Sources consulted - Department of Defence...Australian Fleet Tactical Publication 1 (C), Australian Fleet General Orders, Chapter 102, 'Discipline and administrative law', 3rd edn,

Sources consulted

The Commission consulted the following sources-in addition to exhibits tendered and evidence given--during the course of its work.

Commonwealth legislation and subordinate legislation

Administrative Decisions (Judicial Review) Act 1977

Australian Human Rights Commission Act 1986

Civil Dispute Resolution Act 201 1

Defence Act 1903

Defence Force Discipline Act 1982

Defence Legislation Amendment Act 1984

Disability Discrimination Act 1992

Freedom of lnfonnation Act 1982

Ombudsman Act 1976

Privacy Act 1988

Public Service Act 1999

Racial Discrimination Act 1975

Sex Discrimination Act 1984

Summary Authority Rules 2007

Regulations

Australian Military Regulations 1927

Defence (Inquiry) Regulations 1985

Defence (Personnel) Regulations 2002

Defence Force Regulations 1952

HMAS Success Commission of Inquiry

Defence Instructions

Defence lnstruction (General) Administration 0-0-001, The System of Defence Instructions, and SoDl diagram from MSPA Division, 26 March 2007

Defence lnstruction (General) Administration 08-1, Public Comment and Dissemination of Official lnformation by Defence Personnel, 5 October 2007

Defence lnstruction (General) Administration 10-8, Conduct Reporting and Tracking System, 10 July 2008

Defence lnstruction (General) Administration 16-26, Management of a Suicidal Episode in the Australian Defence Force, 5 February 2007

Defence lnstruction (General) Administration 23-5, Overseas Visits, 31 October 2000

Defence lnstruction (General) Administration 27-1, Freedom of lnformation Act- Implementation in the Department of Defence, 2 March 1998

Defence lnstruction (General) Administration 34-1, lnquiries into Matters Affecting the Defence Force, 22 August 1986

Defence lnstruction (General) Administration 34-1, lnquiries into Matters Affecting the Defence Force (ALI), 18 April 1990

Defence lnstruction (General) Administration 34-1, lnquiries into Matters Affecting the Defence Force (AL2), 11 November 1993

Defence lnstruction (General) Administration 34-1, lnquiries into Matters Affecting the Defence Force (AL3), 22 July 1997

Defence lnstruction (General) Administration 45-1, Naval Police Coxswains Category, 27 January 2005

Defence lnstruction (General) Administration 45-2, Reporting and Investigation of Alleged Offences within the Australian Defence Organisation, 30 October 2001

Defence lnstruction (General) Administration 45-2, The Reporting and Management of Notifiable Incidents, 26 March 2010

Defence lnstruction (General) Administration 61-1, Inspector-General of the Australian Defence Force--Role Functions and Responsibilities, 27 August 2003

Defence lnstruction (General) Administration 65-1, Administrative Inquiry Tracking, 4 July 2006

Defence lnstruction (General) Administration 67-2, Quick Assessments, 7 August 2007

Part Three: Further Recommendations

Defence lnstruction (General) Personnel 03-04, Termination of Service in the Australian Defence Force, 25 July 201 1

Defence lnstruction (General) Personnel 10-8, Performance Appraisal in the ADF, 21 November 2005

Defence lnstruction (General) Personnel 12-1, General Scope of Legal Assistance Provided to Service Personnel and Legal Aid to Australian Defence Force Members Overseas. 3 October 1996

Defence lnstruction (General) Personnel 15-1, Misuse of Alcohol in the Defence Force, 24 October 1980

Defence lnstruction (General) Personnel 15-2, Involvement by Members of the Australian Defence Force with a Prohibited Substance, 20 June 2005

Defence lnstruction (General) Personnel 15-4, Alcohol Testing in the Australian Defence Force, 14 November 2003

Defence lnstruction (General) Personnel 15-5, Testing for Prohibited Substances in the Australian Defence Force under Part VlllA of the Defence Act 1903, 15 June 2005

Defence lnstruction (General) Personnel 16-20, Privacy of Health Information in Defence, 30 July 2008

Defence lnstruction (General) Personnel 21-1, Political Activities of Defence Personnel, 4 October 2007

Defence lnstruction (General) Personnel 25-5, Employment of Immediate Family Members in the Same Chain of Command and/or Working Environment, 31 May 2000

Defence lnstruction (General) Personnel 30-1, Policy for Placing Civilian Premises out of Bounds or off Limits, 19 December 2002

Defence lnstruction (General) Personnel 32-1, Employment of Women in the Australian Defence Force, 31 January 1994

Defence lnstruction (General) Personnel 32-2, Defence Equity Adviser Network, 17 January 2000

Defence lnstruction (General) Personnel 34-1, Redress of Grievance-Tri-Service Procedures, 31 August 2001

Defence lnstruction (General) Personnel 34-1, Redress of Grievance - Tri-Service Procedures, 8 September 2010


Defence lnstruction (General) Personnel 34-2, Complaints of Discrimination and Harassment through the Human Rights and Equal Opportunity Commission, 18 April 2009

Defence lnstruction (General) Personnel 34-3, Inquiries and Investigations by the Commonwealth Ombudsman and the Defence Force Ombudsman, 10 February 2009

Defence lnstruction (General) Personnel 34-4, Use and Management of Alternative Dispute Resolution in Defence, 27 June 2003

Defence lnstruction (General) Personnel 35-6, Formal Warnings and Censures in the Australian Defence Force, 16 July 2010

Defence lnstruction (General) Personnel 35-2, Application of the Sex Discrimination Act to the Australian Defence Force, 3 November 1986

Defence lnstruction (General) Personnel 35-3, Discrimination, Harassment, Sex Offences, Fraternisation and Other Unacceptable Behaviour in the Australian Defence Force. 25 March 1999

Defence lnstruction (General) Personnel 35-3, Harassment, Discrimination, Fraternisation and Unacceptable Sexual Behaviour in the Australian Defence Force (AL2), 27 May 1996

Defence lnstruction (General) Personnel 35-3. Harassment, Discrimination, Fraternisation and Unacceptable Sexual Behaviour in the Australian Defence Force (AL3), 28 October 1996

Defence lnstruction (General) Personnel 35-3, Management and Reporting of Unacceptable Behaviour, 11 Februaly 2004

Defence lnstruction (General) Personnel 35-3, Management and Reporting of Unacceptable Behaviour, 28 June 2009

Defence lnstruction (General) Personnel 35-3, Unacceptable Behaviour by Members of the Australian Defence Force, 22 June 1992

Defence lnstruction (General) Personnel 35-3, Unacceptable Behaviour by Members of the Australian Defence Force (ALI), 10 November 1994

Defence lnstruction (General) Personnel 35-4, Management and Reporting of Sexual Offences, 11 February 2004

Defence lnstruction (General) Personnel 35-6. Formal Warnings and Censures in the Australian Defence Force, 28 February 2007

Defence lnstruction (General) Personnel 35-7, Defence Equity Adviser Network, 9 May 2003

134 Part Three: Further Recommendations

Defence lnstruction (General) Personnel 45-1, Jurisdiction under Defence Force Discipline Act-Guidance for Military Commanders, 17 February 1999

Defence lnstruction (General) Personnel 45-1, Jurisdiction under DFDA-Guidance for Military Commanders, 17 February 2010

Defence lnstruction (General) Personnel 45-4, Australian Defence Force Prosecution Policy, 29 August 2000

Defence lnstruction (General) Personnel 45-5, Defence Whistleblower Scheme, 1 July 2002

Defence lnstruction (General) Personnel 50-1, Equal Employment Opportunity in the Australian Defence Force, 13 July 1995

Defence lnstruction (General) Personnel 50-1, Equity and Diversity in the Australian Defence Force, 7 February 2000

Defence lnstruction (General) Personnel 50-1, Equity and Diversity in the Australian Defence Force, 18 October 2001

Defence lnstruction (General) Personnel 54-1, Royal Australian Navy Divisional System and Management of Royal Australian Navy Members in Defence, 13 December 2005

Defence lnstruction (General) Personnel 55-4. Reporting, Recording and Dealing with Civil Offences, Service and Civil Convictions and Diversionary Programs, 25 November 2006

Defence lnstruction (General) Personnel XX-X, Legal Assistance to ADF Members, draft, undated

Defence lnstruction (Navy) Administration 18-3, Reports of Proceedings, Haul-down and Operational Reports, 22 September 2005

Defence lnstruction (Navy) Administration 18-3, Reports of Proceedings, Haul-down and Operational Reports, 2 May 2010

Defence lnstruction (Navy) Administration 30-1, Command, 28 November 2001

Defence lnstruction (Navy) Administration 30-3, Instructions to the Commanding Officer, 12 November 2002

Defence lnstruction (Navy) Administration 30-4, Instructions to the Executive Officer, 24 October 2007

Defence lnstruction (Navy) Administration 37-9, Navy Governance, 9 December 2003

Defence lnstruction (Navy) Administration 9-2, Ships Fund. 15 May 2002


Defence lnstruction (Navy) Personnel 13-1, Illegal Use of Drugs and Drug Education in the Royal Australian Navy, 29 June 2005

Defence lnstruction (Navy) Personnel 2-4, Royal Australian Navy Policy on Mentoring and Coaching (Draft), June 2006

Defence lnstruction (Navy) Personnel 31-51, Alcohol Testing in the Royal Australian Navy, 12 December 2003

Defence lnstruction (Navy) Personnel 31-9, Management of Alcohol and the Prevention and Management of Alcohol Abuse in the Royal Australian Navy, 16 April 2002

Defence lnstruction (Navy) Personnel 62-1, Religion and Chaplains in the Royal Australian Navy, 24 January 2006

Defence lnstruction (Navy) Personnel 90-4, Legal Counselling, 20 August 1996

Defence directives, standing instructions, memorandums, general orders, other orders and minutes

Australian Book of Reference 10, Chapter 3, 'Instructions to sailors', 2nd edn, September 2008

Australian Book of Reference 10, Chapter 3, 'Instructions to sailors', 3rd edn, July 2009

Australian Book of Reference 6289-Royal Australian Navy Officers Career Management Manual, Chapter 12, 'Performance appraisal', 3rd edn, 18 July 2006

Australian Defence Force lnvestigative Service Standing Instruction, Executive 0-1 System of lnstruction within the ADFIS, 1 February 2010

Australian Defence Force lnvestigative Service Standing lnstruction OPS 3-1/2008, 29 January 2008

Australian Defence Force lnvestigative Service Standing lnstruction 7-2, ADFIS Technical Development Program, 26 February 2010

Australian Fleet Memorandum, 01/10, Commanding Officer's Authority to Restrict Leave, 5 March 201 0

Australian Fleet Memorandum 1411 1, Reporting, Managing and Investigating DFDA Breaches, Unacceptable Behaviour, Serious Offences and Serious Misconduct, 11 June2011

Australian Fleet Memorandum 211 1, Suspension from Duty under the Defence Force Discipline Act 1982, 24 January 201 1


Australian Fleet Memorandum 21/09, Responsibilities of ADF MemberslDefence Employees who Supervise RAN Members Issued with a Notice to Show Cause or Chargedllnfringed for a Disciplinary Offence, 15 May 2009

Australian Fleet Memorandum 24-1 1, HMAS Success Commission of Inquiry- Department Management Audits Checklist Amendments, 23 September 201 1

Australian Fleet Memorandum 43/09, Administrative Consequences for Unacceptable Alcohol-related Behaviour, 10 August 2009

Australian Fleet Memorandum 5711 0, Revised Policy-Commanding Officer's Authority to Restrict Leave and to Impose Conditions on Leave, 29 October 2010

Australian Fleet Tactical Publication 1(B), Annex A to Chapter 101, 'Duties of a ships warrant officer', 2nd edn, June 2006

Australian Fleet Tactical Publication 1 (B), Australian Fleet General Orders, Chapter 102, 'Discipline and administrative law', 2nd edn, September 2008

Australian Fleet Tactical Publication 1(B), Australian Fleet General Orders, Chapter 305, 'Personnel administration', 2nd edn, September 2008

Australian Fleet Tactical Publication 1 (B), Australian Fleet General Orders, Chapter 401, 'Whole ship management and organisation', 2nd edn, September 2008

Australian Fleet Tactical Publication 1(B), Australian Fleet General Orders, 'Letter of Promulgation', 2nd edn, October 2008

Australian Fleet Tactical Publication 1(B), Chapter 401, 'Organisation (coxswain and whole ship coordinator)', 2nd edn, June 2006, pp. 4-5

Australian Fleet Tactical Publication 1 (C), Australian Fleet General Orders, Chapter 102, 'Discipline and administrative law', 3rd edn, June 2009

Australian Fleet Tactical Publication 1 (C), Australian Fleet General Orders, Chapter 305, 'Personnel administration', 3rd edn, June 2009

Australian Fleet Tactical Publication 1(C), Australian Fleet General Orders, Chapter 401, 'Whole ship management and organisation', 3rd edn, June 2009

Australian Fleet Tactical Publication 1 (C), Australian Fleet General Orders, 'Letter of Promulgation', 3rd edn, June 2009

Chief of Air Force Directive 0412006, Management of ADF Members under Investigation, 24 August 2006

Chief of Army Directive 1711 1, Formation of the Army Administrative Inquiries Cell, 16 August 201 1


Chief of Army Directive 27109, Management of ADF Members and Defence APS Personnel within Army who are under investigationllnquiry or Facing Administrative Disciplinary Action, 7 July 2009

Chief of Navy Minute (CNlOUTl20091219), Responsibilities of ADF MemberslDefence Employees who Supervise RAN Members Issued with a Notice to Show Cause or Chargedllnfringed for a Disciplinary Offence, 11 March 2009

Chief of the Defence Force & Secretary, Department of Defence, Joint Directive 112006 to Director General Fairness and Resolution, 27 February 2006

Chief of the Defence Force Directive 212005, Implementation of the Recommendations of the Review of the Australian Defence Force Redress of Grievance System 2004, 7 April 2005

Defence Policing & Security Management System, Navy Business Rules, 25 June 2010

Department of Defence, DEFGRAM 212003, Procedures for Dealing with Parliamentary Committees, 7 January 2003

Department of Defence, DEFGRAM 23412008, Amendments to Defence Force Regulations 1952 and Changes to the Redress of Grievance Process, 5 May 2008

Department of Defence, DEFGRAM 31 712006, Revised Arrangements Following Submission of a Redress of Grievance-Tri-Service Procedures, 26 June 2006

Department of Defence, DEFGRAM 3512009, Management and Reporting of Sexual Offences, 30 January 2009

Department of Defence, DEFGRAM 48912007, Parliamentary Committees: Defence Submissions and Witnesses, 21 August 2007

Department of Defence, DEFGRAM 78112009, Parliamentary Committees: Defence Submissions and Witnesses, 7 December 2009

Department of Defence, Departmental Circular Memorandum 56196, Anti-Harassment Contact Network, 10 July 1996

Department of Defence, Departmental Circular Memorandum 62/94, Equal Employment Opportunity in Defence, 19 September 1994

Department of Defence, Departmental Circular Memorandum 89193, Anti-Harassment Contact Officers, 10 September 1993

Department of Defence, Departmental Personnel lnstruction 112000, Defence Equity Adviser Network, 24 January 2000

Department of Defence, Departmental Personnel lnstruction 03189, Elimination of Sexual Harassment, 9 August 1999


Department of Defence, Departmental Personnel lnstruction 03195, Non-offensive Working Environment, 1 November 1995

Department of Defence, Departmental Personnel lnstruction 04/85, Nomination for Australian Honours and Awards to Civilians, 30 August 1985

Department of Defence, Departmental Personnel lnstruction 112001, Equity and Diversity in the Department of Defence, 22 Jan 2001

Department of Defence, Departmental Personnel lnstruction 1188, Elimination of Sexual Harassment, 19 January 1988

Department of Defence, Departmental Personnel lnstruction 1/99, Defence Equity Adviser Network, 11 January 1999

Department of Defence, Departmental Personnel lnstruction 3199, Preventing, Managing and Eliminating Discrimination, Harassment and Unacceptable Behaviour in the Department of Defence, 14 April 1999

Department of Defence, Departmental Personnel lnstruction 4/99, Equity and Diversity in the Department of Defence, 14 September 1999

Department of Defence, lnformation DEFGRAM 284/2010, Military Court of Australia, 25 May 2010

Department of Defence, lnformation DEFGRAM 391201 0, Parliamentary Committee Inquiries: Official Defence Participation and Your Rights as a Private Citizen, 3 February 201 0

Department of Defence, lnformation DEFGRAM 571-201 1, Removal of lnterim Policy and lnformation Defgrams from the System of Defence Instructions, 23 August 201 1

Department of Defence, Information DEFGRAM 80412009, Defence's Involvement in the Senate lnquiry Being Undertaken into Alleged Inappropriate Events that Occurred in HMAS Success, 17 December 2009

Director of Military Prosecutions Directive 0212009, Prosecution and Disclosure Policy, 1 October 2009

HMAS Success Commanding Officer's Standing Orders, April 2009

HMAS Success Standing Orders, Chapter 1, 'General', March 2007

Proposed Draft Chief of the Defence Force Directive, lnterim Arrangements for lnquiry Officer Inquiries, 30 March 2010

Provost Marshal Australian Defence Force, Technical Bulletin 14/07, Investigation Jurisdiction Model. 12 December 2007


Australian Defence Force Publications, Defence guides and Defence doctrine

Australian Army, Land Warfafare Doctrine (LWD) 0-0, Command, Leadership and Management, Defence Publishing Service, Canberra, 2008

Australian Defence Doctrine Publication 00.1, Command and Control (Tri-Sewice), I st edn, Defence Publishing Service, Canberra, 2009

Australian Defence Doctrine Publication 00.6, Leadership (Tri-Sewice), 1st edn, Defence Publishing Service, Canberra, 2007

Australian Defence Force Publication 06.1 .I, Defence Law Manual, 4th edn, Defence Publishing Service, Canberra, 2009

Australian Defence Force Publication 06.1.3, Guide to Administrative Decision Making, 1st edn, Defence Publishing Service, Canberra, August 2003

Australian Defence Force Publication 06.1.3, Guide to Administrative Decision Making, 2nd edn, Defence Publishing Service, Canberra, January 2010

Australian Defence Force Publication 06.1.4, Administrative Inquiries Manual, I st edn, Defence Force Publishing Service, Canberra, 2004

Australian Defence Force Publication 06.1.4, Administrative Inquiries Manual, 2nd edn, Defence Publishing Service, Canberra, June 2006

Australian Defence Force Publication 202, Administrative lnquiries Manual, I st edn, Defence Force Publishing Service, Canberra, 2000

Department of Defence, A Guide to Fair Leadership and Discipline in the Australian Defence Force, Defence Publishing Service, Canberra, 13 December 2002

Department of Defence, Defence Guide to Managing Diversity in the Workplace, 2004

Department of Defence, Defence Workplace Equity and Diversity Plan 2007 to 2009, 1 July 2007

Department of Defence, Defence: a Bully Free Workplace, Brochure, n.d.

Department of Defence, Fairness and Resolution Branch, How to Make a Complaint of Unacceptable Behaviour, Brochure, Canberra, n.d.

Department of Defence, Fairness and Resolution Branch, Managing and Reporting a Complaint of Unacceptable Behaviour, Brochure, Canberra, n.d.

Department of Defence, Fairness and Resolution Branch, Who Can I Contact for Equity Advice?, Brochure, Canberra, n.d.


Department of Defence, Fairness and Resolution Branch, Workplace Dispute? Tly ADR!, Brochure, Canberra, n.d.

Department of Defence, Fairness and Resolution Branch, Your Local Defence Equity Advisor, Poster, Canberra, n.d.

Department of Defence, Inspector General Australian Defence Force, Defence Whistleblower Scheme, Brochure, Canberra, 2002

Department of Defence, Workplace Behaviour-management of workplace conflicts and disputes and unacceptable behaviour, Department of Defence, Canberra, March 201 1

Navy Values: Sewing Navy With Pride, September 2009

Professional Rules for Defence Legal Officers (draft), 16 February 2009

Royal Australian Navy Chaplain's Hand Book, 2008

Royal Australian Navy Sea Power Centre Australia, The Royal Australian Navy: leadership ethic-2010, Canberra, 201 0

Royal Australian Navy, Divisional Staff Handbook 2007: sewing in Australia's Navy, 1 February 2007

Royal Australian Navy, Divisional Staff Handbook, 2007

Royal Australian Navy, Mentoring with Health Services Workshop Guide, Health Services Mentoring Guide, November 2009

Royal Australian Navy, Mentoring, Navy Health Service Standard Operating Procedure, Navy Health Administration 003, 15 January 2009

Royal Australian Navy, Improve Navy's Culture, Navy Values Booklet, September 2003

Royal Australian Navy, Navy Values Booklet, May 2008

Royal Australian Navy, New Generation Navy, 'Latest Information on NGN activities', New Generation Navy Monthly Update, 16 December 2009

Royal Australian Navy, New Generation Navy, Navy Mentoring Program, http://intranet.defence.gov.au/navyweb/sites/NGN/, 22 January 2010

The Decision Maker's Handbook, Personnel Policy and Employment Conditions Branch, 2006

The Defence Equity Organisation, Equity and Diversity in Defence, Brochure, August 2002


The Defence Equity Organisation, Equity and Diversity on Deployment, Brochure, Canberra, n.d.

Inquiry reports, investigation reports and official reviews

Abadee, Brigadier the Hon. AR, Study into the Judicial System under the Defence Force Discipline Act (DFDA), Department of Defence, Canberra, 1997

Australian Law Reform Commission, Making Inquiries Report: a new statutory framework, ALRC, Sydney, October 2009

Australian National Audit Office, Redress of Grievances in the Australian Defence Force, ANAO, Canberra, 1999

Burchett, J QC, Report of an Inquiry into Military Justice in the Australian Defence Force, Department of Defence, Canberra, 2001

Chief of the Defence Force (CDFIOUTl2009/584), Defence Response to The Report of the Independent Review on the Health of the Refonned Military Justice System (The Street & Fisher Report), 5 July 2009

Commonwealth and Defence Force Ombudsman, Australian Defence Force Management of Service Personnel Under the Age of 18 Years, Report 0412005, Commonwealth Ombudsman, Canberra, October 2005

Commonwealth Defence Force Ombudsman, Own Motion Investigation into How the Australian Defence Force Responds to Allegations of Serious Incidents and Offences, Commonwealth Ombudsman, Canberra, 1998

Commonwealth Ombudsman, Complaint by a Young Person (under the Age of 18) of an Incident involving Unacceptable Behaviour at a Navy Training Establishment in mid- 1996, Abridged version of report 0412004, Commonwealth Ombudsman, Canberra, October 2004. (The full report has not been made publicly available to preserve the privacy of the complainant.)

Commonwealth Ombudsman, Australian Defence Force: management of complaints about unacceptable behaviour, Report 0412007, Commonwealth Ombudsman, Canberra, June 2007

Defence Force Disciplinary Code, Second Draft with Report of the 1973 Working Party, Canberra, 1975

Defence Force Discipline Legislation Board of Review, Report, X Connor QC, Chair, Department of Defence, Canberra, May 1989

Defence Personnel Executive, Review of the Australian Defence Force (Australian Defence Force) Redress of Grievance (ROG) System, Department of Defence, Canberra, September 2000


Department of Defence, Board of lnquiry Report, HMAS SWAN Incident of 8 March 1993, Department of Defence, Canberra

Department of Defence, Final Report of the Learning Culture Inquiry: Inquiry into the Learning Culture in Australian Defence Force Schools and Training Establishments, July 2006, Department of Defence, Canberra

Department of Defence, Report of an Audit of the Australia Defence Force Investigative Capability, Department of Defence, Canberra, July 2006

Department of Defence & Office of the Commonwealth Ombudsman, Review of the Australian Defence Force Redress of Grievance System, Commonwealth Ombudsman, Canberra, 2004

Ernst & Young, The Review of Military Police Battalion Investigation Capability, Department of Defence, Canberra, July 2004

Government Response to the Senate Foreign Affairs, Defence and Trade References Committee Report on the Effectiveness of Australia's Military Justice System, Department of Defence, Canberra, October 2005

Government Response to the Senate Standing Committee on Foreign Affairs, Defence and Trade (Reforms to Australia's Military Justice System-fourth progress report, September 2008), Department of Defence, Canberra, 2009

Human Rights and Equal Opportunity Commission, Report of an Inquiry into Complaints by Ms Susan Campbell that the Human Rights of her Daughter were Breached by the Commonwealth of Australia under the Convention on the Rights of the Child, HREOC, Sydney, 2005

Inquest into the Death of Angus Lawrence [2005] NTCM 069

lnspector General Australian Defence Force, Audit of HMAS Success, IGADF, Canberra, July 2006

lnspector General Australian Defence Force, Inquiry Report-8246320 Signaller Geoffrey Phillip Gregg, IGADF, Canberra, 2007

lnspector General Australian Defence Force, Report of a Review of Arrangements for the Management of Complaints and Incidents and Related Jurisdictional Aspects in the Australian Defence Force, IGADF, Canberra, 6 September 201 1

lnspector General Australian Defence Force, Standard Operating Procedures for the Conduct ofAudits, IGADF, Canberra, 15 February 2007

Investigating Officer's Report into the Death of 8237572 Gunner John Konstantinos Satatas, 2003

lnvestigating Ofricer's Report into the Death of 8299931 PTE JP Williams, 2003


Jackson, Lieutenant Commander JS, Submarine Integration Study Report, Report prepared for Assistant Chief of Naval Staff (Personnel), Department of Defence, Canberra

Joint Standing Committee on Foreign Affairs and Trade, Rough Justice? An Investigation into Allegations of Brutality in the Army's Parachute Battalion, Australian Parliament, Canberra, 2001

Joint Standing Committee on Foreign Affairs and Trade, Military Justice Procedures in the Australian Defence Force Inquiry, Australian Parliament, Canberra, 1999

National Alternative Dispute Resolution Advisory Council, Report to Attorney General-- National Principles for Resolving Disputes & Supporting Guide, NADRAC, Canberra, April 201 1

Royal Australian Navy & The Nous Group, Report of the New Generation Navy Strategy, Report to the Chief of Navy, Department of Defence, Canberra, April 2009

Senate Standing Committee on Foreign Affairs, Defence and Trade, Sexual Harassment in the Australian Defence Force, Australian Parliament, Canberra, August 1994

Senate Foreign Affairs, Defence and Trade References Committee, Report on Parliamentary Privilege--possible interference in the work of the committee, Australian Parliament, Canberra, March 2010

Senate Foreign Affairs, Defence and Trade References Committee, Equity and Diversity Health Check in the Royal Australian Navy-HMAS Success, Interim report, Australian Parliament, Canberra, March 2010

Senate Foreign Affairs, Defence and Trade References Committee, Part I1 Report: incidents onboard HMAS Success between March and May 2009 and Subsequent Events, Australian Parliament, Canberra, September 201 1

Senate Foreign Affairs, Defence and Trade Legislation Committee, Reforms to Australia's Military Justice System-first progress report, Australian Parliament, Canberra, August 2006

Senate Foreign Affairs, Defence and Trade References Committee, The Effectiveness of Australia's Military Justice System, Australian Parliament, Canberra, June 2005

Senate Standing Committee on Foreign Affairs, Defence and Trade, Reforms to Australia's Military Justice System-fourth progress report, Australian Parliament, Canberra, September 2008

Senate Standing Committee on Foreign Affairs, Defence and Trade, Reforms to Australia's Military Justice System-second progress report, Australian Parliament, Canberra, March 2007


Senate Standing Committee on Foreign Affairs, Defence and Trade, Reforms to Australia's Military Justice System-third progress report, Australian Parliament, Canberra, September 2007

Sex Discrimination Commissioner, Report on the Review into the Treatment of Women at the Australian Defence Force Academy: Phase 1 of the Review into the Treatment of Women in the Australian Defence Force, HREOC, Sydney, 21 October 201 1

Street, The Hon. Sir L & Fisher, Air Marshal L, Report of the Independent Review on the Health of the Reformed Military Justice System, Department of Defence, Canberra, January 2009

Technical Panel HUM-TP3, An Examination of Mechanisms of Complaint and Grievance Resolution Across TTCP Nations, Technical Cooperation Program research report, National Defence Headquarters, Ottawa, May 2008

Western Australian Coroner, 'Report of the Investigation of the HMAS Westralia Fire', WA Coroner, Perth, 2001,2002-2003

Annual reports

Inspector General Australian Defence Force, Annual Report on the Operations of the Office of the Inspector General Australian Defence Force for the Period 1 January 2010 to 31 December 2010, Department of Defence, Canberra, July 201 1

Judge Advocate General, Annual reports for each of the years from 1986 to 2010

Commentary, texts, articles and other

Acting Chief of Army, Army Response to Success Questions, Department of Defence, Canberra, 28 May 2010

Acumen Alliance, The Defence Legal Sewice: board of inquiry management audit, Acumen Alliance, Canberra, October 2003

Aronson, M , Dyer, B, & Groves, M, Judicial Review of Administration, 4th edn, Lawbook Co., Sydney, 2009, pp. 556-565

AS IS0 10002-2006 Customer Satisfaction-guidelines for complaints handling in organizations (IS0 10002-2004), 5 April 2006

Australian Parliament, Government Guidelines for Official Witnesses before Parliamentary Committees and Related Matters, Australian Parliament, Canberra, November 1989

Australian Human Rights Commission, Developing and Implementing Internal Complaints Procedure, Fact sheet, AHRC, Sydney, 201 1


Australian Public Service Commission, Managing Breaches in the APS Code of Conduct, 2nd edn, APSC, Canberra, 2002

Ballard, A, 'Sexual assault prevention and intervention in a military environment', Churchill Fellowship paper, 2009

Buckingham, A, A Brief History of Australian Military Law, http://home.iprimus.com.aulbuckomp/BriefHisustralianMilLaw.htm, November 201 1

Buckley, R, 'Women in submarines: an investigation of the problems and processes of the introduction of female personnel into the Australian military's submarine fleet', Paper submitted to University of Canberra, 1998

Burton, C, Women in the Australian Defence Force, Defence Centre, Canberra, 1996

Butterworths, Australian Corporation Law Principles and Practice, Butterworths, Sydney, [15.2.0070] to [I 5.2.00801

Chief of Air Force, 'Letter to HMAS Success Commission of Inquiry', 2 June 2010

Chief of Army, 'Submission to HMAS Success Commission of Inquiry', 16 August 201 1

Chief of Navy, 'Submission to the HMAS Success Commission of Inquiry-Vice Admiral RH Crane, AO, CSM, RAN', 2 June 2010

Comcare, Preventing and Managing Bullying at Work: a guide for employers, Comcare, Canberra, 201 1

Commonwealth Ombudsman, 'Submission by the Acting Commonwealth Ombudsman to the HMAS Success Commission of Inquiry', 7 June 2010

Department of Defence, System of Defence Instructions (SoDI) Framework Review and Proposal, Department of Defence, Canberra, June 201 1

Department of Defence, 'Better Working Relationships in the Navy-a submission by the Royal Australian Navy to an inquiry by the Senate Standing Committee on Foreign Affairs, Defence and Trade', 12 November 1993

Department of Defence, 'Better Working Relationships in the Navy-a submission update by the Royal Australian Navy to an inquiry by the Senate Standing Committee on Foreign Affairs, Defence and Trade', 3 February 1994

Department of Defence, Chiefs of Staff Committee Agendum, 'Retention of women in the Australian Defence Force', Department of Defence, Canberra, 2007

Director General Fairness and Resolution, 'Questionnaire relating to HMAS Success Commission of Inquiry', 20 May 2010


Director General Fairness and Resolution, 'Submission to the HMAS Success Commission of Inquiry', 21 May 2010

Director General Navy People, 'Letter to HMAS Success Commission of Inquiry', 29 April 201 0

Director of Army Legal Services, 'DALS responses to HMAS Success Commission of lnquiry questionnaire', 1 June 2010

Directorate of Strategic Personnel Policy Research, Unacceptable Behaviour Survey- 2009 (ADF and APS), Report 01/2010, Department of Defence, Canberra, April 201 0

Gordon, Magistrate J, 'Chaplains and confidentiality: a paper', Brisbane, 2008

Goyne, A, 'It's lonely at the top: career progression for female officers in the Australian Defence Force', Australian Defence Force Journal, no. 177, 2008, pp. 3 2 4 3

Groves, M, 'The civilianisation of Australian military law', University of New South Wales Law Journal, vol. 28, no. 2, 2005, p. 364

Hall, Justice PM, 'The role of counsel assisting in commissions of inquiry', Bar News, Winter, 2005

Halsbury's Laws of Australia, 'Contempt', vol. 5, [ I 05-3351 to [105-3701, Butteworths, Sydney

Head of Defence Legal, 'Letter to HMAS Success Commission of Inquiry', 28 May 2010

Healy, FB, 'The military justice system in Australia', The Air Force Law Review, no. 52, 2002, pp. 93-136

'HMAS Success: report of proceedings', April 2009

'HMAS Success: report of proceedings', June 2009

'HMAS Success: report of proceedings', March 2009

'HMAS Success: report of proceedings', May 2009

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Horner, D, Towards a Philosophy of Australian Command, Strategic and Defence Studies Centre, Australian National University, Canberra, 2002

House of Representatives, Hansard, Defence Legislation Amendment Bill 1995-Second Reading, Mr G Punch, 31 May 1995


Inspector General Australian Defence Force, 'Submission to the HMAS Success Commission of Inquiry', 16 June 2010

Jones, Lieutenant Commander P, 'Refine before reform: the management of change within the Navy', Journal of the Australian Naval Institute, November 1994lJanuary 1995, pp. 51-6

Jones, Lieutenant Commander P, 'Women in surface combatants', Journal of the Australian Naval Institute, November 1993, pp. 23-8

Jones, M, 'Judicial review of administrative action against members of the Australian Defence Force: can a warrior win in court?' Australian Journal ofAdministrative Law, vol. 13, no. 1, 2005, pp. 8 4 6

Moore, C, 'Militaries as wielders of executive power: the Australasian and Melanesian militaries and their formal relationship with government', New Zealand Armed Forces Law Review, vol. 8, no. 21, 2008, pp. 21-46

National Health and Medical Research Council, Australian Guidelines to Reduce Health Risks from Drinking Alcohol, N HMRC, Canberra, February 2009

Peek, Vice Admiral Sir R, 'Women at sea', The Navy, October-December, 1990, p. 12

Prasser, S, Royal Commissions and Public Inquiries in Australia, LexisNexis Butterworths, Sydney, 2006

Quinn, K, Sexual Harassment in the Australian Defence Force, Defence Centre, Canberra, 1996

Senate, Hansard, Defence Legislation Amendment Bill 1984--Second Reading, Senator G Evans, 5 September 1984

Sly, Lieutenant S, 'Women at sea: a personal view', Journal of the Australian Naval Institute, November 1992, pp. 27-8

Sneath, F RAN, 'How can a unified framework for responding to allegations of sexual offences be implemented throughout the Australian Defence Force?' Strategic Policy Review Proposal, 201 1

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Spurgin, Lieutenant B, 'Money, guns and women: reflections on the RAN'S Good Working Relations Program', Journal of the Australian Naval Institute, NovemberlDecember 1996, pp. 15-16

Walbank, K, 'Female officers in the RAN: problems and prospects', Journal of the Australian Naval Institute, August 1992, pp. 11-14


White, Hon. Justice M , 'The executive and the military' University of New South Wales Law Journal, vol. 28, no. 2, 2005, p. 438

Law cases

ABC v Dl [2007] VSC 480

Ainsworth v Criminal Justice Commission (1992) 175 CLR 564

Anderson v Sullivan, Allen & Lawler (1997) 148 ALR 633

Annetts v McCann (1 990) 170 CLR 596

Anon 2 v XYZ [2008] VSC 466

Apache Northwest Pty Ltd v Agostini (No 2) [2009] WASCA 231

Atkin v Willie (2011) 281 ALR 378

A WB Limited v Cole and Another (2006) 232 ALR 743

Bayeh v Attorney General (NSW) (1995) 82 A Crim R 270

Bromet v Oddie [2002] FCA 1 148

Bromet v Oddie [2003] FCAFC 21 3

Commonwealth v Quince (1944) 68 CLR 227

Commonwealth v Welsh (1947) 74 CLR 245

Council for Civil Service Unions v Minister for the Civil Service [ I 9851 AC 374

Farey v Burvett [ I 91 61 HCA 36

Food Improvers Pty Ltd v BGR Corporation Pty Ltd (No. 2) (2006) 232 ALR 674

Habib v Director-General of Security (2009) 255 ALR 209

Herald and Weekly Times Ltd v Psychologists Registration Board of Victoria [ I 9981 VSC 141

Herald and Weekly Times v Magistrates' Court [ I 9991 VSC 136

Independent Commission Against Corruption v Chaffey (1993) 30 NSWLR 21

JN Taylor Holdings Ltd (in liq), Re [2007] SASC 193

John Fairfax Group Pty Ltd v Local Court of New South Wales (1991) 26 NSWLR 131

HMAS Success Commission of Inquiry 149

Kingham v Cole (2002) 190 ALR 679

Kioa v West (1985) 159 CLR 550

Lohse v Arthur (No 3) [2009] FCA 1 11 8

Marks v Commonwealth (1964) 11 1 CLR 549

Martincevic v Commonwealth of Australia [2007l FCAFC 164

McManus v Scoff-Charlton (1996) 140 ALR 625

Millar v Bomholt (2009) 257 ALR 263

Mirror Newspaper Pty Ltd v Waller (1 985) 1 NSWLR 1

Nash v von Doussa [2005] FCA 660

Nelson v Commonwealth of Australia [2002] QSC 274

New South Wales Commissioner of Police v Nationwide News Pty Ltd [2007] NSWCA 366

Pervan v Frawley [201 I ] TASSC 27

Plaintiff M61MOlOE v Commonwealth of Australia; Plaintiff M69 of 2010 v Commonwealth of Australia 1201 01 HCA 41

Police Service Board v Mom's & Martin [ I 9851 HCA 9

R (Howard) v Secretary of State for Health [2003] QB 830

R (Persey and others) v Secretafy of State for the Environment, Food and Rural Affairs [2003] QB 794

R v Commissioner of Police; ex parte Ramsay (1 993) 2 Qd R 171

R v Ogawa [2009] QCA 307

Re Bany Saunders v the Commissioner of Taxation of the Commonwealth Of Australia [ I 9881 FCA 136

Re Manion's Appeal (1 962) 9 FLR 91

Re Schneider's Appeal (1 958) 8 FLR 31 4

Re Tracey; ex parte Ryan (1 989) 166 CLR 51 8

Shrimpton v Commonwealth (1945) 69 CLR 61 3


South Australia v O'Shea (1987) 163 CLR 378

Stuart v Brown SM (unreported, Supreme Court of Western Australia, Wallwork J , 30 April 1996)

SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63

Tuqiri v Australian Rugby Union Ltd [2009] NSWSC 781

White v Director of Militaly Prosecutions (2007) 231 CLR 570

X v McDermott (1 994) 123 ALR 226

HMAS Success Commission of lnquity

Documents

Sources consulted - Department of Defence...Australian Fleet Tactical Publication 1 (C), Australian Fleet General Orders, Chapter 102, 'Discipline and administrative law', 3rd edn,