Afr Force Brief 13 - Defence Home...ALLEGED AND PROVEN SEXUAL INCIDENTS IN THE ADF Key Facts • Defence has a zero tolerance policy towards sexual misconduct. • Defence takes all

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ALLEGED AND PROVEN SEXUAL INCIDENTS IN THE ADF

Key Facts

• Defence has a zero tolerance policy

towards sexual misconduct.

• Defence takes all allegations of

sexual misconduct seriously andwill act on them.

• Where allegations are proven,

Defence will, when justified,

terminate the service of ADF

members.

Key Issues

• From 01 September 2016 to 01

February 2017, two Air Force

members have had their service

terminated for offences relatedto sexual misconduct.

• Defence has clearly articulated its policy about unacceptable behaviour

and made it clear that this behaviour, including sexual misconduct, willnot be tolerated in any form. Any form of sexual misconduct is a serious

concern and Defence has taken steps to reduce incidents of sexualmisconduct through its cultural reform program Pathway to Change.

• Defence uses the term 'sexual misconduct' to describe a range ofbehaviours of a sexual nature that are committed by force or intimidation,

or that are otherwise unwelcome. Sexual misconduct includes, but is notlimited to, sexual discrimination, sexual harassment, sexual offences and

the recording, photographing or transmitting acts of a sexual naturewithout the knowledge and consent of all parties.

• Certain offences committed in Australia, including sexual assault, cannotbe tried by a Service tribunal without the consent of the Commonwealth

Director of Public Prosecutions as per Section 61 of the Defence ForceDiscipline Act 1982. Without this consent, such offences would normally

be referred to the civilian police for action.

Defence Policy

• Defence policy requires that, where a matter is reported to them,

commanders, managers and Defence members immediately report allsexual offences to a relevant Defence investigative authority. Sexual

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offences must be reported to the Australian Defence Force Investigative Service (ADFIS).

As a matter of policy, all sexual offences which occur within Australia are reported by ADFIS to the relevant State or Territory police service. If a sexual offence complaint involves a member of the Defence Force Cadets it must be referred immediately to ADFIS, who refer the matter to the civilian police. Defence does not investigate sexual offences involving cadets because they are not members of the ADF.

As a victim may report directly to the civilian police, rather than to their commander or manager, not all alleged sexual offences are reported to a Defence investigative authority.

There can be situations where, due to the wishes of the victim, no civilian or military investigation is conducted. This applies to the ADF and the community more broadly.

Sexual Misconduct Prevention and Response Office (SeMPRO) The establishment of SeMPRO in July 2013 followed the Review into the

Treatment of Women in the ADF. Under Restricted Disclosure provisions, SeMPRO offers early access to mental health support to those who do not want an investigation into the sexual misconduct but who do want support.

[DEPSEC DP and DGCRR have more detailed briefs about SeMPRO, including current statistics]

Number of dismissals from the ADF on the grounds of sexual offences Termination of service of an ADF member, including on the grounds of

having committed, or allegedly committed, a sexual offence, is a process under law and Defence policy and is a matter for the member’s Chief of Service (or their delegates) under the provisions of Defence legislation and regulations.

Procedural fairness protections are embedded in Defence policies relating to the implementation of procedures under the Defence Force Discipline Act 1982, and the imposition of administrative sanctions, up to and including termination of service, for ADF members

AUTHORISED BY: CONTACT OFFICER: Air Marshal GN Davies Air Commodore Henrik Ehlers Chief of Air Force Director General Personnel – Air Force Date: 17 Feb 17 Date: 13 Feb 17

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BACKGROUND

Decisions regarding the termination of officer cadets and midshipmen at ADFA on the grounds of sexual offences are made by their respective Services.

Unless directed otherwise, the reports on incidents across the ADF include those that may occur at ADFA within the reporting period.

Recording of offences

The information in the Defence PMKeyS database is recorded against the primary reason for discharge under the provisions of the Defence (Personnel) Regulations. There is no facility in the PMKeyS database to record, or easily access, specific information about sexual offences.

The three Services may use different terminology, leading to difficulties in collation and comparison of recording statistics related to termination of service. ADFIS does not maintain figures of personnel dismissed from their respective single Services for offences, sexual or otherwise.

Number of terminations from 01 September 2016 to 01 February 2017

Air Force

Two Air Force members have had their service terminated for offences related to sexual misconduct. Both members had been charged with offences by civilian police and their conduct subsequently became known to Air Force.

Confidential Reporting and SeMPRO

Defence has introduced a confidential reporting option for Defence members of sexual misconduct, known as a ‘restricted disclosure’, where Defence members do not wish to involve their chain of command, or to report the incident to the police. A restricted disclosure can be made directly to SeMPRO, and will not trigger an investigation. The member may convert to an unrestricted report at any time, at which time the matter may then involve ADFIS, Federal/State/Territory police, and/or, chain of command action. SeMPRO will encourage a member making a restricted disclosure to undertake a health assessment as soon as practicable (within 24 hours) following their disclosure, to ensure that they are not in trauma as a result of either the incident of sexual misconduct, or as a result of making the disclosure.

SeMPRO will generally not be able to accept a restricted disclosure, due to the circumstances of the incident and Defence’s obligations, if:

o the member is younger than 18 years of age

o there is evidence of serious or imminent threat to the life or health of the member orothers

o the incident is already known, eg to the commander/managers/ADFIS, civilian police, orthe incident is otherwise in the public domain, including social media, or

o it is required to be disclosed by law such as a court order.


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offences must be reported to the Australian Defence Force Investigative Service (ADFIS). As a matter of policy, all sexual offences which occur within Australia are reported by ADFIS to the relevant State or Territory police service. If a sexual offence complaint involves a member of the Defence Force Cadets it must be referred immediately to ADFIS, who refer the matter to the civilian police. Defence does not investigate sexual offences involving cadets because they are not members of the ADF. As a victim may report directly to the civilian police, rather than to their commander or manager, not all alleged sexual offences are reported to a Defence investigative authority. There can be situations where, due to the wishes of the victim, no civilian or military investigation is conducted. This applies to the ADF and the community more broadly.

Sexual Misconduct Prevention and Response Office (SeMPRO)The establishment of SeMPRO in July 2013 followed the Review into the Treatment of Women in the ADF. Under Restricted Disclosure provisions, SeMPRO offers early access to mental health support to those who do not want an investigation into the sexual misconduct but who do want support.[DEPSEC DP and DGCRR have more detailed briefs about SeMPRO, including current statistics]

Number of dismissals from the ADF on the grounds of sexual offencesTermination of service of an ADF member, including on the grounds of having committed, or allegedly committed, a sexual offence, is a process under law and Defence policy and is a matter for the member’s Chief of Service (or their delegates) under the provisions of Defence legislation and regulations. Procedural fairness protections are embedded in Defence policies relating to the implementation of procedures under the Defence Force Discipline Act 1982, and the imposition of administrative sanctions, up to and including termination of service, for ADF members

AUTHORISED BY: CONTACT OFFICER:Air Marshal GN Davies Group Captain Wendy GillChief of Air Force Acting Director General Personnel – Air ForceDate: 22 May 17 Date: 11 May 17


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BACKGROUND






Number of terminations from 1 February 2017 to 1 May 2017.

Air ForceFour Air Force members have had their service terminated for offences related to sexual misconduct. Three members had been charged with offences by civilian police and their conduct subsequently became known to Air Force.








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or that are otherwise unwelcome. Sexual misconduct includes, but is not limited to, sexual discrimination, sexual harassment, sexual offences and the recording, photographing or transmitting acts of a sexual nature without the knowledge and consent of all parties.

Certain offences committed in Australia, including sexual assault, cannot be tried by a Service tribunal without the consent of the Commonwealth Director of Public Prosecutions as per Section 61 of the Defence Force Discipline Act 1982. Without this consent, such offences would normally be referred to the civilian police for action.

Defence Policy Defence policy requires that, where a matter is reported to them,

commanders, managers and Defence members immediately report all sexual offences to a relevant Defence investigative authority. Sexual offences must be reported to the Australian Defence Force Investigative Service (ADFIS).




Sexual Misconduct Prevention and Response Office (SeMPRO) The establishment of SeMPRO in July 2013 followed the Review into the

Treatment of Women in the ADF. Under Restricted Disclosure provisions, SeMPRO offers early access to mental health support to those who do not want an investigation into the sexual misconduct but who do want support.

[DEPSEC DP and DGCRR have more detailed briefs about SeMPRO, including current statistics]

Number of dismissals from the ADF on the grounds of sexual offences


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Termination of service of an ADF member, including on the grounds of having committed, or allegedly committed, a sexual offence, is a process under law and Defence policy and is a matter for the member’s Chief of Service (or their delegates) under the provisions of Defence legislation and regulations. Procedural fairness protections are embedded in Defence policies relating to the implementation of procedures under the Defence Force Discipline Act 1982, and the imposition of administrative sanctions, up to and including termination of service, for ADF members

AUTHORISED BY: CONTACT OFFICER:Air Marshal GN Davies Air Commodore Henrik EhlersChief of Air Force Director General Personnel – Air ForceDate: 17 Date: 4 Sep 17

BACKGROUND






Number of terminations from 1 May 2017 to 1 August 2017.

Air ForceFour Air Force members have had their service terminated for offences related to sexual misconduct. Two members had been charged with offences by civilian police and their conduct subsequently became known to Air Force. Two members were identified through internal reporting.


Defence has introduced a confidential reporting option for Defence members of sexual misconduct, known as a ‘restricted disclosure’, where Defence members do not wish to involve their chain of command, or to report the incident to the police. A restricted disclosure can be made directly to SeMPRO, and will not trigger an investigation. The member may convert to an unrestricted report at any time, at which time the matter may then involve ADFIS,


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Federal/State/Territory police, and/or, chain of command action. SeMPRO will encourage a member making a restricted disclosure to undertake a health assessment as soon as practicable (within 24 hours) following their disclosure, to ensure that they are not in trauma as a result of either the incident of sexual misconduct, or as a result of making the disclosure.







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31 January 2018 Version 1.0

Key Issues Defence has clearly articulated its policy about unacceptable behaviour

and made it clear that this behaviour, including sexual misconduct, will not be tolerated in any form. Any form of sexual misconduct is a serious concern and Defence has taken steps to reduce incidents of sexual misconduct through its cultural reform program Pathway to Change.

Defence uses the term ‘sexual misconduct’ to describe a range of behaviours of a sexual nature that are committed by force or intimidation, or that are otherwise unwelcome. Sexual misconduct includes, but is not limited to, sexual discrimination, sexual harassment, sexual offences and the recording, photographing or transmitting acts of a sexual nature without the knowledge and consent of all parties.

Certain offences committed in Australia, including sexual assault, cannot be tried by a Service tribunal without the consent of the Commonwealth Director of Public Prosecutions as per Section 61 of the Defence Force Discipline Act 1982. Without this consent, such offences would normally be referred to the civilian police for action.

Defence Policy Defence policy requires that, where a matter is reported to them,

commanders, managers and Defence members immediately report all sexual offences to a relevant Defence investigative authority. Sexual offences must be reported to the Australian Defence Force Investigative Service (ADFIS).




Sexual Misconduct Prevention and Response Office (SeMPRO)


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The establishment of SeMPRO in July 2013 followed the Review into the Treatment of Women in the ADF. Under Restricted Disclosure provisions, SeMPRO offers early access to mental health support to those who do not want an investigation into the sexual misconduct but who do want support.[DEPSEC DP and DGCRR have more detailed briefs about SeMPRO, including current statistics]

Number of dismissals from the ADF on the grounds of sexual offencesTermination of service of an ADF member, including on the grounds of having committed, or allegedly committed, a sexual offence, is a process under law and Defence policy and is a matter for the member’s Chief of Service (or their delegates) under the provisions of Defence legislation and regulations. Procedural fairness protections are embedded in Defence policies relating to the implementation of procedures under the Defence Force Discipline Act 1982, and the imposition of administrative sanctions, up to and including termination of service, for ADF members

BACKGROUND


Unless directed otherwise, the reports on incidents across the ADF include those that may occur at ADFA within the reporting period. Recording of offences



Number of terminations from 1 August 2017 to 1 December 2017

Air ForceOne Air Force member has had their service terminated for offences related to sexual misconduct. This member’s conduct was identified through civil police and internal reporting.The member did not supply a statement of reasons to defend their actions.


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o there is evidence of serious or imminent threat to the life or health of the member or others

o the incident is already known, eg to the commander/managers/ADFIS, civilian police, or the incident is otherwise in the public domain, including social media, or



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ADFIS 027‐18 ALLEGED SEXUAL MISCONDUCT

(Complainant)

(Respondent)

15/10/2017 COMSHORE Conduct ‐ Sexual Misconduct

CIVIL 157‐17 SAILOR CHARGED WITH DUI

(Respondent)

08/04/2017 13/06/2017 0:00 4/8/2017 COMMHP COMMHP Alcohol/drug‐related

CIVIL 167‐17 COMPLAINT OF ALLEGED BREACHES OF THE SEX DISCRIMINATION ACT 1992

Complainant)

(Other)

(Other)

Complaint of alleged breaches of the Sex Disrimination Act 1992

13/04/2017 09/02/2018 0:00 COMSHORE Other

CIVIL 181‐17 UNACCEPTABLE BEHAVIOUR VIA SOCIAL MEDIA INVOLVING MINORS

23/04/2017 DANC Conduct ‐ Sexual Misconduct

CIVIL 287‐17 MID RANGE DUI Did operate a vessel, to wit, 12.8 metre Yacht rego MOBIYN, on waters, to wit, Port Jackson, while there was present in his breath or blood the middle range prescribed concentration of alcohol.

01/07/2017 25/09/2017 0:00 Sydney Downing Centre

725 SQN COMFAA Alcohol/drug‐related

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CIVIL 026‐18 SEXUAL MISCONDUCT AND ARREST

(Respondent)

Sexual Misconduct (child abuse material).

21/01/2018 28/03/2018 0:00 CO Cairns COMSHORE Conduct ‐ Sexual Misconduct

CIVIL 033‐18 MEMBER ARRESTED WHILST ON LEAVE

(respondent)

Assault occasioning Actual Bodily Harm,

27/01/2018 05/03/2018 0:00 Batemans Bay Local Court

COMMHP Conduct ‐ Criminal Offence

CRIMINAL 260‐16 CIVIL CHARGES FOR RA FRAUD

(Respondent)

Civil Criminal Fraud Charges (2) from between Sep 09 to May 12 relating to RA and associated allowances.

21/06/2016 24/07/2018 0:00 ACT Magistrates Court COMSHORE COMSHORE Conduct ‐ Fraud/Dishonesty

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CRIMINAL 417‐17 SERIOUS CRIMINAL CHARGES

(Respondent)

Possession of child exploitation material

19/09/2017 04/04/2018 0:00 Downey Centre, Sydney

CO Kuttabul COMSHORE Conduct ‐ Criminal Offence

CRIMINAL 429‐17 NAVY MEMBER CHARGED WITH CRIMINAL OFFENCES

LEUT (Respondent)

(Complainant)

Assault / Middle Range PCA

01/04/2017 COMSHORE Conduct ‐ Criminal Offence

CRIMINAL 480‐17 INAPPROPRIATE HANDLING, STORAGE AND TRANSPORTATION OF WEAPONS

(Respondent)

04/11/2017 27/11/2017 0:00 COMSURF Security

CRIMINAL 556‐17 MEMBER CHARGED WITH FRAUD

(Respondent)

Three charges of Fraud for dishonestly gain benefit/advantage

14/12/2017 19/02/2018 0:00 CAIRNS MAGISTRATES COURT

CO BENALLA COMMHP

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OTHER 526‐17 POSITIVE PSTP RESULT

(Respondent 06/07/2017 COMSHORE Safety

OTHER 533‐17 CRIMINAL OFFENCE (Complainant)

(Other)

19/09/2017 COMMHP Conduct ‐ Criminal Offence

OTHER 028‐18 SECURITY RELATED INCIDENT

(Respondent)

(Witness)

(Witness)

Safety

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OTHER 031‐18 ALLEGED SEXUAL MISCONDUCT

(Complainant)

COMTRAIN Conduct ‐ Sexual Misconduct

UNACCEPTABLE BEHAVIOUR

362‐17 ALLEGATIONS OF UNACCEPTABLE BEHAVIOUR

(Complainant)(Respondent)

09/06/2017 DANC Conduct ‐ Sexual Misconduct



(Respondent)

(Complainant)

(Complainant)

(Witness)

24/04/2017 COMSHORE COMSHORE Conduct ‐ Bullying



(Respondent)

(Complainant)

Prejudicial Conduct; Engaging in conduct outside the Jervis Bay Territory that is a Territory offence, namely an act of ndecency; Assault Subbordinate.

18/05/2017 13/12/2017 11 00 DFM ‐ Bunbury Room in Training Centre ‐ West ‐ HMAS Stirling

ODMP COMSURF Conduct ‐ Sexual Misconduct


420‐17 CONCERNS THREE FSU‐W SAILORS AT RISK OF SUICIDE

01/09/2017 COMSHORE Self‐harm


422‐17 HARRASSMENT INCIDENT INVOLVING NAVY OFFICER

09/01/2017 Conduct ‐ Harassment


452‐17 ALLEGATIONS OF UNACCEPTABLE BEHAVIOUR (BULLYING)

(Respondent)

(Complainant)

CO Melbourne

CJTG 661.1 Conduct ‐ Bullying

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Last Updated: 22 October 2018 Version 2.1

Since January 2017 the RAN has conducted 20 port visits by ships and submarines and 1 visit by an MH-60R. Just over 2,970 RAN personnel were associated with these visits.

CLEARED BY: CONTACT OFFICER: RADM Jonathan Mead CMDR Ian Campbell COMAUSFLT

FLO

Date: 11 September 2018 Date: 11 September 2018

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Last updated: 19 Feb 2019 Version 1

The US Department of Justice indictment into GDMA interaction with Commander US Seventh Fleet personnel was published as part of the Navy Criminal Investigative Service (NCIS) press release on 9 Mar 17. The indictment referred to an ADF officer’s involvement with initials A.G. There was no mention of a second officer (noting the AFP investigation into two former RAN Officers for alleged involvement).

US media articles in Mar-Apr 18 reported that of the 440 retired and serving personnel initially investigated, 190 remain under US Navy investigation. USN will not disclose how many people have been discharged following the investigation.

In May 18 the ABC released multiple media articles naming Alex Gillett as the ADF officer being investigated; alleging he was deeply ingrained in the conspiracy. In the same article they further alleged the conspiracy dates back a quarter of a century and that the ADF is declining to confirm details.

CLEARED BY: CONTACT OFFICER: CAPT Stephenson CMDR Griffiths DGNCC

DNMC

Date: 15 Feb 2019 Date: 15 Feb 2019

CONSULTED WITH: Mr Michael Porter Assistant Director Investigations, Fraud Control and Investigations Branch

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Documents

Afr Force Brief 13 - Defence Home...ALLEGED AND PROVEN SEXUAL INCIDENTS IN THE ADF Key Facts • Defence has a zero tolerance policy towards sexual misconduct. • Defence takes all