Military leak forces open report
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A secret military justice review accidentally leaked on a government site this week.
A government review of Australia's military justice system was accidentally published online, forcing the federal government to release it publicly.
The review, led by former federal judge Duncan Kerr SC, found that there is a common perception within the Australian Defence Force (ADF) that the military justice system is too closely connected to senior defence leadership, raising concerns about the system’s independence in investigating misconduct.
The review, which had been withheld by the government for six months, was briefly posted on the website of the Royal Commission into Defence and Veteran Suicide before being taken down.
The accidental release was quickly noted by senators Jacqui Lambie and David Shoebridge, who accused the government of attempting to hide the report’s findings.
Senator Lambie labelled the incident “absolutely disgusting”, arguing that it reflected a broader issue of transparency within the military justice system and the government’s reluctance to confront cultural problems within defence.
“You wonder why you’ve got major problems... The [Chief of Defence] has got control of everything – you wonder why there’s so many cover ups,” she said.
Key findings of the review suggest that the Office of the Inspector-General of the Australian Defence Force (IGADF), which oversees military justice, is perceived to be “umbilically linked” to ADF leadership.
Kerr’s report recommended increasing the independence of the IGADF by enshrining this separation in legislation.
This was necessary to address concerns about the office’s ability to function without undue influence from military commanders, particularly in investigating allegations of misconduct.
Kerr’s review made 47 recommendations, which included protecting the independence of the IGADF by clearly separating it from the command structure of the ADF.
He also proposed appointing two deputy inspectors-general, one to focus on investigating deaths within the ADF and the other to audit military units.
Kerr suggested that the agency should be allowed to initiate its own investigations into alleged misconduct and be equipped to identify cultural risks within defence units before they are deployed.
The review’s findings align with recent conclusions drawn by the Royal Commission into Defence and Veteran Suicide.
The commission warned that the military justice system could be weaponised against ADF personnel, potentially contributing to adverse outcomes for service members. The commission's final report recommended broad reforms to the military justice system to prevent such issues from recurring.
Senator Shoebridge expressed concerns about the government’s decision to remove the review from the royal commission’s website, questioning its commitment to cultural reform within the ADF.
“If that is their position, it’s an incredibly dangerous conclusion,” he said, calling the removal of the report an indication of how fragile the government’s stance on the royal commission's recommendations could be.
Despite the controversy, the government later released the report, with Deputy Prime Minister Richard Marles’ spokesperson confirming that the review’s recommendations were being considered alongside the royal commission’s findings to ensure a “holistic and pragmatic” approach to reform.
The government has committed to implementing the recommendations of the royal commission, which included significant changes to the IGADF and the broader military justice framework.