The 2005 Senate Report Into the ADF Disciplinary System

Abstract

This chapter analyses the pivotal report of the Senate Foreign Affairs, Defence and Trade Committee, entitled “The effectiveness of Australia's military justice system” June 2005 (2005 Senate Report) which provided a scathing review of the hesitancy and refusal of the ADF to embrace a civilianisation of the ADF disciplinary system. This chapter examines the investigation by the Senate Committee which found there were significant endemic failures in the military justice system which were endemic to the system and included flawed investigations and prosecution decisions, together with unreasonable denials of access to legal advice to defence members. It was to also find that the failure to establish a Director of Military Prosecutions had contributed to an unsatisfactory military disciplinary system. After a review of the military justice system, the Senate Committee, concluded it was inherently unfair to defence members and recommended the establishment of a permanent Chapter III military court to ensure independence and impartiality from the chain of command.