Inquiry to probe ADF sexual violence as part of sweeping Royal Commission response

An independent inquiry will be set up to examine sexual violence within the Australian Defence Force and serving personnel found guilty of sex offences will face mandatory discharge as part of a significant overhaul of the military to reduce suicide and improve lives.

Three months after the final report was handed down, the Government revealed its response to the Royal Commission into Defence and Veterans’ suicide on Monday.

It agreed fully or in-principle to 104 of the 122 recommendations that prioritise serving and retired members’ mental health, protect victims of sexual violence and misconduct in the military, and support those transitioning to civilian lives.

A new statutory body will be set up within a year to oversee “enduring and systemic reform” to improve suicide prevention, with an interim body to begin work immediately.

Prime Minister Anthony Albanese and Defence Minister Richard Marles both paid tribute to Julie-Ann Finney, who became a leading advocate for reform after losing her son to suicide, and to all the families of the 1677 serving or retired ADF members who committed suicide between 1997 and 2021.

“Lest we forget is Australia’s most solemn promise, a promise to remember the fallen, to honour their sacrifice and care for their loved ones left behind … We owe them more than sentiment,” Mr Albanese said.

“We can’t bring back those that we’ve lost. But we can fight to stem this terrible epidemic and we can strive to bring it to an end.”

A further 17 recommendations were noted and one — which called for the removal of the “service differential” that provides higher compensation for personnel permanently injured during war-like service than those in training exercises — was rejected.

Mr Albanese said it was a longstanding and “important” feature of veterans support.

“And that is why we have made the decision to maintain it,” he said.

A significant portion of the Government’s response related to the entire chapter dedicated to sexual violence and inappropriate behaviour in the military, including establishing an independent inquiry.

Defence Personnel Minister Matt Keogh said the terms of reference and the timing of the inquiry have yet to be determined.

“We’re working through the detail of that, but of course that inquiry will build upon a number of inquiries that were undertaken by the previous Labor Government, and we’ll be able to build upon the work that’s come before them, and we can talk about detail when we launch those inquiries,” he said.

Workplace relations will be strengthened to ensure victims do not have to come into contact with alleged perpetrators during sexual misconduct investigations, and if that person is found guilty, then “where possible and appropriate” victims will not be posted with their perpetrator during the course of their career.

A new directive will be issued by the Chief of the Defence Force providing for “a presumption that anyone in the ADF who is found to have engaged in certain forms of sexual misconduct will be discharged”.

For those found guilty, either in the military justice system or criminal system, there will be a policy of mandatory discharge. That includes for the crimes of stalking and intimate image abuse.

More broadly, there will be a greater onus on preventing sexual misconduct within the military, with a comprehensive strategy to be developed in line with the 10-year plan on ending violence against women and children.

Training on managing sexual misconduct will be mandatory for all leaders and work will be done to foster a stronger culture of reporting unacceptable behaviour.

Mr Albanese said the Royal Commission’s findings had uncovered a real need for the Defence Force to “do better”.

Elsewhere, more work will be done to support serving members unable to be deployed, and those transitioning to civilian lives.

Respect for and recognition of service “should be embedded throughout Defence and DVA”, the Government agreed, and the military is examining ways to better recognise service of members transitioning from service.

The Government agreed “in principle” to establish a new agency focused on veteran wellbeing, “as part of its commitment to ensuring service members are supported through their transition out of the ADF”.

Mr Keogh said establishing the agency recognised the importance of looking after the broader wellbeing needs of the veteran community and their families.

A recommendation to expand and strengthen healthcare services for veterans was simply “noted”.

As part of the Government’s response, the Inspector-General of the ADF will be given greater powers to probe military deaths suspected to be suicides, with the watchdog to regularly review its own inquiries into suicides to determine common themes.

The IGADF will also conduct more frequent military justice-related audits and the body will become more transparent and accountable.

But, while the Royal Commission called for an overhaul of the Inspector General of the ADF, including ensuring the watchdog had not served in the military, the Government only noted this recommendation.

The Government paid tribute to senator Jacqui Lambie, a former soldier who has been a leading advocate for improving outcomes for serving personnel, veterans and their families.

In her own response, Senator Lambie said while there was more work to do this is a “very good start” — especially the new statutory entity.

“These reforms must bring real enduring change. It’s essential that this body is independent and can provide frank and fearless advice to Ministers,” she said.

Defence Chief David Johnston, Defence Secretary Greg Moriarty and DVA secretary Alison Frame said in a shared statement they were “committed” to working with the Government to enact the response and deliver the recommendations.

“We recognise that systemic change is needed with more to be done. The government’s response is our guidance for real, meaningful and enduring reform to not only address suicide in the defence and veteran community, but to improve veteran wellbeing in many other aspects,” they said.

They acknowledged some recommendations are “large, complex and intersecting”.

“Elements of reform will take time and this is the start of a multi-year reform process,” they said.

Lifeline 13 11 14

beyond blue on 1300 22 4636.

If you are a current or former ADF member, or a relative, and need counselling or support, you can contact the Defence All-Hours Support Line on 1800 628 036 or Open Arms on 1800 011 046.