Editors --- "The Inspector-General of the Australian Defence Force" [2003] AdminRw 16; (2003) 55 Admin Review 53

• The Inspector-General of the Australian Defence Force

---

The Inspector-General of the Australian Defence Force

On 13 January 2003 Mr Geoffrey Earley AM was appointed Inspector-General of the Australian Defence Force. His appointment was in response to one of the primary recommendations of Justice Burchett’s report of his 2001 inquiry into military justice, which set out to establish whether or not there was a culture of systemic avoidance of due disciplinary processes in the Australian Defence Force.

After a number of events involving allegations and complaints of assault by officers and members of A Company, 3rd Battalion, The Royal Australian Regiment, in October 2000 the Chief of the Defence Force noted his intention to appoint an independent Inspector-General of the Australian Defence Force. The office of the Inspector-General was established to allow members of the ADF to take their complaints to an independent body specialising in dealing with ADF complaints about the military justice system.

The Inspector-General reports directly to the Chief of the Defence Force and will provide the chief with internal audit and review of the military justice system independent of the ordinary chain of command. His functions fall into four principal areas:

• investigating complaints involving the military justice system

• auditing military justice arrangements

• providing advice—particularly in relation to the conduct of administrative inquiries

• developing and promoting military justice values.

For the purposes of the Inspector-General’s role and functions, a broad definition of ‘military justice’ is used. It includes matters associated with disciplinary action under the Defence Force Discipline Act 1982, adverse administrative action, and the conduct of administrative inquiries. Within this framework, matters that might be expected to be dealt with by the Inspector-General could, for example, involve avoidance of due process, denial of procedural fairness, abuse of authority, failure to act, victimisation, and related failings in the chain of command (whether of a systemic or an individual nature) that affect ADF personnel.

The Inspector-General will have the power to conduct investigations on his own initiative, as directed by the Chief of the Defence Force, or on request by the Chiefs of the Navy, Army or Air Force. It is intended that the Inspector-General and his staff will conduct their inquiries under the umbrella of the Defence Inquiries Regulations. Amendments to these Regulations are being pursued to specifically take account of the Inspector-General’s responsibilities.

The Inspector-General has a full-time staff of nine military and civilian personnel, including legal officers and service police investigators. These may be supplemented from time to time by part-time staff drawn from the reserve services, whose assistance may be sought to conduct specific inquiries.

Until June 2003 the office of the Inspector-General of the Australian Defence Force was located at Russell Offices, Russell, ACT; it is now located in the RG Casey Building, Barton, ACT.