observed and assessed during the role-playing
components of the conference process. The assessment component of this workshop has been specifically
designed in accordance with national accreditation standards and will involve an expert in restorative practice
and mediation.
Once accredited, successful applicants will then be given an induction program before being allocated matters
for conferences.
Although the rigorous process of accreditation of facilitators demands a great deal of the Taskforce’s resources,
it is essential to ensuring that the Restorative Engagement Program is delivered consistently and effectively to
complainants.
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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III. Defence Abuse Counselling Scheme
“When I was referred… for one-on-one counselling, it made all the difference. Having a face to talk to
and structure to work by (the PTSD Work Book) has made my illness more manageable, focusing on
day-to-day matters rather than just being given more medication. This has made me feel more in
control…I now know when and why I got PTSD and that it wasn’t my fault and this has made all the
difference, now I have the tools and the one-on-one help to make changes in my life.”
Complainant D (2013/163)
The Taskforce is in the process of procuring counselling services for the nationwide Defence Abuse Counselling
Scheme (Counselling Scheme). As was outlined in the Fourth Interim Report, a Request for Tender was
advertised in September 2013.
Identifying an appropriate service provider to deliver the Counselling Scheme is a complex process. The
Counselling Scheme requires that counselling services be provided across Australia to a large number of
complainants. Evaluation of the tenders received is ongoing.
Nonetheless, the Taskforce is continuing to provide complainants with support through interim arrangements
with counselling provider Davidson Trahaire Corpsych Pty Limited. Complainants receiving support under these
interim arrangements will continue with their current counsellor after the tender process is finalised. This will
ensure continuity of service provision.
The Chair of the Taskforce endorses the provision of counselling for each complainant accessing the counselling
outcome. Under the interim counselling arrangement, a qualified counselling professional from Davidson
Trahaire Corpsych makes contact with the complainant within one working week (or immediately, where
necessary).
Taskforce Case Coordinators are able to indicate a need for emergency or high priority counselling as required,
ensuring vulnerable complainants are provided with immediate, same day support. If a complainant has health
concerns or resides in a remote location, Davidson Trahaire Corpsych is able to provide counselling by telephone
or video conference.
As at 3 March 2014, the Taskforce has referred 101 complainants to counselling under the interim arrangement.
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
23
IV.
Referral to Commonwealth, State and Territory police
agencies
The Fourth Interim Report provided an overview of the role the Taskforce Crime Group and the steps that had
been taken to incorporate the role of the Administrative Action Officer (AAO) into the Crime Group to
accommodate the overlap between civilian criminal law and military justice.
The experienced investigators of the Taskforce Crime Group continue their work of determining whether
matters can be referred to Commonwealth, State and Territory police agencies.
The types of matters being referred to police agencies vary considerably. The Taskforce Crime Group has
identified a range of categories of abuse, including:

unlawful and indecent assault;

threat to kill;

threat to inflict grievous bodily harm;

stalking and intimidation with intent to cause fear;

unlawful and indecent assault;

common assault;

assault occasioning actual bodily harm;

acts of gross indecency on a male;

rape;

burglary with intent to assault; and/or

use of a carriage service to menace, harass or cause offence.
As at 3 March 2014, the Taskforce has referred 39 matters to State and Territory police:

2 have been referred to Western Australia Police;

8 have been referred to Victoria Police;

7 have been referred to Queensland Police Service;

3 have been referred to Northern Territory Police;

5 have been referred to Australian Capital Territory Policing;

12 have been referred to New South Wales Police Force;

1 has been referred to Tasmania Police; and

1 has been referred to South Australia Police.
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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As at 3 March 2014 the Taskforce Crime Group is assessing a further 39 matters.
The Taskforce will refer matters to policing agencies only where complainants want this to occur and provide
consent. The Taskforce is careful to ensure that complainants understand that the relevant policing agency – and
not the Taskforce – will decide whether to pursue an investigation or prosecution in relation to their matter.
Referral to a police agency does not mean a matter will be investigated or prosecuted. The relevant police
agency will conduct an assessment, investigation or prosecution in accordance with its own policies and normal
processes. A different standard of proof is required than that used by the Taskforce in determining whether
outcomes can be offered to complainants and so, one of the decisions a police agency can make is that no
investigation can or should occur into a matter.
The Taskforce will stay in contact with the relevant policing agency to track the progress of each matter it has
referred.
V. Referral to Defence for disciplinary, administrative or other
action
Under the Terms of Reference, one of the outcomes available in certain circumstances is for the Taskforce to
refer a matter to Defence for administrative or disciplinary action.
Under Defence Instructions (General) an administrative or disciplinary action may be imposed when a member
of the ADF’s conduct or performance is “unsatisfactory”. If the Taskforce identifies unsatisfactory conduct that
has not been addressed or has been mismanaged it may refer this to the CDF for him to consider whether
imposing an administrative or disciplinary action is appropriate.
Administrative and disciplinary action can include:

unsuitability reports;

formal warnings;

censures;

change of employment category;

removal of security clearance;

denying or delaying promotion or revocation of provisional promotion;

removal from an appointment or locality, including removal from command;

reduction in rank; and

termination of service.
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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Actions that constitute abuse – including harassment, workplace bullying, discrimination, abuse of power, and so
on – may be appropriate to be referred to Defence for consideration of administrative or disciplinary action.
Where a report of abuse has been mismanaged within Defence, that mismanagement may itself be referred for
administrative or disciplinary action.
Such action is only possible where the alleged abuser is still serving or is an active member of the Reserves.
Ordinarily, a referral will only be made where the complainant has provided consent for the matter to be
referred and understands that as a result he or she is likely to be required to provide a statement to Defence, or
perhaps to be a witness in a more formal administrative or disciplinary process.
A referral does not mean that Defence will investigate or take action, nor does it mean that if Defence does take
such action an administrative or disciplinary sanction will be imposed. Defence will undertake any administrative
or disciplinary action in accordance with its normal processes and the Taskforce ensures that complainants
understand this.
If Defence investigates the matter and decides to undertake administrative or disciplinary action, they must
adhere to their standard procedures and provide procedural fairness to any alleged abuser.
Under the Terms of Reference the Chair considers he has an obligation to inform CDF where a currently serving
alleged abuser is identified who potentially poses an ongoing risk to other currently serving Defence personnel.
Where a complainant does not want their matter referred for administrative or disciplinary action, but the Chair
determines there a risk to currently serving Defence personnel he may still refer the matter notwithstanding the
complainant’s non-consent. The Taskforce understands that this situation presents a number of challenges to
both it and Defence.
While the Taskforce will act in accordance with the requirements of the Privacy Act 1988 in referring such
matters, we recognise that Defence also needs to provide procedural fairness to any alleged abuser named in
such a referral. This may include informing the alleged abuser of the allegations that have been raised by the
complainant.
On 15 November 2013, the Chair of the Taskforce wrote to the CDF to seek Defence’s view on whether
administrative action could be taken (and if so, in what form) without requiring the personal involvement of the
complainant and without affording an alleged abuser procedural fairness.
In responding, Defence accepted that a range of management or administrative actions can be initiated by
commanders or managers for the purpose of the immediate safety or security of personnel, which do not
necessarily require an individual to be notified or provided with the opportunity to comment beforehand. Such
action may include immediate removal from a particular location or duties, including possible suspension. There
may also be a limited range of other management action that can be undertaken based on an individual’s
suitability for a particular role or duties, including additional training.
The Taskforce understands that where administrative action is undertaken for the purposes of sanctioning an
individual, or may result in prejudice to the individual, that individual must be afforded the opportunity to be
heard before such adverse action is imposed.
While a relevant Defence officer may determine that only the substance of the offence need be provided to the
alleged abuser to protect the privacy of the complainant, this exposes Defence to the administrative or
disciplinary action being considered invalid for lack of procedural fairness or for the decision made not having
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
26
met legal requirements. The Taskforce understands that in these circumstances, Defence may be unable to take
any action against the alleged abuser.
Nonetheless, under the Taskforce Terms of Reference, where the Taskforce believes there is a potential ongoing
risk to currently serving Defence personnel, the principled position is that Defence should be made aware of the
details of the alleged abuse.
Where the Taskforce refers a matter concerning a still serving Defence member to a civilian police agency for
consideration of investigation and possible prosecution, the Taskforce will seek that police agency’s view on
whether disclosure of that fact to the CDF would prejudice the investigation. If not, the Taskforce would then
advise the CDF of the referral. In other cases, disclosure to the CDF would be made when operationally possible.
As at 3 March 2014, the Crime Group had referred 6 matters to the CDF for consideration of administrative or
disciplinary action by Defence.
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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Behind the Scenes
Delivering Results
The Taskforce is continuing to focus on developing, procuring and implementing the Restorative Engagement
Program and services it has developed to ensure the outcomes are provided to complainants as efficiently and
effectively as possible.
The Taskforce received approximately 2,400 complaints of abuse in Defence prior to the 31 May 2013 cut-off
date.
As at 3 March 2014, approximately 2379 complainants have been contacted by the Complainant Support Group.
As at this date, more than 1208 complaints have been assessed. Approximately 2,393 complaints have been
recorded in the Taskforce’s Case Management System. The independent Reparation Payments Assessor has
made 395 decisions approving in excess of $15.605 million in Reparation Payments, of which, $13.915 million
has been paid to complainants.
The Taskforce has referred 131 complainants to counselling under interim arrangements in place while the
tender process for the nationwide Defence Abuse Counselling Scheme is being finalised. It has also facilitated 15
Restorative Engagement Conferences under Phase 1 of the Defence Abuse Restorative Engagement Program and
6 under Phase 2.
Governance
The Taskforce continues to focus on providing individually tailored outcomes for complainants. As the Taskforce
progresses the delivery of these outcomes, it must remain responsive to the resourcing needs of the various
outcome groups.
To facilitate this, changes have been made to the Taskforce’s structure to ensure that it continues to conduct its
work in an efficient, fair and effective manner. The Taskforce’s organisation chart reflects these changes
(Appendix D).
The Taskforce continues to carefully assess the need for additional staff, and any recruitment activity is
undertaken after an objective analysis of this requirement. In considering recruitment, the Taskforce undertakes
careful and objective analysis of the role and whether it is critical to the delivery of outcomes contained in the
Taskforce Terms of Reference.
The Taskforce implements the protocols and policies necessary to support the delivery of outcomes to
complainants. The Taskforce is also continuing to develop and refine a range of Protocols and Standard
Operating Procedures that outline protocols and streamline workflows for all groups to assist them to conduct
their work in an efficient, fair and effective manner.
The Taskforce is also subject to regular scrutiny under the Attorney-General’s Department’s Audit and Risk
Management Committee.
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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Engagement with Defence
The Taskforce’s Defence Liaison Unit engages with ORU to ensure information flows from Defence to the
Taskforce in an effective and timely manner.
Over the last three months, the Defence Liaison Unit has increased the amount of contact with the ORU to
successfully complete Taskforce outcomes and to refine processes into 2014.
The Defence Liaison Unit works with the ORU on Taskforce matters concerning Requests for Information (RFIs),
administrative or disciplinary action referrals (including the ‘ADFA 24’ cases), and the Defence Abuse Restorative
Engagement Program.
On 26 February 2014, the Chair of the Taskforce wrote directly to CDF and the Secretary of Defence in relation to
the recommendations made in the DLA Piper Review report, in particular those concerned with the mental
health of former victims of abuse. The Chair also noted DLA Piper’s recommendation that Defence and DVA
consider establishing arrangements for ongoing gathering and exchange of information about abuse in Defence,
including an analysis of records to identify patterns of abuse and high-risk Defence environments. However, he
noted that the steps taken in relation to the Chair’s letter and the DLA Piper Review recommendations more
generally are a matter for Defence and DVA.
The Chair also drew CDF and the Secretary of Defence’s attention to the recommendation that Defence may
itself want to request current and former serving members and staff report abuse and identify alleged abusers
so that this information can be taken into account in operational and management decisions. Again, this is a
matter for Defence rather than the Taskforce.
On the Restorative Engagement Program
The ORU has provided important assistance and feedback on Phase 1 of the Restorative Engagement Program,
and their continued support of the Restorative Engagement Program has progressed into Phase 2.
At the completion of Phase 1, the Taskforce and the ORU examined the feedback provided by complainants
(where necessary for the ORU this feedback was de-identified to protect the privacy of the complainant),
facilitators and Defence representatives who participated in Phase 1 conferences. This feedback has been
invaluable in assisting the Taskforce, in conjunction with the ORU, to continue to make improvements to the
processes involved for implementation of Phase 2. The Defence Liaison Unit and the ORU will continue to adapt
and evolve the processes for this Program where necessary.
On Administrative or Disciplinary Action Referrals
The Defence Liaison Unit and the ORU continue to engage in relation to the processes involved with
administrative or disciplinary action referrals. The ORU has been very supportive of the Taskforce’s requirement
of ensuring that throughout the referral process no further harm occurs to the complainants.
In conjunction with ORU, the Defence Liaison Unit is drafting an Administrative and Disciplinary Action Referral
Liaison Protocol between the Taskforce and the ORU to supplement the Defence Abuse Response
Taskforce/Defence Liaison Protocol. This latter Protocol will ensure that both parties uphold their obligations in
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
29
relation to the care of the complainant, reporting responsibilities, and transparent feedback regarding the status
of each case.
On the Re-thinking Systems of Inquiry, Investigation and Review in Defence Report
The Chair of the Taskforce continues to engage with senior members of Defence regarding the progress of the
‘Re-thinking systems of Inquiry, Investigation and Review in Defence’ Report (‘Re-thinking Systems Review’).
The Chair of the Taskforce wrote to the CDF and the Secretary of Defence requesting a copy of the report on 12
November 2013. The CDF and the Secretary of Defence replied to the Chair on 15 November 2013, indicating
that they had not yet had the opportunity to consider the recommendations and therefore decided it was
inappropriate to provide a copy to the Taskforce until they had.
On 19 December 2013, the Chair wrote again to the CDF and the Secretary of Defence asking that they
reconsider their decision, as consideration of the ‘Re-thinking Systems Review’ is essential for the Chair to give
effect to the Taskforce Terms of Reference relating to the findings of the DLA Piper Review.
On 3 March 2014 the Taskforce Chair met with CDF and the Secretary of the Department of Defence. At that
meeting, they informed the Chair that the ‘Re-thinking Systems Review’ had been to the Chiefs of Staff
Committee recently and they had reached a view on the approach they would take to it. They informed the
Chair that the report and advice about their proposed course of action could therefore be provided to the
Taskforce and would be made available shortly.
On Requests for Information
The Defence Liaison Unit and the ORU liaise daily to ensure the completion of the RFIs to Defence occurs as
quickly as possible.
The ORU is responsive to the requirements of the Taskforce in relation to RFIs, and specifically in relation to
urgent requests. This is vital as we move closer to 31 May 2014, when it is intended all assessments will be
completed.
To accommodate a higher number of assessments being progressed, the Taskforce has refined its RFIs process
and the ORU has responded positively to this. Over the past three months, the average number of days for
Defence to process an RFI has fallen from 32 days to nine days.
From 2 December 2013 to 3 March 2014, the Taskforce has placed 417 RFIs with the ORU seeking both
corporate and individual information. Those 417 RFI’s included 2,458 questions bringing the total number of RFIs
requested to 1,200 and the number of questions to 8,255. Of the total number of RFIs, Defence has provided
complete responses to 953.
In addition to the RFIs sent to the ORU, the Defence Liaison Unit requested an RFI from the Director Inquiries
and Investigations, Inspector-General ADF (IGADF). The IGADF provided a timely response within the time
requested by the Taskforce. The Defence Liaison Unit will continue to engage directly with the IGADF wherever
necessary.
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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Engagement with the Australian Defence Force Investigative Service
The Taskforce continues to liaise with the Australian Defence Force Investigative Service (ADFIS) regarding RFIs
and project Plan Millennium. Plan Millennium is a project initiated by ADFIS and Defence as a result of the DLA
Piper Review.
Air Marshall Binskin, AC has responsibility for Plan Millennium. Accordingly, the Taskforce Chair wrote to the
VCDF on 26 February 2014 requesting advice on the status of Plan Millennium. ADFIS has agreed to notify the
Taskforce when each service’s documents were completed, so the Taskforce could, where appropriate, have the
opportunity to request ADFIS process additional information searches for specific cases.
On 27 February 2014, the Taskforce received a letter from Air Marshall Binskin advising that the cataloguing and
sentencing of Service Police records by ADFIS at Defence Archives, Queanbeyan in New South Wales is now
complete.
Air Marshall Binskin advised that Plan Millennium, having been suspended in April 2013 due to staffing issues,
transitioned to the ADFIS Defence Abuse Response Taskforce Support Task (the Support Task) on 5 August 2013.
As of 29 November 2013, the total combined Service Police records processed under the Support Task was
approximately 63,000.
Air Marshall Binskin also brought to the Chair’s attention that the Support Task had incurred a full cost to
Defence of $808,855.22 comprising personnel costs, supplies and other staffing costs.
The VCDF further advised that as a consequence of this work, Defence has improved the naming convention of
the approximately 63,000 Service Police records that Defence’s responsiveness to security vetting and law
enforcement agency information requirements.
To date the Taskforce has not been required to process any additional requests following the completion of
documents being collated and filed as a result of Plan Millennium.
Engagement with the Department of Veterans’ Affairs
The Taskforce is continuing to work with the Department of Veterans’ Affairs (DVA) to develop information
sharing protocols.
Over the past few months, the Taskforce and DVA have worked together to develop a Memorandum of
Understanding (MOU) providing for the sharing of information between the two parties, which is available at
Appendix E. This MOU was signed by both parties on 1 December 2013 and is now operational.
The MOU constitutes an understanding between the Taskforce and DVA to exchange information relating to the
assessment of allegations of abuse and/or mismanagement in Defence by the Taskforce, and the assessment of
claims by DVA under the Veterans' Entitlements Act 1986, the Military Rehabilitation and Compensation Act
2004 or the Safety, Rehabilitation and Compensation Act 1988.
All information exchanged will be with the written consent of the individual and will be kept confidential and
secure at all times, and both parties are obliged to handle personal information in accordance with the Privacy
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
31
Act 1988 and any other applicable laws. As at 3 March 2014, the Taskforce has received 10 requests for further
information from DVA.
Additionally, the Taskforce has been working with DVA to agree to a process for the provision of information
surrounding systemic and cultural issues that may be relevant to the assessment of DVA claims generally.
It is important to highlight that the Taskforce and DVA perform two separate functions. A table highlighting the
differences between the Taskforce and DVA is Appendix F.
On 26 February 2014, the Chair of the Taskforce met with Senator the Hon Michael Ronaldson, Minister for
Veterans’ Affairs, to discuss a number of issues arising from the work of the Taskforce that relate to DVA. During
this meeting, the Chair informed the Minister that the Taskforce would be preparing over the course of the
coming months a number of reports in relation to systemic issues based upon the data held by the Taskforce.
The Chair noted to both the Minister for Veterans’ Affairs and in a letter to the Secretary of DVA that the
information contained in this statistic analysis may provide a further degree of cogency to an individual’s
application than they are able to provide through their information alone. The Chair acknowledges that it is a
matter for DVA whether or not the department takes account of this information in any particular future
assessments.
Engagement with police services
The Taskforce is working closely with police in all jurisdictions to ensure that matters referred by the Taskforce
are dealt with appropriately.
As noted in the Fourth Interim Report, all matters are referred to police under the National Protocol for the
Dissemination of Information to Commonwealth, State and Territory Police (National Protocol). A revised
National Protocol was circulated to all Commonwealth, State and Territory police agencies for their
consideration on 14 October 2013. The Taskforce is awaiting a response from all agencies and will continue to
refer matters to police in the meantime.
Outcomes Delivery Group
The Outcomes Delivery Group (ODG) is staffed with subject matter experts in procurement, contract,
governance, risk, finance, recruitment and project management.
ODG’s purpose and role is to provide a range of corporate services to assist with the delivery of outcomes
identified in the Taskforce Terms of Reference that:

are compliant with the Financial Management and Accountability Act 1997 and the Commonwealth
Procurement Rules;

are consistent with better practice identified by the Department of Finance and the Australian National
Audit Office;

meet parliamentary and legislative reporting requirements;
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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
achieve effective and efficient results in supporting the Taskforce in the delivery of sound procurement
and project management decision-making;

continue to support the collaborative relationship with the Department of Defence and the AttorneyGeneral’s Department;

underpin the Taskforce’s milestones, including standardisation of Taskforce practices on key
achievements of the group;

adhere to the Taskforce Terms of Reference; and

provide assurance on achieving value for money in Taskforce outcomes.
The ODG continues to develop and refine a compliance framework across the Taskforce, including:

contract management plans to enhance contractual monitoring;

financial management processes;

project management plans;
 provision of specific training to staff on relevant topics such as procurement and contract management,
finance and reporting; and

supporting and encouraging a comprehensive internal audit regime.
Australian Defence Force Academy and HMAS Leeuwin Group
The Taskforce has made significant progress in its consideration of complaints of abuse arising from the
Australian Defence Force Academy (ADFA) and HMAS Leeuwin. Research into allegations of abuse in each of
these establishments is ongoing.
Australian Defence Force Academy
The ‘Australian Defence Force Academy 24’
The Taskforce Terms of Reference require it to assess the “24 Australian Defence Force Academy (ADFA) cases
noted by DLA Piper”. Detailed reports regarding the ‘ADFA 24’ are contained in both the Taskforce’s Third and
Fourth Interim Reports.
The expression the ‘ADFA 24’ refers to 24 allegations of sexual assault alleged to have occurred at ADFA in the
mid-1990s. The Taskforce received six complaints from people whose allegations formed part of the ‘ADFA 24’
cases.
A detailed assessment of these cases was conducted during 2013, and an analysis was provided to the CDF on 16
October 2013. A summary of the conclusions that could be drawn from this analysis is provided in the
Taskforce’s Fourth Interim Report.
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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The Taskforce analysis of the ‘ADFA 24’ cases included recommendations for Defence to consider taking further
action in 13 cases. The Taskforce notes that whether Defence can take further action is affected by whether the
subject of the alleged abuse has provided their consent for Defence to do so. In some cases Defence may decide
that they are not able to take further action because they will not be able to provide procedural fairness to the
alleged abuser. This will be the case where Defence does not have the consent of the subject of the alleged
abuse to provide information to the alleged abuser about the substance of their allegations.
Defence, like the Taskforce, is required to adhere to the Privacy Act 1988 and the Administrative Decisions
(Judicial Review) Act 1977.
The Chair of the Taskforce has requested that the CDF keep him informed about any action that Defence may
take in any of these cases.
Complaints made to the Taskforce about abuse occurring at ADFA
The Taskforce has now received 70 complaints relating to abuse alleged to have occurred at ADFA. The majority
of these complaints have been assessed and referred for appropriate outcomes. As at 3 March 2014,
assessments have been finalised in close to 50 cases.
Reporting on allegations of abuse occurring at ADFA
As noted in the Fourth Interim Report, the Taskforce will produce a de-identified public report regarding abuse
alleged to have occurred at ADFA, including the ‘ADFA 24’ cases.
The Taskforce believes that public reporting regarding the ‘ADFA 24’ cases is important given the level of scrutiny
that these cases have received. Placing the circumstances of these cases on the public record will ensure that
there is clarity about:

the nature of these allegations;

whether any alleged abusers or alleged victims are still serving in Defence; and

the action that was taken at the time, by both civil police and prosecutors and by Defence.
The public report will ensure that no alleged victim or alleged abuser will be able to be identified.
This report will also include an analysis of the complaints to the Taskforce of abuse alleged to have occurred at
ADFA during other time periods.
HMAS Leeuwin
The Taskforce has now received 236 complaints regarding abuse alleged to have occurred at HMAS Leeuwin.
The majority of these complaints have been assessed and referred for appropriate outcomes (assessments have
been finalised in close to 200 complaints, all of which contain one or more plausible allegations of abuse).
The patterns of abuse revealed by these complaints continue to confirm the observations made by the Taskforce
in earlier interim reports.
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Complaints assessed to date include plausible allegations of bullying and harassment, physical abuse, sexual
abuse and sexual harassment. It appears that there was a failure by Defence to address the culture of bullying
and violence that existed at HMAS Leeuwin for many years of its operation. Individual complainants who allege
that they were abused at HMAS Leeuwin continue to report that the abuse that they experienced at HMAS
Leeuwin has had a significant, detrimental and long term impact on their lives.
When all individual complaints of alleged abuse at HMAS Leeuwin have been assessed and referred for
appropriate outcomes, the Taskforce will produce a de-identified public report regarding abuse alleged to have
occurred at HMAS Leeuwin.
Psychological Support Team
Given the nature of the work of the Taskforce and the close involvement of many staff with individual
complainants and their accounts of abuse, the Taskforce particularly recognises the potential risk of vicarious
trauma.
The Psychological Support Team continues to provide a range of services that support staff to review and
enhance self-care strategies to mitigate that risk and ensure their psychological well-being generally.
As its primary function, the Psychological Support Team regularly schedules wellbeing interviews to provide
individual support to staff who are also able to access a Taskforce psychologist on an ‘as needs’ basis.
The Psychological Support Team also advises the Taskforce’s Complainant Support Group in relation to their
contact with complainants including complainants’ ongoing need of counselling.
The Psychological Support Team provides training on issues of relevance to staff of the Taskforce as required, to
enhance resilience and self-care using a range of communication and education strategies.
The psychological support provided to staff is intended to be brief in the sense that it will assist the staff member
to identify and clarify the issue of concern, and then access the appropriate resource needed to resolve or
manage the issue. If psychological therapy or ongoing support is identified, the Taskforce psychologist will
discuss options with the staff member to facilitate the required support.
Operations Group
The Operations Group is responsible for the design, implementation, training and support of the systems and
policies underlying how information is captured by the Taskforce. The Operations Group is focussed on ensuring
the legislative compliance and information quality contained within the Taskforce’s primary information
systems.
The Operations Group makes business improvements to information systems and standardised operational
procedures that are being embedded through training and education delivered to staff.
As the volume of information contained within the Taskforces Case Management System (CMS) and Electronic
Document Management system (TRIM) has increased, the Operations Group has shifted focus toward providing
quality assurance on the information contained as well as the provision of statistics for analysis by the Taskforce
including for the Fifth Interim Report and systemic analysis generally. This focus has generated revised workload
priorities and associated timeframes to assist in the effective and efficient delivery of the Groups’ objectives,
including the reassignment of functions within the team.
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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As at 3 March 2014, there are a total of 91,721 records in TRIM and 33,986 records in the CMS.
The CMS holds the details for approximately 2400 complainants who have lodged a complaint or registered an
intention to lodge. All registrations require careful review to ensure that the information that has been provided
has been data entered and considered so that it can be extracted to assist with Taskforce reporting
requirements.
The CMS allows the Taskforce to cross-reference individuals to allegations of abuse providing the ability to
identify serial perpetrators, investigating officers and supervisors, which is particularly useful in the context of
assessing cases for potential criminal investigations and providing a further understanding of the culture that
enabled abuse to occur.
Taskforce Funding
The Taskforce is administratively housed in the Attorney-General’s Department but all expenses related to the
work of the Taskforce including Reparation Payments are paid for by the Department of Defence.
The Taskforce’s costs are set out in Defence’s Portfolio Budget Statement. This budget has two components.
The first is the Taskforce’s operational budget. The Taskforce’s operational budget for the 2013/14 financial year
is $23.07 million.
A breakdown of the second service delivery component of the Taskforce’s costs for the 2013/14 financial year is
provided in the table below.
TABLE 1: SERVICE DELIVERY BUDGET – 2013/14 FINANCIAL YEAR
Outcome
BUDGET
Reparations
$35,330,000
Counselling
$1,016,400
Restorative Engagement
$1,216,896.53
SUB TOTAL
$37,563,296.53
As at 27 February 2014, the Taskforce’s total expenditure since its establishment was approximately $32.1
million:

$17.2 million, which largely comprises the salaries and other costs relating to its average staffing
level of 115.48 employees; and

$14.9 million on the Defence Abuse Reparation Scheme, the nationwide Defence Abuse Counselling
Scheme and the Defence Abuse Restorative Engagement Program.
Additional funding was approved on 5 September 2013 by the Secretary to the Attorney-General’s Department
and the Secretary to the Department of Defence.
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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The funding arrangements recognise that some Programs to deliver certain outcomes, including the Restorative
Engagement Program, are expected to operate through to December 2015. The forward budget is currently
under review and an evidence-based forecast is being developed with a view to final funding arrangements
being settled in the 2014/15 Budget process.
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Systemic Issues
The Taskforce is considering methodologies which might be used in the analysis of systemic issues. As part of
this analysis, the Taskforce will consider each of the systemic issues identified by the DLA Piper Review and
report on whether it is the Taskforce’s view that they merit further consideration. The Taskforce will also be
analysing the information and documentation provided by all complainants.
The Taskforce Leadership Group considered the possibility of developing a depersonalised database of the
information on the CMS that would be open to the public.
The statistical data and other information in the CMS is highly sensitive and confidential. The database cannot
be used in any way which breaches the Taskforce’s obligation to keep that information confidential or the
complainants’ (or other alleged victims’) or alleged abusers’, rights to privacy.
After substantial consideration, the Leadership Group concluded that it was not possible to depersonalise the
database effectively so that it would permit broader access to the contents. A depersonalised database would
lose too much relevant information – including the relationship between datasets – that would render the
depersonalised database of little or no use.
The Taskforce recognises that the statistical and other information in the CMS is likely to be a valuable resource.
The Taskforce is currently examining ways in which the data may be kept available and utilised as a resource into
the future.
The Taskforce may use a variety of methodologies, including statistical analysis, data mining, random and
targeted sampling, to undertake analysis of systemic issues, which can be included in future Taskforce Interim
Reports.
However, comprehensive analysis will not be publicly available until all complaints are assessed and the
Taskforce has completed its data quality assurance work.
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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Legacy Issues and Continuing Programs
The Taskforce Terms of Reference require the Taskforce Chair to advise the Attorney-General and Minister for
Defence whether, and in what form, the Taskforce should continue after 30 November 2014 and the funding
that would be required. This will enable both Ministers to report to Parliament as appropriate. These
arrangements underpin the Taskforce’s responsibility to assist both Ministers should the Taskforce continue in
effect beyond the extension period.
It is clear at this point that there will be Programs and activities that will need to continue past 30 November
2014, in order for all the outcomes prescribed in the Terms of Reference to be provided to of those of the 2400
complainants who are eligible (which we anticipate to be likely to be around 2000). It is anticipated that after 30
November 2014:

complainants will still be attending counselling sessions arranged under the nationwide Counselling
Scheme;

around 700 complainants will still need to attend a Restorative Engagement Conference under Phase 2
of the Restorative Engagement Program;

administrative staff will be required to oversee financial matters and logistics for counselling and
Restorative Engagement Conferences;

Complainant Support Group will need to continue supporting complainants and responding to their
queries;

there will need to be an analysis of systemic issues as mandated under the current Terms of Reference
once the majority of complaints have been assessed; and

media enquiries and Government reporting requirements need to continue until all work is complete.
In addition, there is a need to consider and make recommendations about how victims of past abuse in Defence
may be encouraged to come forward and be supported, amongst other things. The Taskforce is developing a
formal forward plan for consideration by both Ministers to ensure the smooth delivery of outcomes for
complainants consistent with the Taskforce Terms of Reference.
The Taskforce is actively considering these and other legacy issues, and in particular, is working with veterans
who are seeking to develop a community support program for victims of past abuse in Defence. Consistent with
a number of comments made by complainants to the Taskforce, these discussions have identified ‘grass roots’
community level support for the work of the Taskforce.
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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Conclusion
This Report demonstrates that the Taskforce has made significant progress despite considerable resourcing
issues that have had an impact on the speed with which outcomes can be provided to complainants.
Each member of the Taskforce remains committed to ensuring that the assessment process is completed as
quickly as possible and that complainants are dealt with in a caring and professional manner.
The Taskforce is considering what ongoing actions and outstanding matters may require resolution after 30
November 2014. The approach to be taken in relation to these legacy issues will be discussed in greater detail in
subsequent reports.
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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Appendix A: Taskforce Terms of Reference
DEFENCE ABUSE RESPONSE TASKFORCE
APPOINTMENT OF TASKFORCE CHAIR
AND TASKFORCE TERMS OF REFERENCE
We hereby appoint the Honourable Len Roberts-Smith RFD, QC to lead the Defence Abuse Response Taskforce
to operate in accordance with the following terms of reference as part of the Australian Government’s response to
DLA Piper’s Report of the Review of allegations of sexual and other forms of abuse in the Australian Defence
Force.
The Taskforce is to:
(i)
assess the findings of the DLA Piper review and the material gathered by that review, and any
additional material available to the Taskforce concerning complaints of sexual and other forms of
abuse by Defence personnel alleged to have occurred prior to 11 April 2011,the date of the
announcement of the DLA Piper Review;
(ii)
include in this assessment the 24 Australian Defence Force Academy (ADFA) cases noted by DLA
Piper and the cases of abuse identified by reports into physical violence and bullying at HMAS
Leeuwin, and whether the alleged victims, perpetrators and witnesses in relation to these cases
remain in Defence;
(iii)
determine, in close consultation with those who have made complaints, appropriate actions in
response to those complaints;
(iv)
will also, as appropriate, gather additional information relevant to consideration of the handling of
particular allegations eg relevant records held by Defence
(v)
take account of the rights and interests of alleged victims, accused persons and other parties;
(vi)
liaise with the Minister for Defence, Chief of the Defence Force and the Secretary of the Department
of Defence on any implications of its work for Defence’s ‘Pathway to Change’ and other responses
to the series of reviews into Defence culture and practices in particular the work done by the Sex
Discrimination Commissioner into the Australian Defence Force (ADF) and ADFA;
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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(vii)
report to the Attorney-General and Minister for Defence every 3 months on its progress and issues
arising, including whether the funding it has been provided is adequate so as to enable the
Attorney-General and Minister for Defence to report to Parliament as appropriate
(viii)
report to the Attorney-General and Minister for Defence by October 2013 on whether, in what form,
the Taskforce should continue in effect beyond the initial 12 month period and the funding that
would be required so as to enable the Attorney-General and Minister for Defence to report to
Parliament as appropriate; and
(ix)
to advise whether a Royal Commission would be merited into any categories of allegation raised
with the DLA Piper review or the Taskforce, in particular the 24 ADFA cases.
The terms and conditions of the engagement by the Commonwealth of the Honourable Len Roberts-Smith RFD,
QC are to be governed by an agreement between the Honourable Len Roberts-Smith RFD, QC and Roger Wilkins
AO, Secretary of the Attorney-General’s Department.
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Appendix B: Chronology of resourcing activities undertaken
by the Taskforce
Date
Activity
19 December 2012
Taskforce’s Expression of Interest (EoI) notification for staff recruitment in the
Australian Public Service Gazette (No. PS51 – 19 December 2012).
2 January 2013
Taskforce’s EoI closing date in the Australian Public Service Gazette.
14 June 2013
Counselling Services – Release of Request For Tender (AusTender)
1 July 2013
Counselling Services – Request For Tender (AusTender closing date)
5 August 2013
Caretaker period commences
13 August 2013
Counselling Services – Tender outcome approved by Delegate
5 September 2013
Counselling Services – Release of Request For Tender (AusTender)
7 September 2013
Federal Election
18 September 2013
Restorative Engagement Phase II – Release of Request For Tender (AusTender)
2 October 2013
Counselling Services – Request For Tender (AusTender closing date)
10 October 2013
Taskforce’s EoI notification in the Australian Public Service Gazette (No. PS40 – 10
October 2013)
14 October 2013
Restorative Engagement Phase II – Request For Tender (AusTender closing date)
24 October 2013
Taskforce’s EoI closing date in the Australia Public Service Gazette
31 October 2013
The Minster Assisting the Prime Minister, Senator the Hon Eric Abetz announces
interim new recruiting arrangements within the Australian Public Service (APS) to
help meet the Government’s election commitment to reduce the public service by
12,000 employees through natural attrition. In the first instance, agencies are
required to consult the APS Commission’s redeployment register. For essential
vacancies, where no suitable employee at level is available, within the agency or on
the register, agencies will need to seek the APS Commissioner’s agreement to
advertise. APS departments and agencies have been advised that recruitment
activity underway is to cease, unless an offer has already been made to a suitable
candidate. Similarly, no new non-ongoing arrangements are to commence, or
existing non-ongoing arrangements to be extended, without agency head approval.
22 November 2013
APS Commissioner has given the Department (including the Taskforce) partial
exemption approval to the extension of non-ongoing contracts and new contracts for
the Taskforce. These appointments will be reported on a monthly basis to the APS
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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Commissioner.
14 December 2013
Taskforce’s EoI selection committee report signed by internal delegate.
17 December 2013
EoI process complete (email – DART Recruitment Team)
20 December 2013
Taskforce Centralised Approvals Process for Recruitment Activity (CAPRA) request
formally submitted to the Attorney-General’s Department HR. CAPRA is the
centralised approvals process for recruitment activity. For information, a CAPRA
request is required to formally establish the positions within the Taskforce as the EoI
process was an advertising mechanism to seek suitable candidates to be appointed
within the Taskforce.
31 January 2014
Taskforce’s CAPRA request formally approved by the Attorney-General’s
Department. Approval for Taskforce’s corporate support positions contained in the
CAPRA request pending.
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Appendix C: Key meetings undertaken by the Taskforce Chair
KEY MEETINGS UNDERTAKEN BY THE TASKFORCE CHAIR
6 December 2013
Meeting with the Leadership Group, Mr Rob Cornall, Ms Susan Halliday and Mr
Rudi Lammers at the Attorney-General’s Department, Canberra
9 December 2013
Attended the Taskforce’s Restorative Engagement Program Defence
Representative Preparatory Session, Canberra
13 December 2013
Meeting with Air Marshall Geoff Brown AO, Chief of Air Force, Canberra
Meeting with Professor Andrea Durbach, Canberra
Meeting with Lieutenant General David Morrison AO, Chief of Army, Canberra
16 December 2013
Meeting with Vice Admiral Ray Griggs AO, CSC, Chief of Navy, Canberra
17 December 2013
Meeting with Mr Barry Heffernan, The William Kibby VC Veteran’s Shed,
Canberra
20 December 2013
Meeting with Ms Joanna Kalowski, Sydney
Meeting with Professor Andrea Durbach, Sydney
13 January 2014
Meeting with Mr Dennis Richardson, Secretary of the Department of Defence,
Canberra
Meeting with Air Vice Marshall Tony Needham, AM, Head People Capability,
Canberra
5 February 2014
Meeting with the Leadership Group, Mr Rob Cornall, Ms Susan Halliday and Mr
Rudi Lammers, Canberra
20 February 2014
Attended the Taskforce’s Restorative Engagement Program Defence
Representative Preparatory Session, Melbourne
26 February 2014
Meeting with Senator the Hon Michael Ronaldson, Minister for Veterans’ Affairs,
at Parliament House, Canberra
Attended the Taskforce’s Restorative Engagement Program Defence Preparatory
Session, Canberra
3 March 2014
Meeting with General David Hurley, AC, DSC , Chief of the Defence Force, Mr
Dennis Richardson, Secretary of the Department of Defence and Air Commodore
Henrik Ehlers, at the Department of Defence, Canberra
FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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4 March 2014
Meeting with the Minister for Defence, Senator the Hon David Johnston
6 March 2014
Attended the Taskforce’s Restorative Engagement Program Defence
Representative Preparatory Session, Sydney
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Appendix D: Organisational Chart
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Appendix E: Memorandum of Understanding between the
Defence Abuse Response Taskforce and the Department of
Veterans’ Affairs for the exchange of information
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE DEFENCE ABUSE RESPONSE TASKFORCE
AND THE
DEPARTMENT OF VETERANS’ AFFAIRS
FOR THE
EXCHANGE OF INFORMATION
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1. Parties
1.1. The parties to this Memorandum of Understanding (MoU) are:
1.1.1. the Defence Abuse Response Taskforce (the Taskforce), as represented by the
Attorney-General’s Department of 4 National Circuit, Barton ACT 2600 (ABN 92 661
124 436) and
1.1.2. the Department of Veterans’ Affairs (DVA) of 13 Keltie Street, Woden ACT 2606 (ABN
23 964 290 824),
hereafter referred to as ‘the Parties’.
2. Purpose
2.1. This MoU constitutes an understanding between the Taskforce and DVA to exchange
information relating to:
2.1.1. the assessment of allegations of abuse and/or mismanagement in Defence by the
Taskforce, and
2.1.2. the assessment of claims by DVA under the Veterans’ Entitlements Act 1986 (VEA), the
Military Rehabilitation and Compensation Act 2004 (MRCA) or the Safety, Rehabilitation
and Compensation Act 1988 (SRCA).
3. Period
3.1. This MoU shall commence on the Commencement Date, the date of the last relevant signature
on the Signatures Page, and will terminate when the Taskforce ceases operation unless
terminated by the Parties in accordance with paragraph 14.
4. Legal Effect
4.1. The Parties acknowledge that they are part of the same legal entity, the Commonwealth of
Australia. Accordingly, this MoU has no legal effect. However, the Parties agree to treat this
MoU as if it were a legally binding document.
5. Interpretation
5.1. Unless the contrary intention appears:
“Authority” means the consent form signed (whether in hard copy or electronic format) by a
Complainant/Claimant in which the Complainant/Claimant agrees to one Party disclosing
information relating to that Complainant/Claimant to the other Party and the other Party collecting
and using that information for the purposes as set out in clause 2.1.1 and 2.1.2.
“Claimant” means an individual who has made a claim for benefits or entitlements under the
Veterans’ Entitlements Act 1986 (VEA), the Military Rehabilitation and Compensation Act 2004
(MRCA) and/or the Safety, Rehabilitation and Compensation Act 1988 (SRCA).
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“Complainant” means an individual who has made a complaint about (or who is the alleged victim
of) abuse and/or mismanagement in Defence, who has lodged a complaint with the Taskforce (or
DLA Piper).
“Documents” means documents relating to the determination of claims made under the VEA,
MRCA and the SRCA and documents relating to allegations of abuse and/or mismanagement in
Defence made to either the Taskforce or DLA Piper and includes parts of documents.
“DVA” means the Department of Veterans’ Affairs.
“Taskforce” means the Defence Abuse Response Taskforce established by the Australian
Government in November 2012 in response to the DLA Piper Report of the Review of allegations of
sexual and other forms of abuse in Defence.
“Relevant” means reasonably regarded by both parties as relevant when conducting the work to
which this MoU relates.
6. Principles guiding the MoU
6.1. The principles of this MoU will guide the arrangements between the Taskforce and DVA.
6.1.1.
The Parties desire to establish arrangements in respect of the purpose of this MoU.
6.1.2. The Parties acknowledge that notwithstanding this arrangement, both Parties are
obliged to handle personal information in accordance with the Privacy Act 1988 and any
other applicable laws.
7. Operation
7.1. On receipt of an original authority by the Taskforce, DVA undertakes to provide the Taskforce
with all relevant documents:
7.1.1. These documents may include, but are not limited to, all documents held by DVA
relating to a claim made by a Claimant under the VEA, MRCA and/or the SRCA, where
the Claimant is also the Complainant of an allegation of abuse being assessed by the
Taskforce.
7.2. On receipt of an authority by DVA, the Taskforce undertakes to provide DVA with all relevant
documents:
7.2.1. These documents may include, but are not limited to all documents held by the
Taskforce relating to a complaint in relation to a Complainant whose allegation of abuse
is being assessed by the Taskforce, where the Complainant is also the Claimant under
the VEA, MRCA and/or SRCA.
8. Procedural arrangements
File Request Process where the Taskforce is seeking information from DVA
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8.1. Email from Taskforce Contact Officer to DVA Contact Officer. Email to contain Request for
Information and copy of Authority to Release Information signed by the Complainant.
8.2. Urgent Queries are to be identified as urgent.
8.3. DVA to acknowledge receipt of request within 3 business days.
8.4. DVA to raise any issues regarding consents, file availability, or any other matter that could
delay the release of the files to the Taskforce within 10 business days, where practicable.
8.5. DVA makes the relevant files available to the Taskforce within 20 business days wherever
practicable. Where impracticable, as soon as practicable thereafter.
DVA seeking information from the Taskforce – File Request Process
8.6. Email from DVA Contact Officer to Taskforce Contact Officer. Email to contain Request for
Information and copy of Authority to Release Information signed by the Claimant.
8.7. Urgent Queries are to be identified as urgent.
8.8. Taskforce to acknowledge receipt of request within 3 business days.
8.9. Taskforce will contact the Complainant and confirm their informed consent.
8.10. Taskforce to raise any issues regarding consents, file availability, or any other matter that
could delay the release of the files to DVA within 10 business days, where practicable.
8.11. Taskforce makes the relevant files available to DVA within 20 business days, wherever
practicable. Where impracticable, as soon as practicable thereafter.
9. Legal requirements, Information exchange and confidentiality
9.1. The Parties, in providing and receiving a claimant’s information will keep this information
confidential and secure at all times in accordance with their usual business practices.
9.2. The Parties will comply with obligations imposed by legislation and other requirements
including, but not limited to, the:
9.2.1.
9.2.2.
9.2.3.
Privacy Act 1988
Freedom of Information Act 1982
Archives Act 1983
10. Contact officers
10.1. Senior Legal Officer, Legal and Coordination - The Defence Abuse Response Taskforce
10.2. Director, Liability Determinations, The Department of Veterans’ Affairs
11. Dispute Resolution
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11.1. In the event of any difference or dispute arising out of the interpretation or application of the
provisions of this MoU, both Parties agree that they will endeavour in good faith to resolve
the dispute expeditiously and amicably, using the following procedures:
11.1.1. initial negotiation on the matter in dispute will be undertaken between the contact
officers; and
11.1.2. if not resolved through the initial negotiation, the matter will then be referred for
resolution through negotiation between the signatories to the MoU.
11.2. Despite the existence of a dispute, each party will (unless requested not to do so by the other
party) continue to perform its obligations under this MoU.
12. Variation
12.1. This MoU may only be varied by agreement between the parties in writing.
12.2. Only the Executive Director of the Defence Abuse Response Taskforce may vary this MoU
on behalf of the Taskforce.
12.3. Only the First Assistant Secretary, Rehabilitation and Support Division of the Department of
Veterans’ Affairs may vary this MOU on behalf of DVA.
13. Termination
13.1. Either party may terminate this MoU by giving the other party 28 days prior notice in writing
of its intention to do so.
14. Signatures
Signed for and on behalf of
the Defence Abuse Response Taskforce:
Signed for and on behalf of Department of
Veterans’ Affairs
Executive Director
First Assistant Secretary
Rehabilitation and Support Division
Date:
Date:
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Appendix F: The differences between claims to the Defence
Abuse Response Taskforce and the Department of Veterans’
Affairs
DEFENCE ABUSE RESPONSE TASKFORCE (TASKFORCE)
DEPARTMENT OF VETERANS' AFFAIRS (DVA) CLAIM
Definition
DVA can only provide compensation and/or income
The Taskforce was established by the Australian Government
support for veterans and their families where injury,
to respond to allegations of abuse within Defence. “Abuse”
disease, or death is related to service with the Australian
may or may not result in psychological or physical injury. The
Defence Force.
Taskforce does not pay compensation for injury or loss. There
must be a sufficient connection between the abuse and
Defence.
Legislation
The Taskforce is not supported by any authorising legislation.
DVA entitlements are made under legislation. The four Acts
The Reparations Scheme and all other available outcomes were that provide compensation coverage for current and
established in the exercise of the Executive power.
former members of the ADF are:
 Veterans’ Entitlements Act 1986 (VEA)
 Safety, Rehabilitation and Compensation Act 1988
(SRCA)
 Military Rehabilitation and Compensation Act 2004
(MRCA)
 Defence Act 1903 (DA)
Eligibility
A person who was employed in Defence, and plausibly suffered A range of people may be eligible to claim benefits and
abuse at the hands of another employee of Defence, can make pensions from DVA, including Veterans, current or former
an application for outcomes from the Taskforce. The abuse
serving members and their family or carers depending on
must have been suffered prior to 11 April 2011 and there must the legislation.
be a sufficient connection to Defence.
The tests found in the legislation, and applied by DVA,
‘Plausibly’ means that the allegation has the appearance of
require a higher standard of proof including the ‘balance of
reasonableness.
probabilities’ and ‘beyond reasonable doubt’ depending on
whether the benefits claimed relate to peacetime or
operational service. The test of plausibility, which is
applied by the Taskforce in determining whether or not an
individual is eligible for outcomes, is much easier to meet.
Test
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DEFENCE ABUSE RESPONSE TASKFORCE (TASKFORCE)
DEPARTMENT OF VETERANS' AFFAIRS (DVA) CLAIM
Before the Taskforce can consider what outcomes might be
available to individual complainants, it must be satisfied that
the person plausibly suffered abuse and/or had their allegation
of abuse mismanaged by Defence.
Compensation from DVA is paid where a diagnosed medical
condition can be linked to a service-related incident. This
link must be established according to statutory tests which
are found in the VEA, SRCA, MRCA and DA.
Acceptance of an allegation by the Taskforce does not depend
upon proving a diagnosed medical condition, nor any other
consequence of the abuse.
The legislative tests found in these Acts, and applied by
DVA, require a higher standard of proof than the test of
plausibility which is applied by the Taskforce in determining
whether or not an individual will receive a Reparation
Payment.
Outcomes/Services provided
Outcomes available through the Taskforce include:
 Referral to counselling under the nationwide Defence
Abuse Counselling Scheme.
 Referral of appropriate matters to police or military
justice authorities for formal criminal investigation and
assessment for prosecution.
 Referral to the Chief of the Defence Force for
administrative or disciplinary action.
 Restorative engagement in a conference with a senior
Defence officer under the Defence Abuse Restorative
Engagement Program.
 A Reparation Payment of up to $50 000 under the
Defence Abuse Reparation Scheme.
The information below is not an exhaustive list, however,
outlines some of the benefits and services provided by
DVA:
 Pensions - Income Support, Disability
Compensation
 Compensation following death, War widows and
widowers
 Incapacity Benefits
 Permanent Impairment payments
 Health Care
 Rehabilitation
 Housing - Subsidised loan assistance and insurance
benefits
 Counselling
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FIFTH INTERIM REPORT TO THE ATTORNEY-GENERAL AND MINISTER FOR DEFENCE | MARCH 2014
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