Planned initiatives to achieve 43% reduction by 2030
ATTACHMENT A
FOI 789/22/23
Document 42
Modelled greenhouse gas
Attachment 1
Initiative
Detail
emission reduction by 2030 Other Identified Benefits
(per annum)
Existing emission reduction
Initiatives put in place since 2005 delivering
438,594 tonnes
initiatives
emissions reductions
Transition of commercial fleet at natural end of
Electric and Hybrid
Lower running and sustainment
life to hybrid or electric vehicles which are fit for
154,900 tonnes
commercial vehicle fleet
costs
purpose
Commercially viable drop in replacement fuels
Low emission fuel transition
with low or zero emissions will gradually
30,500 tonnes
transition between now and 2050
Emissions reduction per annum for projects
$470,000 per annum reduction
1,778 tonnes
completed and operational
in energy costs
Defence Renewable Energy
Emissions reduction per annum for projects in
$1,190,000 per annum
9,600 tonnes
and Energy Security Program delivery
reduction in energy costs
Emissions reduction per annum for projects in
$8,325,000 per annum
31,600 tonnes
design & procurement
reduction in energy costs
Drive market investment into
Retail energy contract review
Buy green energy from the grid
560,300 tonnes renewable energy
Develop base land use model and undertake
Biodiversity and habitat
Carbon Sequestration trials
dedicated land management practices to
45,000 tonnes improvements
sequester carbon on Defence land.
Total emissions reduction per annum
1,272,272 tonnes1
1 These are modelled estimates and do not account for any significant increases in fuel use as a result of additional military operations and exercises
Defence Renewable Energy & Energy Security Program (DREESP) - Schedule
FOI 789/22/23
Document 42
Attachment 2
Emissions
Solar Size Battery Size (tonnes carbon
Completed & Operational
Project Type
(Megawatts)
(Megawatt Hrs) dioxide/yr)
Savings ($ p.a.)
Energy Security
s33(a)(i)
ADSCS Geraldton (WA)
Solar
1.26
N/A
1,470 $ 137,000
Yampi Sound Training Area (WA)
Solar + Battery
0.03
0.06
37 $ 133,000
Beecroft Air Weapons Range (NSW)
2x Solar + Battery
0.08
0.14
271 $ 200,000
Total
1.37
0.20
1,778 $ 470,000
Emissions
Solar Size Battery Size (tonnes carbon
Projects in Delivery
Project Type
(Megawatts)
(Megawatt Hrs) dioxide/yr)
Savings ($ p.a.)
Energy Security
NT Power Purchase Agreement -
s33(a)(i)
Robertson Barracks & RAAF Darwin
Solar
14.00
N/A
8,100 $ 540,000
Harts Range (NT - JORN)
Solar + Battery
1.20
1.50
1,500 $ 650,000
Total
15.20
1.50
9,600 $ 1
,190,000
Emissions
Solar Size Battery Size (tonnes carbon
Projects in Design & Procurement
Project Type
(Megawatts)
(Megawatt Hrs) dioxide/yr)
Savings ($ p.a.)
Energy Security
NT Battery Energy Storage System -
Robertson Barracks & RAAF Darwin
Battery
N/A
2.46
2,025 $ 140,000 s33(a)(i)
Woomera (SA)
Solar + Battery
3.00
2.00
1,500 $ 457,000
Mulwala (NSW)
Solar
4.95
N/A
6,935 $ 850,000
RAAF Tindal (NT)
Solar + Battery
6.50
2.00
6,440
2160000
Edinburgh (EDP)
Solar + Battery
30.00
15.00
14,700 $ 4
,718,000
Total
44.45
21.46
31,600 $ 8
,325,000
Tuesday, 8 November 2022
Budget Estimates: May 2023
PDR No: SB23-000425
Last updated: 06 April 2023
310 St Kilda Road
FOI 789/22/23
Key witness: Celia Perkins; Monique Hamilton; Dan Fankhauser
Document 43
Upon completion of the 90 per cent design phase the project will be considered as part
of the Estate Works Program prioritisation.
Prior to commencing any works, Defence will follow established processes and notify
the Parliamentary Standing Committee on Public Works of proposed works.
Refurbishment works would create a mix of conferencing and flexible work spaces
capable of accommodating small to large groups simultaneously. These facilities are
much needed in the Melbourne Metro footprint with limited availability at both
Victoria Barracks Melbourne and Defence Plaza Melbourne.
Once refurbishment is complete, Defence related community groups would have use of
the facilities on a non-exclusive basis.
As 310 St Kilda Rd is located external to the security boundary of Victoria Barracks, it is
more accessible for engagement with industry or Defence related community
organisations.
Background
310 St Kilda Rd is a former military repatriation hospital on the site of Victoria Barracks
Melbourne. It has been vacant since the mid 1990’s and in May 2015 it was approved
as surplus to Defence requirements.
Between 2015 and 2021, Defence explored off-market sales opportunities in
accordance with the Commonwealth Property Disposal Policy. Three unsuccessful
attempts to achieve an off-market sale agreement occurred:
December 2016 – the Victorian Government offered to acquire the site subject to
a number of conditions, including unrestricted use. Defence could not agree to
the sale on those terms as the unrestricted use condition is contrary to the
Commonwealth Property Disposal Policy which requires a ‘Security of Purpose’
condition, locking in a site’s future use.
February 2019 – the Victorian Government confirmed they were not in a position
to develop an off-market sale proposal consistent with the Commonwealth
Property Disposal Policy, and the financial viability of the property was its main
concern.
October 2021 – after protracted consideration, the City of Melbourne declined
acquisition of the site, citing the significant capital investment required to
refurbish the site.
310 St Kilda Rd was removed from the Defence Estate Divestment program in 2021
after the third unsuccessful divestment attempt.
In June 2022, Melbourne-based architectural practice Lovell Chen completed a
feasibility study which provided Defence with three options for the adaptive re-use of
310 St Kilda Rd for Defence purposes. Lovell Chen are specialists in heritage and
conservation, particularly the adaptive re-use of heritage buildings.
Prepared By:
Cleared By:
Name: Alex Muises-Khoury
Name: Celia Perkins
Position: Acting Assistant Secretary Regional Services Melbourne
Position: Deputy Secretary
Division: Service Delivery
Group/Service: Security & Estate
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Key witness: Celia Perkins; Monique Hamilton; Dan Fankhauser
Document 43
The study identified re-use options compatible with the useable space in the building
and an acceptable heritage outcome. The three options explored were:
Option 1 – An office environment – A single tenancy environment with open plan
office spaces and meeting rooms.
Option 2 – A conference centre and space for Defence community – A dual
tenancy option which provides space for both Defence, and Defence-related
community group use.
Option 3 – Office, conference, and childcare – A triple tenancy option providing
space for Defence and Defence-related community organisation use with the
addition of a childcare facility, as well as basement and potential third story
redevelopment.
The costs provided by Lovell Chen were estimates only and relevant to the
constructions costs at the time. Some of the identified works have either been
delivered through the remediation works delivered or removed from future scope.
These options have been assessed against the Defence Estate Strategy and other
criteria to meet current and future Defence workforce needs and ensure heritage
obligations are met, building standards and codes are met, and the building provides a
functional multi-purpose space.
Defence has developed a detailed business case based on the Lovell Chen feasibility
study and has progressed in developing detailed design, scope and costings.
The project will be considered through the Estate Works Program prioritisation process
and programmed for delivery accordingly.
Site use by Defence-related community and Veterans organisations
Defence has received informal requests for the use of 310 St Kilda Rd for the
establishment of Department of Veterans Affairs, Defence Veterans and Families Hub in
Melbourne.
The Royal United Services Institute Victoria has also made representations to be
provided space within the site, primarily to accommodate its library and to facilitate
meetings.
For the past seven years, the Australian National Veterans Arts Museum has lobbied
extensively to acquire the site. Representations have occurred to current and former
senior Australian Government officials, the Victorian Government, the City of
Melbourne, and external agencies.
Defence has previously advised Australian National Veterans Arts Museum that a
transfer of the site for its exclusive use would be inconsistent with the Commonwealth
Property Disposal Policy and that the site would require significant investment to
refurbish the site for non-Defence use.
Prepared By:
Cleared By:
Name: Alex Muises-Khoury
Name: Celia Perkins
Position: Acting Assistant Secretary Regional Services Melbourne
Position: Deputy Secretary
Division: Service Delivery
Group/Service: Security & Estate
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Budget Estimates: May 2023
PDR No: SB23-000425
Last updated: 06 April 2023
310 St Kilda Road
FOI 789/22/23
Key witness: Celia Perkins; Monique Hamilton; Dan Fankhauser
Document 43
On 1 December 2022, Defence became aware of Australian National Veterans Arts
Museum correspondence addressed to Mr Josh Burns MP, Member for Macnamara,
dated 17 October 2022, which included a second Australian National Veterans Arts
Museum proposal for the use of 310 St Kilda Rd. This advice proposes Australian
National Veterans Arts Museum has exclusive use of the major portion of the building
with Defence using the remainder. This proposal is not consistent with the Defence
Estate Civil Use Policy and prevents the use of the facility by other Defence related
community groups.
Defence has assessed all proposals and sale offers to ensure consistency and
compatibility with:
Commonwealth Property Disposal Policy;
Defence Estate Strategy 2016–36;
Defence Estate Civil Use Policy;
Victoria Barracks Melbourne Redevelopment Project; and
planned future Defence workforce growth and the organisational needs of units
at Victoria Barracks Melbourne and the Melbourne region.
Supporting Information
Questions on Notice
Senate Estimates: 9 November 2022
QoN 51, 310 St Kilda Rd, Senator David Van (Liberal, Victoria) asked to be provided with
information regarding Defence’s FOI request response history, as well as information
pertaining to 310 St Kilda Rd, and office accommodation.
Freedom of Information (FOI) Requests
On 29 September 2022, Senator David Van sought access under FOI to documentation
relating to 310 St Kilda Rd.
Documents were released on 8 November 2022.
On 13 October 2022, Mr Keith Wolahan sought access under FOI to documentation
relating to 310 St Kilda Rd.
Documents were released on 9 November 2022.
Recent Ministerial Comments
On 17 February 2022, the then Minister for Defence Industry issued a press release on
the engagement of Lovell Chen.
Review to breathe new life into historic Melbourne
Defence facility.
Prepared By:
Cleared By:
Name: Alex Muises-Khoury
Name: Celia Perkins
Position: Acting Assistant Secretary Regional Services Melbourne
Position: Deputy Secretary
Division: Service Delivery
Group/Service: Security & Estate
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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PDR No: SB23-000425
Last updated: 06 April 2023
310 St Kilda Road
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Key witness: Celia Perkins; Monique Hamilton; Dan Fankhauser
Document 43
Relevant Media Reporting
On 06 December 2022 Southbank News published an article titled
Feasibility study
“does not respect the heritage” of 310 St Kilda Rd. Journalist Sean Car covers the
Australian National Veterans’ Arts Museum response to Lovell Chen’s feasibility study.
On 05 October 2022 Southbank News published an article titled
“An insult to veterans”:
Former repatriation clinic to be used for offices and meeting rooms. Journalist Sean Car
covers the Assistant Minister for Defence’s letter to Australian National Veterans’ Arts
Museum.
Division:
Service Delivery Division
PDR No:
SB23-000425
Prepared by:
Cleared by Division Head:
Alex Muises-Khoury, a/Assistant Secretary
Monique Hamilton, First Assistant Secretary,
South East Zone, Security & Estate Group
Security & Estate Group
Ph: s22
Mob: s22
Ph: s47E(d)
Date: 3 April 2023
Date: 4 April 2023
Consultation: Pat Sowry, Assistant Secretary Date: 3 April 2023
Estate Planning Branch
Mob: s22
Cleared by CFO / DPG / DSR: N/A
Cleared by Deputy Secretary:
Date: 6 April 2023
Celia Perkins, Deputy Secretary, Security and Estate
Questions on notice referred to within the brief:
Budget Estimates 9 November 2022
310 St Kilda Road
Senator David Van
Written Question
1. How many times has the Department of Defence failed to deliver on its statutory
requirements to respond to Freedom of Information requests?
2. Defence has indicated it needs to use 310 St Kilda Road for meeting rooms and offices, in
the context of the strategic requirements of the broader Victoria Barracks precinct;
a) Can Defence provide a copy of the scope for the current works underway?
b) What are the latest cost estimates for the refurbishment?
Prepared By:
Cleared By:
Name: Alex Muises-Khoury
Name: Celia Perkins
Position: Acting Assistant Secretary Regional Services Melbourne
Position: Deputy Secretary
Division: Service Delivery
Group/Service: Security & Estate
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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310 St Kilda Road
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Key witness: Celia Perkins; Monique Hamilton; Dan Fankhauser
Document 43
c) With the refurbishment and ongoing operational costs, what will the annual per
square meter cost be for this building be?
d) What is the current per square meter rate for commercial office spaces in
Melbourne?
e) Has Defence conducted analysis on the most cost-effective location for offices in
Australia? If so can Defence provide this analysis?
3. Between Victoria Barracks Melbourne and Defence Plaza Melbourne, how many meeting
rooms are there? What is the full time occupancy rate of these rooms?
4. How many workstations are there at Victoria Barracks and Defence Plaza?
5. How many workstations will be installed at 310 St Kilda Rd?
Answer
1. Defence processed 71 per cent of Freedom of Information requests in 2021-22 within
the applicable statutory period, compared to the Australian Government average of 70
per cent.
2.
a) The scope of works for the initial preservation and site preparation works currently
underway at 310 St Kilda Road is at Attachment A.
b) The cost estimate for the current refurbishment works to 310 St Kilda Road is $4.7
million. Cost estimates for the adaptive re-use works will be subject to development
of a proposed design.
c) These costs are unknown at this time as the design is not finalised and construction
works not yet tendered.
d) The Whole of Australian Government property provider, Jones Lang LaSalle, has
advised the current commercial market rates for office accommodation in the
Melbourne Central Business District as follows:
• Office accommodation over 2,000m2 Net Lettable Area is approximately
$607/m2, pa; and
• Office accommodation under 2,000m2 Net Lettable Area is approximately
$599/m2, pa.
e) No. Defence regularly reviews its estate holdings to ensure that its disposition
continues to meet the current and future capability needs of the Australian Defence
Force.
3. Across both Victoria Barracks Melbourne and Defence Plaza Melbourne there are three
conference rooms and 16 meeting rooms with 82 per cent utilisation on average.
4. There are 2,331 and 1,337 workstations at Victoria Barracks Melbourne and Defence
Plaza Melbourne, respectively.
5. These numbers are unknown at this time as the design is not finalised.
Prepared By:
Cleared By:
Name: Alex Muises-Khoury
Name: Celia Perkins
Position: Acting Assistant Secretary Regional Services Melbourne
Position: Deputy Secretary
Division: Service Delivery
Group/Service: Security & Estate
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Budget Estimates: May 2023
PDR No: SB23-000650
Last updated: 19 May 2023
Retired US navy personnel advising Defence
FOI 789/22/23
Key witnesses: Rear Admiral Wendy Malcolm; Greg Moriarty
Document 44
What advice has been provided to the Government by retired United States Navy personnel?
The advice provided by the panel to support the Government’s decision making is
presented to Cabinet and is therefore confidential.
Why have you engaged former United States Navy and United States Department of Defense
personnel to advise on shipbuilding and submarines?
The United States has personnel with extensive experience in shipbuilding and
submarine programs.
As the public might reasonably expect, we leverage this experience by selectively
employing individuals, both former government officials and retired senior United
States Navy officers.
Panel members have a range of relevant experience in naval ship design and
construction, shipbuilding, infrastructure, complex procurement, and national level
project management that we are drawing upon.
Does the dominance of the Naval Shipbuilding Expert Advisory Panel by United States citizens
reflect a US bias?
No. Defence draws on a mix of expertise, including from US, UK and Australian
nationals from government, industry and military backgrounds.
The Panel currently has six members appointed, four of which are United States
nationals. The other two members are British and Australian.
Are Naval Shipbuilding Expert Advisory Panel members advising and/or connected with the
United States shipbuilding industry and does this represent a conflict of interest?
Defence monitors all advisor engagements in line with our probity responsibilities.
Defence ensures that all individuals have the appropriate security, confidentiality, and
conflict of interest arrangements and obligations in place and that these are regularly
reviewed.
Background
Advice to the Government provided by retired United States Navy personnel
Advice to the Government supports the identification of emerging challenges, risks and
opportunities, and helps inform decisions required to achieve capability outcomes.
Advisors are not engaged in a decision-making capacity. The Government uses the
advice to support its decision making.
Prepared By:
Cleared By:
Name: Peter Coleman
Name: Matt Yannopoulos
Position: Acting Assistant Secretary, Naval Shipbuilding Expert
Position: Associate Secretary
Advisory Panel Secretariat
Group/Service: Associate Secretary Group
Branch: Naval Shipbuilding Expert Advisory Panel Secretariat
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Key witnesses: Rear Admiral Wendy Malcolm; Greg Moriarty
Document 44
Remuneration of retired United States Navy personnel acting as advisors
Individual consultancy rates are reflective of the level of expertise each member brings
to their role on the panel. Each member has been engaged via an individual
consultancy agreement.
Members are remunerated for the actual time they spend forming and providing their
advice – this is generally well below the contract ‘not to exceed amount’ published on
AusTender.
Costs to Defence of Naval Shipbuilding Advisory Board and Naval Shipbuilding Expert Advisory
Panel
Total expenditure against Naval Shipbuilding Advisory Board member contracts for
services and reimbursables between January 2017 and December 2020 was
approximately $6.0 million.
Contracts for the six Naval Shipbuilding Expert Advisory Panel members are published
on AusTender and reflect a total ‘not to exceed amount’ of $5.81 million (including
GST) over the life of the contracts, including services, reimbursables and Independent
Analysis support.
Expenditure against the six Naval Shipbuilding Expert Advisory Panel member contracts
for services and reimbursables from 1 February 2021 to 31 March 2023 was
approximately $3.1 million (GST exclusive). This amount includes member activities to
support the Shipbuilding Masterclass.
Supporting Information
Questions on Notice
Supplementary Budget Estimates: 15 February 2023
QoN 11, ADM Consultants,
Senator Jordon Steele-John (Greens, Western Australia)
asked (as a follow up to the response tabled to QoN 12 from Budget Estimates on
9 November 2022) what Naval Shipbuilding Expert Advisory Panel members Vice
Admiral William Hilarides United States Navy (Retd) and Rear Admiral Thomas Eccles
United States Navy (Retd) (as well as Admiral Kirkland Donald United States Navy
(Retd)) had been paid ‘up to this point’.
Budget Estimates: 9 November 2022
QoN 10, Paul Sullivan contract,
Senator Jordon Steele-John (Greens, Western Australia)
asked to be provided with the contract value of Vice Admiral Paul Sullivan United States
Navy (Retd) covering his time as a member of the Naval Shipbuilding Advisory Board.
QoN 12, former US government officials,
Senator Jordon Steele-John (Greens, Western
Australia) asked to be provided with information on what advice Rear Admiral David
Gale United States Navy (Retd) was providing to the Department as well as the contract
Prepared By:
Cleared By:
Name: Peter Coleman
Name: Matt Yannopoulos
Position: Acting Assistant Secretary, Naval Shipbuilding Expert
Position: Associate Secretary
Advisory Panel Secretariat
Group/Service: Associate Secretary Group
Branch: Naval Shipbuilding Expert Advisory Panel Secretariat
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-000650
Last updated: 19 May 2023
Retired US navy personnel advising Defence
FOI 789/22/23
Key witnesses: Rear Admiral Wendy Malcolm; Greg Moriarty
Document 44
values for Naval Shipbuilding Expert Advisory Panel members Vice Admiral William
Hilarides United States Navy (Retd), Rear Admiral Thomas Eccles United States Navy
(Retd), and former Submarine Advisory Committee member Admiral Kirkland Donald
United States Navy (Retd).
Handling Note: This QoN, updated and tabled on 18 April 2023, corrected the value of
contract values for Vice Admiral William Hilarides.
QoN 17, US retired Admirals declaration of other interests,
Senator David Shoebridge
(Greens, New South Wales) asked whether any retired United States Admirals advising
the Government had declared any interests in companies that build nuclear powered
submarines.
Freedom of Information (FOI) Requests
None.
Recent Ministerial Comments
No recent comments.
Relevant Media Reporting
27 April 2023 – Australia pays former US officials $7k a day for advice. The Sydney
Morning Herald reports that various retired senior US military officers have been paid
up to $7500 a day for advice on major defence projects. The Herald reports that VADM
Hilarides “would be hired to lead a snap review of the RAN’s surface fleet” and reports
he had previously been paid “up to $US1.6 million since 2016” and charged $US4000 a
day.
27 April 2023 – Retired US admirals charging Australian taxpayers thousands of dollars
per day as defence consultants. ABC News reports that several retired US military
officers (including VADM Hilarides) were contracted by Defence as consultants and
comments on their remuneration.
26 April 2023 – Defence Strategic Review: US Admiral William Hilarides wins plum job
reviewing Australian Fleet. The Australian reports that VADM Hilarides “won a lucrative
Australian contract as the head of a review that will determine the future size and
structure of the Royal Australian Navy”. The Australian further reports past
remuneration for VADM Hilarides of $US1.3 million since 2016 and charges of $US4000
a day for consulting.
25 April 2023 – Retired US Admiral who has previously advised Australia on
shipbuilding to lead fresh review on navy’s warship fleet. ABC News reports that VADM
Hilarides, Ms Huxtable and VADM Mayer will all conduct the analysis into the Navy
surface Fleet and comments on VADM Hilarides’ remuneration.
Prepared By:
Cleared By:
Name: Peter Coleman
Name: Matt Yannopoulos
Position: Acting Assistant Secretary, Naval Shipbuilding Expert
Position: Associate Secretary
Advisory Panel Secretariat
Group/Service: Associate Secretary Group
Branch: Naval Shipbuilding Expert Advisory Panel Secretariat
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Budget Estimates: May 2023
PDR No: SB23-000650
Last updated: 19 May 2023
Retired US navy personnel advising Defence
FOI 789/22/23
Key witnesses: Rear Admiral Wendy Malcolm; Greg Moriarty
Document 44
25 April 2023 – Retired NSA director won lucrative consulting deals with Saudis, Japan.
The Washington Post reports on several retired US military officials who have provided
consultancy services to foreign governments. The Post reports that VADM Hilarides is
“the second-highest earner” (of this group) who, since 2016, has earned up to $1.6
million from consulting contracts to the Government of Australia and reports he will be
leading the independent analysis review.
7 March 2023 –
Former top U.S. admiral cashes in on nuclear sub deal with Australia.
Reporters Craig Whitlock and Nate Jones at the Washington Post published an article
that focusses on former United States Navy officials consulting the Australian
government on shipbuilding programs, the work of Admiral John Richardson United
States Navy (Retd) and specifically mentions Naval Shipbuilding Expert Advisory Panel
members Vice Admiral William Hilarides United States Navy (Retd) and Rear Admiral
Thomas Eccles United States Navy (Retd) including their purported remuneration.
23 November 2022 –
Labor retains Coalition-appointed shipbuilding adviser on $9,000
for each day worked. Journalist Daniel Hurst at The Guardian published an article that
focussed on work undertaken since the change of government by Professor Donald
Winter, the Prime Minister’s Special Adviser on Naval Shipbuilding. The article is
informed by a Freedom of Information request submitted to the Department of the
Prime Minister and Cabinet and focuses on his remuneration and says that the
Government wants the Naval Shipbuilding Expert Advisory Panel ‘to be the main
external source of naval shipbuilding advice’.
2 November 2022 –
Undue Influence: Defence ‘a tangle of overlapping interests’.
Journalist Michelle Fahy at Pearls and Irritations wrote about the Commonwealth’s use
of retired United States Navy personnel and questioned if their advice included the
cancellation of the Attack Submarine Program and if this represented a conflict of
interest.
31 October 2022 –
Documents reveal extent of former US military chiefs working for
Australia. Reporter Charles Miranda at the Daily Telegraph published an article
suggesting there are security and conflict of interest concerns related to retired United
States Navy personnel advising the Government on shipbuilding programs.
25 October 2022 –
US Admirals driving AUKUS had conflict of interest: Washington
Post. Reporter Mike Scrafton at Pearls and Irritations published an article that focussed
on the use of retired United States Navy personnel and potential conflicts of interest.
24 October 2022 – Crikey published an article titled,
Australia’s submarine debacle, and
how the carousel keeps spinning for retired US Navy officials. The article references the
Washington Post article regarding the use of retired United States Navy personnel and
potential conflicts of interest.
18 October 2022 –
Retired U.S. admirals advise Australia on deal for nuclear
submarines (mrt.com). Reporters Craig Whitlock and Nate Jones at The Washington
Post published an article that focussed on the engagement of retired United States
personnel in support of shipbuilding and submarines.
Prepared By:
Cleared By:
Name: Peter Coleman
Name: Matt Yannopoulos
Position: Acting Assistant Secretary, Naval Shipbuilding Expert
Position: Associate Secretary
Advisory Panel Secretariat
Group/Service: Associate Secretary Group
Branch: Naval Shipbuilding Expert Advisory Panel Secretariat
Phone s47E(d)
/ s22
Phone: s47E(d) / s22
Page
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Budget Estimates: May 2023
PDR No: SB23-000650
Last updated: 19 May 2023
Retired US navy personnel advising Defence
FOI 789/22/23
Key witnesses: Rear Admiral Wendy Malcolm; Greg Moriarty
Document 44
Division:
Associate Secretary Group
PDR No:
SB23-000650
Prepared by:
Cleared by Division Head:
Peter Coleman, A/g Assistant Secretary,
Matt Yannopoulos, Associate Secretary,
Naval Shipbuilding Expert Advisory Panel
Associate Secretary Group
Secretariat, Associate Secretary Group
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 18 May 2023
Date: 18 May 2023
Consultation: Ms Stacie Hall, First Assistant
Date: 18 May 2023
Secretary, Naval Shipbuilding and
Mob: s22
Ph: s47E(d)
Sustainment Enterprise Headquarters
Ms Megan Lees, First Assistant Secretary
Date: 16 May 2023
Nuclear-Powered Submarines Taskforce
Mob: s22
Ph: s47E(d)
Cleared by CFO: Tracey Mackrow
Date: 18 May 2023
Cleared by Associate Secretary:
Date: 18 May 2023
Matt Yannopoulos, Associate Secretary, Associate
Secretary Group
Questions on notice referred to within the brief:
Supplementary Budget Estimates 15 February 2023
ADM Consultants
Senator Jordon Steele John
Spoken Question
Senator STEELE-JOHN: In the answers you provided on notice in relation to Rear Admiral
Thomas Eccles,
Vice Admiral William Hilarides and Admiral Kirkland Donald, the combined total of the
payments made to those three individuals was some $5.3 million. Can you confirm that was
the answer you gave to us?
Mr Dalton: The response we gave you in that question on notice is the maximum amount
they could be paid if they worked all of the days they were allowed to work under their
contract, so their individual payments will be a total less than that sum.
Senator STEELE-JOHN: How much have they been paid to this point?
Mr Dalton: I'll take that on notice, Senator.
Prepared By:
Cleared By:
Name: Peter Coleman
Name: Matt Yannopoulos
Position: Acting Assistant Secretary, Naval Shipbuilding Expert
Position: Associate Secretary
Advisory Panel Secretariat
Group/Service: Associate Secretary Group
Branch: Naval Shipbuilding Expert Advisory Panel Secretariat
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
6 of
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Budget Estimates: May 2023
PDR No: SB23-000650
Last updated: 19 May 2023
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FOI 789/22/23
Key witnesses: Rear Admiral Wendy Malcolm; Greg Moriarty
Document 44
Senator STEELE-JOHN: In that context, then, I'm very keen to know how much Admiral
Richardson has been paid by the department to this point. What is the value of his contract-
those 100 days over two years?
Vice Adm. Mead: I'll take that on notice, Senator.
Senator STEELE-JOHN: And what's the duration of the contract that former Admiral
Richardson is under?
Vice Adm. Mead: I believe it's approximately two to three years, but I'll take that on notice.
Senator STEELE-JOHN: Given it is a structure to exceed no more than a certain period of time
over a certain number of days, if you break it down, how much are we paying these
individuals per hour for their advice?
Vice Adm. Mead: I'd have to take that on notice, Senator.
Answer
Admiral John Richardson USN (Retd) has provided advice to Department since November
2022. Admiral Richardson has been paid $33,476.64 (excluding GST) as at 31 December 2022.
Admiral Richardson is engaged on a 12-month contract. The contract includes two 12-month
extension options at the Commonwealth’s discretion.
Admiral Kirkland Donald USN (Retd) provided advice to the Department from December 2017
to 2022. Admiral Donald was paid $297,319.97 (excluding GST).
Vice Admiral William Hilarides USN (Retd) has provided advice to Government since 2016.
Vice Admiral Hilarides has been paid $1,582,430.82 (including GST) as at 31 December 2022.
Rear Admiral Thomas Eccles USN (Retd) has provided advice to Government since 2016. Rear
Admiral Eccles has been paid $699,118.68 (including GST) as at 31 December 2022.
Individual payment rates for Admiral Richardson, Admiral Donald, Vice Admiral Hilarides and
Rear Admiral Eccles are commercially sensitive.
Budget Estimates 9 November 2022
Paul Sullivan contract
Senator Jordon Steele-John
Spoken Question
Senator STEELE-JOHN: Thank you. I'll move to advice that the government has received
around the partnership and the acquisition of the capability. My understanding is that Paul
Sullivan, a retired vice admiral who, for a time, was hired as a submarine consultant after
working at an American national security lab that conducts sensitive research projects for the
US Navy, was employed by the department under a contract valued at about $414,000 over a
period of four years. Would you be able to confirm that? That's Vice Admiral Paul E Sullivan.
Vice Adm. Mead: I'll hand that question over to Mr Tony Dalton. I have not directly employed
former vice admiral Paul Sullivan. He is working in the US. We do receive advice, and we have
sought advice from our partners over the past 12 months, as you can imagine, Senator, but
I've not actually employed Admiral Paul Sullivan.
Prepared By:
Cleared By:
Name: Peter Coleman
Name: Matt Yannopoulos
Position: Acting Assistant Secretary, Naval Shipbuilding Expert
Position: Associate Secretary
Advisory Panel Secretariat
Group/Service: Associate Secretary Group
Branch: Naval Shipbuilding Expert Advisory Panel Secretariat
Phone s47E(d)
/ s22
Phone: s47E(d) / s22
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Key witnesses: Rear Admiral Wendy Malcolm; Greg Moriarty
Document 44
Mr Dalton: I can confirm that Admiral Sullivan was a member of the Naval Shipbuilding
Advisory Board. I can take on notice to get the periods during which he was a member of that
board.
Senator STEELE-JOHN: And the figure of $414,228 for his employment over the four-year
period?
Mr Dalton: I'll take that on notice.
Senator STEELE-JOHN: Thank you. These are figures in the public domain, so, if you would be
able to come back to the committee before the end of the day with that information, that'd
be ideal. Would you be able to do that?
Answer
Vice Admiral Paul Sullivan USN (ret) was engaged as a member of the Naval Shipbuilding
Advisory Board (NSAB) from 8 December 2016 until 30 December 2020.
The total not to exceed value of his contract (including services and reimbursables) over this
period was $550,242.00 (including GST).
Vice Admiral Sullivan resigned from the NSAB on 5 March 2020.
Budget Estimates 9 November 2022
Former United States government officials
Senator Jordon Steele-John
Spoken Question
Senator STEELE-JOHN: Thank you. Mr Dalton, Rear Admiral David Gale was on active duty
before he submitted his paperwork to the Pentagon to be able to come and work for
Australia. I believe he has been employed by the department to the tune of US$222,000. I'm
wondering whether you can confirm his employment status with the department. Mr Dalton:
I'm not familiar with that particular case, but I will take it on notice.
Senator STEELE-JOHN: It's Rear Admiral David Gale. He was a consultant, and I believe is still a
consultant, on the Future Frigate program. Then we've got a Mr Thomas Eccles, a former rear
admiral of the United States who retired in 2013 and has served, I think, for the last five years
or so as a consultant. What role does the former rear admiral serve with the department?
Mr Dalton: Admiral Eccles was one of the founding members of the Naval Shipbuilding
Advisory Board, and his role has continued under the new Naval Shipbuilding Expert Advisory
Panel.
Senator STEELE-JOHN: Thank you. Finally, there is Mr William Hilarides, a former vice-admiral
who, I think, is currently in the role of member of the Australian Naval Shipbuilding Advisory
Board.
Mr Dalton: I can confirm that Admiral Hilarides is a foundation member of the Naval
Shipbuilding Advisory Board and he now chairs the Naval Shipbuilding Expert Advisory Panel.
Senator STEELE-JOHN: Again, the value of the contracts that we have had with—
Prepared By:
Cleared By:
Name: Peter Coleman
Name: Matt Yannopoulos
Position: Acting Assistant Secretary, Naval Shipbuilding Expert
Position: Associate Secretary
Advisory Panel Secretariat
Group/Service: Associate Secretary Group
Branch: Naval Shipbuilding Expert Advisory Panel Secretariat
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Key witnesses: Rear Admiral Wendy Malcolm; Greg Moriarty
Document 44
Mr Moriarty: If I could, Admiral Hilarides has on a couple of occasions provided evidence to
this committee.
Senator STEELE-JOHN: Yes, I am aware of that. If you can do that, it would be fantastic.
Finally, in relation to former admiral Donald Kirkland, he was a member of the Australian
Submarine Advisory Committee?
Mr Dalton: I can confirm that Admiral Kirkland was a member of the Australian Submarine
Advisory Committee. He is no longer serving in that capacity.
Senator STEELE-JOHN: No, he is not. He was found to be—it was kind of made public that he
was also acting at the time as chairman of the Huntington Ingalls Industries group, since 2020
I believe.
Mr Dalton: We were aware of his other roles; he had declared that. He wasn't involved in
providing advice on aspects that touched on Huntington.
Senator STEELE-JOHN: He has stepped back from that position, as of April, because of a
potential conflict of interest.
Mr Dalton: From the Submarine Advisory Committee?
Senator STEELE-JOHN: Yes.
Mr Dalton: Yes.
Senator STEELE-JOHN: Because of a potential conflict of interest.
Mr Dalton: With the expansion of the submarine program to include a nuclear powered
submarine program in which Huntington Ingalls would have an interest. I will just reinforce, in
his capacity as a member of the Submarine Advisory Committee he did not provide advice on
nuclear powered submarines.
Senator STEELE-JOHN: I believe his contract was worth about US$255,000, but can you take
that on notice for me, as well.
Mr Dalton: Yes.
Senator STEELE-JOHN: Finally, can you give us an idea of whether there are any former
members of the Navy currently advising Defence in relation to the AUKUS negotiations, other
than the individuals I have listed?
Mr Dalton: I'm probably not best placed to talk about who is providing advice in relation to
AUKUS, but I can certainly advise you about the members of the Naval Shipbuilding Expert
Advisory Panel.
Senator STEELE-JOHN: Yes, you could, or someone else at the table.
Mr Moriarty: Senator, we will get you a list of all former members of the US Navy who are
providing advice to Defence across any program.
Prepared By:
Cleared By:
Name: Peter Coleman
Name: Matt Yannopoulos
Position: Acting Assistant Secretary, Naval Shipbuilding Expert
Position: Associate Secretary
Advisory Panel Secretariat
Group/Service: Associate Secretary Group
Branch: Naval Shipbuilding Expert Advisory Panel Secretariat
Phone s47E(d)
/ s22
Phone: s47E(d) / s22
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Key witnesses: Rear Admiral Wendy Malcolm; Greg Moriarty
Document 44
Answer
Rear Admiral David Gale USN (Retd) provided advice to the Department over the period
September 2016 to October 2018 in relation to the Hunter class frigate program and
continuous naval shipbuilding.
Rear Admiral Thomas Eccles USN (Retd) has provided advice to Government since 2016
under a number of contracts. The total not to exceed value of Admiral Eccles’ contracts
(including services and reimbursables) for advice through the Naval Shipbuilding Advisory
Board and Naval Shipbuilding Expert Advisory Panel over this period is $1,214,105.75
(including GST).
Vice Admiral William Hilarides USN (Retd) has provided advice to Government since 2016
under a number of contracts. The total not to exceed value of Admiral Hilarides’ contracts
(including services and reimbursables) for advice through the Naval Shipbuilding Advisory
Board and Naval Shipbuilding Expert Advisory Panel over this period is $2,437,298.56
(including GST).
Admiral Kirkland Donald USN (Retd) provided advice to the Department over the period
December 2017 to April 2022 in relation to the Collins and Attack class submarine programs.
The total not to exceed value of Admiral Donald’s contracts (including services and
reimbursables) for advice through the Submarine Advisory Committee over this period was
$2,219,351.98 (excluding GST). Admiral Donald resigned with two years remaining on his final
contract.
Former United States Navy officers currently providing advice to the Department:
Name
Advisory Capacity
Rear Admiral Thomas ECCLES
Naval Shipbuilding Expert Advisory Panel
Vice Admiral William
Naval Shipbuilding Expert Advisory Panel
HILARIDES
Captain Vernon HUTTON
Development of nuclear mindset and supporting infrastructure
and facilities.
Captain Kevin JONES
Development of the Nuclear Stewardship Framework.
Captain Matt KOSNAR
Provide advice on nuclear-powered submarine shipyards and
infrastructure.
Admiral John RICHARDSON
Specialist advice on nuclear stewardship, workforce, and
technical matters.
Commander Andy STEERE
Provide advice on nuclear-powered submarine shipyards and
infrastructure.
Captain Bryan STILL
Provide advice on nuclear-powered submarine shipyards and
infrastructure.
Budget Estimates 9 November 2022
United States retired Admirals declaration of other interests
Senator David Shoebridge
Spoken Question
Prepared By:
Cleared By:
Name: Peter Coleman
Name: Matt Yannopoulos
Position: Acting Assistant Secretary, Naval Shipbuilding Expert
Position: Associate Secretary
Advisory Panel Secretariat
Group/Service: Associate Secretary Group
Branch: Naval Shipbuilding Expert Advisory Panel Secretariat
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Key witnesses: Rear Admiral Wendy Malcolm; Greg Moriarty
Document 44
Senator SHOEBRIDGE: Have any other of these retired US admirals had an interest in
companies that build nuclear-powered submarines?
Mr Dalton: Not to my knowledge.
Senator SHOEBRIDGE: You say 'not to your knowledge'?
Mr Dalton: Yes, not to my knowledge.
Senator SHOEBRIDGE: Do you say, sitting there, that you have full knowledge of their
disclosures?
Mr Dalton: I have not personally seen their declarations.
Senator SHOEBRIDGE: Would you take it on notice as to whether or not at any point they
have an interest in any company that builds nuclear-powered submarines?
Mr Dalton: We will take that on notice.
Answer
Vice Admiral William Hilarides and Rear Admiral Thomas Eccles have not declared any
interest in companies that build nuclear-powered submarines.
Vice Admiral Paul Sullivan, Rear Admiral Stephen Johnson, and Rear Admiral David Gale did
not declare any interest in companies that build nuclear-powered submarines.
Prepared By:
Cleared By:
Name: Peter Coleman
Name: Matt Yannopoulos
Position: Acting Assistant Secretary, Naval Shipbuilding Expert
Position: Associate Secretary
Advisory Panel Secretariat
Group/Service: Associate Secretary Group
Branch: Naval Shipbuilding Expert Advisory Panel Secretariat
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Key witness: Justine Greig
Document 45
3.6 per cent Permanent First Nations ADF members, a 1 per cent increase since
1 May 2018 (2.6 per cent)
3.1 per cent Reserve First Nations ADF members, a 1 per cent increase since
1 May 2018 (2.1 per cent)
2.1 per cent Ongoing First Nations APS employees, a 0.1 per cent decrease since
1 May 2018 (2.2 per cent)
In line with the development of Defence’s next First Nations Approach, Defence has set
a new First Nations Employment Participation Target of five per cent for Defence’s
integrated workforce to be achieved by 2025.
First Nations Participation rates are captured through self-identification in Defence
systems.
Defence’s Indigenous Participation rates are consistent with the Indigenous population
across Australia, which currently sits at 3.2 per cent (based on the 2021 Census of
Population and Housing).
Defence’s First Nations Approach
Following the end of Defence’s fourth Reconciliation Action Plan (D-RAP) in December
2022, Defence has taken the opportunity to further elevate the voices of First Nations
personnel by engaging directly on what’s next; the Defence First Nations Approach.
Initial engagement with Defence personnel regarding the First Nations Approach
was completed in March 2023.
The First Nations Approach provides Defence with an opportunity to align directly to
the
National Agreement on Closing the Gap, noting the
National Agreement was
developed through deep consultation with First Nations communities and voices.
Defence will remain engaged with Reconciliation Australia and the National Indigenous
Australians Agency (NIAA) to ensure the approach aligns with the
National Agreement
and has a strong focus on Reconciliation.
As we respect the time that genuine engagement takes, we are expecting to deliver a
First Nations Approach in the second half of this year (2023).
If pressed: about Defence’s position on the Aboriginal and Torres Strait Islander Voice
Referendum
Defence recognises that Government has supporting roles to set the environment for
the ‘yes’ referendum campaigns, as well as supporting the Defence workforce through
the referendum.
Defence is committed to supporting our people, particularly First Nations people,
during this time and upholding the impartiality of Defence.
Defence personnel have a right to personal and political views, including on the
referendum and proposed Voice to Parliament. This must however be balanced with
the obligations of Defence employment and must remain apolitical.
Defence recognises there are a diversity of views being expressed, which some may
find distressing.
Prepared By:
Cleared By:
Name: s47E(d)
Name: Justine Greig
Position: Director, Culture Strategy and Implementation
Position: Deputy Secretary
Division: People Policy and Culture
Group/Service: Defence People Group
Phone: s22
Phone: s47E(d) / s22
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Document 45
In May, the Secretary and CDF sent out a message to all Defence personnel reminding
them of their obligations to the Defence Values and Behaviours in the lead-up to the
Referendum.
The all-staff message provided details of support services available for personnel
impacted by negative commentary and discourse around the Referendum.
Defence’s Indigenous Champions subsequently distributed communications to all
Defence Senior Leaders reminding them of the need to support all personnel,
particularly First Nations personnel, in the lead-up to the Referendum, given the
impact of public commentary on many personnel.
A comprehensive Intranet site has been developed to support personnel in the lead-up
to the Referendum which includes details of support services available. These include:
The Defence Employee Assistance Program (EAP) (1300 687 327) and the
ADF Health & Wellbeing 'Fighting Fit' Portal.
The Employee Assistance Program's dedicated First Nations Helpline and 13YARN,
the national support hotline.
Cultural awareness
First Nations cultural awareness:
fosters a more inclusive and culturally safe workplace in Defence, which fully
appreciates the unique skillsets that First Nations peoples bring to the Defence
workforce;
supports reconciliation and contributes to the
National Agreement;
enriches engagement with First Nations communities across Australia.
supports Defence being recognised and appreciated as an employer of choice for
First Nations peoples.
Defence’s Indigenous Cultural Learning Portal is an online ‘one-stop shop’ to build
cultural understanding, including knowledge of the diversity of First Nations peoples,
their languages, histories and rich cultural traditions.
The Portal provides Defence personnel with access to a range of online courses,
key policies, reports and websites, in addition to information on cultural
immersion activities.
Defence participates in the Jawun secondment program through which Defence
personnel embed with First Nations leaders, organisations and communities to achieve
personal development goals, while making meaningful contributions to the lives of First
Nations people and their communities.
Jawun provides a unique cultural immersion experience for participants and is
designed to increase their understanding, value and recognition of Indigenous
cultures, histories and knowledge while enhancing their own existing leadership
qualities.
Prepared By:
Cleared By:
Name: s47E(d)
Name: Justine Greig
Position: Director, Culture Strategy and Implementation
Position: Deputy Secretary
Division: People Policy and Culture
Group/Service: Defence People Group
Phone: s22
Phone: s47E(d) / s22
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Document 45
If asked: about whether the D-RAP has been audited by a First Nations community
organisation
Defence’s previous D-RAP was developed in partnership with Defence Groups and
Services, the Defence Aboriginal and Torres Strait Islander Network (DATSIN), the
Defence Indigenous Champion, the Indigenous Cultural Advisory Group (ICAG) and an
external Indigenous Cultural Advisor.
In 2021, the Australian Human Rights Commission delivered its Indigenous Inclusivity in
Defence report. As part of its development, extensive consultation was undertaken
with First Nations communities, which was used to inform a comparative review of how
Defence was tracking in relation to the D- RAP.
The report was used to establish current and potential activities and initiatives in
Defence, including the development of the First Nations Approach.
Following the conclusion of the D-RAP in 2022, a national engagement process was
undertaken with First Nations stakeholders to assess outstanding D-RAP deliverables
and engage on a new approach.
Ongoing engagement continues with First Nations personnel and other key
stakeholders on Defence’s First Nations approach.
Background
Outcomes of the Defence Reconciliation Action Plan 2019-2022
The Defence Reconciliation Action Plan 2019-2022 (the D-RAP) nominally ended in
December 2022.
Defence has successfully completed 42 of the 61 D-RAP actions (69 per cent).
One action will not be achieved.
The 18 actions not met in the lifecycle of the D-RAP, will be assessed for potential
incorporation into the First Nations Approach currently being developed.
First Nations Recruitment and Employment
Defence has multiple pathways for First Nations peoples to join the ADF.
The Tri-Service Indigenous Pre-Recruit Program (IPRP) is a six week residential
course for First Nations people focusing on boosting physical fitness, personal
development and cultural appreciation.
Navy and Army both offer First Nations Development Programs for those who
want to join the ADF but may be challenged by required reading, writing or
fitness levels.
Air Force Indigenous Recruitment Pathways, which includes fitness, education
and mentoring programs supported by TAFE courses, tertiary bridging initiatives
and undergraduate study programs.
Defence has a targeted Australian Defence Force Specialist Recruiting Team –
Indigenous, who mentor First Nations candidates through each of the programs and
engage with community leaders to promote the ADF as an employer of choice.
Prepared By:
Cleared By:
Name: s47E(d)
Name: Justine Greig
Position: Director, Culture Strategy and Implementation
Position: Deputy Secretary
Division: People Policy and Culture
Group/Service: Defence People Group
Phone: s22
Phone: s47E(d) / s22
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Document 45
For civilian employment pathways, Defence supports the Indigenous APS pathways
program, the Indigenous Graduate Pathway and the Indigenous Apprenticeship
Program (IAP).
Defence manages the marketing and recruitment for the 12-month Australian
Government Indigenous Graduate Pathway on behalf of other federal
government agencies.
The IAP is a 12-month program that provides on-the-job training while working at
the APS 2 or 3 level towards a nationally recognised Certificate IV or Diploma
qualification.
Defence participates in the Indigenous Australian Government Development
Program (IAGDP), an entry-level 12 month program employment program open
to all Aboriginal and/or Torres Strait Islander people.
Defence also regularly advertise positions under the APS Commissioner’s Indigenous
Affirmative Measure.
First Nations Retention
Defence supports a range of programs aimed to enhance career development for First
Nations personnel designed to develop leadership skills in a culturally safe and
appropriate manner.
These include the Indigenous Development Employment Program (IDEP) and
Emerging Indigenous Executive Leadership Program (EIELP) leadership programs.
Defence has the Aboriginal and Torres Strait Islander Network (DATSIN) – an employee
network which is a communication vehicle providing informal support to its members.
First Nations employees have access to leave for cultural and ceremonial purposes, for
example during NAIDOC Week.
Building cultural awareness into Defence policy, programs and strategy
First Nations personnel have historically made, and continue to make a significant
contribution to Defence capability through their unique skillsets, knowledge and
perspectives.
Defence has formal structures in place across the organisation to ensure we are
listening to First Nations voices and are culturally informed:
The Indigenous Cultural Advisory Group (ICAG) is comprised of Group and Service
First Nations personnel selected by their senior leaders, and provides strategic
cultural advice and guidance.
This ensures policies, strategies, projects and programs are appropriately
developed, targeted and culturally appropriate while still remaining focused
on Defence capability.
Service Elders guide their Services with cultural and strategic advice, mentoring
and support, enhance cultural intelligence and enhance links with First Nations
communities.
Prepared By:
Cleared By:
Name: s47E(d)
Name: Justine Greig
Position: Director, Culture Strategy and Implementation
Position: Deputy Secretary
Division: People Policy and Culture
Group/Service: Defence People Group
Phone: s22
Phone: s47E(d) / s22
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Army and Air Force have dedicated Indigenous Liaison Officer networks, which
actively engage with First Nations communities and provide advice to leaders
regarding cultural matters.
Community Engagement and Liaison Officers perform this function for
Navy.
For over a decade, Defence has appointed an Indigenous Champion to advocate
for greater outcomes for Aboriginal and Torres Strait Islander peoples,
communities and businesses. The role enables an inclusive culture by providing
visible leadership, support and advocacy for a range of Indigenous initiatives
across Defence.
The current Indigenous Champions are the Chief of Air Force and Deputy
Secretary Security and Estate Group.
First Nations community assistance as part of Closing the Gap
The ADF provides community assistance to remote First Nations communities through
Army’s Aboriginal Community Assistance Programme (AACAP) and Air Force’s Exercise
Kummundoo.
AACAP is a housing, infrastructure and essential services program while Exercise
Kummundoo is a health (predominantly dental) program delivered to remote
communities. These activities aim to improve environmental health and living
conditions in remote First Nations communities.
Defence’s contribution to the Indigenous Procurement Policy
Defence continues to exceed Australian Government targets under the Indigenous
Procurement Policy (IPP).
Defence has awarded over 6,438 contracts to First Nation businesses at a value of
$610 million for FY 20/21.
We exceeded the target for FY 2020/21 of 676 contracts at a value of
$110 million.
Defence was this year again awarded Supply Nation’s Government Member of
the Year Award for achievement in First Nations government procurement.
If pressed: about Dual-naming of Defence Bases and Buildings
Defence’s conventions for the naming of major bases and establishments reflect the
rich history and tradition of the Australian Defence Force.
As an initiative of the previous D-RAP, Defence commenced a project to recognise First
Nations place names alongside the existing base name at 55 major bases and
establishments. Throughout 2020 and 2021, Defence engaged with traditional owner
groups to reach agreement on the First Nations name for the bases in each location.
In August 2021, following the impacts of COVID the decision was to not proceed with
the dual-naming initiative and instead redirect efforts and resources to improve
employment and procurement outcomes for First Nation Australians.
Prepared By:
Cleared By:
Name: s47E(d)
Name: Justine Greig
Position: Director, Culture Strategy and Implementation
Position: Deputy Secretary
Division: People Policy and Culture
Group/Service: Defence People Group
Phone: s22
Phone: s47E(d) / s22
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‘Recognition of Indigenous Place Names on the Defence Estate’ project is proposed for
inclusion in the next First Nations approach Defence is currently developing.
Supporting Information
Questions on Notice
Additional Estimates: 15 February 2023
In
QoN 1896, ADF’s Reconciliation Action Plan, Senator Shoebridge (Australian Greens,
New South Wales) asked whether Defence’s Reconciliation Action Plan had been
audited by any First Nations community organisations.
Freedom of Information (FOI) Requests
None.
Recent Ministerial Comments
DPM has made a number of recent comments in the media in support of the First
Nations Voice to Parliament and Referendum.
Relevant Media Reporting
There was some commentary around the 80th anniversary of the Torres Strait Islander
Light Infantry Battalion, which occurred on 17 March 2023.
In October, there was media commentary around supports available for First Nations
personnel in Defence and cultural safety following evidence given during Royal
Commission into Defence and Veteran Suicide hearings.
Prepared By:
Cleared By:
Name: s47E(d)
Name: Justine Greig
Position: Director, Culture Strategy and Implementation
Position: Deputy Secretary
Division: People Policy and Culture
Group/Service: Defence People Group
Phone: s22
Phone: s47E(d) / s22
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Document 45
Division:
Culture and People Development Branch, People Policy and Culture
Division
PDR No:
SB23-000655
Prepared by:
Cleared by Division Head:
s47E(d)
, Director Culture Strategy
David Nockels, First Assistant Secretary
and Implementation, CPD
People, Policy and Culture
Mob: s22
Mob: s22
Date: 23 May 2023
Date: 24 May 2023
Consultation: Army, Navy, RAAF, and Indigenous Champions
Cleared by CFO / DPG / DSR: N/A
Cleared by Deputy Secretary (or equivalent Band 3/3*):
Date: 24 May 2023
Justine Greig, Deputy Secretary Defence People
Questions on notice referred to within the brief:
Additional Estimates: 15 February 2023
QoN 1896: Defence Reconciliation Action Plan 2019-2022
Senator David Shoebridge
Question
Has the ADF's Reconciliation Action Plan been audited by a First Nations community
organisation; if yes, which organisation; if not, why not.
Answer
Not yet tabled.
Prepared By:
Cleared By:
Name: s47E(d)
Name: Justine Greig
Position: Director, Culture Strategy and Implementation
Position: Deputy Secretary
Division: People Policy and Culture
Group/Service: Defence People Group
Phone: s22
Phone: s47E(d) / s22
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Annex 1 – Navy’s First Nations Participation
Navy Indigenous Advisor/Staff Officer Navy Indigenous Affairs
The Navy Indigenous Advisor and Senior Officer Navy Indigenous Advisor
positions provide advice to Navy Senior Leadership on First Nations community
issues or opportunities to attract, recruit and retain First Nations members within
Navy.
Based in Canberra, they are also engaged with other First Nations Service and
Group teams in the creation of broader Defence First Nations policy and advice.
Senior Navy Indigenous Champion/Senior Navy Indigenous Member
The Senior Navy Indigenous Champion and Senior Navy Indigenous Member are
ancillary positions who provide the National Indigenous Advisor and Senior
Officer National Indigenous Advisor with messaging support at the Force
Command and Senior Leadership level.
The Senior Navy Indigenous Champion is also the primary driver of the Navy
Strategic Indigenous Foundations project.
The Navy Indigenous Action Plan 2020-2023 (NIAP)
The Navy Indigenous Action Plan is the first document created by Navy to marry
the deliverables of the Defence Reconciliation Action Plan with actionable tasking
and clear accountability for Navy Force and Unit Commands.
The Action Plan remains extant and will be updated following the release of the
Defence First Nations Approach document.
Regional Indigenous Development Coordinator Network
The Regional Indigenous Development Coordinator (RIDC) network consists of six
permanent, identified positions attached to HMAS Cairns, HMAS Cerberus, HMAS
Coonawarra, HMAS Kutttabul, the Shoalhaven (HMAS Albatross/Creswell) and
HMAS Stirling.
The RIDC’s are key drivers to culturally supportive and informed workplaces,
assisting local Command and Divisional staff on pertinent policy and
opportunities to provide culturally informed support to Indigenous members.
RIDC’s are also key to linking Navy to Traditional Elders, Communities and
Organisations in each region.
‘Navy Strategic Indigenous Foundations’ project
During the previous Chief of Navy’s visit to Blue Mud Bay in Apr 2022, the site of
the 2008 High Court of Australia decision granting Indigenous people sea rights,
the previous Chief of Navy met with Aboriginal artist and influential Indigenous
leader, Djambawa Marawili, OAM.
This meeting was the first step in developing a narrative that links the Royal Navy
history to Indigenous maritime history.
This ongoing relationship and associated project builds a framework for the
establishment and building of relationships between Individual Navy units and
establishments and Traditional Owners, based on ceremonial home ports.
Prepared By:
Cleared By:
Name: s47E(d)
Name: Justine Greig
Position: Director, Culture Strategy and Implementation
Position: Deputy Secretary
Division: People Policy and Culture
Group/Service: Defence People Group
Phone: s22
Phone s47E(d)
/ s22
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Last updated: 23 May 2023
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FOI 789/22/23
Key witness: Justine Greig
Document 45
Navy Indigenous Development Program Elders
In recognition of the requirements to provide cultural safety and support, an
Aunty and Uncle have been added to the Navy Indigenous Development Program
staff from the beginning of 2022.
Aunty Fran and Uncle Phillip are former members of the RAN and have been
employed under the General Mariner category for their involvement with the
Navy Indigenous Development Program.
Navy Indigenous Cultural Performer
The RAN Band has created two positions for Indigenous members who play
traditional Indigenous instruments to join the band.
Both Indigenous members also provide insight and Indigenous cultural elements
to the Navy band and ceremonial engagements.
The first member was engaged 2022.
Navy Indigenous Performance Group “Bungaree”
Established in 2013 as part of the Royal Australian Navy’s International Fleet
Review, Bungaree provides Navy the ability to showcase the Traditional Cultural
heritage of its First Nations members at International, Defence related or First
Nations community events of significance.
The cultural immersion camps attached to these performances also create
important support networks and unofficial mentoring relationships between
members.
Prepared By:
Cleared By:
Name: s47E(d)
Name: Justine Greig
Position: Director, Culture Strategy and Implementation
Position: Deputy Secretary
Division: People Policy and Culture
Group/Service: Defence People Group
Phone: s22
Phone: s47E(d) / s22
Page
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Last updated: 23 May 2023
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FOI 789/22/23
Key witness: Justine Greig
Document 45
Annex 2 – Army’s First Nations Participation
Army - Full-time Force
First Nations Australians comprise 3.8% of the full-time force.
Army has had notable success in achieving Indigenous participation since the
commencement of Specialist Recruiting Teams Indigenous (2014) and Indigenous
pathways programs, such as Army Indigenous Development Program (2016),
resulting in a bow-wave of First Nations members rising through the junior ranks
at more than 5% of their cohort.
Army - Part-time Force
First Nations Australians comprise 4.4% of the part-time force.
Army has achieved high levels of First Nations participation in the Regional Force
Surveillance Units (RFSUs) including, NORFORCE, 51 Far North Queensland
Regiment and the Pilbara Regiment.
These units have long-standing and deep connections to the areas in which they
operate and recruit from these same areas.
Army Officers
First Nations participation rates remain notably low among the officers: 0.8% for
full-time officers (compared to 4.7% of Other Ranks) and 1.1% for part-time
officers (compared to 5.3% of Other Ranks).
Increasing the number of commissioned First Nations officers is a priority for
Army.
In 2023, Army assembled a team of First Nations Officers and Non-Commissioned
Officers to design targeted initiatives to encourage First Nations commissioning,
both in-service and ab initio.
The Defence First Nations Approach
Army supports the development of Defence’s First Nations Approach.
Army personnel have participated in the initial engagement, which was
completed in March 2023.
Integrated within this process, Army is developing its own future initiatives, to be
nested within the Approach as an Army First Nations Strategy.
Army Cultural Awareness and Learning
Army has had some notable successes in developing the culturally intelligent
leadership at the unit level. Some Army units have made prominent contributions
to ‘Closing the Gap’ through mutually beneficial relationships with partners in the
First Nations Community. Three notable examples include:
The Proud Warrior Program developed by 2nd Cavalry Regiment in
partnership with the Townsville First Nations community, which has
achieved impressive outcomes creating positive behaviour among
disengaged First Nations youth.
Partnership between 1st Combat Engineer Regiment (1CER) and Arafura
Swamp Rangers Corporation in Ramingining and Yirralka Rangers in Yirrkala,
Eastern Arnhem Land. Through two-week long collaborations in 2021-2022
1CER has assisted rangers on a range of capacity building projects.
Prepared By:
Cleared By:
Name: s47E(d)
Name: Justine Greig
Position: Director, Culture Strategy and Implementation
Position: Deputy Secretary
Division: People Policy and Culture
Group/Service: Defence People Group
Phone: s22
Phone: s47E(d) / s22
Page
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Key witness: Justine Greig
Document 45
Partnership between 1st Battalion Royal Australian Regiment (1RAR) and
Gudjada Rangers in Townsville. 1RAR has collaborated with rangers
connected to local traditional owners in Townsville, to tag turtles and share
knowledge of bush-craft.
Regional Force Surveillance Unit - NORFORCE
51 Far North Queensland Regiment and the Pilbara Regiment maintain a high
level of cultural intelligence within their Areas of Operation.
This is built upon high rates of First Nations participation and long-standing
connections to First Nations communities in their areas of operation.
Regional Force Surveillance Unit’s maintain proud traditions of shared service and
defence of country dating back to World War 2.
A notable example, highlighted in this brief is C Company, 51 Far North
Queensland Regiment, which commemorated the 80th Anniversary of the
Torres Strait Light Infantry Battalion in 2023 – an antecedent unit whose
traditions it proudly maintains.
Army Cultural Learning Strategy
Building upon successful cultural learning at the unit level, Army is currently
supporting Army’s First Nations leaders to develop a Cultural Learning Strategy.
The Strategy is being developed as a systematic learning continuum that will give
every member in Army the opportunity to conduct cultural immersion and
deliberately practice cultural intelligence throughout their career.
The Strategy is led by the Army Elder, Aunty Lorraine Hatton OAM and the Army
Indigenous Cultural Advisory Board. It is intended to sit alongside and enable
Army’s future First Nations Strategy.
It will be launched in 2024.
Prepared By:
Cleared By:
Name: s47E(d)
Name: Justine Greig
Position: Director, Culture Strategy and Implementation
Position: Deputy Secretary
Division: People Policy and Culture
Group/Service: Defence People Group
Phone: s22
Phone: s47E(d) / s22
Page
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Key witness: Justine Greig
Document 45
Annex 3 – Air Force’s First Nations Participation
The Air Force Strategy 2017-2027
The Air Force Strategy 2017-2027 outlines a set of strategic change vectors that
shapes how Air Force is transforming to a fifth generation force over the next
decade and beyond, including First Nations participation.
Our Place, Our Skies Strategy
Our Place, Our Skies Strategy recognises the unique position held by Aboriginal
and Torres Strait Islanders as Australia’s First Peoples. The strategy has been
updated to ensure Air Force’s approach is respectful of the world views of
Australia’s First Peoples, and increases understanding of connections to people
and place, history and culture, spirit and belonging.
The Senior Indigenous Leadership Circle
The Senior Indigenous Leadership Circle is Air Force’s principle cultural advisory
group comprising the Air Force Elder and a selected range of Aboriginal and/or
Torres Strait Islanders who hold key Indigenous Affairs positions within Air Force.
Air Force Indigenous Elder
The appointment of Aunty Deborah Booker, Aunty Deb, as the second Air Force
Indigenous Elder, continues our recognition of the proud history of service
provided by Aboriginal and Torres Strait Islander peoples and the value that we
place on the Elder’s contribution to inclusion and reconciliation.
Exercise Kummundoo
Exercise Kummundoo is an Air Force Community Engagement program that
delivers Health Services to rural and remote Aboriginal and Torres Strait Islander
communities.
Exercise Kummundoo is organised in consultation with the National Aboriginal
Community Controlled Health Organisation (NACCHO) under a five year
Memorandum of Understanding between the Air Force and NACCHO.
Community Engagement
Air Force participates in cultural immersion and community engagement activities
with local Indigenous groups and Elders through cultural walks, tours and
education sessions. Recent and upcoming events include:
Bush Tucker morning tea, including Smoking Ceremony and Welcome to
Country on 26 May 2023 (RAAF Base Darwin),
Smoking and Dance Ceremony at the Murrook Cultural Heritage and
Education Centre on 1 June 2023 (RAAF Base Williamtown), and
Stolen Generation guest speaker on 5 June 2023 (RAAF Base Townsville).
Bush tucker and cultural understanding events in the Canberra region on
Ngunnawal country throughout 2023 presented to key leaders of the Air
Force and Air Force Headquarters.
Prepared By:
Cleared By:
Name: s47E(d)
Name: Justine Greig
Position: Director, Culture Strategy and Implementation
Position: Deputy Secretary
Division: People Policy and Culture
Group/Service: Defence People Group
Phone: s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-000655
Last updated: 23 May 2023
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Key witness: Justine Greig
Document 45
Annex 4 – Indigenous Champions
The role of the Indigenous Champions
Defence’s Indigenous Champions model was formalised in 2017.
The current Defence’s Indigenous Champions are Chief of Air Force, Air
Marshal Robert Chipman, AM, CSC and Celia Perkins, Deputy Secretary
Security and Estate Group.
The Secretary and Chief of Defence Force endorsed the appointments of
Ceilia Perkins in October 2021 and Air Marshal Robert Chipman in July
2022.
Defence's Indigenous Champions advocate for First Nations participation within
Defence and drive cultural awareness through Defence-specific and whole of
Government initiatives. This includes:
Promotion of First Nations procurement opportunities in Defence through
the Commonwealth's IPP;
Promotion of and encouragement of First Nations cultural awareness and
inclusion throughout Defence (for example: e-learning and Ngunnawal
language training);
Representation on Whole-of-Government forums influencing First Nations
employment strategies and policies;
Raising the profile of and advocating for Defence’s First Nations Approach.
Promotion of Defence’s contributions to the Government's
National
Agreement on Closing the Gap.
Closing the Gap Strategy
Defence is committed to the Whole of Australian Government ‘Closing the Gap’
strategy through recruiting and retaining Aboriginal and Torres Strait Islander
men and women. We honour their service to this nation in times of peace and
conflict. Defence recognises the unique skill sets, knowledge and perspectives
that Aboriginal and Torres Strait Islander peoples bring to strengthen and
enhance our capability.
Duntroon Yarning Circle
On 12 May 2023, the ADF Indigenous Champions (Chief of Air Force and Deputy
Secretary Security and Estate Group) launched the Yarning Circle and Indigenous
Garden within the existing Duntroon Gardens in order to support the intent of
the Defence Reconciliation Action Plan 2019-22.
The intent is to deliver a bush tucker garden and integrated yarning circle,
facilitating engagement with Aboriginal and Torres Strait Islander peoples,
and offering opportunities to local Aboriginal groups to use the facility for
Cultural educational opportunities for Defence personnel.
The chosen location, Duntroon Gardens, is a highly significant Defence
heritage asset and is included on the Commonwealth Heritage List (CHL).
Duntroon Gardens are maintained for their heritage values and used for
high profile functions with Australian and foreign dignitaries and significant
military events such as Army officer graduation ceremonies.
Prepared By:
Cleared By:
Name: s47E(d)
Name: Justine Greig
Position: Director, Culture Strategy and Implementation
Position: Deputy Secretary
Division: People Policy and Culture
Group/Service: Defence People Group
Phone: s22
Phone: s47E(d) / s22
Page
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Key witness: Justine Greig
Document 45
The establishment of a bush tucker garden which encompasses a yarning
circle within Duntroon Gardens not only addresses a need and gives a
prominent location but it also aligns with key RMC Duntroon Heritage
Management Plans and Interpretation plans to assist with telling the story
that Duntroon has an Indigenous past and is valued by the local Indigenous
community.
Prepared By:
Cleared By:
Name: s47E(d)
Name: Justine Greig
Position: Director, Culture Strategy and Implementation
Position: Deputy Secretary
Division: People Policy and Culture
Group/Service: Defence People Group
Phone: s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-000426
Last updated: 1 May 2023
Recruitment and Retention
FOI 789/22/23
Key witness: Justine Greig; Rear Admiral Robert Plath
Document 46
In response to the Defence Strategic Review, the Government has identified investment
in growth and retention of a highly-skilled Defence workforce as an immediate priority
The Government has agreed to the Defence Strategic Review’s four recommendations
relating to recruitment and retention:
Options will be developed to change Defence’s recruitment framework to
improve the eligibility pool of potential applications and to align service
recruitment requirements to military employment, especially in key technical and
specialist trades (cyber, engineering, space, etc.).
Options will be developed to change the policy and risk settings to improve the
achievement of recruitment targets by 2024.
ADF personnel management will be centralised into a single integrated system
that is headed by a Chief of Personnel, reporting directly to the Chief of the
Defence Force; and
A comprehensive strategic review of the ADF Reserves, including consideration of
the reintroduction of a Ready Reserve Scheme, will be conducted by 2025.
As part of the 2023-24FY Budget, the Government has agreed to progress the following
initiatives in support of workforce growth and retention:
An ADF Continuation Bonus – In response to the Defence Strategic Review, the
Government is investing approximately $395 million to establish a Continuation
Bonus initiative. Australian Defence Force (ADF) personnel could be eligible for a
$50,000 bonus payment for ongoing service, as part of the Government’s
commitment to invest in the growth and retention of a highly-skilled Defence
workforce. For more information refer to SB23-000644.
A Defence Housing Feasibility Review – To consider the contemporary and future
housing needs of Defence and ADF members, review policies relating to Defence
residences and rental assistance against these needs, review current home
ownership support benefits and policies and identify new opportunities to
encourage and enable home ownership to ADF members. ($2.0 million has been
allocated in the 2023-24FY).
The permanent ADF workforce has declined to 57,221, which decreased by 1,141over
the last 12 months.
The ongoing APS workforce has increased to 18,085, which increased by 1,266 over the
last 12 months.
The permanent ADF 12 month rolling separation rate was 11.4 per cent, which increased
from 11 per cent 12 months ago.
The ongoing APS 12 month rolling separation rate was 12.4 per cent, which decreased
from 12.7 per cent 12 months ago.
Prepared By:
Cleared By:
Name: Michael Howell
Name: David Nockels
Position: Assistant Secretary
Position: Acting Deputy Secretary
Branch: Recruiting and Retention
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Key witness: Justine Greig; Rear Admiral Robert Plath
Document 46
The ADF Employment Offer Modernisation Program commenced in October 2019 to
ensure a contemporary and competitive offer to attract and retain the workforce needed
to support capability.
Important reforms from the ADF Employment Offer Modernisation Program have already
been implemented including providing more flexibility in housing choices, increasing
access to various forms of leave and modernising and simplifying ADF salary. The next
suite of initiatives are planned for implementation from 25 May 2023 through to mid-
2024. These include:
New Allowance Framework, called the Military Factor Framework (phased
implementation from 25 May 2023).
New Categorisation Framework and a change to categorisation terminologies
(effective 01 July 2023).
New Location Framework (effective 01 July 2023).
Additional 5 days Basic Recreation Leave (effective 01 July 2023) and flexibility in
how members use their leave (rolling implementation from 01 July 2023).
To support any potential impacts from ADF Employment Offer Modernisation
Program initiatives, the permanent trained force annual salary rates will be
increased by $2,000 (pro-rata for Reserves and Trainees).
The Recruiting and Retention Tiger Team Final Report, delivered to the Secretary and
Chief of the Defence Force in September 2022, provides a range of enterprise initiatives
for consideration.
In October 2022, the Secretary and Chief of the Defence Force agreed to implement six
initiatives for immediate action that provide further support to APS and ADF serving
members:
The expansion of the ADF Family Health Benefit, which increased reimbursable
services and allowance for dependents and came into effect in December 2022.
Changes to Remote Locality Leave Travel, which included an additional trip home
per year for those working in remote locations and came into effect in
November 2022.
Changes to the Defence travel policy that made allowances more accessible,
came into effect in October 2022 and has received significant positive feedback
from Defence personnel.
The expansion of the Defence Assisted Study Scheme and Study Bank programs
came into effect in late 2022 and are aimed at improving and increasing access to
education opportunities and enable more of our people to undertake study.
Further improvements are being made to increase program uptake and make it
easier for people to apply. These additional benefits will begin to be realised from
July 2023.
Prepared By:
Cleared By:
Name: Michael Howell
Name: David Nockels
Position: Assistant Secretary
Position: Acting Deputy Secretary
Branch: Recruiting and Retention
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Recruitment and Retention
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Key witness: Justine Greig; Rear Admiral Robert Plath
Document 46
The revised ADF Higher Duties Allowance policy, which came into effect in
February 2023, seeks to adequately compensate ADF members when they
conduct higher duties.
A clear APS and ADF Employee Value Proposition framework, to be introduced in
2023, will enable everyone to easily understand the value of working for Defence.
The implementation costs for immediate actions for 2023-24 is estimated to be
between $100 and $110 million.
The retender of the current Recruiting Service contract has provided an opportunity for
Defence to update and refresh the current ADF recruiting system to achieve current
and future demand from the Navy, Army and Air Force.
The new contract will better enable Defence to meet future growth for workforce
transformation outlined in the 2020 Force Structure Plan and 2020 Defence Strategic
Update.
After a comprehensive contracting process the new recruiting service contract was
signed with Adecco Australia on 21 October 2022.
-
Contract transition commenced in November 2022; and
-
new contract will be operational on 01 July 2023.
The new arrangements will provide an opportunity to contract for a system to deliver
100 per cent of targets in 100 days (from application to letter of offer), supported by
candidate-centric behaviours.
If pressed: What is Defence currently doing to address ADF recruiting achievement?
Defence is implementing initiatives to increase recruiting outcomes in the short term.
These include:
increasing candidate care and contact through the recruiting process;
increasing the number of events and engagements Defence Force Recruiting
attends, particularly in schools, following a dramatic decrease in face-to-face
engagements due to COVID-19;
maintaining the virtual engagements and processes that were effective through
COVID-19; and
utilising an increased advertising budget across a variety of media channels,
combined with campaign and targeted advertising, to explain how Defence’s
employment offer can address the contemporary needs of young Australians.
Navy, Army and Air Force – who set the criteria for entry to their respective service –
continue to review the nature of medical, aptitude, psychological and fitness standards,
as well as background security checks, to ensure the widest pool of candidates can be
considered for appointment or enlistment and subsequent training.
Prepared By:
Cleared By:
Name: Michael Howell
Name: David Nockels
Position: Assistant Secretary
Position: Acting Deputy Secretary
Branch: Recruiting and Retention
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-000426
Last updated: 1 May 2023
Recruitment and Retention
FOI 789/22/23
Key witness: Justine Greig; Rear Admiral Robert Plath
Document 46
The Services are considering amendments to aspects of their employment offer – such
as reductions to initial minimum periods of service – which might improve the
propensity of individuals to consider a Defence career.
If pressed: What is Defence currently doing to address ADF separation rates?
Retention is an ongoing focus, particularly for the middle ranks of the ADF: the
Corporal, Sergeant, Captain, and Major equivalents with six to ten years of service
experience.
ADF members are provided with an employment package which consists of housing
(including the Defence Home Ownership Assistance Scheme), remuneration (including
superannuation), medical and dental care, and professional development
opportunities.
The employment package also supports families which is an important factor in
enabling our members to undertake their unique roles.
The current ADF employment offer is comprehensive, however over time it has become
overly complex and outdated making it difficult for members and their families to
understand and for Defence to maintain and administer.
The ADF Employment Offer Modernisation Program commenced in October 2019 to
modernise and simplify the ADF employment offer with a focus on three streams of
work based on member feedback - allowances, housing and categorisation.
Through these work streams, numerous initiatives have been implemented from
July 2019 to April 2022, including:
Improvements to housing flexibility and choice for ADF members with additional
housing options now available.
The option of a flexible home location for members posted to sea, more housing
choices in metropolitan areas, a flexible housing trial to support diverse family
needs and an extension to the time to access a removal post transition.
Improvements to help support members and their families with additional and
more flexible access to parental leave, easier access to carers leave, and more
flexibility in how members access their long service leave.
The introduction of Military Salary, which combined four allowances—service,
reserve, trainee and uniform allowances - into members’ base salary.
There are a number of service-level initiatives that contribute to Defence’s overall
recruiting and retention efforts. These initiatives vary in size and scope. They are
designed to meet specific workforce sectors of the ADF.
Army are currently modernising career management to be simplified, streamlined
and more responsive to Army personnel needs in the total workforce system.
Prepared By:
Cleared By:
Name: Michael Howell
Name: David Nockels
Position: Assistant Secretary
Position: Acting Deputy Secretary
Branch: Recruiting and Retention
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Recruitment and Retention
FOI 789/22/23
Key witness: Justine Greig; Rear Admiral Robert Plath
Document 46
The Navy has introduced a People Wellbeing Program that recognises resilience
and positive mental health as critical enablers which support a modern Navy
construct, for both current and former serving members.
The Air Force has offered targeted retention bonuses to growing ADF workforce
sectors in high demand such as cyber, intelligence and ICT.
As at 01 May 2023 Defence forecasts it will achieve 74.2 per cent of the 2022-23 ADF
enlistment target.
Supporting Information
Questions on Notice
Budget Estimates Hearing: 9 November 2022
QoN 37, Review into recruitment and retention, Senator David Fawcett (Liberal, South
Australia) asked about the recruiting and retention team established in April 2022.
QoN 70, ADF Recruitment Review, Senator David Fawcett (Liberal, South Australia)
asked a series of questions on the ADF Recruitment Review.
QoN 77, PBS Recruiting and Retention Team, Senator David Fawcett (Liberal, South
Australia) asked a series of questions on the Portfolio Budget Submission Recruiting
and Retention team.
QoN 80, Minister Keogh Speech HMAS Waterhen – retention, Senator David Fawcett
(Liberal, South Australia) asked a series of questions on Minister Keogh’s Speech on 3
September 2022.
Freedom of Information (FOI) Requests
None.
Recent Ministerial Comments
No recent comments.
Relevant Media Reporting
On 15 December 2022, The Canberra Times published an article titled,
Is your APS boss
a dud? Best, worst managers ranked. Journalist Harley Dennett stated the APS census
revealed Defence officials had the least faith in the competence of their senior leaders
in 2022.
On 09 December 2022, The Advertiser published an article titled,
Push to fast-track
visas for workers. Reporter Gabriel Polychronis undertook an in-depth report on
options for a special “AUKUS Visa”, granting skilled defence workers from Britain and
Prepared By:
Cleared By:
Name: Michael Howell
Name: David Nockels
Position: Assistant Secretary
Position: Acting Deputy Secretary
Branch: Recruiting and Retention
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
6 of
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PDR No: SB23-000426
Last updated: 1 May 2023
Recruitment and Retention
FOI 789/22/23
Key witness: Justine Greig; Rear Admiral Robert Plath
Document 46
the United States quicker access to Australian working rights ahead of the nuclear-
powered submarine build in Adelaide.
On 09 December 2022, The Daily Telegraph published an article titled,
Our Future in
Safe Hands. Gabriel Polychronis and Paul Starick co-wrote examined the rapidly
evolving need to build a skilled workforce.
On 09 December 2022, The Advertiser published an article titled,
Defending Australia.
The article stated companies are scrambling to hire more than 10,000 skilled workers
over the next 15 years to build the most complex submarines and warships.
On 08 December 2022, The Advertiser published an article titled,
Generation Save Us.
Journalists Gabriel Polychronis Paul Starick, posited the Defence Strategic Review is
likely to create several new defence projects, giving rise to hi-tech job opportunities.
On 05 December 2022, the Canberra Times published in the supplement Public Sector
Informant,
Defence Jobs Australia glitch makes celebrity look like recruiter. This
referred to a Twitter post technical error.
On 04 December 2022, The Advertiser published an article titled,
Mission critical to
close skill gap. It highlighted the dire skill-worker gap for the hi-tech defence industry.
On 03 December 2022, The Advertiser published an article titled,
How you can help
Australia in need. Australia is in the midst of a science, technology, engineering and
mathematics skills shortage that is threatening to derail the Deputy Prime Minister’s
push to bolster defence capabilities.
On 03 December 2022, The Advertiser published an article titled,
Sign up for the Future
of Oz. Reported extensively on Australia’s mission in overcoming an expansive skills gap
imperilling the nation's defensive efforts.
Prepared By:
Cleared By:
Name: Michael Howell
Name: David Nockels
Position: Assistant Secretary
Position: Acting Deputy Secretary
Branch: Recruiting and Retention
Group: Defence People
Phone: s47E(d) / s22
Phone s47E(d)
/ s22
Page
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PDR No: SB23-000426
Last updated: 1 May 2023
Recruitment and Retention
FOI 789/22/23
Key witness: Justine Greig; Rear Admiral Robert Plath
Document 46
Division:
Recruiting and Retention
PDR No:
SB23-000132
Prepared by:
Cleared by Division Head:
Michael Howell, Assistant Secretary,
Rear Admiral Robert Plath, Head Recruiting
Recruiting and Retention
and Retention
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 5 April 2023
Date: 6 April 2023
Consultation:
Date: 5 April 2023
Fiona McSpeerin, Assistant Secretary,
Mob: s22
Ph: s47E(d)
People Policy and Employment Conditions
Brigadier Duncan Hayward, Director General Mob: s22
Ph: s47E(d)
- Defence Force Recruiting
Cleared by DSR:
Date: 1 May 2023
Alison West, A/FAS DSR Implementation
Cleared by Deputy Secretary:
Date: 11 April 2023
David Nockels, Acting Deputy Secretary
Defence People Group
Questions on notice referred to within the brief:
Budget Estimates 9 November 2022
Review into recruitment and retention
Senator David Fawcett
Spoken Question
Senator FAWCETT: Can I go to Defence personnel, please? Can I go to the recruiting and
retention team that was established in April 2022, and then in August star rank officers were
appointed to lead that. What have they achieved to date, and are there any
recommendations that they have brought forward that are being implemented by Defence?
Ms Greig: As you said, we established a dedicated recruiting and retention team to look at, in
addition to current initiatives in terms of lifting our recruiting and retention performance, to
look at what else Defence could do, both in terms of ADF and APS workforce. The team
commenced by really looking at what was already there, because we did not want to
duplicate what we were doing. I can talk in a moment on some of the key things that were
already in train. Having looked across the total Defence enterprise, also looked externally on
best practice, the team really focused on preparing some options that looked across the
recruiting and retention continuum.
Prepared By:
Cleared By:
Name: Michael Howell
Name: David Nockels
Position: Assistant Secretary
Position: Acting Deputy Secretary
Branch: Recruiting and Retention
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-000426
Last updated: 1 May 2023
Recruitment and Retention
FOI 789/22/23
Key witness: Justine Greig; Rear Admiral Robert Plath
Document 46
Senator FAWCETT: Sorry, before you go on, you mentioned the team several times. Could
you detail who is in the team and their backgrounds?
Ms Greig: It's a small team led by two two-star military officers and an SES band 1 officer,
with a very small team underneath. The purpose is to have a small, effective team to do fairly
in-depth, short, sharp review.
Senator FAWCETT: I'm trying to get my head around the fact that if we're trying to get best
practice on recruiting, someone who has commanded a ship or a regiment or a FEG in the air
force, for example, may not be Australia's best experts on that. Who did they reach out to
seek that best industry experience or expertise in terms of recruiting and retention?
Ms Greig: You touched on recruitment. In terms of ADF recruitment, Defence Force
recruiting, a lot of reforms are already occurring. The heavier focus is in terms of retention.
That is the heavier focus. In terms of who they reached out to, certainly other government
agencies. They also talked to a number of private sector companies that were looking at their
employment value propositions. It's probably best to give you that on notice, but there was
quite a lot of engagement very early on. In terms of the report that was completed, it is an
internal report that was then socialised with a number of people across the enterprise to get
views. There was also an assurance group, a collection of people to really contest some of the
ideas in the report. The report ultimately was presented to the Chief of the Defence Force
and the Secretary, and we are currently looking at what to prioritise out of that work. We
have initiated five elements of the work as what we call quick wins that we could put in train
quite easily and quite quickly to support not just ADF and APS members, but also there is an
element supporting ADF families. The next steps is a matter of prioritisation and looking at
where we will get the greatest impact, particularly in terms of ADF retention.
Senator FAWCETT: During the election campaign, the now government promised to initiate a
review into recruitment and retention. Given the work you've already done, is that going
ahead? Is it overlapping? What is the relationship between that election commitment and
the work you've already been doing?
Ms Greig: On the work we had commenced prior, currently the advice that we've given is: let
us keep going on this piece of work. That's not to say that an even larger independent review
is not necessary. It may be necessary. That's the advice to date.
Senator FAWCETT: Has that been accepted?
Ms Greig: I'm just trying to think if there has been a formal—
Senator FAWCETT: You can take that on notice.
Ms Greig: Yes. That has been the advice given. I need to check in terms of the formal
response.
Answer
During the Defence Recruiting and Retention review, Commonwealth agencies, international
partners and key industry were consulted including:
Prepared By:
Cleared By:
Name: Michael Howell
Name: David Nockels
Position: Assistant Secretary
Position: Acting Deputy Secretary
Branch: Recruiting and Retention
Group: Defence People
Phone s47E(d)
/ s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-000426
Last updated: 1 May 2023
Recruitment and Retention
FOI 789/22/23
Key witness: Justine Greig; Rear Admiral Robert Plath
Document 46
• Government: Australian Public Service Commission, Australian Taxation Office,
Australian Signals Directorate, Department of Prime Minister and Cabinet, Services
Australia, Department of Veterans’ Affairs, ACT Government.
• International partners: UK Ministry for Defence, Canada Ministry of Defence.
• Industry: Defence Families Australia, Ernst and Young, McKinsey and Company,
Kinexus, KPMG, PWC, Risk 2 Solution Group, Raise, RAND Australia, Synergy Group.
The Recruiting and Retention report recommends a range of initiatives for the Secretary and
CDF to consider. The report was finalised on 9 September 2022 and provide to the Deputy
Prime Minister and Minister for Defence Personnel.
Budget Estimates 9 November 2022
Review into recruitment and retention
Senator David Fawcett
Written Question
1. Are there going to be an ADF Recruitment Review?
2. That are the Terms of Reference of the Review from March vs October?
3. What are the reporting dates?
4. Will the Review cover:
a. Current recruitment and retention initiatives, including pay and conditions, and housing
and health assistance.
b. The ADF Gap Year program.
c. Potential new recruitment and retention initiatives, such as trying to attract skilled former
personnel back to the ADF to meet future workforce needs.
d. The efficiency and effectiveness of external recruitment practices.
e. Recruitment and retention of key skills and trades to determine if the new ADF workforce
strategy can adequately address these skills shortages.
f. Analysis of current retention measures, including the ADF’s total workforce system, and
possible alternatives.
5. How many people were recruited in 2021-22, and how many so far this year?
6. How many are currently in the recruiting process?
7. Who has the contract to manger recruitment, when was the contract last reviewed, what
are the KPIs for the contract?
8. What innovative processes are used for recruitment?
9. With Reference to Australian Signals Directorate’s (ASD) last Senate Estimates session, the
ASD is meeting and exceeding its recruitment targets, why can’t Defence meets its target?
10. How many people are in the team?
Prepared By:
Cleared By:
Name: Michael Howell
Name: David Nockels
Position: Assistant Secretary
Position: Acting Deputy Secretary
Branch: Recruiting and Retention
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-000426
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Recruitment and Retention
FOI 789/22/23
Key witness: Justine Greig; Rear Admiral Robert Plath
Document 46
11. What is their rank and/or ASL level
12. Who do they report to?
13. Who often do they report?
14. Has the Minister/s received any briefs from the Team? If so, on what date?
Answer
1. Defence finalised a Recruiting and Retention report on 9 September 2022 which
recommends a range of initiatives for consideration by the Secretary and Chief of the
Defence Force. A copy was provided to the Deputy Prime Minister and the Minister for
Defence Personnel.
2. Defence finalised a Recruiting and Retention report on 9 September 2022 which
recommends a range of initiatives for consideration by the Secretary and Chief of the
Defence Force. A copy was provided to the Deputy Prime Minister and the Minister for
Defence Personnel.
3. Refer to Question 1.
4. The Recruiting and Retention final report outlines the nature of the recruiting and
retention challenge and recommends a range of initiatives for the Secretary and CDF to
consider throughout 2023.
5. In 2021–22, Defence recruited 6,369 permanent and part-time Australian Defence Force
personnel. In 2021-22, Defence recruited 2,416 full-time and part-time APS employees. From
1 July 2022 – 31 Oct 2022, Defence recruited 2,244 permanent and part-time personnel to
the Australian Defence Force. From 1 July 2022, Defence has recruited 1,117 full-time and
part-time APS employees.
6. As of 31 October 2022, there were 20,634 candidates in the recruiting pipeline for the
Australian Defence Force. As of 28 November 2022, there were 968 APS recruitment
activities in process.
7. Refer to Senate Estimates Question No.81
8. Refer to Senate Estimates Question No.81
9. The Australian Defence Force workforce is not comparable to the ASD workforce.
10. The Recruiting and Retention Team consists of 13 personnel.
11. The Recruiting and Retention Team currently consists of 1 x Rear Admiral, 2 x SES Band
One, 3 x Executive Level 2, 2 x Executive Level 1, 1 x Commander, 1 x Lieutenant Commander,
1 x Lieutenant, 1 x Petty Officer, 1 x APS 4.
12. Deputy Secretary Defence People.
13. Weekly basis.
14. The Deputy Prime Minister and the Minister for Defence Personnel receive regular
briefings on recruitment and retention.
Prepared By:
Cleared By:
Name: Michael Howell
Name: David Nockels
Position: Assistant Secretary
Position: Acting Deputy Secretary
Branch: Recruiting and Retention
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-000426
Last updated: 1 May 2023
Recruitment and Retention
FOI 789/22/23
Key witness: Justine Greig; Rear Admiral Robert Plath
Document 46
Budget Estimates 9 November 2022
Portfolio Budget Submission Recruiting and Retention team
Senator David Fawcett
Written Question
With reference to the October 2022-23 Defence PBS Part 2, Page 17 - On 12 April 2022,
Defence established a Recruiting and Retention Team. On 12 April 2022, Defence established
a Recruiting and Retention Team:
1. What is the team currently working on?
2. What have the team achieved to date?
3. Has the team proposed any changes to Defence’s recruitment and retention? In August
2022, an ADF Star Rank Officer was appointed to head the Recruitment and Retention Team
to implement selected initiatives over the 2023-2024 period.
4. What initiatives will be implemented?
5. By when?
6. What are the expected outcomes?
7. What are the performance measures?
8. How will the implementation of the initiatives contribute to the 18,500 Defence recruit
target?
9. How will the implementation fit in with the overarching findings of the Recruiting and
Retention Team?
10. How will the Recruitment and Retention Team overlap with the proposed ADF
Recruitment Review?
Answer
1. The Secretary and Chief of the Defence Force announced the launch of six ‘Quick Win’
initiatives that were identified in the Recruiting and Retention final report, finalised in
September 2022. The Team is currently implementing these initiatives.
The Secretary and CDF directed the Team to conduct detailed design for the remaining
initiatives in the Recruiting and Retention final report, to be considered throughout 2023.
2. Refer to answer 1.
3. The ‘Quick win’ initiatives build upon existing policies and programs to enhance recruiting
and retention efforts. Detailed design is currently underway on the remaining recruiting and
retention initiatives.
4. Refer to answer 1.
5. Refer to answer 1
6. An improved Employee Value Proposition that enhances ADF and APS work experience,
thereby enhancing recruitment and retention.
Prepared By:
Cleared By:
Name: Michael Howell
Name: David Nockels
Position: Assistant Secretary
Position: Acting Deputy Secretary
Branch: Recruiting and Retention
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-000426
Last updated: 1 May 2023
Recruitment and Retention
FOI 789/22/23
Key witness: Justine Greig; Rear Admiral Robert Plath
Document 46
7. The performance measures will be defined as part of the Defence enterprise priority
statement reporting.
8. Refer to answer 6.
9. Refer to answer 1
10. Refer to answer 1.
Budget Estimates 9 November 2022
Minister Keogh Speech HMAS Waterhen – retention
Senator David Fawcett
Written Question
With reference to the Hon. Matt Keogh MP, Minister for Defence Personnel speech to the
Defence Reserves Association 2022 National Conference. 3rd of September 2022 and
Minister Keogh visit to the HMAS Waterhen on the 25 August 2022:
1. Can the Department please confirm that on 25th August 2022, when speaking to Defence
personnel at HMAS Waterhen, the Minister for Defence Personnel said they will not be able
to buy a home in Sydney while they are on Defence salaries?
2. If the Department cannot confirm, please seek confirmation from the Minister on whether
he has made such comment.
3. If the Department can confirm, is the Department aware that in his speech at the Defence
Reserves Association 2022 National Conference, the Minister for Defence Personnel also said:
“We need targeted and collaborative action to inspire the workforce of the future, increase
the number of people joining the ADF, and retain talent to ensure we can deliver Defence’s
and our nation’s capability requirements.”
4. Can the Department please confirm with the Minister and provide reasons of why the
Minister made above mentioned comment on 25th August 2022?
5. Can the Department explain how is the Minister’s comment on 25th August 2022 at HMAS
Waterhen inspiring Defence personnel to remain in the ADF?
6. What is the government currently doing to encourage and inspire Defence workforce?
Answer
1. The Department cannot confirm this.
2. This is a question for the Minister.
3. The Minister speech is recorded on the Defence website;
www.minister.defence.gov.au/speeches/2022-09-03/speech-defence-reserves-association-
2022-national-conference
4. This is a question for the Minister.
5. Refer to answer to question 4.
6. Refer to answer to question 4.
Prepared By:
Cleared By:
Name: Michael Howell
Name: David Nockels
Position: Assistant Secretary
Position: Acting Deputy Secretary
Branch: Recruiting and Retention
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Budget Estimates: May 2023
PDR No: SB23-000428
Last Updated: 11 May 2023
External Workforce Census and Contractors and Consultants Expenditure
FOI 789/22/23
Key witness: Steven Groves
Document 47
What is the size of Defence’s external workforce?
The most recent Defence External Workforce Census was conducted in March 2023 and
reported a total of 37,330 full time equivalent engaged as part of the external workforce.
28,445 full time equivalent, or 76 per cent were engaged through outsourced service
providers.
This is an increase from 26,199 full time equivalent (75 per cent of the total) in
the March 2022 census.
8,523 full time equivalent, or 23 per cent were engaged as contractors.
This is an increase from 8,311 full time equivalent (24 per cent of the total) in
March 2022.
361 full time equivalent or one per cent were engaged as consultants.
This is a decrease from 370 full time equivalent in March 2022.
Overall, the external workforce grew by 2,451 full time equivalent (seven per cent)
compared to the March 2022 Census. The growth in resourcing aligns with the year or
year growth in the Defence Budget.
The need for an integrated workforce is expected to continue into the future, particularly
as the Defence budget grows over time and the complexity of our capability delivery
requirements increase.
The policy direction of the Government will mean the mix of resources will be rebalanced
moving forward. Defence is committed to supporting Government’s plan to improve the
public service by identifying where work can be done more efficiently and effectively by
public servants in direct permanent jobs.
The results of the Defence External Workforce Census show a decline in the rate of
contractor growth, which has been running at over 20 per cent in prior years and has
declined to just 3 per cent over the prior 12 months.
Why does Defence use contractors and not employ more APS personnel?
The majority of Defence’s external workforce (28,445 full time equivalent or 76 per cent)
are outsourced service providers.
These providers deliver services in areas where Defence has made a deliberate decision
to outsource functions, or the expertise and skills to deliver these functions
The private sector more efficiently delivers them.
The Australian Strategic Policy Institute Cost of Defence Report 2022-23 notes that the
use of contractors by Defence has been critical to the strong outcomes that have been
achieved in acquisition and sustainment in recent years.
Prepared By:
Cleared By:
Name: Michael Cosgrove
Name: Steven Groves
Position: Assistant Secretary Budgeting and Reporting
Position: Chief Finance Officer
Division: BFS
Group/Service: Defence Finance Group
Phone: s47E(d) & s22
Phone: s47E(d) & s22
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PDR No: SB23-000428
Last Updated: 11 May 2023
External Workforce Census and Contractors and Consultants Expenditure
FOI 789/22/23
Key witness: Steven Groves
Document 47
Defence has, and will continue to operate, under the workforce policies set by the
Government.
While some of these settings will be adjusted, the integrated workforce will
continue to be a critical enabler to the delivery of Defence capability.
How much did Defence spend on its external workforce in 2021-22?
In 2021-22 Defence spent $13 billion on outsourced service providers, $2.5 billion on
contractors and $154 million on consultants.
Defence spent approximately $2 billion on APS employee expenses in 2021-22.
The Australian Strategic Policy Institute noted in its June 2022-23 Cost of Defence Report
that using contractors has been critical to the strong outcomes Defence has achieved in
acquisition and sustainment in recent years.
Background
The Defence External Workforce Census provides Defence with an estimate of the full
time equivalent of outsourced service providers, contractors and consultants engaged in
providing services to support Defence outcomes at a point in time and in a regular and
repeatable manner.
Past External Workforce Census results
Full Time Equivalent March 2023 (per cent
March 2022 (per cent
by Category
change)
change)
March 2021
Contractors
8,523 (up 3 per cent)
8,311 (up 22 per cent)
6,810
Outsourced Service
Providers
28,445 (up 9 per cent)
26,199 (up 3 per cent)
25,363
Consultants
361 (down 2 per cent)
370 (up 18 per cent)
314
Total
37,330 (up 7 per cent)
34,880 (up 7 per cent)
32,487
Prepared By:
Cleared By:
Name: Michael Cosgrove
Name: Steven Groves
Position: Assistant Secretary Budgeting and Reporting
Position: Chief Finance Officer
Division: BFS
Group/Service: Defence Finance Group
Phone: s47E(d) & s22
Phone: s47E(d) & s22
Page
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PDR No: SB23-000428
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External Workforce Census and Contractors and Consultants Expenditure
FOI 789/22/23
Key witness: Steven Groves
Document 47
External Workforce Expenditure over Time
2022-23
Consultants
Jan Year to 2021-22 2020-21 2019-20
date ($m)
($m)
($m)
($m)
Expenditure on consultancy contracts
(GST inclusive)
127
170
127
114
Expenditure on consultancy contracts
(GST exclusive)
116
154
116
104
Expenditure (GST exclusive) as a
0.47 per
0.33 per 0.28 per 0.26 per
percentage of Defence expenditure
cent
cent
cent
cent
2022-23
Contractors
Jan Year to 2021-22 2020-21 2019-20
date ($m)
($m)
($m)
($m)
Expenditure on contractors (GST
exclusive)
1,626
2,487
1,873
1,520
Expenditure as a percentage of Defence 6.70 per
5.38 per 4.50 per 3.90 per
expenditure
cent
cent
cent
cent
2022-23
2021-22
2020-21
2019-20
Outsource Service Providers
Jan Year to
date ($m)
($m)
($m)
($m)
Expenditure on outsourced service
providers (GST exclusive.)
8,037
13,072
10,955
10,410
Expenditure as a percentage of Defence 33.10 per
28.28
26.10
26.40 per
expenditure
cent
per cent
per cent
cent
Prepared By:
Cleared By:
Name: Michael Cosgrove
Name: Steven Groves
Position: Assistant Secretary Budgeting and Reporting
Position: Chief Finance Officer
Division: BFS
Group/Service: Defence Finance Group
Phone: s47E(d) & s22
Phone: s47E(d) & s22
Page
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PDR No: SB23-000428
Last Updated: 11 May 2023
External Workforce Census and Contractors and Consultants Expenditure
FOI 789/22/23
Key witness: Steven Groves
Document 47
‘Big Four’ and Accenture
In March 2023 1,274 full time equivalent from the ‘Big Four’ delivered services to
Defence (up from 1,213 full time equivalent in March 2022). The Big Four resources
included:
885 contractors (down from 944 full time equivalent);
338 outsourced service providers resources (up from 211 full time equivalent);
51 consultants (down from 57 full time equivalent);
680 KPMG full time equivalent (up 135 full time equivalent);
171 Deloitte full time equivalent (down 75 full time equivalent);
252 PwC full time equivalent (down 34 full time equivalent); and
170 Ernst Young full time equivalent (up 41 full time equivalent).
In March 2023, in addition to ‘Big Four’ resources, 261 full time equivalent from
Accenture were delivering services to Defence (down from 334 full time equivalent in
March 2022). The resources include:
232 outsourced service providers (down from 268 full time equivalent); and
29 Contractors (down from 66 full time equivalent).
The ‘Big Four’ and Accenture provide many services to Defence, but services
predominantly relate to Project Management (650 full time equivalent, 42 per cent) and
IT (506 full time equivalent, 33 per cent).
For 2021-22, Defence spent $466 million (GST exclusive) on the ‘Big four’ accounting
firms comprised of:
KPMG ($210 million);
PwC ($102 million);
Deloitte ($98 million); and
Ernst Young ($56 million).
Expenditure was categorised as contractors ($313 million), outsourced service providers
($121 million) and consultants ($30 million).
Major Service Providers
Major service providers are required to be members of the Defence Support Services
panel and are capable of delivering larger, longer term and more integrated work
packages across the Capability Acquisition and Sustainment Group domains. The four
major service providers are:
Jacobs Beca Team (Jacobs Australia and Beca Consultants);
Prepared By:
Cleared By:
Name: Michael Cosgrove
Name: Steven Groves
Position: Assistant Secretary Budgeting and Reporting
Position: Chief Finance Officer
Division: BFS
Group/Service: Defence Finance Group
Phone: s47E(d) & s22
Phone s47E(d)
& s22
Page
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PDR No: SB23-000428
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External Workforce Census and Contractors and Consultants Expenditure
FOI 789/22/23
Key witness: Steven Groves
Document 47
Team Nova (Nova Systems Australia, QinetiQ and PricewaterhouseCoopers
Consulting);
KEY Team (Kellogg Brown & Root and Ernst Young); and
Team Downer (Downer EDI Engineering Power, Systra Scott Lister Australia and
Providence Consulting Group).
In March 2023, 4,246 full time equivalent from the major service providers were
delivering services to Defence (up from 2,839 full time equivalent in March 2022) due to
Downer’s acquisition of Spotless. Prior year figures do not include Spotless. The major
service providers resources included:
2,746 contractors (up from 2,501 full time equivalent);
1,474 outsourced service provider resources (up from 310 full time equivalent);
25 consultants (down from 28 full time equivalent);
868 Kellogg Brown & Root full time equivalent (up 46 full time equivalent);
908 Nova full time equivalent (up 138 full time equivalent);
688 Jacobs full time equivalent (down 10 full time equivalent); and
1,782 Team Downer full time equivalent (up 1,236 full time equivalent), reflecting
the Spotless acquisition.
Primary activities were in the fields of:
Property (1,241 full time equivalent or 29 per cent);
Project Management (776 full time equivalent, 18 per cent); and
Sustainment (603 full time equivalent, 14 per cent).
Supporting Information
Questions on Notice
Senate Finance and Public Administration References Committee’s Inquiry: 23 March 2023
QoN 1-4, Consultancy, Senator Barbara Pocock (Greens, South Australia) asked to be
provided with details of current and prior year consultancy expenditure.
Budget Estimates: 9 November 2022
QoN 56, Contractors, Senator Claire Chandler (Liberal, Tasmania) asked to be provided
with details of contractors and non-ongoing staff.
Freedom of Information (FOI) Requests
None.
Prepared By:
Cleared By:
Name: Michael Cosgrove
Name: Steven Groves
Position: Assistant Secretary Budgeting and Reporting
Position: Chief Finance Officer
Division: BFS
Group/Service: Defence Finance Group
Phone: s47E(d) & s22
Phone: s47E(d) & s22
Page
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PDR No: SB23-000428
Last Updated: 11 May 2023
External Workforce Census and Contractors and Consultants Expenditure
FOI 789/22/23
Key witness: Steven Groves
Document 47
Recent Ministerial Comments
On 07 July 2022, the Minister for Defence Industry issued a media release about
growing the Defence-Industry partnership
Growing the Defence-Industry partnership.
Relevant Media Reporting
On 21 October 2022, Australian Financial Review published an article titled,
KPMG,
Deloitte, EY, PwC hit with $500m efficiency dividend on consultant spending. Journalist
Ronald Mizen reported on the impacts of $500m efficiency dividend in the upcoming
Budget and the impacts on private companies.
On 09 August 2022, Australian Financial Review published an article titled,
Accenture
beats the big four in record $2b for Canberra work. Journalist Ronald Mizen reported
on big four expenditure and Defence as entering the largest value of contracts in 2021-
22.
On 01 July 2022, Australian Financial Review published an article titled,
Auditor-general
takes a shot at defence contractors. Journalist Andrew Tillett reported the Auditor-
General has criticised the Defence Department over the management of its
contractors, finding there is no way to prove they are used effectively and
recommending changes to improve probity and security.
On 08 June 2022, Australian Strategic Policy Institute published an article titled,
The
cost of Australia’s defence: hard choices for the new government. Journalist Marcus
Hellyer wrote that Defence has a people problem and questions whether Defence can
deliver its ambitious capability program without continued external workforce growth.
Division:
Budget and Financial Reporting, Budget and Financial Services
PDR No:
SB23-000428
Prepared by:
Cleared by Division Head:
Michael Cosgrove, Assistant Secretary
Samuel Volker, First Assistant Secretary
Budgeting & Reporting
Budgets & Financial Services
Mob: s22
Ph: s47E(d)
Ph: s47E(d)
Date: 03 April 2023
Date: 06 April 2023
Cleared by CFO / DPG / DSR: N/A
Cleared by Deputy Secretary:
Date: 21 April 2023
Steven Groves, Chief Finance Officer, Defence Finance
Group
Prepared By:
Cleared By:
Name: Michael Cosgrove
Name: Steven Groves
Position: Assistant Secretary Budgeting and Reporting
Position: Chief Finance Officer
Division: BFS
Group/Service: Defence Finance Group
Phone: s47E(d) & s22
Phone: s47E(d) & s22
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PDR No: SB23-000428
Last Updated: 11 May 2023
External Workforce Census and Contractors and Consultants Expenditure
FOI 789/22/23
Key witness: Steven Groves
Document 47
Questions on notice referred to within the brief:
Budget Estimates 18 November 2022
Contractors
Senator Claire Chandler
Written Question
1. How many contractors and non-ongoing staff are currently employed by the department?
2. Please provide a breakdown of levels and costs associated with all contractors and non-
ongoing staff.
3. How many of these staff are ICT or non-ICT staff?
Answer
Contractors
1. The March 2022 External Workforce Census recorded 8,311 Contractors providing
services to Defence.
2. Defence does not capture levels for contractors. The Contractor spend in 2021-22 was
$2.49 billion.
3. 1,496 ICT Contractors and 6815 non-ICT contractors.
Non-ongoing staff
1. As at 1 November 2022, there are 278 non-ongoing APS employees employed by the
Department.
The below table provides a breakdown by classification of the 278 non-ongoing APS
Employees:
Classification Non-ICT
ICT
Total
SES3
3
3
SES2
2
2
SES1
2
2
EL2
28
28
EL1
31
1
32
APS6
41
1
42
APS5
51
1
52
APS4
38
38
APS3
13
13
APS2
46
46
APS1
20
20
Total
275
3
278
2 The majority of Defence employees receive salaries within the standard ranges set out in
the
Defence Enterprise Agreement. However, the Enterprise Agreement allows for
remuneration and other benefits to be varied so that Defence can develop, attract and
retain selected employees with the necessary skills and knowledge to deliver capability.
Table 6.21 of the latest
Defence Annual Report details Defence Australian Public Service
salary rates, by classification, as at 30 June 2022.
Prepared By:
Cleared By:
Name: Michael Cosgrove
Name: Steven Groves
Position: Assistant Secretary Budgeting and Reporting
Position: Chief Finance Officer
Division: BFS
Group/Service: Defence Finance Group
Phone: s47E(d) & s22
Phone: s47E(d) & s22
Page
8 of
9
Budget Estimates: May 2023
PDR No: SB23-000428
Last Updated: 11 May 2023
External Workforce Census and Contractors and Consultants Expenditure
FOI 789/22/23
Key witness: Steven Groves
Document 47
3 Three ICT non-ongoing staff and 275 non-ICT non-ongoing staff.
Inquiry Questions 23 March 2023
Consultants
Senator Barbara Pocock
Written Question(s)
1. Will [agency] spend less on consultancy services in the 2022-23 FY than in the 2021-22
FY?
2. What is [agency] predicted spend on consultancy services in the 2022-23 FYI
3. What did [agency] spend on consultancy services in the 2021-22 FY?
4. How much has [agency] spent on consultancy services to date in the 2022-23 FY?
Answer
Defence does not specifically forecast consultancy services spend. The nature of consultancy
services is intermittent which makes forecasting a full year spend very difficult. Information
regarding expenditure on consultancy services is published in Defence’s Annual Report.
Prepared By:
Cleared By:
Name: Michael Cosgrove
Name: Steven Groves
Position: Assistant Secretary Budgeting and Reporting
Position: Chief Finance Officer
Division: BFS
Group/Service: Defence Finance Group
Phone: s47E(d) & s22
Phone: s47E(d) & s22
Page
9 of
9
Budget Estimates: May 2023
PDR No: SB23-000429
Last updated: 24 May 2023
Workforce Figures and Growth
FOI 789/22/23
Key witnesses: Justine Greig; Major General Wade Stothart; Steven Groves
Document 48
The Defence integrated workforce comprised of:
57,221 permanent ADF and 724 Gap Year (SERCAT 6-7 and SERVOP G Total of
57,945);
31,823 ADF Reserves (SERCAT 3,4 and 5 including 1,207 SERVOP C; does not
include the 9,877 members in SERCAT 2); and
18,053 APS, both ongoing and non-ongoing.
The Defence workforce is supported by an external workforce made of Contractors,
Outsourced Service Providers, and Consultants.
The most recent Defence External Workforce Census was conducted in March 2023 and
reported a total of 37,330 full time equivalent engaged as part of the external workforce.
Further detail on the Defence External Workforce can be found in the External
Workforce Census and Contractors and Consultants Expenditure brief
(SB23-000428).
The ADF average funded strength was 58,664 against workforce guidance of 62,063.
The permanent ADF 12 month rolling separation rate was 11.4 per cent, which increased
from 11.0 per cent 12 months ago.
The APS Average Staffing Level was 16,374 against workforce guidance of 16,991
(includes 540 Average Staffing Level relief approved by Government).
The ongoing APS 12 month rolling separation rate was 12.4 per cent, which decreased
from 14.7 per cent 12 months ago.
If pressed: about the Science, Technology, Engineering and Mathematics Workforce
There is a focus on growing and skilling the intelligence, space and cyber security
workforce segments, concurrent with Defence contributing to Government efforts to
increase the national science, technology, engineering and mathematics talent pool.
Science, technology, engineering and mathematics are a focal area for the Defence
workforce as it undergoes significant transformation of its capabilities. While each
science, technology, engineering and mathematics field has a critical role to play in its
own right, they also enable discovery and progress in other fields.
If pressed: about Recruitment and Retention
Further detail on recruitment and retention initiatives can be found in the Recruitment
and Retention brief (SB23-000426).
Prepared By:
Cleared By:
Name: Brigadier Craig Dobson
Name: David Nockels
Position: Director General Workforce Planning
Position: Acting Deputy Secretary
Division: People Capability
Group/Service: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
2 of
6
Budget Estimates: May 2023
PDR No: SB23-000429
Last updated: 24 May 2023
Workforce Figures and Growth
FOI 789/22/23
Key witnesses: Justine Greig; Major General Wade Stothart; Steven Groves
Document 48
Background
Workforce Growth
Defence is undergoing the largest workforce transformation since the Defence Reform
Program of the late 1990’s. This transformation will underpin the ADF’s enhanced
capability necessary to respond to significant changes in Australia’s strategic
environment.
These challenges and the urgency with which they must be addressed were outlined in
the Government’s response to the Defence Strategic Review.
The Defence Strategic Review reframes the workforce transformation program
established under the 2016 Defence White Paper (the White Paper). The Government’s
decisions in response to the Defence Strategic Review will require Defence to continue to
reshape and reskill its workforce to transition to new platforms and build capacity in
emerging capabilities such as conventionally-armed, nuclear-powered submarines, cyber,
engineering and space.
The White Paper (2016) detailed that around 4,000 new ADF positions would be required
to deliver new capabilities out to 2025/2026 and provided Defence with an additional
2,300 average funded strength. This plan also necessitated the transitioning to new
capabilities for around 1,700 ADF personnel.
From 2020-2021 to 2024, Defence White Paper growth is being augmented by 800
personnel in the ADF and around 250 in the APS (not including the Australian Signals
Directorate).
This additional workforce supports new capabilities, including new vessels for
Navy and further investment in cyber, intelligence and space capabilities. In
addition to enabling new capabilities, increased workforce depth contributes to
the sustainability of operations.
Consequently, the ADF permanent force is projected to grow to 62,700 by 2024.
The 10 March 2022 Force Structure Plan Workforce Growth Announcement 2024/2025
to 2030/2040 outlined approved workforce growth of 18,500 by 2040, which will bring
the total permanent workforce to over 100,000.
Defence has outlined that critical minimum growth of 12,500 is required,
comprised of 10,449 AFS and 2,051 APS, to support the capabilities outlined in
the Force Structure Plan.
Defence has estimated the cost of the 12,500 workforce as approximately $38
billion over the period 2024-2040.
An updated Defence Strategic Workforce Plan was developed in concert with the detailed
planning and modelling conducted for the 2020 Force Structure Plan. This was necessary
Prepared By:
Cleared By:
Name: Brigadier Craig Dobson
Name: David Nockels
Position: Director General Workforce Planning
Position: Acting Deputy Secretary
Division: People Capability
Group/Service: Defence People
Phone: s47E(d) / s22
Phone s47E(d)
/ s22
Page
3 of
6
Budget Estimates: May 2023
PDR No: SB23-000429
Last updated: 24 May 2023
Workforce Figures and Growth
FOI 789/22/23
Key witnesses: Justine Greig; Major General Wade Stothart; Steven Groves
Document 48
to ensure the delivery and operation of the capabilities outlined in the Force Structure
Plan (2020) that are scheduled in the $270 billion Integrated Investment Program.
The Defence Strategic Review (SB23-000411) now provides specific directions to
Defence for immediate implementation while establishing a process for long-term and
sustainable implementation.
In this context a revised or updated Defence Strategic Workforce Plan would be based
on workforce change and reform initiatives of:
Grow. Defence will apply deliberate adjustments to workforce strategies and
people policy settings that attract and recruit more people more quickly.
Specifically, options will be developed to change the policy and risk settings to
improve the achievement of recruiting targets in days, not months. Growth will
occur in both the ADF and Defence APS workforces.
Rebalance. Defence will adjust its workforce mix of ADF, APS, contractors,
consultants and academia through workforce planning and management
initiatives that ensure Defence workforce is cost effective and sustainable.
Reshape. The trajectory to achieving the Government direction on the DSR will
require reshaping of the current workforce. The composition of workforce
segments will change to reflect emerging and prioritised skillset demands. This
will require adjustment to workforce numbers in categories, specialisations and
ranks/levels, and in many cases redefinitions of occupations and work levels.
Reskill. Defence will ensure that as technologies change the workforce is able to
adjust and reskill to meet the new requirements. This will require a workforce
more focussed across the breadth of Science, Technology, Engineering and Maths
skills able to contribute to emerging roles in ICT, cyber, nuclear submarines, long
range strike, digital and analytics skills, complex program delivery and
sustainment.
Transform. To achieve the transformative effects the Government has directed
from the Defence Strategic Review will necessitate new thinking about workforce
policy and process measures and the speed at which they can be implemented.
This will particularly require an innovative and bold approach to recruitment and
retention.
Supporting Information
Questions on Notice
Supplementary Estimates: 15 February 2023
QoN 67, Defence Workforce Targets, Senator Linda White (Labor, Victoria) asked about
the announcement to grow the Defence workforce by 18,500.
Prepared By:
Cleared By:
Name: Brigadier Craig Dobson
Name: David Nockels
Position: Director General Workforce Planning
Position: Acting Deputy Secretary
Division: People Capability
Group/Service: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
4 of
6
Budget Estimates: May 2023
PDR No: SB23-000429
Last updated: 24 May 2023
Workforce Figures and Growth
FOI 789/22/23
Key witnesses: Justine Greig; Major General Wade Stothart; Steven Groves
Document 48
Freedom of Information (FOI) Requests
None.
Recent Ministerial Comments
No recent comments.
Relevant Media Reporting
On 29 March 2023, The Times published an article titled,
Fears AUKUS will
undermine Australia’s defence sovereignty are misplaced. Journalist Peter K. Lee
voiced concerns for Australia’s sovereignty under the AUKUS agreement
On 31 March 2023, @AuManufacturing published an article titled,
AUKUS and
submarines, the start of Australia’s re-industrialisation? Journalist Geoff Potts noted
the potential benefits to the manufacturing industry under the AUKUS agreement
30 March 2023, the Daily Telegraph published an article titled,
Study benefits cut for
hundreds of military veterans Charles Miranda examined the abolition of the
Incapacity Payments for Veterans Studying scheme.
30 March 2023, the Sydney Morning Herald published an article titled,
Keating’s
blistering attack on AUKUS leaves Australia in damage control in US. Farrah Tomazin
covered former Prime Minister Paul Keating’s negative views of the AUKUS
agreement.
29 March 2023, the Cygnet, Huon & Channel Classifieds published an opinion piece
by John Fleming II about submarine crewing. “
An Aukward situation.”
Division:
People Capability
PDR No:
SB23-000429
Prepared by:
Cleared by Division Head:
Brigadier Craig Dobson, Director General
Major General Wade Stothart, Head People
Workforce Planning, Workforce Planning
Capability, People Capability Division
Branch
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 24 May 2023
Date: 24 May 2023
Consultation: N/A
Prepared By:
Cleared By:
Name: Brigadier Craig Dobson
Name: David Nockels
Position: Director General Workforce Planning
Position: Acting Deputy Secretary
Division: People Capability
Group/Service: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
5 of
6
Budget Estimates: May 2023
PDR No: SB23-000429
Last updated: 24 May 2023
Workforce Figures and Growth
FOI 789/22/23
Key witnesses: Justine Greig; Major General Wade Stothart; Steven Groves
Document 48
Cleared by DSR:
Date: 01 May 2023
Alison West, First Assistant Secretary Defence Strategic
Review Implementation Task Force
CFO: TBC
Cleared by Deputy Secretary
Date: 24 May 2023
David Nockels, Acting Deputy Secretary Defence People
Questions on notice referred to within the brief:
QoN 67
Workforce Growth
Senator Linda White
Question
In the context of the announcement to grow the Defence workforce by 18,500 by 2040:
a. How many of this 18,500 target would be ADF personnel, and how many APS personnel?
b. Was Defence allocated additional funding from 2024 to fund these additional positions, or
was Defence required to absorb these costs?
c. What is the estimated cost?
d. What additional funding and resources were provided to increase recruitment to achieve
this target?
Answer
a) Of the 18,500 total future workforce growth by 2040, Defence has so far identified that
12,500 of the growth will consist of 10,499 Australian Defence Force (ADF) and 2,051
Defence Australian Public Servants. Defence continues to plan and assess the emerging
workforce requirements for the remaining growth of 6,000 personnel.
b) Defence has identified existing funding arrangements to support growth of 12,500
personnel. The further funding for the 6,000 personnel is subject to further consideration.
c) The joint media release of 10 March 2022
https://www.minister.defence.gov.au/mediareleases/2022-03-10/defence-workforce-grow-
above-100000, Defence Ministers announced “The estimated cost of this expansion is at least
$38 billion over the period to 2040, which is a significant investment in ensuring our ADF has
the right people and skills to keep our nation safe.”
d) Defence did not receive any immediate additional funding or resources for the increased
recruiting required by this announcement.
Prepared By:
Cleared By:
Name: Brigadier Craig Dobson
Name: David Nockels
Position: Director General Workforce Planning
Position: Acting Deputy Secretary
Division: People Capability
Group/Service: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
6 of
6
Budget Estimates: May 2023
PDR No: SB23-000430
Last updated: 12 April 2023
myClearance Remediation
FOI 789/22/23
Key witnesses: Celia Perkins; Peter West
Document 49
Defence has coordinated with the Attorney-General’s Department on policy advice to
help facilitate temporary access for impacted clearance subjects without compromising
security.
Defence has established a prioritisation process in consultation with Chief Security
Officers to ensure that clearances for staff performing critical roles can be finalised as a
priority.
Defence is now planning a post implementation review to identify and capture lessons
learned.
Would you like to respond to the recent claim that “… the whole thing has collapsed...All
[security] clearances are stalled and from what I understand there's no fix in sight…”
The Australian Government Security Vetting Agency continues to accept and process
clearances, with over 16,900 clearance decisions finalised through myClearance since
system launch.
Major system launch issues are now resolved and the Australian Government Security
Vetting Agency is processing more cases per week in myClearance than in the previous
vetting system.
Substantial demand growth in vetting has also impacted on the Australian Government
Security Vetting Agency’s ability to finalise clearances within benchmark processing
times.
Vetting demand has grown more than 70 per cent since 2016, due to greater
demand for clearances from wider Government and Defence Industry.
Once fully implemented, myClearance will significantly increase the Australian
Government Security Vetting Agency’s capacity to meet this growing demand.
The Australian Government Security Vetting Agency is working with vetting partners to
expand vetting capacity and efficiency – myClearance has already seen a reduction in
initial processing times before allocation to vetting analysts.
If pressed: What impact have the myClearance issues had on vetting timelines?
Current clearance timeframes are:
Clearance level
Key
Financial Year 2022/2023
Performance As at 3/04/2023
Indicator
Baseline
20 days
33 days
Negative Vetting Level 70 days
98 days
1
Prepared By:
Cleared By:
Name: Mel Flett
Name: Celia Perkins
Position: AS myClearance Remediation Taskforce
Position: Deputy Secretary Security and Estate
Division: Defence Security
Group/Service: Security and Estate Group
Phone: s47E(d) / s22
Phone: s22
Page
2 of
11
Budget Estimates: May 2023
PDR No: SB23-000430
Last updated: 12 April 2023
myClearance Remediation
FOI 789/22/23
Key witnesses: Celia Perkins; Peter West
Document 49
Clearance level
Key
Financial Year 2022/2023
Performance As at 3/04/2023
Indicator
Negative Vetting Level 100 days
147 days
2
Positive Vetting
180 days
147 days
If pressed: How many people are affected by these problems?
The Australian Government Security Vetting Agency anticipates completing in excess of
65,000 security clearances in Financial Year 2022-23.
Over 44,600 clearances have been completed this financial year, and approximately
41,000 clearances are in analysis.
The Australian Government Security Vetting Agency completed 64,098 clearance cases
in the 2021-2022 financial year.
If pressed: Is there a risk to national security if large numbers of applicants are given waivers?
The Attorney-General’s Department’s Protective Security Policy Framework provides
guidance to sponsoring agencies for the use of temporary access provisions to ensure
that risks are carefully managed.
The Australian Government Security Vetting Agency has an established risk
management framework to help sponsoring agencies in assessing and managing their
clearance subjects, including for temporary access.
Most temporary access resulting from myClearance delays will be for individuals whose
cases have already been comprehensively assessed by the Australian Government
Security Vetting Agency.
If pressed: Do the problems with myClearance put personal information at risk?
No. The issues with myClearance do not relate to the security aspects of the
information on the system.
myClearance uses Two-Factor Authentication via MyGovID, substantially uplifting
security from the previous vetting system.
If pressed: Is there a risk to national security from the longer processing times?
The issues with myClearance have no impact on the integrity of the vetting process
itself, which is conducted in line with the Attorney-General’s Department’s Protective
Security Policy Framework.
The Australian Government Security Vetting Agency has developed prioritisation
processes to ensure clearances for Government or industry personnel performing
critical roles can be finalised.
Prepared By:
Cleared By:
Name: Mel Flett
Name: Celia Perkins
Position: AS myClearance Remediation Taskforce
Position: Deputy Secretary Security and Estate
Division: Defence Security
Group/Service: Security and Estate Group
Phone: s47E(d) / s22
Phone: s22
Page
3 of
11
Budget Estimates: May 2023
PDR No: SB23-000430
Last updated: 12 April 2023
myClearance Remediation
FOI 789/22/23
Key witnesses: Celia Perkins; Peter West
Document 49
If pressed: Who/What caused the issues?
As a complex transformation project that modernises business processes, some issues
can be expected.
The Australian Government Security Vetting Agency is working across Defence and with
other government agencies to address the issue with myClearance as quickly as
possible.
A post implementation review will be conducted once the issues with myClearance are
resolved.
If pressed: What will be the cost of fixing myClearance?
Work to address the myClearance issues is currently being undertaken as part of
project funding.
If pressed: What is the cost of myClearance?
The budget for the myClearance project was $307.3 million. This includes:
$123.9 million for acquisition;
$14.7 million in contingency (which has not yet been accessed); and
$168.6 million for sustainment.
If pressed: How many clearances have been progressed under the new system?
Between 28 November 2022 and 29 March 2023, Australian Government Security
Vetting Agency has finalised 12,335 clearances in myClearance.
If pressed: Are myClearance delays impacting the Australian Signals Directorate REDSPICE
program?
The Australian Government Security Vetting Agency has a Memorandum of
Understanding with Australian Signals Directorate to track and prioritise processing of
these clearances.
REDSPICE clearances have experienced some delays as a result of myClearance issues,
but Australian Government Security Vetting Agency is continuing to prioritise these
cases.
If pressed: Who is to blame for the myClearance issues?
Defence is focused on remediating problems with myClearance and returning to
benchmark timeframes for the delivery of clearances.
A post implementation review will be conducted once the issues with myClearance are
resolved.
Background
The Australian Government Security Vetting Agency’s vetting system and work
processes were no longer fit-for-purpose and required modernising to meet continued
demand growth, and the increasingly complex security threat environment.
Prepared By:
Cleared By:
Name: Mel Flett
Name: Celia Perkins
Position: AS myClearance Remediation Taskforce
Position: Deputy Secretary Security and Estate
Division: Defence Security
Group/Service: Security and Estate Group
Phone: s47E(d) / s22
Phone: s22
Page
4 of
11
Budget Estimates: May 2023
PDR No: SB23-000430
Last updated: 12 April 2023
myClearance Remediation
FOI 789/22/23
Key witnesses: Celia Perkins; Peter West
Document 49
The Vetting Transformation Project delivered a new core vetting system that
transforms how the Australian Government Security Vetting Agency delivers security
vetting services through a contemporary vetting process enabled by a modern digital,
integrated and scalable ICT system called myClearance.
The myClearance system launched on 28 November 2022.
In mid-December 2022 however, while new baseline clearances were progressing
through myClearance, issues were identified with the transfer of cases to Australian
Security Intelligence Organisation, constraining processing of clearances above Baseline
(NV1 to PV), which require an Australian Security Intelligence Organisation check
before a clearance can be granted.
Issues were also identified with the transition of data to myClearance, including data
quality and mapping issues. As a result, some users experienced difficulties logging into
myClearance or problems with the accuracy of their data.
Date
Milestone
01 February 2021
Contract Effective Date
December 2020
National Security Committee of Cabinet Second Pass approval
September 2020
Gate 2 approval Defence Investment Committee
March 2018
National Security Committee of Cabinet First Pass approval
November 2017
Gate 1 approval Defence Investment Committee
April 2017
Gate 0 approval Defence Investment Committee
Supporting Information
Questions on Notice
Supplementary Estimates: 15 February 2023
QoN 35 Pending clearance level, Senator Claire Chandler (Liberal, Tasmania) asked for
an update on the number of open cases across 1) clearance levels and 2) employment
types.
QoN 64 AGSVA and myClearance portal, Senator the Hon Linda Reynolds (Liberal,
Western Australia) asked a series of questions around the implementation of
myClearance including: the liaising and testing of the myClearance portal for Security
Officer; how Australian Government Security Vetting Agency is increasing its workforce
to deal with its backlog and growth in applications, what the tender process was that
awarded Accenture the contract and what steps Australian Government Security
Vetting Agency is taking to accredit foreign security clearances in view of the AUKUS
program.
Prepared By:
Cleared By:
Name: Mel Flett
Name: Celia Perkins
Position: AS myClearance Remediation Taskforce
Position: Deputy Secretary Security and Estate
Division: Defence Security
Group/Service: Security and Estate Group
Phone: s47E(d) / s22
Phone: s22
Page
5 of
11
Budget Estimates: May 2023
PDR No: SB23-000430
Last updated: 12 April 2023
myClearance Remediation
FOI 789/22/23
Key witnesses: Celia Perkins; Peter West
Document 49
Budget Estimates: 9 November 2022
QoN 63 Budget Allocation, Senator Claire Chandler (Liberal, Tasmania) asked for details
of Australian Government Security Vetting Agency’s performance including processing
time, Australian Government Security Vetting Agency staff and contractor numbers,
applications in progress and a breakdown of clearance holders across Defence,
Government, Industry and Parliamentary Staff.
Freedom of Information (FOI) Requests
In December 2022, an individual sought access to a Digital Service Standard approval by
the Digital Transformation Agency, or exemption, for myClearance.
No relevant
documents were found. The individual had requested further checks but withdrew this
request.
Recent Ministerial Comments
No recent comments.
Relevant Media Reporting
On 31 March 2023, ABC published an article
Defence struggling to process staff
security clearances needed ahead of AUKUS rush. Journalist Andrew Green covered the
delays experience in processing clearances.
On 29 March 2023, the Canberra Times published an article titled
Home Affairs
Minister Clare O'Neil plans to make ASIO central hub for top security clearances.
Journalist Sarah Basford Canales covered the introduction of a bill to parliament that
would make the Australian Security Intelligence Organisation responsible for issuing,
maintaining and revoking Positive Vetting clearances.
On 20 February 2023, the Mandarin published an article titled
Six ways Defence needs
to lift its act. Journalist John Glenn wrote an opinion piece on the Defence Strategic
Review that covered clearance processing times.
On 17 February 2023, the Canberra Times published an article titled
Defence
Department's MyClearance security vetting system drags out clearance wait times.
Journalist Sarah Basford Canales reported on Minister Thistlethwaite’s comments
regarding the myClearance system
On 17 February 2023, innovationAus.com published an article titled
Accenture-built
vetting system issues force manual workarounds. Journalist Brandon How wrote about
the challenges facing the myClearance system.
On 13 February 2023, the Canberra Times published an article titled
Department of
Foreign Affairs and Trade graduate applications fell in 2023, as CPSU criticises security
clearance process. Journalist Miriam Webber reported on the Community and Public
Prepared By:
Cleared By:
Name: Mel Flett
Name: Celia Perkins
Position: AS myClearance Remediation Taskforce
Position: Deputy Secretary Security and Estate
Division: Defence Security
Group/Service: Security and Estate Group
Phone: s47E(d) / s22
Phone: s22
Page
6 of
11
Budget Estimates: May 2023
PDR No: SB23-000430
Last updated: 12 April 2023
myClearance Remediation
FOI 789/22/23
Key witnesses: Celia Perkins; Peter West
Document 49
Sector Union’s letter to the Department of Foreign Affairs and Trade outlining their
concerns about the lengthy clearance process.
On 10 February 2023, the ABC published an article titled
DFAT accused of bungling
2023 graduate program recruitment, excluding diverse candidates. Journalist Stephen
Dziedzic covered the Community and Public Sector Union’s concerns that graduate
program applicants were rejected due to the delays in obtaining a security clearance.
On 28 October 2022, The Canberra Times published an article titled
Security vetting
queue for public servants a ‘black box’: IGIS Christopher Jessup. Journalist Sarah
Basford Canales reported on the Inspector-General of Intelligence and Security’s
concerns about the skills shortage faced in the intelligence community due to the delay
in processing security clearance.
Division:
Defence Security Division
PDR No:
SB23-000430
Prepared by:
Cleared by Division Head:
Mel Flett, Assistant Secretary myClearance
Peter West, FAS Defence Security
Remediation Taskforce, Defence Security
Mob: s22
Ph: s47E(d)
Division
Date: 05 April 2023
Mob: s22
Ph: s47E(d)
Date: 31 March 2023
Consultation: ICT Delivery Division
Date: 04 April 2023
Peter Alexander, FAS ICT Delivery
Mob: s22
Ph: s47E(d)
Cleared by CFO / DPG / DSR: N/A
Cleared by Deputy Secretary:
Date: 6 April 2023
Celia Perkins, Deputy Secretary, Security and Estate
Questions on notice referred to within the brief:
2022-23 Supplementary Estimates
Security Clearances
Senator Claire Chandler
Question
Senator CHANDLER: I have a short tranche of questions on security clearance processing. The
department confirmed, through my question on notice, that as at 1 November 2022 there
were 38,915 open cases for clearance applications. Could you please provide an update on
Prepared By:
Cleared By:
Name: Mel Flett
Name: Celia Perkins
Position: AS myClearance Remediation Taskforce
Position: Deputy Secretary Security and Estate
Division: Defence Security
Group/Service: Security and Estate Group
Phone: s47E(d) / s22
Phone: s22
Page
7 of
11
Budget Estimates: May 2023
PDR No: SB23-000430
Last updated: 12 April 2023
myClearance Remediation
FOI 789/22/23
Key witnesses: Celia Perkins; Peter West
Document 49
the number of open cases across baseline, negative vetting 1, negative vetting 2 and positive
vetting?
Ms Perkins: I'll just try and find that number. The current open case number is 43,449 cases.
Senator CHANDLER: More? And against each clearance level?
Ms Perkins: I would have to take that on notice.
Senator CHANDLER: I'm guessing you'll have to take this on notice as well, but can you break
down the open cases against employment type?
Answer
1. Open cases as at 12 May 2023:
Clearance Level
Total Cases
Baseline
16,341
Negative Vetting Level 1
24,469
Negative Vetting Level 2
8,035
Positive Vetting
3,730
Total applications in process
52,575
2. Breakdown of open cases by employment type as at 12 May 2023:
Parliamentary
Defence
Staff
Defence APS
ADF
Other
GovernmentIndustry
Percentage of all clearances
0.45%
12.77%
23.46% 25.76%
37.56%
2022-23 Supplementary Estimates
AGSVA and myClearance Portal
Senator the Hon Linda Reynolds
Question
1. How did the AGSVA Transformation Project liaise with end users to ensure that the
myClearance portal was a suitable replacement for the Security Officer's Dashboard?
A) Please detail the pre-deployment testing that was undertaken.
2. Why does the myClearance portal lack critical resources for Chief Security Officers and
Security Officers such as the ability to list and download all clearance holders under their
sponsorship?
3. Why wasn't the Security Officer's Dashboard kept active, in the case that myClearance fails
for any reason?
4. Whilst the Vetting timeframe KPI's are generally being achieved as per 20, 70, 100 business
days (Baseline, NV1, NV2) can you please explain why is there a queue of up to 8 weeks
before an applicant is allocated to a Vetting officer?
Prepared By:
Cleared By:
Name: Mel Flett
Name: Celia Perkins
Position: AS myClearance Remediation Taskforce
Position: Deputy Secretary Security and Estate
Division: Defence Security
Group/Service: Security and Estate Group
Phone: s47E(d) / s22
Phone: s22
Page
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PDR No: SB23-000430
Last updated: 12 April 2023
myClearance Remediation
FOI 789/22/23
Key witnesses: Celia Perkins; Peter West
Document 49
5. What is AGSVA doing to increase the size of its workforce, given the backlog and the
continued growth of new applications?
Answer
1. Security Officers were identified as an important user group. They were consulted as part
of the project requirements gathering phase to inform system design. Selected security
officers were also involved in user acceptance testing.
A. The myClearance project undertook a range of testing during development including user
acceptance testing pre-deployment, as well as business verification testing following release.
2. MyClearance was designed to increase the security of the system. System controls were
designed around access to aggregated data to provide stronger protections for clearance
subject’s
personal data. The project is continuing to consult with users, including security officers,
regarding final functionality requirement at Full Operation Capability.
3. The Security Officer’s Dashboard was not kept active as the data source it uses can no
longer be updated and is increasingly out of date and inaccurate.
4. AGSVA has experienced record demand that resulted in non-Positive Vetting clearances
exceeding vetting timeframes. Issues with the implementation of myClearance have
exacerbated these delays.
5. AGSVA’s workforce has grown to meet demand. AGSVA is modelling future workforce
requirements and future vetting demand.
6. AGSVA‘s External Security Vetting Service contract is structured for flexibility to support
surges in clearance demand and AGSVA is accessing this capacity as required. Certain
elements of the vetting process can only be performed by Commonwealth entities and
officers.
7. An open procurement process was used to select the prime system integrator. Evaluation
was performed against criteria developed from the project’s requirements. Accenture was
identified as the preferred tenderer.
A. All contractors engaged on the Vetting Transformation project are Australia based.
8. All AGSVA clearances are provided in accordance with the Australian Government
Protective Security Policy Framework. AGSVA has a prioritisation process to facilitate high-
priority clearances across Government and industry. Since 2021, AGSVA has had a dedicated
industry liaison function to support industry requirements.
A. All AGSVA clearances are provided in accordance with the process established in the
Australian Government Protective Security Policy Framework.
B. Australia has international agreements in place to recognise security clearances from
partner nations while an individual is employed by that nation.
Budget Estimates
Prepared By:
Cleared By:
Name: Mel Flett
Name: Celia Perkins
Position: AS myClearance Remediation Taskforce
Position: Deputy Secretary Security and Estate
Division: Defence Security
Group/Service: Security and Estate Group
Phone: s47E(d) / s22
Phone: s22
Page
9 of
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PDR No: SB23-000430
Last updated: 12 April 2023
myClearance Remediation
FOI 789/22/23
Key witnesses: Celia Perkins; Peter West
Document 49
Security Clearances
Senator Claire Chandler
Question
1. What is the target processing time for security clearances? Please provide for each level of
clearance (eg. NV1, NV2, PV etc.)
2. How many Department of Defence (Department) staff are allocated to work on processing
clearances?
3. How many consultants or contractors are procured to work on processing clearances?
Please provide details of these procurement costs and terms of appointment.
4. How many applications are currently being processed, for each level of clearance?
5. What proportions of applicants are Parliamentary, for the Department, for other
departments and agencies, the Australian Defence Force (ADF), and industry/private sector?
Please provide a breakdown of these and other relevant categories.
6. How many applications are being processed with an expectation that they will be assessed
and completed, and clearance confirmed within the target processing time?
Answer
1. AGSVA’s Key Performance Indicators (KPIs) are published at www.agsva.gov.au. Processing
time KPIs are to deliver 80 per cent of clearances in the following median processing times:
Baseline: 20 business days
Negative Vetting Level 1: 70 business days
Negative Vetting Level 2: 100 business days
Positive Vetting: 180 business days
2. 156 Vetting Analysts.
3. The External Security Vetting Services Panel has engaged 445 contracted vetting analysts
through six prime contractors. The panel commenced in August 2019 and the six prime
contractors and their staff are contracted to provide vetting services to AGSVA until mid-
2023. There is one option to extend the panel by 12 months until mid-2024.
Total expenditure on external vetting services in 2021-22 was $75 million, with a total spend
on the panel since August 2019 of $179.09 million.
4. Open cases as at 1 November 2022:
Clearance Level
Number of Cases
Baseline
9,737
Negative Vetting Level 1
17,659
Prepared By:
Cleared By:
Name: Mel Flett
Name: Celia Perkins
Position: AS myClearance Remediation Taskforce
Position: Deputy Secretary Security and Estate
Division: Defence Security
Group/Service: Security and Estate Group
Phone: s47E(d) / s22
Phone: s22
Page
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PDR No: SB23-000430
Last updated: 12 April 2023
myClearance Remediation
FOI 789/22/23
Key witnesses: Celia Perkins; Peter West
Document 49
Negative Vetting Level 2
8,436
Positive Vetting
3,083
Total applications in process
38,915
5. Breakdown of open cases by employment type as at 1 November 2022:
Parliamentary
Defence
Staff
Defence APS
ADF
Other
Government Industry
Percentage of all clearances
1.03%
7.27%
27.88%
25.67%
38.14%
6. As at 1 November 2022, for Financial Year 2022-23, 14.2 per cent of cases were processed
within AGSVA KPIs (KPIs relate to the AGSVA vetting process and do not include the time
taken by the applicant to complete the vetting pack, or for AGSVA to check the pack is
complete and correct any issues with the applicant).
AGSVA has experienced record demand over the last two years, impacting vetting processing
timeframes. AGSVA met all vetting KPIs in FY2021-22, but from July 2022 vetting timeframes
for Baseline and NV1s have exceeded KPI’s.
7. As at 1 November 2022, for Financial Year 2022-23, 85.8 per cent of cases were processed
outside AGSVA KPIs.
‘Current Processing Times’ are median timeframes. Median statistics are used to provide a
more accurate picture of security clearance timeframes, as the average (or mean) does not
properly represent the impact of outlier cases that take much longer or shorter to complete
than the majority of security clearances.
Current median application processing time:
Clearance level
KPI in Days*
Current Median Processing Times
Baseline
20
28 days
Negative Vetting Level 1
70
83 days
Negative Vetting Level 2
100
101 days
Positive Vetting
180
137 days**
* KPIs and processing times are business days.
**Unlike other clearance levels Positive Vetting demand has so far remained stable for
FY2022-23 allowing AGSVA to continue to meet KPIs.
Prepared By:
Cleared By:
Name: Mel Flett
Name: Celia Perkins
Position: AS myClearance Remediation Taskforce
Position: Deputy Secretary Security and Estate
Division: Defence Security
Group/Service: Security and Estate Group
Phone: s47E(d) / s22
Phone: s22
Page
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PDR No: SB23-000431
Last updated: 11 April 2023
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FOI 789/22/23
Document 50
Key witnesses: Justine Greig; Major General Wade Stothart; Adrian D’Amico
Harassment Orders could have on ADF operations, Australia’s defence or national
security.
In addition to existing military justice processes, Defence has introduced a new avenue
for ADF members to seek assistance outside of their chain of command if they feel at
risk of continued sexual harassment from another ADF member, or in a Defence
workplace.
The measures are known as Stop Sexual Harassment Directions. They are contained in a
new Part 6A to the Defence Regulation 2016, which came into effect on
21 March 2023.
New measures ensure ADF personnel have access to similar processes as their APS and
contractor counterparts, as they are not eligible to seek Stop Sexual Harassment Orders
against another ADF member under the Fair Work Act.
Subsection 527F(3) also contains scope for regulations to be made to allow Defence
personnel to apply to the Fair Work Commission for a Stop Sexual Harassment Order, in
certain circumstances. These circumstances are set out in amendments to the
Fair
Work Regulations (2009). ADF members will be able to apply to the Fair Work
Commission for a Stop Sexual Harassment Order in circumstances where:
The alleged sexual harassment is carried out by a non-ADF member;
The ADF member is not able to access a Defence Stop Sexual Harassment
Direction. This could be because they have been sexually harassed in a non-ADF
workplace (including another government department);
The ADF member who has been sexually harassed has exhausted the internal
Defence Stop Sexual Harassment Direction process, and is dissatisfied with the
outcome; or
The Defence Stop Sexual Harassment Direction process is not suitable, for
example because the respondent to the complaint would be involved in
conducting the process.
ADF members and others may seek the assistance of the Fair Work Commission to
mediate or conciliate a complaint, regardless of any action that is also taken under the
military justice system. The Fair Work Commission may also make a recommendation
or express an opinion on such a complaint.
A range of external mechanisms including through the Defence Force Ombudsman and
Australian Human Rights Commission, are also available to the Defence workforce.
Defence is committed to preventing sexual harassment in the workplace, and will
implement specific measures that reflect the excluded provisions of the Act and meet
or exceed the standards set by the Act.
Prepared By:
Cleared By:
Name: s47E(d)
Name: David Nockels
Position: Director Military Administrative and Discipline Law
Position: Acting Deputy Secretary
Division: Military Law Branch, Defence Legal
Group/Service: Defence People
Phone: s47E(d) /s22
Phone: s47E(d) / s22
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FOI 789/22/23
Document 50
Key witnesses: Justine Greig; Major General Wade Stothart; Adrian D’Amico
How does an ADF member apply for a ‘Stop Sexual Harassment Direction’ from Defence?
ADF members can apply to an ‘Authorised Application Officer’ (Lieutenant Colonel (E)
or EL1 and above) if the person they believe is sexually harassing them is an ADF
member, or the sexual harassment is occurring in a Defence workplace.
An Authorised Application Officer is empowered by the Secretary and Chief of the
Defence Force to issue directions to stop the risk of continuing sexual harassment.
Directions can be interim or final. A direction may cover:
changes in working arrangements;
requiring one or more individuals to stop specified behaviour;
regular monitoring of behaviours by a supervisor or commander;
the provision of information and additional support and training to the unit;
the conduct of a safety risk assessment for the workplace, and/or
a recommendation for further administrative or disciplinary action.
A person in a Defence workplace who receives a Stop Sexual Harassment Direction is
required to comply with it. For ADF members and APS employees, this is by direction of
the Chief of the Defence Force and the Secretary. Administrative or disciplinary action
could be imposed if the person did not comply with the Direction.
The Authorised Application Officer must make a final decision within 60 days of the
application. If the applicant is dissatisfied with the outcome, they may seek internal
review from a Major General (E)/SES Band 2 delegate of the Chief of the Defence Force
and Secretary.
Is Defence’s ‘Stop Sexual Harassment Direction’ process independent of the chain of
command?
Yes.
A select number of Authorised Application Officers and internal reviewers have been
appointed across the ADF and the Department to make these decisions. This will
ensure there is always an option outside the chain of command.
Why is there a power for the Chief of the Defence Force to declare an activity out of scope
for the Stop Sexual Harassment Order measures?
Sexual harassment in any environment is always unacceptable.
There are some workplace settings where it may not be possible or practical to apply
Stop Sexual Harassment Orders issued by the Fair Work Commission.
An example is during the course of ADF operations overseas in zones of active
hostilities.
Prepared By:
Cleared By:
Name: s47E(d)
Name: David Nockels
Position: Director Military Administrative and Discipline Law
Position: Acting Deputy Secretary
Division: Military Law Branch, Defence Legal
Group/Service: Defence People
Phone: s47E(d) /s22
Phone: s47E(d) / s22
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Last updated: 11 April 2023
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FOI 789/22/23
Document 50
Key witnesses: Justine Greig; Major General Wade Stothart; Adrian D’Amico
In cases where a declaration applies, the ADF will demand high standards of behaviour
from all personnel and can apply existing military justice processes to stop sexual
harassment.
Any aggrieved person could still apply to the Fair Work Commission for mediation
or conciliation of a complaint, if they wish to do so and can apply for a Stop
Sexual Harassment order once the declaration no longer applies to them.
How do other military justice processes apply to sexual harassment?
When a complaint of unacceptable behaviour is made, commanders and managers
have an obligation to take action. Unacceptable behaviour includes sexual harassment.
Should they receive a complaint of sexual harassment, commanders and managers are
required to take immediate action, including issuing commands and reasonable
directions, impacting the ADF and APS workforce, to address the needs of
complainants, respondents, and the unit/workplace.
These current authorities are based on:
The Chief of the Defence Force’s command power;
The joint Chief of the Defence Force and Secretary authority for the
administration of Defence;
The Secretary’s role as an Agency Head; and
Relevant Defence Instructions made under the
Defence Act 1903, which
recognise the integrated nature of the Defence organisation and workforce and
give effect to Defence’s values and expected behaviours.
Within Defence, the consequences for an ADF member who is a respondent to a
complaint of any form of sexual harassment can extend to criminal or disciplinary
action or administrative sanctions, which may include involuntary separation from
service.
Can the Fair Work Commission deal with ADF members as respondents?
Yes. From March 2023 if a civilian complains about an ADF member, the member may
be the subject of a Fair Work Commission order. This is because the Fair Work Act
exclusion impacts ADF members as applicants, but not respondents. In these
circumstances, orders could also apply to other ADF members in the workplace, such as
a commander or supervisor. However, a Stop Sexual Harassment Order cannot require
anyone to do anything that would breach Australia’s defence or national security.
In addition, the Chief of the Defence Force has authority to declare a specified activity,
such as an operation or exercise, exempt from the Fair Work Commission’s jurisdiction.
The Minister for Employment and Workplace Relations must approve a declaration
exemption (section 527N of the Fair Work Act).
Prepared By:
Cleared By:
Name: s47E(d)
Name: David Nockels
Position: Director Military Administrative and Discipline Law
Position: Acting Deputy Secretary
Division: Military Law Branch, Defence Legal
Group/Service: Defence People
Phone: s47E(d) /s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-000431
Last updated: 11 April 2023
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FOI 789/22/23
Document 50
Key witnesses: Justine Greig; Major General Wade Stothart; Adrian D’Amico
A declaration exemption of this kind would exclude all personnel involved in the
activity, including APS employees and contractors, from applying to the Fair Work
Commission.
This could address circumstances where there may be an operational impact from the
application of Stop Sexual Harassment Orders during the activity.
Military justice options would still be available in both these circumstances.
Background
Part 8 of the amended Fair Work Act contains two measures which apply to Defence
personnel:
A prohibition on sexual harassment, which will allow any person to apply to the
Fair Work Commission to mediate or conciliate a complaint about sexual
harassment.
A Stop Sexual Harassment Order, which will allow civilian personnel in Defence
workplaces to apply to the Fair Work Commission and ask that a preventative
order be made to stop future sexual harassment.
Unless provided for by regulations, ADF members are not able to seek a Stop Sexual
Harassment Order. The newly-amended Fair Work Regulations 2009 identifies specific
circumstances when ADF members can apply to the Fair Work Commission for a Stop
Sexual Harassment Order.
They focus on when the internal Defence process is exhausted, not available or
not suitable.
To ensure ADF members have access to a similar mechanism, Defence has updated the
Defence Regulation 2016 to protect ADF members from the risk of continued sexual
harassment while on duty. The new Defence mechanism is titled Stop Sexual
Harassment Directions and complements existing processes, including management of
unacceptable behaviour.
It has similar effect within Defence as the Fair Work Commission’s Stop Sexual
Harassment Orders do for the general community.
Supporting Information
Questions on Notice
No QoNs asked.
Freedom of Information (FOI) Requests
None.
Prepared By:
Cleared By:
Name: s47E(d)
Name: David Nockels
Position: Director Military Administrative and Discipline Law
Position: Acting Deputy Secretary
Division: Military Law Branch, Defence Legal
Group/Service: Defence People
Phone: s47E(d) /s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-000431
Last updated: 11 April 2023
Fair Work Amendment Secure Jobs, Better Pay) Bill 2022
FOI 789/22/23
Document 50
Key witnesses: Justine Greig; Major General Wade Stothart; Adrian D’Amico
Recent Ministerial Comments
No recent comments.
Relevant Media Reporting
Australian media has reported on the introduction of Stop Sexual Harassment
directions in Defence, primarily through Australian Community Media network
publications. Example:
Defence gets harassment protections.
Division:
Defence Legal
PDR No:
SB23-000431
Prepared by:
Cleared by Division Head:
s47E(d)
, Director
Adrian D’Amico, Chief Counsel, Defence
Military Administrative and Discipline Law,
Legal Division
Military Law Branch
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 6 April 2023
Date: 6 April 2023
Consultation: N/A
Cleared by CFO / DPG / DSR: N/A
Cleared by Deputy Secretary (or equivalent Band 3/3*):
Date: 11 April 2023
David Nockels, Acting Deputy Secretary Defence People
Group
Prepared By:
Cleared By:
Name: Group Captain Angeline Lewis
Name: David Nockels
Position: Director Military Administrative and Discipline Law
Position: Acting Deputy Secretary
Division: Military Law Branch, Defence Legal
Group/Service: Defence People
Phone: s47E(d) /s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-000432
Last updated: 05 April 2023
Sexual Misconduct
FOI 789/22/23
Key witnesses: Justine Greig; Vice Admiral David Johnston; Major General Wade Stothart
Document 51
Defence conducts continuous research to better understand the causes of sexual
misconduct in order to prevent incidents occurring.
Defence continually reviews its sexual misconduct policies and processes to
maintain a victim-centric, trauma-informed approach to managing sexual
misconduct.
In 2021, with extensive stakeholder engagement, Defence reviewed its
Sexual Misconduct Policy, the Complaints and Alternative Resolutions
Manual (CARM) Chapter 9 – Responding to Sexual Misconduct. The current
policy was released in June 2022.
Defence takes an enterprise-wide approach to sexual misconduct education:
Defence is enhancing and modernising its Sexual Misconduct Education
Program. From January 2023 all Defence personnel are required to
complete mandatory targeted sexual misconduct education modules.
Ongoing sexual misconduct education throughout individuals’ careers will
be aligned with professional mastery education continuums.
Defence also delivers targeted training to commanders, managers and
supervisors to ensure the best possible response is provided to any person
who reports.
Defence encourages people subjected to alleged sexual misconduct to report the
incident to Defence, but respects their choice if they do not wish to do so.
If an incident occurs, victims are provided choices from reporting through to
investigation. Their ability to exercise choice is protected by policy which can lead
to sanctions if that choice is not managed appropriately.
Defence personnel have a number of internal and external options to report
alleged sexual misconduct, including the chain of command, military police,
civilian police, Directorate of Conduct and Performance, the Inspector General of
the Australian Defence Force, the Commonwealth (Defence Force) Ombudsman,
the Australian Human Rights Commissioner, and the Public Interest Disclosure
Team.
The process to deal with a complaint is dependent upon the preferences of the
victim and the nature of the complaint.
Defence policy states that all alleged sexual offences against Defence
personnel are notifiable incidents meaning there is a requirement for
Defence personnel (other than victims) to report the incident immediately
to the Joint Military Police Unit.
The victim is always able to choose to have civilian police investigate the
matter, rather than the Joint Military Police Unit, when civilian police have
jurisdiction. If the victim chooses to report a sexual offence to civilian
police, Defence will support them to do so and will assist with any
investigation.
Prepared By:
Cleared By:
Name: s47E(d)
Name: David Nockels
Position: Head Sexual Misconduct Prevention and Response Office
Position: acting Deputy Secretary
Division: People Capability
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Sexual Misconduct
FOI 789/22/23
Key witnesses: Justine Greig; Vice Admiral David Johnston; Major General Wade Stothart
Document 51
Other forms of sexual misconduct (sex discrimination and sexual
harassment) are reported and managed as unacceptable behaviour
incidents through the chain of command.
Defence takes action when sexual misconduct allegations are raised and the
victim wishes to proceed with the matter. Offenders are held to account
wherever possible.
If the alleged offender is an ADF member, the Joint Military Police Unit will
normally seek to refer sexual assaults to the relevant civilian police authority for
investigation, but may exercise jurisdiction to investigate if that is the wish of the
victim.
The Joint Military Police Unit does not have jurisdiction to investigate incidents
when the alleged offender is not an ADF member. The Joint Military Police Unit
refers those incidents to civilian police with the consent of the victim.
The ultimate decision on whether to prosecute a matter inside the military
jurisdiction is at the discretion of the Director of Military Prosecution and subject
to any consent required from the Commonwealth Director of Public Prosecutions.
Defence works to prevent further harm with prompt and sensitive incident
management, options in reporting and investigations, and free access to external and
internal support services.
Victims are encouraged to choose the support and advice services that best suit
their needs, either from inside of or provided externally to Defence. A number of
Defence and community assistance options are available, including 24/7
confidential support services such as Sexual Misconduct Prevention and Response
Office.
Established in 2013, in response to Recommendation 18 of the Review into the
Treatment of Women in the Australian Defence Force 2012, the Sexual
Misconduct Prevention and Response Office is a central part of Defence’s cultural
change initiatives promoting reporting, help-seeking, and prevention. The Sexual
Misconduct Prevention and Response Office is a ‘supporting’ not a ‘reporting’
agency.
The ‘1800 SeMPRO’ service uses trauma-informed principles based on ensuring
safety, choice, trust, empowerment and collaboration.
Sexual Misconduct Prevention and Response Office social workers and
psychologists are available 24/7 to provide confidential advice and support to all
current or ex-serving ADF members, APS employees, Defence contractors, ADF
Cadets, Instructors or Officers of ADF Cadets, colleagues, friends and family
members.
Sexual misconduct is a complex issue. No single data source can provide all of the
information needed to assess the prevalence of sexual misconduct.
Prepared By:
Cleared By:
Name: s47E(d)
Name: David Nockels
Position: Head Sexual Misconduct Prevention and Response Office
Position: acting Deputy Secretary
Division: People Capability
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Sexual Misconduct
FOI 789/22/23
Key witnesses: Justine Greig; Vice Admiral David Johnston; Major General Wade Stothart
Document 51
If pressed: why did Defence release a statement on sexual misconduct in the Australian
Defence Force?
The Government and Defence is aiming to keep our people and their families, media
and public commentators best informed on how Defence manages sexual misconduct
and supports victims.
Background
How does Defence define sexual misconduct?
The definitions used by Defence in relation to sexual misconduct are detailed in
SB23-
000531. Defence uses the term ‘sexual misconduct’ to encompass the spectrum of
unwanted and unwelcome sexualised behaviours. Broadly this is broken into three
categories: sex discrimination, sexual harassment and sexual offences.
What are the support options for Defence personnel?
Defence personnel who have been impacted by sexual misconduct are encouraged to
choose the support and advice services that best suit their needs, either from inside of
or provided externally to Defence.
A number of Defence and community assistance options are available, including Service
Chaplains, Joint Health Command, and 24/7 confidential support services such as the
Sexual Misconduct Prevention and Response Office.
Defence requires commanders and managers to treat the complainant and their
allegations sensitively and seriously, and take necessary action to manage the
workplace until an outcome is reached.
Reported ADF sexual assault data per year (as per Defence Annual Report)
For the financial year 2022/2023 (as at 31 March 2023), 108 sexual assaults have been
reported to military police, consisting of:
53 aggravated sexual assaults (e.g. penetrative acts committed without consent,
or threat of penetrative acts committed without consent with aggravating
circumstances); and
55 non-aggravated sexual assaults (i.e. touching of a sexual nature without
consent where penetration does not occur).
Prepared By:
Cleared By:
Name: s47E(d)
Name: David Nockels
Position: Head Sexual Misconduct Prevention and Response Office
Position: acting Deputy Secretary
Division: People Capability
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Key witnesses: Justine Greig; Vice Admiral David Johnston; Major General Wade Stothart
Document 51
Commonwealth Model
Australia New Zealand Standard Offence Classification
Criminal Code (MCC)
(ANZSOC)
Financial Year
14/15
15/16
16/17
17/18
18/19
19/20
20/21
21/22
22/23*
98
84
87
170
166
160
187
148
108*
* As at 05 April (Year to Date)
Since Defence commenced using Australia New Zealand Standard Offence
Classification, average reporting of sexual offences has remained relatively consistent.
There has been a slight decrease in the past year.
The underlying drivers for this are unclear, however, Defence’s numbers are
lower than those observed in the general Australian community where reporting
has increased over time.
The reasons for Defence’s lower number may well represent the manifestation of
efforts to eradicate sexual misconduct and an actual decrease in the prevalence
of incidents.
How does the ADF compare with other jurisdictions?
For sexual offences, the terminology regarding sexual assault differs between different
jurisdictions. This makes it difficult to compare sexual assault data in the ADF with other
jurisdictions.
The Defence administrative sanction system is based on ‘balance of probabilities’ as
opposed to the higher standard of proof required for civilian criminal jurisdictions
which is ‘beyond reasonable doubt’.
Of the 148 sexual offence reports to the Joint Military Police Unit for the financial
year 2021/2022:
55.4 per cent (82)of all reports progressed to investigation;
6.1 per cent (nine) of all reports progressed to prosecution; and
4.7 per cent (seven) of all reports resulted in a guilty finding (77.8 per cent
of prosecutions).
The New South Wales Police data from the New South Wales Bureau of Crime Statistics
and Research for Calendar Year 2021 which indicated that of the 14,650 sexual
offences recorded 15.4 per cent progressed to prosecution and 9.9 per cent of all
reports (64.4 per cent of prosecutions) resulted in a guilty finding. As the largest
criminal jurisdiction in Australia, New South Wales provides a useful comparator for
sexual offence reporting outcomes.
Prepared By:
Cleared By:
Name: s47E(d)
Name: David Nockels
Position: Head Sexual Misconduct Prevention and Response Office
Position: acting Deputy Secretary
Division: People Capability
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Budget Estimates: May 2023
PDR No: SB23-000432
Last updated: 05 April 2023
Sexual Misconduct
FOI 789/22/23
Key witnesses: Justine Greig; Vice Admiral David Johnston; Major General Wade Stothart
Document 51
Division:
People Capability
PDR No:
SB23-000432
Prepared by:
Cleared by Division Head:
s47E(d)
, Head of Sexual
Major General Wade Stothart, Head of
Misconduct Prevention and Response office People Capability, People Capability Division
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 4 April 2023
Date: 11 April 2023
Consultation: Joint Capabilities Group
Date: 30 March 2023
Name: s47E(d)
,
Mob: s22
Provost Marshal – Australian Defence Force
Ph: s47E(d)
Joint Capabilities Group
Date: 31 March 2023
Name: s47E(d)
,
Mob: s22
Director Military Administrative and
Ph: s47E(d)
Discipline Law
Office of the Director of Military
Date: 06 April 2023
Prosecutions
Mob: s22
Name: s47E(d)
, Deputy
Ph: s47E(d)
Director Military Prosecutions
Cleared by CFO / DPG / DSR: N/A
Cleared by Deputy Secretary (or equivalent Band 3/3*):
Date: 11 April 2023
David Nockels, Acting Deputy Secretary Defence People
Group
Questions on notice referred to within the brief:
Budget Estimates
Foreign Affairs, Defence and Trade
Senator Claire Chandler
Question
Is the Department of Defence aware that a serving female officer who raised concerns about
the presence of males in female bathrooms in Defence Department offices and facilities was
told by the Department’s Sexual Misconduct Prevention and Response office to “utilise
another bathroom”?
Answer
Defence does not comment on individual cases.
Prepared By:
Cleared By:
Name: s47E(d)
Name: David Nockels
Position: Head Sexual Misconduct Prevention and Response Office
Position: acting Deputy Secretary
Division: People Capability
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Budget Estimates: May 2023
PDR No: SB23-000432
Last updated: 05 April 2023
Sexual Misconduct
FOI 789/22/23
Key witnesses: Justine Greig; Vice Admiral David Johnston; Major General Wade Stothart
Document 51
Senate Question 1061
Foreign Affairs, Defence and Trade
Senator Jacqui Lambie
Question
With reference to sexual assault in the ADF:
1. How much has the Government spent on legal costs fighting sexual assault claims against
ADF members in the last [5?] years.
2. How many cases of sexual assault has the Department settled out of court in the last 5
years.
3. Are ADF recruits (including Army, Navy, and Air Force) given any anti sexual
assault/harassment training; if so, what does this training entail and are ADF employees
taught how to report sexual assault.
4. How many cases of sexual assault has been reported to the ADF by ADF members and
civilian staff in the last 5 years.
5. How many cases of sexual assault reported against ADF members have gone to military
court in the last 5 years and what were the outcomes.
6. How many sexual assaults reported against ADF members have gone to civilian court in the
last 5 years and what were the outcomes.
7. What have the ramifications been for the perpetrator and the victim due to the
allegations.
8. How many victims have lost their military careers due to sexual assault or the mental
health issues that have arisen from the assault.
Answer
1. Defence is unable to provide an answer on the costs associated with sexual assault claims
as data is not recorded in this manner.
2. There have been 339 historical cases of alleged sexual abuse and/or physical abuse that
have been settled since 2017.
3. All Defence members and employees complete the annual Mandatory Workplace
Behaviour Awareness Training, either through a face-to-face presentation or online. The aim
of the package is to introduce and explain workplace behaviour obligations and complaint
handling processes and reporting avenues. The training package is focused on embedding
Defence Values and Behaviours, with messages from the Chief of Defence Force and the
Secretary of the Department of Defence. The training package includes the topic of sexual
misconduct, how to report incidents and the role of Sexual Misconduct Prevention and
Response Office (SeMPRO).
More specifically, Healthy Relationships and Sexual Ethics (HRSE) Training (commissioned by
SeMPRO in 2014) is delivered by the Services in ADF ab initio training establishments. This
describes the elements of a healthy relationship and recognises the importance of sexual
ethics and appropriate behaviours in establishing and maintaining a safe and respectful
Defence culture.
Prepared By:
Cleared By:
Name: s47E(d)
Name: David Nockels
Position: Head Sexual Misconduct Prevention and Response Office
Position: acting Deputy Secretary
Division: People Capability
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Budget Estimates: May 2023
PDR No: SB23-000432
Last updated: 05 April 2023
Sexual Misconduct
FOI 789/22/23
Key witnesses: Justine Greig; Vice Admiral David Johnston; Major General Wade Stothart
Document 51
4. 909 cases of alleged sexual assault were reported to or detected by the Joint Military
Police Unit (JMPU), from 1 July 2017 to 6 December 2022.
5. 54 matters involving alleged sexual offences were brought before superior tribunals in the
last 5 years. Of these:
• 25 of these were found guilty;
• six were found guilty of alternate offences; and
• 23 were found not guilty.
6. Defence is aware of seven matters. Of these:
• three findings of guilty;
• three of not guilty; and
• one with a diversion and no conviction recorded.
7. Defence is not able to provide a response as data is not recorded in this manner, and it
would be inappropriate to comment given the sensitive nature of the data requested.
There is no place for sexual misconduct in Defence. All allegations are taken very seriously.
Incidents of sexual misconduct do not align with Defence values. Defence maintains a victim-
centric, trauma-informed approach to support individuals to report sexual misconduct.
Defence continually reviews its policies and processes to minimise the risk of incidents and
maintain a trauma-informed approach to managing sexual misconduct. Any ADF member
who experiences sexual misconduct is strongly encouraged and supported to report the
incident. Victims who wish to report an incident have a range of options, including direct
engagement with State or Territory Police, or the Australian Federal Police, independent of
Defence. Victims can also choose to report to Defence through the military police, or their
chain of command.
8. Defence is not able to provide a response as data is not recorded in this manner, and it
would be inappropriate to comment given the sensitive nature of the data requested.
Prepared By:
Cleared By:
Name: s47E(d)
Name: David Nockels
Position: Head Sexual Misconduct Prevention and Response Office
Position: acting Deputy Secretary
Division: People Capability
Group: Defence People
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Budget Estimates: May 2023
PDR No: SB23-000432
Last updated: 10 October 2022
Sexual Misconduct
Key witnesses: Justine Greig, Vice Admiral David Johnston
ATTACHMENT A
FOI 789/22/23
STATEMENT ON SEXUAL MISCONDUCT IN THE AUSTRALIAN DEFENCE FORCE
Document 51
Attachment 1
21 July 2022 (published on Defence internet site)
There is no place for sexual misconduct in Defence. All allegations are taken very seriously. Incidents of
sexual misconduct do not align with Defence values.
Defence acknowledges our previous failures to adequately handle sexual misconduct incidents.
Defence is committed to doing better. Since 2012, Defence has established several pathways to
address both current and historic sexual misconduct complaints in the Australian Defence Force (ADF).
Defence has established systems, training and processes to educate our people and seek to prevent
sexual misconduct. Defence maintains a victim-centric, trauma-informed approach to support
individuals to report sexual misconduct. Defence continually reviews its policies and processes to
minimise the risk of incidents and maintain a trauma-informed approach to managing sexual
misconduct.
Defence seeks to ensure it has an environment where individuals feel safe to report and have access
to support services through employing the principles of safety, trust, choice, collaboration, and
empowerment.
Any ADF member who experiences sexual misconduct is strongly encouraged and supported to report
the incident. Victims who wish to report an incident have a range of options, including direct
engagement with State or Territory Police, or the Australian Federal Police, independent of Defence.
Victims can also choose to report to Defence through the military police, or their chain of command.
Defence imposes strong reporting obligations on its people, while enabling victims to have confidential
conversations with support services and close friends. Defence encourages its people, who become
aware of an alleged sexual misconduct, to report the incident immediately through established
reporting processes. Commanders and managers have an obligation to report sexual offences to the
military police.
All victims are encouraged and supported to report sexual offences to relevant State or territory
Police. For sexual offences that are investigated by civilian police, charging and prosecution decisions
are a matter for relevant civilian police and Director of Public Prosecutions.
In all cases of sexual misconduct, if the alleged perpetrator is an ADF member and if the victim agrees
to take action, Defence will consider disciplinary or administrative action. This may be in addition to
any criminal process. Individuals accused of sexual misconduct are entitled to the presumption of
innocence and provided support while the matter is investigated.
Where sexual offence allegations are made, the victim’s preferences to take action are given
significant consideration. If the victim chooses to report to civilian police, Defence will support them to
do so and will assist with any investigation. If the victim requests military police to investigate, military
police can and will investigate in accordance with Commonwealth and/or ACT legislation. Where an
offence occurs overseas, and Defence has jurisdiction, military police have carriage of such matters.
The independent Director of Military Prosecutions will decide whether to prosecute a sexual offence
matter inside the military discipline system.
Defence respects the privacy and confidentiality of victims and will not comment on individual
matters.
Budget Estimates: May 2023
PDR No: SB23-000432
Last updated: 10 October 2022
Sexual Misconduct
Key witnesses: Justine Greig, Vice Admiral David Johnston
ATTACHMENT A
FOI 789/22/23
There are a number of 24/7 confidential support services available to impacted individuals such as the
Document 51
Sexual Misconduct Prevention and Response Office (SeMPRO). If you or someone you know is a
Attachment 1
current or former serving ADF member and requires support, please contact any of the below
specialised counselling services and resources. Defence supports and encourages people to access
confidential assistance from the internal or external service that best meets their needs.
•
Sexual Misconduct Prevention and Response Office (SeMPRO) at xxxxxx@xxxxxxx.xxx.xx or
(1800 736 776 [1800 SeMPRO])
•
The Defence Member and Family Helpline at xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxx.xxx.xx or 1800
624 608
•
Defence All-hours Support Line (ASL) (1800 628 036)
•
Employee Assistance Program Portal at http://drnet.defence.gov.au/People/WHS/Employee-
Assistance-Program/pages/Employee-Assistance-Program.aspx or 1300 687 327 [1300 OUR EAP]
•
ADF health services accessed through Garrison Health Centres (https://www.defence.gov.au/adf-
members-families/health-well-being/garrison/adf-mental-health-
services#MentalHealthServicescontact).
•
Online through ADF’s Mental Health and Psychology Services (https://www.defence.gov.au/adf-
members-families/health-well-being/services-support-fighting-fit/need-help-now)
•
The ADF Chaplaincy Services (http://drnet/People/Policy/ADF-PAC-Policy/Pages/ADF-Chaplaincy-
Policy.aspx) provide a 24/7 on-call 1300 DEFENCE (1300 333 362)
•
Lifeline: www.lifeline.org.au (13 11 14)
Definitions
Defence uses the term ‘sexual misconduct’ to encompass the spectrum of unwanted and unwelcome
sexualised behaviours. Applying the term ‘sexual misconduct’ to describe all unwanted sexualised
behaviours is common but not universal. Terms used by other agencies to cover the full range of
behaviours include ‘sexual harassment’ and ‘sexual assault’. Defence uses those terms to exclusively
reflect specific behaviours as they are defined in legislation.
Defence defines the term ‘Sexual offences’ as acts, or intent of acts, of a sexual nature against another
person which constitutes a criminal offence. Sexual offences are defined in various Commonwealth,
state, and territory legislation. Specific offences differ across the various jurisdictions but are broadly
categorised as sexual assaults and non-assaultive sexual offences.
Media contacts
Issued by Ministerial and Executive Coordination and Communication,
Department of Defence,
Canberra, ACT
xxxxx@xxxxxxx.xxx.xx
Budget Estimates: May 2023
PDR No: SB23-000433
Last updated: 05 April 2023
Royal Commission into Defence and Veteran Suicide
FOI 789/22/23
Key witnesses: Justine Greig, Rear Admiral Sarah Sharkey; Air Vice-Marshal Barbara Courtney
Document 52
These initiatives are aligned across Defence and DVA, to ensure that applicants
have a consistent experience when accessing information.
An Information Access Unit has now been established in each Department. These
are dedicated teams who will serve as a single point of contact and as a source of
advice for applicants requesting information.
Guidelines on information access mechanisms have also been published by both
Departments to make it easier to understand how to seek records and to explain
why records may contain redactions.
Both Departments’ websites have been revised and simplified to make content
easier to find including the supporting education material on information access.
With these improvements, applicants will have a better understanding of the
information access process and of the support available to them when and where
they need it.
Both Departments are embedding trauma-informed practice principles and
training, which will remain a key focus of the Government’s ongoing response to
the Interim Report.
Defence’s engagement with the Royal Commission
If pressed: Will Defence members be penalised for engaging with the Royal Commission?
Defence acknowledged the Royal Commission concerns in relation to protections for
serving members of the ADF disclosing sensitive information to the Royal Commission,
and developed a policy (referred to as the “the arrangement”) that enables current and
former serving members and APS to be considered “on duty” and covered by the
Defence Act 1903 when engaging with the Royal Commission. This policy has been co-
signed by the Chief of the Defence Force, the Secretaries of Defence and DVA and the
Royal Commissioners.
The Chief of the Defence Force has publicly clarified that ADF members will not be
penalised for engaging with the Royal Commission and all Service Chiefs and Senior
Enlisted convey this commitment in a video asking ADF members to “tell your story”.
In addition, the Royal Commissions Amendment (Enhancing Engagement) Bill 2023 was
passed by both Houses on 30 March 2023. The Bill amends the
Royal Commissions Act
1902 to ensure the confidentiality of certain information given by individuals to the
Defence and Veteran Suicide Royal Commission about their experiences of suicide,
suicidality, poor mental health or related systemic issues.
Commencement of the Bill will implement recommendation 6(1) of the Interim Report
of the Royal Commission.
Prepared By:
Cleared By:
Name: Air Vice-Marshal Barbara Courtney
Name: Justine Greig
Position: Head of Royal Commission into Defence and Veteran Suicide Taskforce
Position: Deputy Secretary
Branch: Royal Commission into Defence and Veteran Suicide Taskforce
Group: Defence People Group
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Budget Estimates: May 2023
PDR No: SB23-000433
Last updated: 05 April 2023
Royal Commission into Defence and Veteran Suicide
FOI 789/22/23
Key witnesses: Justine Greig, Rear Admiral Sarah Sharkey; Air Vice-Marshal Barbara Courtney
Document 52
If pressed: Are there any matters that ADF Members cannot disclose to the Royal
Commission?
Notwithstanding “the arrangement”, there remain some matters to which non-
disclosure conditions may apply, for example information regarding on-going
investigations or inquires. ADF members who are party to these matters are not
discouraged from engaging with the Royal Commission. Rather they are encouraged to
consult with their legal counsel when they engage with the Royal Commission to ensure
they comply with these conditions.
If pressed: How is Defence supporting the work of the Royal Commission?
Defence has a dedicated Taskforce with experienced staff in legal, information
management, policy, governance and coordination, communications, wellbeing,
planning, and group and service liaison roles.
The Taskforce delivers two key functions:
responding to high volume and complex requests from the Royal Commission;
and
assisting Defence personnel, especially Commonwealth witnesses, to appear
before the Royal Commission, with legal, administrative, and wellbeing support.
The Taskforce also provides information to the broader Defence community (ADF
personnel, APS, contractors, consultants and families of serving members) on how to
engage with the Royal Commission and how to access wellbeing support.
If pressed: What support services are being offered to Defence personnel?
The health and wellbeing of all Defence personnel is a priority.
Support services are widely available through: local Garrison Health Centres, the All
Hours ADF support line, the Defence Family Helpline, the Employee Assistance Program
(for Reserves and APS employees) and the ADF Chaplaincy services.
The Royal Commission also provides counselling and support services for those who
engage with them and this support is available before, during and after a person
participates in a hearing or private session.
Background
Financial Implications for Defence
The Defence Taskforce to support the functions of the Royal Commission into Defence
and Veteran Suicide is funded from within the existing resources of Defence.
ADF Suicide Rates
The Defence Suicide Database, which records the deaths of current serving members,
has recorded 165 full-time serving ADF members who are suspected or confirmed to
Prepared By:
Cleared By:
Name: Air Vice-Marshal Barbara Courtney
Name: Justine Greig
Position: Head of Royal Commission into Defence and Veteran Suicide Taskforce
Position: Deputy Secretary
Branch: Royal Commission into Defence and Veteran Suicide Taskforce
Group: Defence People Group
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Budget Estimates: May 2023
PDR No: SB23-000433
Last updated: 05 April 2023
Royal Commission into Defence and Veteran Suicide
FOI 789/22/23
Key witnesses: Justine Greig, Rear Admiral Sarah Sharkey; Air Vice-Marshal Barbara Courtney
Document 52
have died by suicide, including nine females, between 1 January 2000 and 31 March
2023.
s47F
The Australian Institute of Health and Welfare report Serving and ex-serving Australian
Defence Force members who have served since 1985: suicide monitoring 1997 to 2019
shows, in comparison to the Australian population, the age adjusted rate of suicide
from 1997-2019 was:
49 per cent lower for full-time serving males;
46 per cent lower for Reserve males;
27 per cent higher for ex-serving males; and
107 per cent (two times more likely) higher for ex-serving females.*
*Due to the small number of suicide deaths among females in permanent and reserve
service, suicide rates are not reported for these subgroups.
Details of the Royal Commission into Defence and Veteran Suicide
On 8 July 2021, the Governor-General established the Royal Commission into Defence
and Veteran Suicide. Mr Nick Kaldas APM (Chair), the Hon James Douglas QC and
Dr Peggy Brown AO were appointed as Commissioners.
There have been eight public hearings since November 2021, held in Brisbane, Sydney
(twice), Canberra, Townsville, Hobart, Darwin and Wagga Wagga. Hearing Block 9 will
be held in Perth from 16 May 2023.
The hearings have focussed on a range of topics including culture, stigma,
deployments, welfare, and support to families, medical care, recruitment and
discharge.
The Royal Commission published an interim report on 11 August 2022, which the
Government responded to on 26 September 2022. A final report is due on
17 June 2024.
The Royal Commission is independent of both Defence and DVA and is administered by
AGD.
The Royal Commission determines who they will summon to provide evidence and
determines the witness schedules.
The Royal Commissions Amendment (Enhancing Engagement) Bill 2023 passed the
Parliament on 30 March 2023 and introduces a new section (6OQ).
The Bill will commence the day after it receives Royal Assent. Royal Assent
typically occurs 8-10 working days after passage of the Bill.
Prepared By:
Cleared By:
Name: Air Vice-Marshal Barbara Courtney
Name: Justine Greig
Position: Head of Royal Commission into Defence and Veteran Suicide Taskforce
Position: Deputy Secretary
Branch: Royal Commission into Defence and Veteran Suicide Taskforce
Group: Defence People Group
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Budget Estimates: May 2023
PDR No: SB23-000433
Last updated: 05 April 2023
Royal Commission into Defence and Veteran Suicide
FOI 789/22/23
Key witnesses: Justine Greig, Rear Admiral Sarah Sharkey; Air Vice-Marshal Barbara Courtney
Document 52
Section 6OQ apply limitations on the use and disclosure of information given by
individuals to the Royal Commission about their experiences of suicide,
suicidality, poor mental health or related systemic issues.
The new provision was modelled on equivalent protections in place for the Royal
Commission into Violence, Abuse, Neglect and Exploitation of People with
Disability.
The Government consulted the Royal Commission and other key stakeholders on
the drafting of these amendments.
The Attorney-General’s Department and key Commonwealth agencies will
continue to discuss arrangements with the Royal Commission to ensure serving
and ex-serving Defence members can engage with the Royal Commission without
breaching relevant secrecy obligations.
The impact of secrecy offences for future Royal Commissions will be considered
as part of the Attorney-General Department’s Secrecy Provisions Review.
Supporting Information
Questions on Notice
QoN 623, Senator Michaelia Cash (Liberal, Western Australia), asked for details relating
to an Austender contract notice that related to costs associated with the Defence
support to Hearing Block 5 in Townsville.
Freedom of Information (FOI) Requests
On 15 October 2022, a media organisation sought access under FOI for
“All briefing
documents provided by Air Vice-Marshal Barbara Courtney AM, Head Royal Commission
Defence and Veteran Suicide Taskforce to Minister of Defence and/or Minister of
Veterans Affairs, regarding defence and veteran suicides”.
Documents released on
02 December 2022.
Recent Ministerial Comments
On 04 April 2023 the Minister for Veterans’ Affairs and Defence Personnel
announced
the Government had implemented another five recommendations (recommendations
9-13) of the Interim Report of the Royal Commission to improve information access for
Defence members, veterans and their families.
On 16 November 2022,
following the release of the AIHW Defence and Veteran Suicide
Monitoring Report, the Minister for Veterans’ Affairs and Defence Personnel
reaffirmed the Government’s commitment to Defence personnel, veterans and families
by
‘responding to important recommendations put forward by the Royal Commission
into Defence and Veteran Suicide’.
Prepared By:
Cleared By:
Name: Air Vice-Marshal Barbara Courtney
Name: Justine Greig
Position: Head of Royal Commission into Defence and Veteran Suicide Taskforce
Position: Deputy Secretary
Branch: Royal Commission into Defence and Veteran Suicide Taskforce
Group: Defence People Group
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Budget Estimates: May 2023
PDR No: SB23-000433
Last updated: 05 April 2023
Royal Commission into Defence and Veteran Suicide
FOI 789/22/23
Key witnesses: Justine Greig, Rear Admiral Sarah Sharkey; Air Vice-Marshal Barbara Courtney
Document 52
Relevant Media Reporting
On 06 April 2023 the West Australian published an article titled,
“Veteran, defence
records made easier to access.” Journalist Tess Ikonomou reported on the
Government’s announcement regarding the implementation of recommendations 9-13
of the Interim Report.
On 06 March 2023 the Daily Telegraph published (and widely syndicated in other News
Corp mastheads) an article titled, “
Royal Commission considers leg-up to job interviews
for Australian war veterans.” Journalist Charles Miranda had an in-depth discussion
with the commissioners on the progress of the Royal Commission so far and their
consideration to give veterans ‘a leg up’ in job interviews.
On 05 March 2023 A Current Affair reporter Simon Bouda “
interviewed the
Commissioners on their reflections of the past 18 months” of the Royal Commission
and their plans for 'the next phase'.
Division:
Royal Commission into Defence and Veteran Suicide Taskforce
PDR No:
SB23-000433
Prepared by:
Cleared by Division Head:
Air Vice-Marshal B Courtney, Head of Royal
Air Vice-Marshal B Courtney, Head of Royal
Commission into Defence and Veteran
Commission into Defence and Veteran
Suicide Taskforce
Suicide Taskforce
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 6 April 2023
Date: 6 April 2023
Consultation: N/A
Cleared by CFO / DPG / DSR: N/A
Cleared by Deputy Secretary:
Date: 06 April 2023
Justine Greig, Deputy Secretary, Defence People Group
Prepared By:
Cleared By:
Name: Air Vice-Marshal Barbara Courtney
Name: Justine Greig
Position: Head of Royal Commission into Defence and Veteran Suicide Taskforce
Position: Deputy Secretary
Branch: Royal Commission into Defence and Veteran Suicide Taskforce
Group: Defence People Group
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Budget Estimates: May 2023
PDR No: SB23-000433
Last updated: 05 April 2023
Royal Commission into Defence and Veteran Suicide
FOI 789/22/23
Key witnesses: Justine Greig, Rear Admiral Sarah Sharkey; Air Vice-Marshal Barbara Courtney
Document 52
Questions on notice referred to within the brief:
Venue Hire
Senator Michaelia Cash
Question
With reference to contract notice CN3876276 published by the Department of Defence on
the Austender website on 24 May 2022 relating to venue hire:
1. To what event did this venue hire relate, and precisely where was the event held.
2. Can an itemised list of all costs relating to the event be provided.
3. Can a guest list for the event be provided, including, without limitation, details of any
ministers, ministerial staff or APS staff who attended.
4. Can an itemised list be provided for:
a. any food served; and,
b. any beverages served, including the names and vintages of any wines or
champagnes.
5. Were any catering services procured for the purposes of the event, for example waiters,
kitchenhands, or cleaning staff; if so, can full details be provided.
6. Was any entertainment provided at the event; if so, can full details be provided.
7. Was any audio visual equipment or were any services procured for the purposes of the
event; if so, can full details be provided.
8. Were any decorations purchased for the purposes of the event; if so, can an itemised list
be provided.
9. Can any photographs of the event be provided.
10. Can copies of any presentations delivered at the event be provided.
Answer
The Minister representing the Minister for Defence has provided the following answer to the
Senator’s question:
Please see attached.
Prepared By:
Cleared By:
Name: Air Vice-Marshal Barbara Courtney
Name: Justine Greig
Position: Head of Royal Commission into Defence and Veteran Suicide Taskforce
Position: Deputy Secretary
Branch: Royal Commission into Defence and Veteran Suicide Taskforce
Group: Defence People Group
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Budget Estimates: May 2023
PDR No: SB23-000434
Last updated: 17 April 2023
Inspector-General of the Australian Defence Force Afghanistan Inquiry
FOI 789/22/23
Key witnesses: General Angus Campbell; Rear Admiral Brett Wolski
Document 53
Prevent recurrence: build the best possible organisation for the future,
comprehensively understanding and addressing the root causes of the failures
and wrongdoing; and developing the systems, culture and accountability which
will prevent, promptly detect and respond to departures from required
standards.
To deliver on these objectives, the Reform Program is addressing specific Inquiry
recommendations and leveraging existing reform to implement Inquiry-related
initiatives.
Objective 1 (address the past) is being delivered through three work packages:
Work Package 1 is addressing the 103 recommendations regarding individuals.
Work Package 2 gives consideration to additional workforce management action.
Work Package 3 is addressing the 15 recommendations regarding compensation.
Objective 2 (prevent recurrence) will be delivered through a fourth work package.
Work Package 4 is focused on transformational reform through which 25 Inquiry
recommendations are being addressed, and comprises five reform streams:
Organisational Arrangements and Command Accountability, Culture,
Workforce, Partnerships and Information.
Work completed to date includes:
addressing accountability for integrity in operational reporting;
introduction of training on individual responsibility for reporting breaches of the
Law of Armed Conflict;
updates to ADF and APS annual reporting processes;
delivery of military ethics and ADF leadership doctrines; and
the introduction and publication of interim respite policy in the Military Personnel
Manual.
Ongoing work includes:
command accountability;
development of end-to-end cross-cultural awareness education and training;
development of vignettes on case studies that highlight the consequences of
failure in leadership, ethical drift, exceptionalism and the difficulties resisting
prevailing organisational culture;
establishment of an alternative safe and confidential reporting process for
allegations of serious operational incidents;
review of the Law of Armed Conflict manual including consideration of the
protection of civilians; and
Prepared By:
Cleared By:
Name: Rear Admiral Brett Wolski
Name: Vice Admiral David Johnston
Position: Head Afghanistan Inquiry Response Task Force
Position: Vice Chief of the Defence Force
Division: Afghanistan Inquiry Response Task Force
Division: Vice Chief of the Defence Force
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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PDR No: SB23-000434
Last updated: 17 April 2023
Inspector-General of the Australian Defence Force Afghanistan Inquiry
FOI 789/22/23
Key witnesses: General Angus Campbell; Rear Admiral Brett Wolski
Document 53
review of the framework, policies and processes for the management of
embedded military personnel in coalition forces.
A full list of work completed and in progress is available on the ‘Defence Response’
page of the Afghanistan Inquiry website at:
https://www.defence.gov.au/about/reviews-inquiries/afghanistan-inquiry/defence-
response.
Criminal Investigations
All Inquiry recommendations for criminal investigation have been referred to the Office
of the Special Investigator through the provision of the Afghanistan Inquiry report to
the Office of the Special Investigator Special Counsel.
Criminal investigations and any potential prosecutions are being conducted
independently of Defence by, the Australian Federal Police and the Commonwealth
Director of Public Prosecutions.
Handling Note: Any further questions should be referred to the Office of the Special
Investigator within the Attorney-General’s portfolio.
Defence supports the work of the Office of the Special Investigator through the
provision of records in response to requests for information; and subject matter expert
advice to ensure accuracy in the interpretation of Defence related information.
Defence is aware a former member of the ADF has been charged with one count of
War Crime – Murder, under subsection 268.70(1)
Criminal Code 1995 (Cth), by the
Office of the Special Investigator and Australian Federal Police.
On Tuesday 28 March 2023 the individual was granted bail and a non-publication order
was made over their address and locality, but not granted in relation to their name or
that of their partner.
As the matter is the subject of ongoing criminal proceedings, it would be inappropriate
to comment further.
Can you provide any details about the individual who has been charged?
No. Individual details will not be discussed.
What identity protections are available for former members of the Special Air Services
Regiment?
Defence Protected Identity status, is a Defence policy afforded to some current serving
ADF members to protect current sensitive Defence capabilities and effects, our
operations, the partners we operate with, and to safeguard the security of individuals
and their families.
Defence Protected Identity status applies to current serving members of Special
Operations Command and Special Forces qualified members who are likely to return to
Prepared By:
Cleared By:
Name: Rear Admiral Brett Wolski
Name: Vice Admiral David Johnston
Position: Head Afghanistan Inquiry Response Task Force
Position: Vice Chief of the Defence Force
Division: Afghanistan Inquiry Response Task Force
Division: Vice Chief of the Defence Force
Phone: s47E(d)
/ s22
Phone: s47E(d) / s22
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FOI 789/22/23
Key witnesses: General Angus Campbell; Rear Admiral Brett Wolski
Document 53
a position within Special Operations Command. Former members of the ADF are not
covered by this policy. Neither are personnel within Special Operations Command who
hold public facing positions (for example Special Operations Commander Australia).
Is the United Kingdom conducting an inquiry into allegations of Special Air Services
extrajudicial killings in Afghanistan and what support is Australia providing?
Defence is aware that the United Kingdom has launched an independent inquiry to
investigate allegations of extrajudicial killings by British Armed Forces in Afghanistan.
Any questions on this matter should be directed to the United Kingdom Government.
Compensation and Command Accountability
Handling Note: Information regarding compensation and command accountability is
available at: SB23-000435 - Afghanistan Inquiry – Compensation and Command
Accountability.
Background
Defence commissioned the Afghanistan Inquiry in 2016 after rumours and allegations
emerged relating to possible breaches of the Law of Armed Conflict by members of the
Special Operations Task Group in Afghanistan over the period 2005 to 2016.
The Inquiry was conducted at arm’s length from both the ADF chain-of-command and
Government to ensure the independence and integrity of what are well-established
and rigorous processes. The Inquiry was conducted in private because it involved
matters of operational security and protected identities, as well as to protect witnesses
and lines of inquiry.
The Chief of the Defence Force received the Afghanistan Inquiry report from
the Inspector-General of the Australian Defence Force on 06 November 2020, and
announced the findings and released a public version of the report on
19 November 2020.
The Inquiry considered in detail 57 allegations of incidents and issues, and found
credible information to substantiate the alleged unlawful killings of 39 individuals in
23 separate incidents. The Inquiry also found credible information to substantiate two
allegations of cruel treatment.
The Inquiry made extensive use of statutory notice powers to compel individuals to
answer questions and produce documents in relation to matters subject of the Inquiry.
The notice powers are accompanied by statutory protections which make the
evidence inadmissible in the civil or criminal proceedings against an individual if it
is evidence of, or derived from, disclosure compelled from that individual.
To help protect the integrity of investigations and any future prosecutions
(should they arise) the Office of the Special Investigator has established a
Prepared By:
Cleared By:
Name: Rear Admiral Brett Wolski
Name: Vice Admiral David Johnston
Position: Head Afghanistan Inquiry Response Task Force
Position: Vice Chief of the Defence Force
Division: Afghanistan Inquiry Response Task Force
Division: Vice Chief of the Defence Force
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Key witnesses: General Angus Campbell; Rear Admiral Brett Wolski
Document 53
administrative action and honours and awards.
Documents were released on
28 March 2022.
Recent Ministerial Comments
On 29 November 2022, the Foreign Minister responded to questions from Senator
Jacqui Lambie regarding the scope of Defence’s review of command accountability, and
the reported ‘blanket exemption’ of senior leaders.
On 28 November 2022, the Deputy Prime Minister responded to questions from the
Shadow Minister for Defence during Question Time regarding the scope of Defence’s
review of command accountability, specifically the types of honours and the ranks of
impacted personnel.
Relevant Media Reporting
Criminal Investigations
Australian media has reported extensively on the individual charged with War Crime -
Murder. Key reporting includes
The Australian, The Guardian Australia, ABC News and
Fairfax Media.
A joint Office of the Special Investigator and Australian Federal Police media release
announcing the first charge is
available.
International reporting included
Reuters and
24/7 News Around the World.
Reform
On 06 December 2022, Crikey published an article titled,
Richard Marles’ action on the
Brereton report may raise Australia’s global standing. Journalist Maeve McGregor
wrote it has become clear the Albanese Government has resolved to “jettison Scott
Morrison’s slow and politicised response” to parts of the Afghanistan Inquiry report.
On 11 November 2022, Nine aired a documentary titled,
“The Home Front.” Professor
John Blaxland said Chief of the Defence Force tried to implement the
recommendations of the Afghanistan Inquiry but was “gazumped by his political
masters”. The documentary also noted the “devastating impact” the findings of the
Inquiry had on the morale of ADF members and veterans.
On 29 September 2022, the Guardian Australia published an article titled,
Defence
officials call for ‘deep reform’ to counter perceptions of inaction on Brereton inquiry.
Reporter Daniel Hurst stated, despite war crimes inquiry saying commanders ‘must
bear’ responsibility for what happened on their watch, the previous Government
suspended punishment against them
On 03 July 2022, The Guardian Australia published an interview with Richard Marles,
‘History will judge us’: Richard Marles commits to defence reform after Afghan war
crimes inquiry.
Prepared By:
Cleared By:
Name: Rear Admiral Brett Wolski
Name: Vice Admiral David Johnston
Position: Head Afghanistan Inquiry Response Task Force
Position: Vice Chief of the Defence Force
Division: Afghanistan Inquiry Response Task Force
Division: Vice Chief of the Defence Force
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Last updated: 17 April 2023
Inspector-General of the Australian Defence Force Afghanistan Inquiry
FOI 789/22/23
Key witnesses: General Angus Campbell; Rear Admiral Brett Wolski
Document 53
Division:
Afghanistan Inquiry Response Task Force
PDR No:
SB23-000434
Prepared by:
Cleared by Division Head:
Rear Admiral Brett Wolski, Head Afghanistan Rear Admiral Brett Wolski, Head Afghanistan
Inquiry Response Task Force
Inquiry Response Task Force
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 5 April 2023
Date: 5 April 2023
Cleared by CFO / DPG / DSR: N/A
Cleared by Deputy Secretary (or equivalent Band 3/3*):
Date: 6 April 2023
Vice Admiral David Johnston, Vice Chief of the Defence
Force
Questions on notice referred to within the brief:
Supplementary Budget Estimates 23 February 2023
Awards
Senator Jacqui Lambie
Question
Chief of Defence Force’s Distinguished Service Cross
1. Would the Department please provide a copy of the nomination (including the citation) for
the Chief of Defence Forces’ (Angus J Campbell) Distinguished Service Cross.
2. Would the Department please provide a copy of the decision (including the agreed
citation) to award the Chief of Defence Force (Angus J Campbell) his Distinguished Service
Cross.
Chief of Defence Force’s letter to service personnel who received various awards in
Afghanistan.
1. Would the Department please provide a copy of all letters sent by the Chief of Defence
Force (General Angus J Campbell), on or around 2nd November 2022, to recipients of awards
for their command in Afghanistan.
a. Specifically, these are letters that ask the recipient to consider retention or
cancellation of their award in light of the Brereton Report.
2. Would the Department please also provide a copy of the two annexes provided with each
letter.
a. Specifically, the ‘Acknowledgement’, and the ‘Welfare’ attachments.
Prepared By:
Cleared By:
Name: Rear Admiral Brett Wolski
Name: Vice Admiral David Johnston
Position: Head Afghanistan Inquiry Response Task Force
Position: Vice Chief of the Defence Force
Division: Afghanistan Inquiry Response Task Force
Division: Vice Chief of the Defence Force
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Inspector-General of the Australian Defence Force Afghanistan Inquiry
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Key witnesses: General Angus Campbell; Rear Admiral Brett Wolski
Document 53
Answer
Chief of the Defence Force’s Distinguished Service Cross
1. Nominations for military honours are handled in confidence.
2. The agreed citation is publically available at
https://webarchive.nla.gov.au/awa/20130404134324/http://www.gg.gov.au/queens-
birthday-2012-honours-lists.
Chief of the Defence Force’s letter to service personnel who received various awards in
Afghanistan:
1a-2a. As the consideration of command accountability is ongoing, and to protect the privacy
and support the welfare of our people, Defence will not provide this information.
Senate Question on Notice 16 December 2022
Brereton Report Implementation
Senator David Shoebridge
Question
1. Separate from the process being undertaken by the Office of the Special Investigator (OSI) ,
what measures have been taken in relation to the 25 current or former Australian special
forces personnel who, according to the Brereton Report, were implicated in the alleged
unlawful killing of 39 individuals and the cruel treatment of two others:
a. has any administrative or other action been taken against these 25 individuals, or any
other individuals in relation to allegations of war crimes; and
b. have any citations, medals or awards been revoked in regards all or any of these 25
individuals; if so, please provide details.
2. Separate from the process being undertaken by the OSI, what other measures have been
taken to address the recommendations in the Brereton Report.
3. Does the Government still maintain that responsibility and accountability for the alleged
war crimes does not extend to higher headquarters, including in particular Headquarters
Joint Task Force 633 and Headquarters Joint Operations Command.
4. If the answer to 3 is yes, has there been any accountability or other measures taken in
relation to senior staff at Headquarters Joint Task Force 633 or Headquarters Joint
Operations Command; if so what action.
5. What cultural reforms have been made to the ADF to implement the recommendations of
the Brereton Report.
Answer
1a. All allegations of unlawful killings have been referred to the Office of the Special
Investigator (OSI) through the provision of the Afghanistan Inquiry report to the OSI Special
Counsel.
Prepared By:
Cleared By:
Name: Rear Admiral Brett Wolski
Name: Vice Admiral David Johnston
Position: Head Afghanistan Inquiry Response Task Force
Position: Vice Chief of the Defence Force
Division: Afghanistan Inquiry Response Task Force
Division: Vice Chief of the Defence Force
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Inspector-General of the Australian Defence Force Afghanistan Inquiry
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Key witnesses: General Angus Campbell; Rear Admiral Brett Wolski
Document 53
Criminal investigations and any potential prosecutions are being conducted independently of
Defence.
In late 2020, following the release of the Afghanistan Inquiry report, Army initiated
administrative action, inclusive of a notice to show cause, for termination of service against
17 serving individuals where alleged failure to meet ADF expectations and values was
identified.
The decision-maker determined each notice on a case-by-case basis and all members were
afforded due process. Army informed each member (or their legal representative) of the
outcome of their notice.
By 14 February 2022, administrative action for all 17 members was completed.
The decisions made in relation to the administrative action were independent of any
consideration of criminal liability. Professional misconduct does not pre-suppose criminal
misconduct.
b. No citations, medals or awards have been revoked in regards to any of these 25
individuals. However, Defence notes that a process is currently underway to review
command accountability and associated awards.
2. Since the release of the Afghanistan Inquiry report in November 2020, Defence has
undertaken a substantial body of work to address the Inspector-General’s findings and
recommendations and embed genuine, enduring and sustainable reform across the
enterprise.
On 30 July 2021 Defence released the Afghanistan Inquiry Reform Plan (the Reform Plan)
setting out the Defence strategy for responding to the Inquiry and establishing the
Afghanistan Inquiry Reform Program (the Reform Program) to coordinate and drive this work.
Defence has implemented the required action to close 103 of the 143 Inquiry
recommendations. The Minister for Defence has directed the Chief of the Defence Force to
come up with a plan to close off the remaining recommendations.
Further information on Defence’s response, including a list of work completed and in
progress, is available at: https://www.defence.gov.au/about/reviews-inquiries/afghanistan-
inquiry/defence-response
3. ADF commanders at all levels have a responsibility for ensuring forces under their
command and control comply with the Law of Armed Conflict and Rules of Engagement.
Command accountability can exist regardless of individual criminal liability. Command
accountability holds commanders accountable for the actions of their subordinates.
The Afghanistan Inquiry found commanders bear moral responsibility and accountability for
what happens under their command, and recommended the review of honours and awards
to commanders.
The Chief of the Defence Force (CDF) is considering the command accountability of current
and former serving ADF members who held command positions, at a range of ranks, during
the periods for which the Inspector-General found multiple incidents of alleged unlawful
conduct. Persons who held command positions, irrespective of rank, are being considered in
Prepared By:
Cleared By:
Name: Rear Admiral Brett Wolski
Name: Vice Admiral David Johnston
Position: Head Afghanistan Inquiry Response Task Force
Position: Vice Chief of the Defence Force
Division: Afghanistan Inquiry Response Task Force
Division: Vice Chief of the Defence Force
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Inspector-General of the Australian Defence Force Afghanistan Inquiry
FOI 789/22/23
Key witnesses: General Angus Campbell; Rear Admiral Brett Wolski
Document 53
a consistent manner. These considerations apply to a small group only and any impacted
personnel have a right of reply.
As the consideration of command accountability is ongoing, and to protect the privacy and
support the welfare of our people, Defence is not in a position to provide further information
about specifics at this time.
4. Refer to response to question three.
5. The Reform Program has two objectives: to address the past and to prevent recurrence.
There is a considerable amount of cultural reform work underway, details of which are
available at: https://www.defence.gov.au/about/reviews-inquiries/afghanistan-
inquiry/defence-response.
Prepared By:
Cleared By:
Name: Rear Admiral Brett Wolski
Name: Vice Admiral David Johnston
Position: Head Afghanistan Inquiry Response Task Force
Position: Vice Chief of the Defence Force
Division: Afghanistan Inquiry Response Task Force
Division: Vice Chief of the Defence Force
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Last updated: 24 May 2023
Afghanistan Inquiry – Compensation and Command Accountability
FOI 789/22/23
Key witnesses General Angus Campbell; Matt Yannopoulos; Adrian D’Amico; Rear Admiral Brett Wolski
Document 54
Talking Points
Compensation
The Afghanistan Inquiry report made 15 recommendations to pay compensation to
alleged victims or their families where there is credible evidence of property damage,
assault and unlawful killing, without awaiting the establishment of criminal liability.
Defence has been working with the Department of Foreign Affairs and Trade, the
Department of Finance, the Department of the Prime Minister and Cabinet and the
Attorney-General’s Department, among others, to explore options to give effect to the
recommendations.
No feasible options for making payments have been identified so far, but Defence
continues to work with Commonwealth agencies to explore options to give effect to
the recommendations.
Defence, via the Afghanistan Inquiry Reform Program, originally aimed to finalise the
compensation recommendations by June 2021. Due to the complexities identified,
progress against the recommendations remain ongoing. Defence continues to work on
a pathway to resolution.
If pressed: What are the legal, practical and logistical issues with making payment?
The issue of compensation is complex and comes with a number of legal, practical
and logistical issues due to the ongoing geopolitical situation in Afghanistan. These
include:
lack of Australian diplomatic presence in Afghanistan;
difficulties with getting funds into Afghanistan in light of the liquidity crisis and
problems with the banking sector;
sanctions and policy limitations applicable to any engagement with the Taliban;
and
it is not safe or practicable to identify and locate individuals to whom
compensation recommendations relate (noting the Report did not provide
sufficient identifying details).
Command Accountability
What recommendation from the Afghanistan Inquiry is being implemented?
The Inspector-General of the Australian Defence Force Afghanistan Inquiry
recommended the award of decorations to those in command positions at troop,
squadron and task group level during particular Special Operations Task Group
rotations be reviewed.
The Inspector-General found credible information that unlawful killings and other
serious unlawful misconduct occurred during the period 2005 to 2016. Alleged
Prepared By:
Cleared By:
Name: Rear Admiral Brett Wolski
Name: Vice Admiral David Johnston
Position: Head Afghanistan Inquiry Response Task Force
Position: Vice Chief of the Defence Force
Division: Afghanistan Inquiry Response Task Force
Division: Vice Chief of the Defence Force
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Afghanistan Inquiry – Compensation and Command Accountability
FOI 789/22/23
Key witnesses General Angus Campbell; Matt Yannopoulos; Adrian D’Amico; Rear Admiral Brett Wolski
Document 54
incidents occurred in 2009 and 2010, with the majority occurring in the latter years of
2012 and 2013.
Has action been taken against those who held command positions?
The CDF has considered the command accountability of current and former serving
ADF members who held command positions during the periods in which the Inspector-
General of the ADF found credible information of multiple incidents of alleged unlawful
conduct as identified in the Afghanistan Inquiry report.
Persons who held command positions during these periods, irrespective of rank,
have been considered in a consistent manner. These considerations applied to a
small group only. All were given the opportunity to respond during the process.
The CDF has provided the relevant material to the Deputy Prime Minister for
consideration.
This concludes the CDF’s involvement in this process.
Should the Deputy Prime Minister agree that an honour or award be cancelled, the
Deputy Prime Minister will make a recommendation as such to the Governor-General
for his determination.
What is the process for cancelling honours and awards?
A Defence honour may only be cancelled by the Governor-General.
Should the Chief of the Defence Force determine that a member or former member of
the ADF is no longer eligible for, or should no longer be entitled to be recognised by, a
particular honour, the Chief of the Defence Force will request the Deputy Prime
Minister make a recommendation to the Governor-General to cancel that honour.
The determination that an ADF member or former member is no longer eligible
for, or should no longer be entitled to be recognised by, the honour includes the
provision of a notice of the intent to do so and the provision of a right of reply to
the individual.
Should the Deputy Prime Minister agree to make a recommendation to the
Governor-General, the Governor-General will consider the matter to determine if the
honour should be cancelled.
If the Governor-General decides to cancel the honour, it is announced in the Gazette
in the Federal Register of Legislation.
Why is administrative action for command accountability occurring now?
In June 2021, the then-Minister for Defence wrote to the Chief of the Defence
Force directing him to suspend any consideration of administrative action in
relation to personnel who held command positions in the period within the scope
of the Afghanistan Inquiry (2005 to 2016).
Prepared By:
Cleared By:
Name: Rear Admiral Brett Wolski
Name: Vice Admiral David Johnston
Position: Head Afghanistan Inquiry Response Task Force
Position: Vice Chief of the Defence Force
Division: Afghanistan Inquiry Response Task Force
Division: Vice Chief of the Defence Force
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Afghanistan Inquiry – Compensation and Command Accountability
FOI 789/22/23
Key witnesses General Angus Campbell; Matt Yannopoulos; Adrian D’Amico; Rear Admiral Brett Wolski
Document 54
Consequently, the CDF suspended his consideration of administrative action
relating to command accountability at that time.
The current Government confirmed Defence may recommence action for
command accountability.
Accordingly, the CDF recommenced his consideration of administrative action for
command accountability related to the Afghanistan Inquiry.
Does command accountability and responsibility extend to higher Headquarters, such as
Headquarters Joint Task Force 633 or Headquarters Joint Operations Command?
ADF commanders at all levels have a responsibility for ensuring forces under their
command and control comply with the Law of Armed Conflict and Rules of
Engagement.
Command accountability can exist regardless of individual criminal liability. Command
accountability holds commanders accountable for the actions of their subordinates.
If the Chief of the Defence Force is only considering administrative action for command
accountability now, what was the administrative action taken against Army members
following the release of the Afghanistan Inquiry report?
Administrative action may be taken under
the Defence Act 1903 or the Defence
Regulation 2016 against individuals whose conduct, performance or standards are
unsatisfactory or whose actions or behaviour have adversely impacted, or are likely to
impact, the efficiency, reputation or operational effectiveness of the ADF.
Administrative action can include termination of service, censure, reduction in
rank, formal warning or formal counselling. Administrative action may also
include the review of honours and awards.
The threshold for administrative action is less than that required under criminal
law. A member does not need to be found guilty of an offence before
administrative action can be taken against them.
Following the release of the Afghanistan Inquiry report in November 2020, Army
initiated administrative action for involuntary separation of 17 members where
alleged failure to meet ADF expectations and values was identified.
This action was taken with regard to allegations of individual misconduct, not
command accountability.
Army suspended such action for personnel medically discharged, and completed
action for all others.
What is the difference between command accountability and criminal responsibility?
ADF commanders at all levels have a legal responsibility for ensuring forces under
their command and control comply with the Law of Armed Conflict and Rules of
Engagement.
Prepared By:
Cleared By:
Name: Rear Admiral Brett Wolski
Name: Vice Admiral David Johnston
Position: Head Afghanistan Inquiry Response Task Force
Position: Vice Chief of the Defence Force
Division: Afghanistan Inquiry Response Task Force
Division: Vice Chief of the Defence Force
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Afghanistan Inquiry – Compensation and Command Accountability
FOI 789/22/23
Key witnesses General Angus Campbell; Matt Yannopoulos; Adrian D’Amico; Rear Admiral Brett Wolski
Document 54
Commanders can be held criminally responsible for, among other things, being
directly or indirectly or knowingly concerned in or party to the commission of a war
crime.
Separate from criminal responsibility, command accountability can exist regardless of
individual criminal liability. Command accountability holds commanders accountable
for the actions of their subordinates and is described in Defence doctrine such as the
ADF Command and Control Manual and Leadership Doctrine.
Administrative action may be considered where it is found that a commander is
morally responsible for the actions of their subordinates, regardless of the
commander’s involvement in the specific acts.
With respect to the Afghanistan Inquiry, the Inspector-General found alleged criminal
behaviour was ‘conceived, committed, continued and concealed’ at patrol
commander level.
The Inquiry also found, above patrol commander level, commanders did not know and
were not recklessly indifferent to whether their subordinates were allegedly
committing war crimes, and did not fail to take reasonable steps to discover the
behaviour.
Nonetheless, the Inquiry found commanders bear moral responsibility and
accountability for what happened under their command, and recommended the
review of honours and awards to commanders.
Supporting Information
Questions on Notice
Senate Estimates (23 February 2023)
QoN 43, Honours and Awards, Senator Jacqui Lambie (Jacqui Lambie Network,
Tasmania) asked for a copy of Chief of the Defence Force’s Distinguished Service Cross
nomination and citation, and Chief of the Defence Force’s letters to personnel subject
to command accountability considerations.
Senate: (16 December 2022)
QoN 1140, Brereton Report Implementation, Senator David Shoebridge (Greens, New
South Wales) asked a series of questions about the implementation of
recommendations arising from the Afghanistan Inquiry, and action taken by Defence
against alleged perpetrators of war crimes.
Prepared By:
Cleared By:
Name: Rear Admiral Brett Wolski
Name: Vice Admiral David Johnston
Position: Head Afghanistan Inquiry Response Task Force
Position: Vice Chief of the Defence Force
Division: Afghanistan Inquiry Response Task Force
Division: Vice Chief of the Defence Force
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Key witnesses General Angus Campbell; Matt Yannopoulos; Adrian D’Amico; Rear Admiral Brett Wolski
Document 54
Command Accountability
Australian media has reported extensively on command accountability.
On 24 May 2023 ABC News published an article titled,
Australian Defence Force chief
Angus Campbell renews calls to strip medals from Afghanistan war veterans. Journalist
Andrew Greene wrote that the CDF has written to a small number of individuals
informing them that his consideration of command accountability is now closed and
the recommendation regarding the cancellation of honours and awards has been
referred to the Deputy Prime Minister.
On 10 December 2022 News Corp Publications published an article titled,
ADF faces
legal battle over alleged ‘war crimes’ medals. Journalist Charles Miranda wrote that
veterans have sought legal advice over administrative action for command
accountability.
On 1 December 2022 ABC News published an in an in-depth article titled,
Elite soldiers
blast Defence chief Angus Campbell over handling of Afghanistan war crimes report.
Journalist Andrew Greene wrote that Special Forces associations and the RSL said
penalties linked to the Afghanistan Inquiry should be delayed until the results of
investigations and finalisation of legal processes.
Division:
Afghanistan Inquiry Response Task Force
PDR No:
SB23-000435
Prepared by:
Cleared by Division Head:
Rear Admiral Bret Wolski, Head Afghanistan Rear Admiral Bret Wolski, Head Afghanistan
Inquiry response Task Force
Inquiry response Task Force
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 5 April 2023
Date: 5 April 2023
Consultation:
Date: 4 April 2023
s47E(d)
Director Office of the Chief
Mob: s22
Ph: s47E(d)
Counsel
Cleared by
Adrian D’Amico, Chief Defence Counsel
Mob: s22
Ph: s47E(d)
Cleared by CFO / DPG / DSR: N/A
Cleared by Deputy Secretary (or equivalent Band 3/3*):
Date: 6 April 2023
Vice Admiral, David Johnston, Vice Chief of the Defence Force
Prepared By:
Cleared By:
Name: Rear Admiral Brett Wolski
Name: Vice Admiral David Johnston
Position: Head Afghanistan Inquiry Response Task Force
Position: Vice Chief of the Defence Force
Division: Afghanistan Inquiry Response Task Force
Division: Vice Chief of the Defence Force
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Key witnesses General Angus Campbell; Matt Yannopoulos; Adrian D’Amico; Rear Admiral Brett Wolski
Document 54
Questions on notice referred to within the brief:
Supplementary Budget Estimates 23 February 2023
Awards
Senator Jacqui Lambie
Question
1. Would the Department please provide a copy of the nomination (including the citation) for
the Chief of Defence Forces’ (Angus J Campbell) Distinguished Service Cross.
2. Would the Department please provide a copy of the decision (including the agreed
citation) to award the Chief of Defence Force (Angus J Campbell) his Distinguished Service
Cross.
Chief of Defence Forces’ letter to service personnel who received various awards in
Afghanistan.
1. Would the Department please provide a copy of all letters sent by the Chief of Defence
Force (General Angus J Campbell), on or around 2nd November 2022, to recipients of awards
for their command in Afghanistan.
a. Specifically, these are letters that ask the recipient to consider retention or
cancellation of their award in light of the Brereton Report.
2. Would the Department please also provide a copy of the two annexes provided with each
letter.
a. Specifically, the ‘Acknowledgement’, and the ‘Welfare’ attachments.
Answer
Chief of the Defence Forces’ Distinguished Service Cross
1. Nominations for military honours are handled in confidence.
2. The agreed citation is publically available at
https://webarchive.nla.gov.au/awa/20130404134324/http://www.gg.gov.au/queens-
birthday-2012-honours-lists.
Chief of the Defence Force’s letter to service personnel who received various awards in
Afghanistan
1a-2a. As the consideration of command accountability is ongoing, and to protect the privacy
and support the welfare of our people, Defence will not provide this information.
Senate Question on Notice 16 December 2022
Brereton Report Implementation
Senator David Shoebridge
Question
1. Separate from the process being undertaken by the Office of the Special Investigator (OSI) ,
what measures have been taken in relation to the 25 current or former Australian special
Prepared By:
Cleared By:
Name: Rear Admiral Brett Wolski
Name: Vice Admiral David Johnston
Position: Head Afghanistan Inquiry Response Task Force
Position: Vice Chief of the Defence Force
Division: Afghanistan Inquiry Response Task Force
Division: Vice Chief of the Defence Force
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-000435
Last updated: 24 May 2023
Afghanistan Inquiry – Compensation and Command Accountability
FOI 789/22/23
Key witnesses General Angus Campbell; Matt Yannopoulos; Adrian D’Amico; Rear Admiral Brett Wolski
Document 54
forces personnel who, according to the Brereton Report, were implicated in the alleged
unlawful killing of 39 individuals and the cruel treatment of two others:
a. has any administrative or other action been taken against these 25 individuals, or any
other individuals in relation to allegations of war crimes; and
b. have any citations, medals or awards been revoked in regards all or any of these 25
individuals; if so, please provide details.
2. Separate from the process being undertaken by the OSI, what other measures have been
taken to address the recommendations in the Brereton Report.
3. Does the Government still maintain that responsibility and accountability for the alleged
war crimes does not extend to higher headquarters, including in particular Headquarters
Joint Task Force 633 and Headquarters Joint Operations Command.
4. If the answer to 3 is yes, has there been any accountability or other measures taken in
relation to senior staff at Headquarters Joint Task Force 633 or Headquarters Joint
Operations Command; if so what action.
5. What cultural reforms have been made to the ADF to implement the recommendations of
the Brereton Report.
Answer
1a. All allegations of unlawful killings have been referred to the Office of the Special
Investigator (OSI) through the provision of the Afghanistan Inquiry report to the OSI Special
Counsel.
Criminal investigations and any potential prosecutions are being conducted independently of
Defence.
In late 2020, following the release of the Afghanistan Inquiry report, Army initiated
administrative action, inclusive of a notice to show cause, for termination of service against
17 serving individuals where alleged failure to meet ADF expectations and values was
identified.
The decision-maker determined each notice on a case-by-case basis and all members were
afforded due process. Army informed each member (or their legal representative) of the
outcome of their notice.
By 14 February 2022, administrative action for all 17 members was completed.
The decisions made in relation to the administrative action were independent of any
consideration of criminal liability. Professional misconduct does not pre-suppose criminal
misconduct.
b. No citations, medals or awards have been revoked in regards to any of these 25
individuals. However, Defence notes that a process is currently underway to review
command accountability and associated awards.
2. Since the release of the Afghanistan Inquiry report in November 2020, Defence has
undertaken a substantial body of work to address the Inspector-General’s findings and
Prepared By:
Cleared By:
Name: Rear Admiral Brett Wolski
Name: Vice Admiral David Johnston
Position: Head Afghanistan Inquiry Response Task Force
Position: Vice Chief of the Defence Force
Division: Afghanistan Inquiry Response Task Force
Division: Vice Chief of the Defence Force
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-000435
Last updated: 24 May 2023
Afghanistan Inquiry – Compensation and Command Accountability
FOI 789/22/23
Key witnesses General Angus Campbell; Matt Yannopoulos; Adrian D’Amico; Rear Admiral Brett Wolski
Document 54
recommendations and embed genuine, enduring and sustainable reform across the
enterprise.
On 30 July 2021 Defence released the Afghanistan Inquiry Reform Plan (the Reform Plan)
setting out the Defence strategy for responding to the Inquiry and establishing the
Afghanistan Inquiry Reform Program (the Reform Program) to coordinate and drive this work.
Defence has implemented the required action to close 103 of the 143 Inquiry
recommendations. The Minister for Defence has directed the Chief of the Defence Force to
come up with a plan to close off the remaining recommendations.
Further information on Defence’s response, including a list of work completed and in
progress, is available at: https://www.defence.gov.au/about/reviews-inquiries/afghanistan-
inquiry/defence-response
3. ADF commanders at all levels have a responsibility for ensuring forces under their
command and control comply with the Law of Armed Conflict and Rules of Engagement.
Command accountability can exist regardless of individual criminal liability. Command
accountability holds commanders accountable for the actions of their subordinates.
The Afghanistan Inquiry found commanders bear moral responsibility and accountability for
what happens under their command, and recommended the review of honours and awards
to commanders.
The Chief of the Defence Force (CDF) is considering the command accountability of current
and former serving ADF members who held command positions, at a range of ranks, during
the periods for which the Inspector-General found multiple incidents of alleged unlawful
conduct. Persons who held command positions, irrespective of rank, are being considered in
a consistent manner. These considerations apply to a small group only and any impacted
personnel have a right of reply.
As the consideration of command accountability is ongoing, and to protect the privacy and
support the welfare of our people, Defence is not in a position to provide further information
about specifics at this time.
4. Refer to response to question three.
5. The Reform Program has two objectives: to address the past and to prevent recurrence.
There is a considerable amount of cultural reform work underway, details of which are
available at: https://www.defence.gov.au/about/reviews-inquiries/afghanistan-
inquiry/defence-response.
Prepared By:
Cleared By:
Name: Rear Admiral Brett Wolski
Name: Vice Admiral David Johnston
Position: Head Afghanistan Inquiry Response Task Force
Position: Vice Chief of the Defence Force
Division: Afghanistan Inquiry Response Task Force
Division: Vice Chief of the Defence Force
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-0000469
Last updated: 11 May 2023
Afghanistan: Locally Engaged Employees
FOI 789/22/23
Key witness: Hugh Jeffrey
Document 55
[NB: Dr Thom’s final report and the Government response may be publicly available on 31
May 2023]
If pressed: What does the Report say?
A number of the concerns raised during the Senate Reference Committee Inquiry into
Australia’s Engagement in Afghanistan are borne out in Dr Thom’s report, including:
Historical inconsistencies in the application of the program, irregularities in
decision making, poor administration and communication with applicants, and
prolonged processing times.
If pressed: What recommendations did the Report make?
The Report makes seven recommendations to improve the design and delivery of the
current Afghan LEE program.
The Report provides a recommendation with nine design principles for future LEE
programs.
If pressed: What is the Government doing in response to the Report?
Addressing the Report’s recommendations is a priority for the Government.
The Government is carefully considering the recommendations and will publish
its response shortly.
Defence is staffing up a team to process remaining Afghan LEE applications, and be ready
to implement the Government response to Dr Thom’s recommendations.
If pressed: How is Defence protecting LEE left in Afghanistan?
We hold the Taliban responsible for any actions targeting individuals due to their
perceived or real links to Coalition forces.
The Australian Government is committed to helping those who helped us.
The LEE visa program remains open and Defence continues to assess any LEE
applications received.
Senate References Committee Inquiry into Australia’s engagement in Afghanistan
The Senate referred Australia’s engagement in Afghanistan to the Foreign Affairs,
Defence and Trade References Committee for inquiry on 26 August 2021.
The interim report was released on 21 January 2022.
The final report was released on 5 April 2022.
The Government has acted on the Inquiry’s recommendation to review the operation of
the Afghan LEE program.
The Government is finalising its response to the interim and final reports.
Prepared By:
Cleared By:
Name: Tom Menadue
Name: Hugh Jeffrey
Position: Assistant Secretary Global Partners
Position: Deputy Secretary
Division: International Policy Division
Group/Service: Strategy, Policy, and Industry
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-0000469
Last updated: 11 May 2023
Afghanistan: Locally Engaged Employees
FOI 789/22/23
Key witness: Hugh Jeffrey
Document 55
[NB: the Government response to the Senate References Committee's interim and final
reports may be publicly available on 31 May 2023]
If pressed: The August 2021 evacuations out of Kabul
The Australian Government facilitated the evacuation of around 4,100 people on 32
flights from Kabul, including Defence LEE and their families from 18 to 26 August 2021.
If pressed: How many Afghan LEE were able to access subclass 449 emergency humanitarian
visas during the evacuations out of Kabul?
Defence has no visibility of Home Affairs visa processes and cannot comment on how
many visas were issued.
During the Kabul evacuation, Defence provided Home Affairs with the verified names of
655 vulnerable Afghans with a connection to Defence for emergency humanitarian
visas (subclass 449 visa).
The majority of these were ADF members’ immediate and extended family, and
were not LEE or LEE related.
If pressed: Why didn’t Defence evacuate LEE sooner?
Australian visa holders, including LEE, were able to leave Afghanistan using commercial
flights up until 15 August 2021.
At that point, the Government took the decision to accelerate the expatriation of
Australians and Australian visa holders through the US-led evacuation operation.
Once the operation had begun, it was necessary to wait until US and UK enablers were
on the ground before our airlift operations could begin.
From 18 to 26 August 2021, as part of the US-led operation, the Australian Government
facilitated the evacuation of around 4,100 people on 32 flights.
Background
Afghan Locally Engaged Employee Program
Since 2013, Australia has offered prioritised access to humanitarian visas to eligible
Afghan LEE at risk of harm due to their employment in support of Australia’s mission in
Afghanistan.
Certification provides LEE and their direct family members prioritised access to
humanitarian visas, but does not guarantee a visa.
The Australian Federal Police, Department of Defence and the Department of Foreign
Affairs and Trade assess applications for certification and refer them to the relevant
Minister for consideration, in accordance with the
Migration Regulations 1994 (Cth)
under legislative instrument IMMI 12/127.
Prepared By:
Cleared By:
Name: Tom Menadue
Name: Hugh Jeffrey
Position: Assistant Secretary Global Partners
Position: Deputy Secretary
Division: International Policy Division
Group/Service: Strategy, Policy, and Industry
Phone: s47E(d) / s22
Phone: s47E(d)
/ s22
Page
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PDR No: SB23-0000469
Last updated: 11 May 2023
Afghanistan: Locally Engaged Employees
FOI 789/22/23
Key witness: Hugh Jeffrey
Document 55
Assessments are based on factors including employment with DFAT, the Australian
Defence Force, the Australian Agency for International Development or the AFP and their
risk of harm due to their employment with an Australian Government agency. Each
application for certification is considered by the relevant Minister on a case-by-case basis.
Once certified, an applicant submits a visa application to the Department of Home Affairs.
Home Affairs processes the visa application, including assessment against health,
character and national security requirements. Family members included in the application
are considered for the same type of visa.
According to Home Affairs, more than 2,300 Afghans, have arrived in Australia under the
Afghan Locally Engaged Employee program since 2013, including AFP, Department of
Foreign Affairs and Trade and Defence locally engaged Employee and their family.
The Australian Government has allocated 26,500 dedicated places in the Humanitarian
Program for Afghan nationals through to 2025-26.
The Independent Whole-of-Government Review of Locally Engaged Employee Program
The Afghan LEE review was led by Dr Vivienne Thom AM. Dr Thom was selected given her
substantial experience on public inquiries and leading the Afghanistan Inquiry
Implementation Oversight Panel.
Dr Thom engaged with Ministers and relevant whole-of-government and public
stakeholders. Defence and ADF provided evidence to Dr Thom in support of her review,
including then a/DEPSEC SP&I (Mr Hugh Jeffrey) and CJOPs (Major General Greg Bilton).
Dr Thom was provided access to Government records, including from Defence, from the
life of the program.
As directed by Government, Defence contributed to the costs of Dr Thom’s review.
Senate Inquiry on Australia’s Engagement in Afghanistan
The Senate Foreign Affairs, Defence and Trade References Committee inquiry into
Australia’s engagement in Afghanistan held four public hearings (11 October 2021, 15
November 2021, 2 February 2022 including DFAT, Defence, Home Affairs, and 8
November 2021).
Defence witnesses on 11 October 2021 included CDF and then FASIP (Mr Hugh Jeffrey).
Prepared By:
Cleared By:
Name: Tom Menadue
Name: Hugh Jeffrey
Position: Assistant Secretary Global Partners
Position: Deputy Secretary
Division: International Policy Division
Group/Service: Strategy, Policy, and Industry
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
4 of
6
Budget Estimates: May 2023
PDR No: SB23-0000469
Last updated: 11 May 2023
Afghanistan: Locally Engaged Employees
FOI 789/22/23
Key witness: Hugh Jeffrey
Document 55
Supporting Information
Questions on Notice
No QoNs asked.
Freedom of Information (FOI) Requests
None
.
Recent Ministerial Comments
On 10 November 2022, the Deputy Prime Minister, the Minister for Foreign Affairs, and
the Minister for Immigration, Citizenship and Multicultural Affairs, released a joint
statement announcing an independent review into the Afghan Locally Engaged
Employee program
Independent Review into the Afghan Locally Engaged Employee Program | Australian
Minister for Foreign Affairs
On 15 August 2022, the Deputy Prime Minister, the Minister for Foreign Affairs, and
the Minister for Immigration, Citizenship and Multicultural Affairs, released a joint
statement commemorating the one year anniversary of the fall of Kabul.
Anniversary of the fall of Kabul | Australian Minister for Foreign Affairs
Relevant Media Reporting
On 16 March 2023, SBS News published an article titled, “Albanese government
accused of abandoning visa processing for people in Afghanistan.” Journalist Finn
McHugh reported on the Albanese government’s inaction when processing refugee
applications from Afghans on 16 March 2023.
On 12 December 2022 SBS News published article titled, “Adam is considered a ‘traitor’
for helping Australia. Now he’s in hiding and fears for his life.” Journalist Rashida
Yosufzai reported about a former Afghan base worker found ineligible in the Afghan
Locally Engaged Employee program.
On 15 August 2022 The Guardian Australia published an article titled, “Letters from
those left behind: Afghans who worked for Australia describe desperation as they hide
from Taliban.” Journalist Ben Doherty examined the hardships Afghan nationals face as
they await Locally Engaged Employee certification and humanitarian visas.
Prepared By:
Cleared By:
Name: Tom Menadue
Name: Hugh Jeffrey
Position: Assistant Secretary Global Partners
Position: Deputy Secretary
Division: International Policy Division
Group/Service: Strategy, Policy, and Industry
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
5 of
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Budget Estimates: May 2023
PDR No: SB23-0000469
Last updated: 11 May 2023
Afghanistan: Locally Engaged Employees
FOI 789/22/23
Key witness: Hugh Jeffrey
Document 55
Division:
International Policy Division
PDR No:
SB23-0000469
Prepared by:
Cleared by Division Head:
Tom Menadue, Assistant Secretary Global
Samantha Higgins, Acting First Assistant
Partners
Secretary International Policy
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 11 May 2023
Date: 11 May 2023
Cleared by Deputy Secretary:
Date: 11 May 2023
Hugh Jeffrey, Deputy Secretary
Strategy, Policy, and Industry
Prepared By:
Cleared By:
Name: Tom Menadue
Name: Hugh Jeffrey
Position: Assistant Secretary Global Partners
Position: Deputy Secretary
Division: International Policy Division
Group/Service: Strategy, Policy, and Industry
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
6 of
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Budget Estimates: May 2023
PDR No: SB23-000439
Last updated: 10 May 2023
2023-24 Portfolio Budget Statements
FOI 789/22/23
Key witness: Steven Groves
Document 56
Talking Points
Defence’s 10-year funding model provides long-term funding certainty to deliver
capability in line with the Defence Strategic Review.
The Government will provide Defence $50.1 billion in 2023-24 and $214.1 billion over
the Forward Estimates.
Defence’s funding from 2022-23 to 2025-26 has increased by $664.2 million since the
October 2022-23 Budget, including an increase of $245.8 million in 2023-24.
Table 2 in the PBS 2023-24 (shown below) provides a breakdown of the variation in
Defence funding since the October 2022-23 Budget:
Table 2: Defence 2023-24 Budget Measures
2023-24 2024-25 2025-26 2026-27
Budget
Forw ard
Forw ard
Forw ard
Estim ate Estim ate Estim ate Estim ate
Total
Program
$m
$m
$m
$m
$m
Budget Measures
Paym ent Measures
Enhancing Pacific Engagement [a]
2.1
–
–
–
–
–
Cyber Security - additional funding
2.11
3.9
–
–
–
3.9
Advanced Strategic Capabilities Accelerator [b]
2.13
–
–
–
–
–
Adequate Funding for Oversight of our Intel igence Agencies [c]
2.14
-0.3
-0.5
-0.6
-0.6
-2.1
Extension of the Defence Industry Pathw ays Program [d]
2.15
–
–
–
–
–
Nuclear-Pow ered Submarine Program - initial implementation [e]
Various
nfp
nfp
nfp
nfp
nfp
Office of the Special Investigator Operations and Dow nstream Impacts
Funding – extension [c]
Various
-63.0
-66.4
–
–
-129.4
Securing a Unique and Critical Defence Capability [f]
Various
nfp
nfp
nfp
nfp
nfp
Recognising the Australian Defence Force’s Unique Service to the Nation [g]
Various
–
–
–
–
–
Addi ional Assistance to Ukraine [h]
Various
–
–
–
–
–
Total Departm ental Budget Measures
-59.4
-66.9
-0.6
-0.6
-127.6
Other Departm ental Budget Adjustm ents
Operation ACCORDION [i]
1.2
117.1
-0.0
–
–
117.1
Operation RESOLUTE
1.3
77.5
–
–
–
77.5
Transfer of projects to the Australian Signals Directorate
2.9
-158.2
-224.7
-260.2
-120.7
-763.8
Savings from External Labour, and savings from Advertising, Travel and
Legal Expenses
Various
-154.3
-158.8
-163.7
-155.1
-631.9
Foreign Exchange
Various
491.3
541.4
528.9
503.7
2,065.4
Increased support for the Jaw un Program [j]
Various
-0.1
-0.1
–
–
-0.2
Other Budget Adjustments [k]
Various
nfp
nfp
nfp
nfp
nfp
Other Adm inistered Budget Adjustm ents
Defence Home Ow nership Assistance Scheme
2.22
17.3
26.8
39.1
53.8
137.1
Total Other Departm ental Budget Adjustm ents
373.3
157.7
105.0
227.9
863.9
Total Other Adm inistered Budget Adjustm ents
17.3
26.8
39.1
53.8
137.1
Total Other Budget Adjustm ents
390.6
184.6
144.1
281.7
1,001.0
Total Departm ental Funding
313.9
90.9
104.4
227.3
736.4
Total Adm inistered Funding
17.3
26.8
39.1
53.8
137.1
Total Defence Funding
331.2
117.7
143.5
281.1
873.4
Notes
a. This measure provides $923 9 mil ion over the period 2023-24 to 2026-27 w hich is being absorbed by Defence.
b. This measure provides $748.4 mil ion over the period 2023-24 to 2026-27 w hich is being absorbed by Defence.
c. This measure is a transfer to the Attorney-General's Portfolio.
d. This measure provides $11.4 mil ion over the period 2023-24 to 2025-26 w hich is being absorbed by Defence.
e. This measure is a transfer to various agencies and is not for publication (nfp) due to commercial sensitivities.
f. This measure is a transfer to the Department of Finance and is not for publication (nfp) due to commercial sensitivities.
g. This measure provides $397.4 mil ion over the period 2023-24 to 2024-25 w hich is being absorbed by Defence.
h. This measure provides $189.6 mil ion over the period 2022-23 to 2023-24 w hich is being absorbed by Defence.
i. Budget estimates show n as 0.0 are amounts greater than $0 but less than $50,000.
j. This is a transfer to the National Indigenous Australians Agency and the Australian Public Service Commission.
k. This budget adjustment is not for publication (nfp) due to na ional security.
Prepared By:
Cleared By:
Name: Michael Cosgrove
Name: Steven Groves
Position: Assistant Secretary Budgeting and Reporting
Position: Chief Finance Officer
Division: Budgets and Financial Services
Group/Service: Defence Finance Group
Phone: s22
Phone: s22
Page
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Budget Estimates: May 2023
PDR No: SB23-000439
Last updated: 10 May 2023
2023-24 Portfolio Budget Statements
FOI 789/22/23
Key witness: Steven Groves
Document 56
PBS 2023-24 Measures
Further information on Defence 2023-24 Budget measures are at Attachment A.
Major Defence Operations
The Government will provide $196.6 million in 2023-24 for Major Defence Operations
under no-win/no-loss arrangements:
$118.0 million for Operation ACCORDION
; and
$77.5 million for Operation RESOLUTE.
The Government will also provide $37.4 million in 2022-23 for three new Major
Defence Operations under no-win/no-loss arrangements:
$11.4 million for Operation VANUATU ASSIST;
$13.8 million for Operation LILIA; and
$12.2 million for Operation KUDU.
Background
Defence 2023-24 Budget Summary
2023-24 Defence planned expenditure (exclusive of Australian Signals Directorate)
includes:
$17.7 billion (34.6 per cent of the Defence budget) for capability acquisition:
$12.4 billion for military equipment;
$4.2 billion for facilities and infrastructure;
$0.9 billion for ICT; and
$0.2 billion for other capital equipment (such as minor military equipment
and other plant and equipment).
$15.4 billion (30.1 per cent of the Defence budget) for sustainment:
$10.7 billion for military capability sustainment;
$3.0 billion for facilities sustainment;
$1.6 billion for ICT sustainment; and
$0.1 billion for other sustainment.
$14.9 billion (29.2 per cent of the Defence budget) for employees:
$XX billion for military employees;
$XX billion for civilian employees; and
$XX billion for other employee costs (e.g. Comcare premium and
recruitment).
Prepared By:
Cleared By:
Name: Michael Cosgrove
Name: Steven Groves
Position: Assistant Secretary Budgeting and Reporting
Position: Chief Finance Officer
Division: Budgets and Financial Services
Group/Service: Defence Finance Group
Phone: s22
Phone: s22
Page
3 of
4
Budget Estimates: May 2023
PDR No: SB23-000439
Last updated: 10 May 2023
2023-24 Portfolio Budget Statements
FOI 789/22/23
Key witness: Steven Groves
Document 56
$2.9 billion (5.7 per cent of the Defence budget) for operating activities and
services including business travel and consumable items.
$0.2 billion for military Operations.
Supporting Information
Questions on Notice
No QoNs asked.
Freedom of Information (FOI) Requests
None.
Recent Ministerial Comments
Investing in Australia's national defence | Defence Ministers
Further investments to support veterans and families | Defence Ministers
Relevant Media Reporting
Federal budget squirrels away $30bn to lift defence funding over decade | Australian budget
2023 | The Guardian
Budget 2023: AUKUS submarine bill swells $4.5b as defence spending shoots past $50b
(afr.com)
Division:
Budgets and Financial Services
PDR No:
SB23-000439
Prepared by:
Cleared by Division Head:
Michael Cosgrove, Assistant Secretary,
Sam Volker, First Assistant Secretary,
Budgeting and Reporting
Budgets and Financial Services
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 03 April 2023
Date: 06 April 2023
Consultation: NA
Cleared by Deputy Secretary (or equivalent Band 3/3*):
Date: 10 May 2023
Steven Groves, Chief Finance Officer.
Prepared By:
Cleared By:
Name: Michael Cosgrove
Name: Steven Groves
Position: Assistant Secretary Budgeting and Reporting
Position: Chief Finance Officer
Division: Budgets and Financial Services
Group/Service: Defence Finance Group
Phone: s22
Phone: s22
Page
4 of
4
FOI 789/22/23
Document 56
Attachment 1
ATTACHMENT A
PBS 2023-24 Measures
Enhancing Pacific Engagement
This measure bolsters Australia’s competitiveness, security and relationships with the Pacific
at a time of global uncertainty. Defence’s contribution to this measure will be met from
within Defence’s existing resources. This comprises:
•
Infrastructure Supplement for the maintenance and sustainment of Pacific
security infrastructure projects largely impacted by COVID19 border restrictions
and global supply chain disruptions.
•
Pacific Maritime Security Program Supplement including ongoing support for
ongoing maintenance and sustainment of the pacific maritime capability.
•
Support for Regional Defence Forces to reinforce regional partnerships secure
access and develop sovereign air transport and surveillance capabilities within the
Pacific. This also includes the training of Pacific Defence force personnel to
support their plans for growth, recruitment and training.
Cyber Security – additional funding
This measure provides $3.9 million of new funding in 2023-24 to support the transition out of
the Cyber Hubs program. This funding is for the decommissioning of cyber hubs services and
off-boarding client entities.
Advanced Strategic Capabilities Accelerator
This measure provides $748.4 million over 2023-24 and the Forward Estimates period to
2026-27 for the Advanced Strategic Capabilities Accelerator. This will establish a new
research and development entity within Defence to fund pivotal research on breakthrough
technologies for national security, bringing Australia in line with AUKUS partners.
The establishment of ASCA will significantly enhance Defence's ability to transition innovation
into enhanced Defence capabilities at the urgency required by the strategic environment.
This measure will be funded by repurposing $591.0 million from the uncommitted
components of the Defence Innovation Hub, the Next Generation Technology Fund and the
Capability Acceleration Fund. A further $157.4 million will be absorbed from within Defence’s
existing departmental resources.
Adequate Funding for Oversight of our Intelligence Agencies
Defence to provide $2.1 million over 2023-24 and the Forward Estimates period to 2026-27
to the Attorney-General’s Portfolio for oversight of intelligence agencies.
FOI 789/22/23
Document 56
Attachment 1
Extension of the Defence Industry Pathways Program
Defence will absorb $11.4 million over three years to extend the Defence Industry Pathways
Program within the shipbuilding sector of Western Australia.
The program is a 12 month skills development program through which 150 participants (50
participants per year). It will support the pipeline of talent into the defence shipbuilding and
sustainment industry by providing participants with a broad understanding of the sector, and
a pathway leading to the skills required by Australia’s defence industry in the future.
Nuclear-Powered Submarine Program – initial implementation
Defence to provide funding to a range of agencies to support the delivery of Nuclear
Powered Submarines. Estimates for this measure are not for publication due to commercial
sensitivities.
Office of the Special Investigator Operations and Downstream Impacts Funding – extension
Defence to provide $129.4 million over 2023-24 and 2024-25 to the Attorney-General’s
Portfolio to fund work of the Office of the Special Investigator’s investigation and prosecution
of potential war crimes in Afghanistan.
Securing a Unique and Critical Defence Capability
Defence to s47E(d)
over 2023-24 and the Forward Estimates period to 2026-27
to the Department of Finance to support the Government’s purchase of shares in CEA
Technologies Pty Ltd. Estimates for this measure are not for publication due to commercial
sensitivities.
Recognising the Australian Defence Force’s Unique Service to the Nation
This measure provides $397.4 million over 2023-24 and 2024-25 for a Recruitment and
Retention Package including:
•
$395.4 million over two years from 2023-24 to pilot a $50,000 continuation
bonus to ADF members nearing the completion of the initial minimum period of
service arrangements. Defence is funding this from within existing Departmental
resources.
•
$2.0 million to undertake a housing feasibility review in 2023-24 to determine
ways to reduce the housing burden on Australian Defence Force members.
Defence is funding the review from within its existing Departmental resources
FOI 789/22/23
Document 56
Attachment 1
Additional Assistance to Ukraine
This measure provides $189.6 million of military assistance to Ukraine from 2022-23 to
2023-24 which includes provision of:
• 30 Bushmaster and associated transportation cost.
• 155-milimeter artillery ammunitions as a part of a joint initiative between France and
Australia.
• unmanned aerial vehicle and associated support equipment.
• training to the Ukrainian Armed Forces.
Other Departmental Budget Adjustments
Operation ACCORDION
This is an increase to Defence funding of $117.1 million in 2023-24 to continue Operation
ACCORDION. This funding will be provided on a no-win/no-loss basis. There is a slight
decrease to Defence funding of $48,000 in 2024-25 for costs that are no longer required.
Operation RESOLUTE
This is an increase to Defence funding of $77.5 million in 2023-24 to continue Operation
RESOLUTE. This funding will be provided on a no-win/no-loss basis.
Transfer of projects to the Australian Signals Directorate
This is a transfer of $763.8 million to the Australian Signals Directorate over 2023-24 and the
Forward Estimates period to 2026-27 for the transfer of approved projects from the
Integrated Investment Program.
Savings from External Labour, and savings from Advertising, Travel and Legal Expenses
This is Defence’s contribution to a whole-of-government savings measure that will reduce
Defence’s appropriation by $631.9 million over 2023-24 and the Forward Estimates period to
2026-27 to achieve savings from external labour, advertising, travel and legal expenses.
Foreign Exchange
This is an increase in funding of $491.3 million in 2023-24 and $2.1 billion over the Forward
Estimates to 2026-27 due to a change in foreign exchange parameters.
Increased support for the Jawun Program
This is a transfer of $0.2 million over 2023-24 and 2024-25 to the National Indigenous
Australians Agency and the Australian Public Service Commission to provide increased
support for the Jawun Program.
Other Departmental Budget Adjustments
There are a number of items included in Other Budget Adjustments. Total figures for this
category are not for publication (NFP) due to national security reasons associated with some
elements.
FOI 789/22/23
Document 56
Attachment 1
Administered Budget Adjustments
This is an administered budget adjustment providing $137.1 million over 2023-24 and the
Forward Estimates period to 2026-27 for the Defence Home Ownership Assistance Scheme
(DHOAS), which assists current and former ADF members and their families to achieve home
ownership. This increase is driven by a change in the economic parameters underpinning the
DHOAS.
PAES 2022-23 Measures and Departmental Budget Adjustments
Australian Defence Force Deployments
Defence will receive $37.4 million in 2022-23 for three additional no-win/no-loss operations.
$12.2 million for Operation KUDU, $13.8 million for Operation LILIA and $11.4 million for
Operation VANUATU ASSIST 2023.
Operation KUDU
• Operation Kudu is the Australian Defence Force’s commitment to the training of
Armed Forces of Ukraine recruits in the United Kingdom (UK).
• A contingent of up to 70 Australian Defence Force (ADF) personnel are deployed on
Operation KUDU to assist with the UK-led and based training program.
• The Australian contingent is working alongside partner nations as part of the UK-led
training program to build additional capacity for Ukraine to defend their homeland
and will focus on basic infantry tactics for urban and wooded environments.
Operation LILIA
• Operation LILIA is the Australian Defence Force’s contribution to supporting the
Australian Government’s response of assisting the Solomon Islands Government to
stabilise public unrest.
• The ADF contributes to the Australian Government’s response in support of the Royal
Solomon Islands Police Force to restore peace and stability in the Solomon Islands.
• Op LILIA has been declared as a Non-Warlike operation.
Operation VANUATU ASSIST
• Operation VANUATU ASSIST is the Australian Defence Force’s contribution to
supporting the Australian Government’s response of best supporting the Ni-Vanuatu
people impacted by Tropical Cyclone Judy and Tropical Cyclone Kevin.
• A contingent of a 600 person team has delivered more than 100 tonnes of
humanitarian aid, including food, shelter and medical supplies to Vanuatu.
• In addition to humanitarian aid, support to Vanuatu included hydrographic
reconnaissance, route clearance, emergency medical evacuations, transport of local
government officials, and clean-up and remediation of local infrastructure, including
Vila Central Hospital, two schools and the Maternity and Child Health Clinic.
• Operation VANUATU ASSIST was ceased on 21 April 2023.
Budget Estimates: May 2023
PDR No: SB23-000440
Last updated: 10 May 2023
Key Facts and Figures
FOI 789/22/23
Key witness: Steven Groves
Document 57
Table 1: Defence Departmental Appropriation (including Australian Signals Directorate)
2017-18 to 2021-22:
2017-18
2018-19
2019-20
2020-21
2021-22
Actual $m
Actual $m
Actual $m
Actual $m
Actual $m
Defence
(Including
Australian Signals
34,926.0
37,239.3
39,249.0
42,238.9
45,487.2
Directorate)
Table 2: Defence Departmental Appropriation (including Australian Signals Directorate)
across the Forward Estimates (Portfolio Budget Statement 2023-24 price basis):
2022-23
2023-24
2024-25
2025-26
2026-27
Estimated
Budget
Budget
Budget
Previous
Actual
Estimate
Estimate
Estimate
Estimate
$m
$m
$m
$m
$m
Defence
47,419.4
50,086.4
51,890.8
54,505.8
57,582.3
Australian Signals
Directorate
1,711.8
2,472.4
2,523.3
2,304.4
2,233.7
Total
49,131.2
52,558.8
54,414.1
56,810.2
59,816.0
Table 3: Split of Defence spending by major category at 2023-24 Budget:
Acquisition
Sustainment
Workforce
Operating
Operations
Funding ($b)
17.7
15.4
14.9
2.9
0.2
% of Defence
appropriation
34.6
30.1
29.2
5.7
0.4
Background
Defence Budget as at Portfolio Budget Statement 2023-24
The variation in Defence’s appropriation since the publication of the October Portfolio
Budget Statement 2022-23 is primarily due to a change in foreign exchange parameters,
delivery of election commitments, funding for new Budget measures and whole-of-
government savings.
2023-24 Defence planned expenditure (exclusive of Australian Signals Directorate) as at
the Portfolio Budget Statement 2023-24 includes:
Prepared By:
Cleared By:
Name: Michael Cosgrove
Name: Steven Groves
Position: Assistant Secretary Budget & Reporting
Position: Chief Finance Officer
Division: Budget and Financial Services
Group: Defence Finance Group
Phone: s22
Phone: s22
Page
2 of
5
Budget Estimates: May 2023
PDR No: SB23-000440
Last updated: 10 May 2023
Key Facts and Figures
FOI 789/22/23
Key witness: Steven Groves
Document 57
$17.7 billion (34.6 per cent of the Defence budget) for capability acquisition:
$12.4 billion for military equipment;
$4.2 billion for facilities and infrastructure;
$0.9 billion for ICT; and
$0.2 billion for other capital equipment (such as minor military equipment
and other plant and equipment).
$15.4 billion (30.1 per cent of the Defence budget) for sustainment:
$10.7 billion for military capability sustainment;
$3.0 billion for facilities sustainment;
$1.6 billion for ICT sustainment; and
$0.1 billion for other sustainment.
$14.9 billion (29.2 per cent of the Defence budget) for employees:
$X.X billion for military employees;
$X.X billion for civilian employees; and
$X.X billion for other employee costs (e.g. Comcare premium and
recruitment).
$2.9 billion (5.7 per cent of the Defence budget) for operating activities and
services including business travel and consumable items.
$0.2 billion (0.4 per cent of the Defence budget) for military Operations.
Defence Major Operations
As part of our ongoing commitment to security and stability at home and around the
globe, the Government continues to fund major operations. The estimated net additional
cost of Major Operations in financial year 2023-24 is $196.6 million.
Delivering Capability in line with the Defence Strategic Review
The Government is committed to increase Defence funding above its current trajectory
over the medium term to implement the Defence Strategic Review, including the delivery
of the conventionally-armed, nuclear-powered submarine program through AUKUS.
In the 2023-24 Budget, the Australian Government will invest $19 billion dollars over the
Forward Estimates to give effect to key priorities areas for immediate action highlighted
in response to the Defence Strategic Review.
Workforce
Table 4 details the size of the Defence APS workforce in 2018-19 to 2023-24 financial
years.
Prepared By:
Cleared By:
Name: Michael Cosgrove
Name: Steven Groves
Position: Assistant Secretary Budget & Reporting
Position: Chief Finance Officer
Division: Budget and Financial Services
Group: Defence Finance Group
Phone: s22
Phone: s22
Page
3 of
5
Budget Estimates: May 2023
PDR No: SB23-000440
Last updated: 10 May 2023
Key Facts and Figures
FOI 789/22/23
Key witness: Steven Groves
Document 57
Table 4: Defence APS Workforce Achievement (as at 1 April 2023):
Average Staffing
Average Staffing
Level (ASL)
Level (ASL)
Variation
Allocation
from Allocation
Achievement
2023-24
17,713
2022-231
16,991
16,307
(684)
2021-22
16,595
15,821
(774)
2020-21
16,313
16,454
141
2019-20
16,271
16,129
(142)
2018-19
16,373
15,925
(448)
Note 1:
Year to Date Average Staffing Level as at 1 April 2023.
Defence Estate
The Defence Estate is the largest land holding of the Commonwealth Government with
around 1,349 owned or leased buildings domestically and internationally.
Defence future investment into the Enterprise Estate and Infrastructure Program is
approximately $43.3 billion from 2023-24 to 2032-33 financial years.
Supporting Information
Questions on Notice
No QoNs asked.
Freedom of Information (FOI) Requests
None.
Recent Ministerial Comments
No recent comments.
Relevant Media Reporting
None identified.
Prepared By:
Cleared By:
Name: Michael Cosgrove
Name: Steven Groves
Position: Assistant Secretary Budget & Reporting
Position: Chief Finance Officer
Division: Budget and Financial Services
Group: Defence Finance Group
Phone: s22
Phone: s22
Page
4 of
5
Budget Estimates: May 2023
PDR No: SB23-000440
Last updated: 10 May 2023
Key Facts and Figures
FOI 789/22/23
Key witness: Steven Groves
Document 57
Division:
Budgets & Financial Services
PDR No:
SB23-000440
Prepared by:
Cleared by Division Head:
Michael Cosgrove, Assistant Secretary
Sam Volker, First Assistant Secretary
Budgeting and Reporting Branch
Budgets and Financial Services
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 03 April 2023
Date: 06 April 2023
Consultation: NA
Cleared by Deputy Secretary (or equivalent Band 3/3*):
Date: 10 May 2023
Steven Groves, Chief Finance Officer
Prepared By:
Cleared By:
Name: Michael Cosgrove
Name: Steven Groves
Position: Assistant Secretary Budget & Reporting
Position: Chief Finance Officer
Division: Budget and Financial Services
Group: Defence Finance Group
Phone: s22
Phone: s22
Page
5 of
5
Budget Estimates: May 2023
PDR No: SB23-000642
Last updated: 12 May 2023
Sudan
FOI 789/22/23
Key witnesses: General Angus Campbell; Air Vice-Marshal Stephen Chappell
Document 58
Summary of Defence support
On 30 April 2023, the Australian Government deployed two Royal Australian Air Force
C-130J Hercules transport aircraft to the region as a contingency, should additional air
capacity be required to evacuate Australians and other nationals from Sudan.
On 02 May 2023, Defence established Operation CARNELIAN in support of the
Department of Foreign Affairs and Trade–led, whole-of-government response to the
crisis in Sudan.
On 02 and 04 May 2023, two Royal Australian Air Force C-130J Hercules contributed to
the international evacuation efforts by safely evacuating 153 people. This comprised
57 Australians and their family members, and 96 evacuees from other nations.
On Saturday 06 May, Defence completed its commitment to the Department of Foreign
Affairs and Trade-led crisis response with no further Royal Australian Air Force flights
planned.
As of 10 May 2023:
All ADF personnel have returned to Australia. Our flights were an important
contribution to the international effort to help civilians flee the violence.
At least 257 Australians and their families have safely left Sudan by road, air and
sea.
At least 163 Australians and their family members are registered with the
Department of Foreign Affairs and Trade for consular assistance.
Given the deteriorating security environment in Sudan, and the intensive evacuation
efforts, partner countries have wound down evacuation operations and their presence
in Sudan.
The Department of Foreign Affairs and Trade will continue to communicate directly
with those who remain in Sudan and, where possible, assist with their departure if the
conflict continues.
What is the breakdown of the number of people on the two flights?
On 02 May 2023, in coordination with partners, the Royal Australian Air Force flight
uplifted 67 Australians and foreign nationals from Port Sudan to Cyprus, including:
35 Australians and their family members, and
32 foreign nationals.
On 04 May 2023, in coordination with partners, the Royal Australian Air Force flight
uplifted 86 Australians and foreign nationals from Port Sudan to Cyprus, including:
22 Australians and their family members, and
64 foreign nationals.
Prepared By:
Cleared By:
Name: Air Vice-Marshal Stephen Chappell
Name: Vice Admiral David Johnston, RAN
Position: Head Military Strategic Commitments
Position: Vice Chief of the Defence Force
Branch/Division: Military Strategic Commitments Division
Group: Vice Chief of the Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
2 of
5
Budget Estimates: May 2023
PDR No: SB23-000642
Last updated: 12 May 2023
Sudan
FOI 789/22/23
Key witnesses: General Angus Campbell; Air Vice-Marshal Stephen Chappell
Document 58
How many ADF personnel were deployed on Operation CARNELIAN?
Approximately 70 ADF personnel were deployed to support Operation CARNELIAN.
Was the Royal Australian Air Force flight too little too late?
The focus of the Australian Government response was on the safety of our people and
the safe departure of Australians and their families by air, land and sea through
collaboration with international partners.
Defence worked closely with the Department of Foreign Affairs and Trade to ensure
ADF support was available should circumstance require it.
Following a Department of Foreign Affairs and Trade request for additional lift support,
ADF aircraft assisted the departure of Australians and others wishing to depart Sudan.
Collaboration with partners and our efforts ensured the safe departure of 153 people,
including 57 Australians and their family members and 96 foreign nationals from other
nations by air.
The Royal Australian Air Force flights were an important contribution to the
international effort to help civilians flee the violence.
Background
On 15 April 2023, fierce fighting broke out between the Sudanese Armed Forces and
the Rapid Support Forces, a paramilitary group which, until then, had been nominally
operated by the Sudanese Government.
The security situation rapidly deteriorated, isolating many foreign nationals and leaving
them vulnerable to acts of violence.
The Department of Foreign Affairs and Trade led the Australian Government response.
It focused on the immediate safety of Australians in Sudan and the evacuation of those
wishing to leave.
In collaboration with international partners, the Department of Foreign Affairs and
Trade worked to provide the safe departure of Australians and their families by air, land
and sea.
During this time, Defence worked closely with the Department of Foreign Affairs and
Trade to ensure ADF support was available should it be required.
Supporting Information
Questions on Notice
No QoNs asked.
Prepared By:
Cleared By:
Name: Air Vice-Marshal Stephen Chappell
Name: Vice Admiral David Johnston, RAN
Position: Head Military Strategic Commitments
Position: Vice Chief of the Defence Force
Branch/Division: Military Strategic Commitments Division
Group: Vice Chief of the Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
3 of
5
Budget Estimates: May 2023
PDR No: SB23-000642
Last updated: 12 May 2023
Sudan
FOI 789/22/23
Key witnesses: General Angus Campbell; Air Vice-Marshal Stephen Chappell
Document 58
Freedom of Information (FOI) Requests
None.
Recent Ministerial Comments
On 06 May 2023, the
Minister for Foreign Affairs, Minister for International
Development and the Pacific and the
Assistant Minister for Foreign Affairs detailed a
$6 million humanitarian assistance package in response to the conflict in Sudan.
On 03 May 2023, the
Minister for Foreign Affairs confirmed on ABC AM the departure
of Australians from Sudan via a RAAF C-130J Hercules.
On 03 May 2023, The
Deputy Prime Minister and the
Minister for Foreign Affairs both
publically commented on the evacuation of Australians and other nationals from Sudan
via a RAAF aircraft.
Relevant Media Reporting
On 05 May 2023, the
ABC reported more than 230 Australians evacuated so far from
Sudan.
On 04 May 2023,
Mirage News reported ADF helps foreigners flee Sudan with the ADF
evacuating 67 Australian and foreign nationals from war-torn Sudan under
Operation Carnelian.
On 03 May 2023, numerous outlets including
Seven, Nine, Ten, ABC and
SBS
reported Australians evacuated to Cyprus from Sudan
On 03 May 2023,
News Limited reported Dozens of Australians evacuated out of
Sudan, but more remain as violence rages with Australians being evacuated out of
“dangerous” Sudan overnight, as heavy fighting rages for the third week.
On 02 May 2023, the
Epoch Times reported around 36 Australians Evacuated amid
Sudan Civil Strife as a Royal Australian Air Force aircraft rescues stranded Australians
amid the fighting in Sudan.
Prepared By:
Cleared By:
Name: Air Vice-Marshal Stephen Chappell
Name: Vice Admiral David Johnston, RAN
Position: Head Military Strategic Commitments
Position: Vice Chief of the Defence Force
Branch/Division: Military Strategic Commitments Division
Group: Vice Chief of the Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d)
/ s22
Page
4 of
5
Budget Estimates: May 2023
PDR No: SB23-000642
Last updated: 12 May 2023
Sudan
FOI 789/22/23
Key witnesses: General Angus Campbell; Air Vice-Marshal Stephen Chappell
Document 58
Division:
Military Strategic Commitments
PDR No:
SB23-000642
Prepared by:
Cleared by Group/Service Head:
Air Vice-Marshal Stephen Chappell,
Vice Admiral David Johnston, RAN
Head Military Strategic Commitments
Vice Chief of the Defence Force
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 11 May 2023
Date: 12 May 2023
Consultation: Director General Operations,
Date: 11 May 2023
Headquarters Joint Operations Command
Mob: s47E(d)
Name: Commodore James Lybrand, RAN
Cleared by CFO / DPG / DSR: N/A
Cleared by Deputy Secretary (or equivalent
Date: 12 May 2023
Band 3/3*):
Vice Admiral David Johnston, RAN
Vice Chief of the Defence Force
Prepared By:
Cleared By:
Name: Air Vice-Marshal Stephen Chappell
Name: Vice Admiral David Johnston, RAN
Position: Head Military Strategic Commitments
Position: Vice Chief of the Defence Force
Branch/Division: Military Strategic Commitments Division
Group: Vice Chief of the Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
5 of
5
Budget Estimates: May 2023
PDR No: SB23-000441
Last updated: 25 May 23
Current ADF Operations
FOI 789/22/23
Key witnesses: Vice Admiral David Johnston; Air Vice-Marshal Stephen Chappell
Document 59
Due to the current security climate in Mali, ADF personnel have been temporarily removed
•
pending a review of the mission arrangements.
•
Australia will consider the future of our contribution to the Multidimensional Integrated
Stabilization Mission in Mali in 2023.
Op VANUATU ASSIST 23
Operation VANUATU ASSIST 23 was the ADF contribution to the Department of Foreign
•
Affairs and Trade-led whole-of-government response in support of Vanuatu in the wake
of Tropical Cyclones Judy and Kevin, which passed over the country on 1 and 3 March
2023 respectively.
Operation VANUATU ASSIST 23 was established on 5 March 2023 and ceased on
18 April 23.
Defence support included transport and distribution of humanitarian assistance,
clean up and remediation of local infrastructure, aerial damage assessments and
hydrographic surveys.
At peak, support comprised more than 600 personnel, HMAS
Canberra (including
helicopters, engineering personnel, landing craft and amphibious vehicles) and
fixed wing transport assistance.
Progress in recovery efforts enabled the return of HMAS
Canberra on 27 March 2023,
with an approximate 60 person engineering contingent providing additional support
until 05 April.
Operation RESOLUTE
Operation RESOLUTE is the ADF contribution to the whole-of-government effort to
•
protect Australia’s borders and offshore maritime interests.
This includes illegal maritime arrivals, prohibited imports and exports, maritime
•
terrorism, illegal exploitation of natural resources, compromises to biosecurity, illegal
activities in protected areas, marine pollution and piracy, robbery and violence at sea.
Defence provides personnel (currently approximately 550 personnel) maritime assets,
•
patrol aircraft and other capabilities in support of Operation RESOLUTE.
These assets are assigned to the Commander Maritime Border Command (MBC), a
Royal Australian Navy Rear Admiral, who is also a sworn officer in the
Australian Border Force.
The Operation RESOLUTE area of operations covers approximately 10 per cent of the
•
world's surface.
Prepared By:
Cleared By:
Name: Air Vice-Marshal Stephen Chappell
Name: Vice Admiral David Johnston
Position: Head Military Strategic Commitments
Position: Vice Chief of the Defence Force
Branch/Division: VCDF
Group: Vice Chief of the Defence Force Executive
Phone: s47E(d)
/ s22
Phone: s47E(d) / s22
Page
2 of
9
Budget Estimates: May 2023
PDR No: SB23-000441
Last updated: 25 May 23
Current ADF Operations
FOI 789/22/23
Key witnesses: Vice Admiral David Johnston; Air Vice-Marshal Stephen Chappell
Document 59
Operation Name Overview
Personnel
Expenditure ii
deployed i
(AUD) March
2022-23
stability in South-East Asia
s33(a)(ii)
KUDU
Training Ukrainian soldiers in the UK
1,700,000
LILIA
Solomon Islands – security support
9,400,000
LINESMEN
Inter-Korean peace process
600,000
MANITOU
Maritime security – Middle East,
1,000,000
West Indian Ocean
MAZURKA
Peacekeeping, Sinai, Egypt
1,700,000
OKRA
Defeat Daesh in Iraq and Syria
5,600,000
ORENDA
United Nations Peacekeeping, Mali
Nil to date
PALADIN
United Nations Peacekeeping, Israel,
800,000
Lebanon, Syria
RENDER SAFE
Pacific, removal of explosive
500,000
remnants of war
RESOLUTE
Border protection and maritime
80,900,000
interests
SOLANIA
Pacific, maritime surveillance
1,900,000
SOUTHERN
Australian Antarctic Program
200,000
DISCOVERY
STEADFAST
Iraq, NATO capacity building
200,000
VANUATU
Response to TC JUDY and KEVIN in
3,400,000
ASSIST 23
Vanuatu
Total
186,100,000
Notes
i.
Personnel numbers accurate as at 22 May 2023. Numbers may however vary due to operational
requirements.
ii.
Expenditure accurate 31 March 2023.
Prepared By:
Cleared By:
Name: Air Vice-Marshal Stephen Chappell
Name: Vice Admiral David Johnston
Position: Head Military Strategic Commitments
Position: Vice Chief of the Defence Force
Branch/Division: VCDF
Group: Vice Chief of the Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
4 of
9
Budget Estimates: May 2023
PDR No: SB23-000441
Last updated: 25 May 23
Current ADF Operations
FOI 789/22/23
Key witnesses: Vice Admiral David Johnston; Air Vice-Marshal Stephen Chappell
Document 59
iii. Member assigned to ORENDA has been temporarily withdrawn from theatre due to security
concerns.
iv. Members on Operation STEADFAST are dual force assigned to Operation OKRA.
Supporting Information
Questions on Notice
No QoNs asked.
Freedom of Information (FOI) Requests
On 20 June 2022, a media organisation asked for information regarding ‘…a copy of any
document or directive which covers the rules governing ADF personnel involved in
unmanned aerial system units in the UK and US, including but not limited to rules of
engagement and geographical limits.’
The decision to not release documents was made
on 14 July 2022.
On 9 March 2022, a media organisation asked for information regarding ‘…any reports,
briefs, emails, or cables detailing the latest figure of ADF personnel embedded into
allied United States and United Kingdom unmanned aerial system units.’
A single table
listing numbers of ADF personnel deployed was released on 4 April 2022.
Recent Ministerial Comments
Operation CARNELIAN:
On 6 May 2023, the Minister for Foreign Affairs and Trade put out a joint media release
with the Minister for International Development and the Pacific and the Assistant
Minister for Foreign Affairs detailing a $6 million humanitarian assistance package in
response to the conflict in Sudan.
Minister for Foreign Affairs and Trade confirmed on ABC AM on Wednesday 3 May the
departure of Australians via a RAAF C-130J Hercules.
The Deputy Prime Minister and the Minister for Foreign Affairs both publically commented
on the evacuation of Australians and other nationals from Sudan via a RAAF aircraft.
Operation FLOOD ASSIST 22-2:
On 17 November 2022, in an article
with News.com.au Minister Murray Watt said the
Government is working on a dedicated disaster workforce to assist during natural
disasters and clean up, given the temporary pressure placed on the Defence Force.
On 24 October 2022, in a
radio interview with ABC Gold Coast Minister Watt outlined
his ongoing discussions with the Deputy Prime Minister Marles regarding the use of the
ADF to respond to natural disasters. Minister Watt identified
Defence Relief Australia
as one of the organisations under consideration to play a greater role.
Prepared By:
Cleared By:
Name: Air Vice-Marshal Stephen Chappell
Name: Vice Admiral David Johnston
Position: Head Military Strategic Commitments
Position: Vice Chief of the Defence Force
Branch/Division: VCDF
Group: Vice Chief of the Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
5 of
9
Budget Estimates: May 2023
PDR No: SB23-000441
Last updated: 25 May 23
Current ADF Operations
FOI 789/22/23
Key witnesses: Vice Admiral David Johnston; Air Vice-Marshal Stephen Chappell
Document 59
tackle climate crisis. Journalist Joseph Moore reports details of a submission to the
Senate Select Committee for Disaster Resilience mentioning the need to rely on ADF
support unless alternate State-based solutions are found.
On 16 March 2023, the Kimberley Echo published an article titled
Highway re-opening
heralds fresh food returning to supermarkets. Journalist Sarah Crawford reports fresh
food should be back in regular supply at East Kimberley supermarkets after the Victoria
Highway reopened following almost a week when the region was unreachable by
sealed road. The Department of Fire and Emergency Services organised the ADF to fly
in 40 tonnes of groceries over two flights.
On 14 March 2023, the Australian Associated Press published an article titled
ADF
disaster response may be impacting recruitment. Journalist Andrew brown covers Air
Vice Marshall Stephen Chappell’s responses to the Senate Select Committee on
Australia's Disaster Resilience and the impact the ADF response to disasters is having
on recruitment and primary duties of the ADF.
On 08 March 2023, the Narrogin Observer published an article titled
Kimberley floods:
Fresh food to be flown and barged into cut off Kununurra, east communities.
Journalists Sarah Crawford and Josh Zimmerman reported fresh food was to be flown
and barged into cut off Kununurra, east communities. The ADF would begin flying food
into Kununurra to fill supermarket shelves left empty after the town was cut off by
flooding.
On 07 March 2023, the Kyabrim Free Press published an article titled
Nation's
waterlogged north faces renewed flood threat. AAP Newswire reported on the ADF
helping to deliver essential supplies to people in Kununurra, who were isolated because
of heavy flooding.
On 05 March 2023, the Katherine Times
published an article titled
Defence wraps up
Kalk evac support, Vic River floods. Journalist Annie Hesse covers the conclusion of
Defence support to evacuation of the Katherine region.
On 03 March 2023, the NT News published an article titled
hercules to the rescue. The
article covered the ADF deployed Hercules C-130 aircraft in Kalkarindji, 770km
southwest of Darwin following severe flooding.
On 02 March 2023, the New Daily published an article titled
Remote NT communities
isolated by tropical low. The article reported the army deploying to help with urgent
evacuations as heavy rain continued to batter the Northern Territory and people’s
homes became “uninhabitable”.
On 13 February 2023, Sky News and a number of other outlets reported on Opposition
Leader Peter Dutton’s tribute to the ADF for their support to Operation FLOOD ASSIST
23-1.
Operation GATEWAY:
On 16 March 2023, the American Military News published an article titled
Australian
military pilots offered counselling after Chinese jet encounters. Journalist Chris Kirkman
Prepared By:
Cleared By:
Name: Air Vice-Marshal Stephen Chappell
Name: Vice Admiral David Johnston
Position: Head Military Strategic Commitments
Position: Vice Chief of the Defence Force
Branch/Division: VCDF
Group: Vice Chief of the Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Last updated: 25 May 23
Current ADF Operations
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Key witnesses: Vice Admiral David Johnston; Air Vice-Marshal Stephen Chappell
Document 59
reports on the support provided to Australian pilots after they encounter Chinese
military jets.
Operation KUDU (Ukraine Support):
On 27 March 2023, the National Tribune published an article titled
Weather tests
troops on Operation Kudu. The article reports on the weather conditions being
experienced by Australian soldiers training recruits from the Armed Forces of Ukraine.
On 19 March 2023, MenaFN published an article titled
Soldiers Of Armed Forces Of
Ukraine Undergo Live-Fire Training In UK. The article highlights the training of Ukrainian
soldiers by ADF instructors.
Operation RESOLUTE:
On 16 February 2023, The Australian published an article titled
SOS to navy: get ready
for boats surge. Journalists Simon Benson and Joe Kelly cover comments made by Vice
Admiral David Johnston at Senate Estimates regarding a formal request from the
commander of Operation Sovereign Borders for extra defence assets to patrol
Australia's northern maritime approaches
Operation SOLANIA:
On 28 January 2023, Mirage news published an article titled
Pacific Islands Combat
Illegal Fishing, Heighten Maritime Awareness. The article covers a workshop attended
by officials and experts from the Pacific Islands Forum Secretariat; the Pacific Islands
Forum Fisheries Agency; the Pacific Fusion Centre; along with Pacific Island
representatives; PBP partners Australia, Canada, Germany, Japan, Republic of Korea,
New Zealand, the United Kingdom, and the United States; and PBP observers including
the European Union, France, and India.
Operation VANUATU ASSIST:
On 27 March 2023, the Mercury and multiple News Corp outlets published an article
titled
Lieutenant Donna Miller follows in her family footsteps as sea warrior, nurse.
Journalist Esha Malghan highlights Lieutenant Miller’s career and family ties to the sea.
On 24 March 2023, the National Tribune published an article titled
Army engineers give
remote island a lift. The article covers 6th Engineer Support Regiment’s work to restore
key buildings on Futuna after Tropical Cyclones Judy and Kevin.
On 18 March 2023, The Fiji Times published an article titled
Regional Focus: Judy, Kevin
wreak havoc. Journalist Tess Newton covers the damage to Vanuatu after Tropical
Cyclones Judy and Kevin and how the ADF are supporting the clean-up efforts.
On 15 March 2023, the Vanuatu Daily post published an article titled
Vila East School to
resume next week as renovation continues. Journalist Doddy Morris reports how ADF
support after Tropical Cyclones Judy and Kevin have allowed Vila East School to reopen.
Prepared By:
Cleared By:
Name: Air Vice-Marshal Stephen Chappell
Name: Vice Admiral David Johnston
Position: Head Military Strategic Commitments
Position: Vice Chief of the Defence Force
Branch/Division: VCDF
Group: Vice Chief of the Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Last updated: 25 May 23
Current ADF Operations
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Key witnesses: Vice Admiral David Johnston; Air Vice-Marshal Stephen Chappell
Document 59
On 10 March 2023, the Pacific Island News Association published an article titled
Further
Australian $4.35 million support for Vanuatu’s cyclone response. Journalist Pita Ligaiula
covers Australia’s support to Vanuatu after Tropical Cyclones Judy and Keven.
Division:
Vice Chief of the Defence Force Executive
PDR No:
SB23-000441
Prepared by:
Cleared by Group / Service Head:
Air Vice Marshal Stephen Chappell
Vice Admiral David Johnston, RAN
Head Military Strategic Commitments
Vice Chief of Defence Force
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 26 May 2023
Date: 26 May 2023
Consultation: HQJOC (DGSPT) – BRIG Watts
Date: 03 April 2023
Ph: s47E(d)
Cleared by CFO / DPG / DSR: NA
Cleared by Band 3/3*:
Date: 26 May 2023
Vice Admiral David Johnston, RAN
Vice Chief of Defence Force
Prepared By:
Cleared By:
Name: Air Vice-Marshal Stephen Chappell
Name: Vice Admiral David Johnston
Position: Head Military Strategic Commitments
Position: Vice Chief of the Defence Force
Branch/Division: VCDF
Group: Vice Chief of the Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Last updated: 4 April 2023
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FOI 789/22/23
Key witnesses: Vice Admiral David Johnston; Air Vice-Marshal Stephen Chappell
Document 60
Talking Points
Defence Assistance to the Civil Community arrangements
State and territory governments have primary responsibility for the protection of life,
property and the environment, and for coordinating and planning emergency
responses or recovery actions in disaster-affected areas.
During a natural disaster, states or territories can request Commonwealth assistance,
including that of the ADF, through the National Emergency Management Agency.
These requests are made when the emergency response authority has exhausted their
capacity to respond, cannot respond in sufficient time, or they require a specialist
response that only the ADF can provide.
Impact on preparedness due to domestic operations
While the ADF is proactively postured to support the response to emergency domestic
crises, the unprecedented scale, duration and frequency of support is unsustainable
without accepting significant impact to ADF preparedness for its primary role.
Further detail on preparedness impact can be found in SB23-000443 – Operational
Preparedness.
Defence has made submissions to the Senate Select Committee’s inquiry into
Australia’s Disaster Resilience and the Joint Standing Committee on Foreign Affairs,
Defence and Trade’s inquiry into the Defence Annual Report and support to national
crisis. Both of these submissions discuss the impact Defence Assistance to the Civil
Community has on ADF preparedness. Defence awaits the outcomes of these inquiries
in the second half of 2023.
Preparations for High Risk Weather Season (October to April)
Defence prepares and postures to be ready to respond to emergency requests from
Commonwealth, state and territory governments ahead of the High Risk Weather
Season (October to April). Defence’s preparation for the 2022/23 High Risk Weather
Season included:
Validating the readiness of disaster relief equipment and supplies held by
Defence and the Department of Foreign Affairs and Trade.
Revising and refining domestic and regional response plans.
Providing ADF support for National Emergency Management Agency’s annual
preparedness briefings to:
All relevant emergency authorities in all States and Territories between
24 August and 30 September 2022.
Commonwealth Departments in Canberra on 5 October 2022.
Prepared By:
Cleared By:
Name: Commodore Don Dezentje
Name: Vice Admiral David Johnston
Position: Acting Head Military Strategic Commitments
Position: Vice Chief of the Defence Force
Branch/Division: Military Strategic Commitments
Group: Vice Chief of the Defence Force Executive
Phone: s47E(d)
s22
Phone: s47E(d) / s22
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Key witnesses: Vice Admiral David Johnston; Air Vice-Marshal Stephen Chappell
Document 60
Commonwealth Ministerial level High Risk Weather Season Table Top
Activity on 11 October 2022.
Defence maintains an extensive liaison network across Australia, engaging with all
levels of government (local, state and federal) to facilitate and coordinate requests for
ADF support.
Short notice, specialist capabilities are maintained, which may be used, under
Commonwealth direction, to assist the civilian community and civilian authorities.
This includes an Emergency Support Force established in each state and the
Northern Territory comprising approximately 130 ADF members who can provide
command and control, engineering, transport and logistics functions.
Key Current Defence Assistance to the Civil Community Support Provided In 2023
Resupply of essential goods to Kununurra via air
On 07 March 2023, the Western Australian Department of Fire and Emergency Services
requested Defence assistance through the National Emergency Management Agency to
resupply essential goods to the area of Kununurra which had been cut off by
floodwaters.
Defence provided three flights into Kununurra with a C-130J aircraft - one flight on 9
March 2023 and two flights on 10 March 2023.
Northern Territory evacuation support
On 01 March 2023, the Northern Territory Emergency Services requested
Commonwealth assistance through the National Emergency Management Agency
to
evacuate personnel from the Kalkarindji area due to flooding of the Victoria River.
Over 400 people were evacuated by two C-130J and one C-27 aircraft. The evacuation
was complete by the evening of 03 March 2023.
Search for missing capsule of Caesium in Western Australia
Defence provided assistance to the Western Australian Department of Fire and
Emergency Services efforts to search and locate a missing capsule of radioactive
material Caesium-137 from 30 January 2023.
Personnel from the Australian Radiation Protection and Nuclear Safety Agency
successfully located the capsule on 01 February 2023.
Questions related to the management, transport, loss and search for the radioactive
material should be directed to the Western Australian Government.
Operation Flood Assist 23-1
Defence established Operation FLOOD ASSIST 23-1 on 06 January 2023 as part of the
Commonwealth’s whole-of-government response to flooding in the Kimberley region of
Western Australia.
Prepared By:
Cleared By:
Name: Commodore Don Dezentje
Name: Vice Admiral David Johnston
Position: Acting Head Military Strategic Commitments
Position: Vice Chief of the Defence Force
Branch/Division: Military Strategic Commitments
Group: Vice Chief of the Defence Force Executive
Phone: s47E(d)
/ s22
Phone: s47E(d) / s22
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Document 60
On 09 August 2022,
the Minister for Agriculture, Fisheries and Forestry said in an
address to the National Press Club,
“we think that there will always be a role for the
Defence Force, but we do have concerns about how far they are being stretched. And,
you know, their core job is the defence of the nation, and we do need to make sure that
we’re not stretching them so far that that can’t remain their core focus.”
On 03 August 2022,
Prime Minister Albanese and Deputy Prime Minister Marles
announced the Defence Strategic Review, which will examine force structure, force
posture and preparedness, and investment prioritisation, to ensure Defence has the
right capabilities to meet our growing strategic needs.
Relevant Media Reporting
On 29 March 2023, the Courier mail published an article titled
CFS calls for funding to
tackle climate crisis. Journalist Joseph Moore reports details of a submission to the
Senate Select Committee for Disaster Resilience mentioning the need to rely on ADF
support unless alternate State-based solutions are found.
On 23 March 2023, the Daily Telegraph published an article titled
Robbie Katter calls
for state government to request ADF assistance to flooded Qld towns. Journalist Isaac
McCarthy covers calls Robbie Katter made for the state government to formally
request ADF assistance, as Queensland Police release video of flood-ravaged areas in
the state’s west.
On 16 March 2023, the Kimberley Echo published an article titled
Highway re-opening
heralds fresh food returning to supermarkets. Journalist Sarah Crawford reports fresh
food should be back in regular supply at East Kimberley supermarkets after the Victoria
Highway reopened following almost a week when the region was unreachable by
sealed road. The Department of Fire and Emergency Services organised the ADF to fly
in 40 tonnes of groceries over two flights.
On 14 March 2023, the Australian Associated Press published an article titled
ADF
disaster response may be impacting recruitment. Journalist Andrew brown covers Air
Vice Marshall Stephen Chappell’s responses to the Senate Select Committee on
Australia's Disaster Resilience and the impact the ADF response to disasters is having
on recruitment and primary duties of the ADF.
On 08 March 2023, the Narrogin Observer published an article titled
Kimberley floods:
Fresh food to be flown and barged into cut off Kununurra, east communities.
Journalists Sarah Crawford and Josh Zimmerman reported fresh food was to be flown
and barged into cut off Kununurra, east communities. The ADF would begin flying food
into Kununurra to fill supermarket shelves left empty after the town was cut off by
flooding.
On 07 March 2023, the Kyabrim Free Press published an article titled
Nation's
waterlogged north faces renewed flood threat. AAP Newswire reported on the ADF
helping to deliver essential supplies to people in Kununurra, who were isolated because
of heavy flooding.
Prepared By:
Cleared By:
Name: Commodore Don Dezentje
Name: Vice Admiral David Johnston
Position: Acting Head Military Strategic Commitments
Position: Vice Chief of the Defence Force
Branch/Division: Military Strategic Commitments
Group: Vice Chief of the Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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PDR No: SB23-000442
Last updated: 4 April 2023
Defence Assistance to the Civil Community
FOI 789/22/23
Key witnesses: Vice Admiral David Johnston; Air Vice-Marshal Stephen Chappell
Document 60
On 05 March 2023, the Katherine Times
published an article titled
Defence wraps up
Kalk evac support, Vic River floods. Journalist Annie Hesse covers the conclusion of
Defence support to evacuation of the Katherine region.
On 03 March 2023, the NT News published an article titled
hercules to the rescue. The
article covered the ADF deployed Hercules C-130 aircraft in Kalkarindji, 770km
southwest of Darwin following severe flooding.
On 02 March 2023, the New Daily published an article titled
Remote NT communities
isolated by tropical low. The article reported the army deploying to help with urgent
evacuations as heavy rain continued to batter the Northern Territory and people’s
homes became “uninhabitable”.
On 13 February 2023, Sky News and a number of other outlets reported on Opposition
Leader Peter Dutton’s tribute to the ADF for their support to Operation FLOOD ASSIST
23-1.
Division:
Vice Chief of the Defence Force Executive
PDR No:
SB23-000442
Prepared by:
Cleared by Group / Service Head:
Commodore Don Dezentje
Vice Admiral David Johnston
Acting Head Military Strategic Commitments Vice Chief of the Defence Force
Mob:
s22
s47E(d)
s22
Ph: s47E(d)
Mob:
Ph:
Date: 4 April 2023
Date: 6 April 2023
Consultation: Joint Operations Command
Date: 3 April 2023
Group Captain Jason Pont, Acting Director
Mob: s22
Ph: s47E(d)
General Operations and Plans
Cleared by Deputy Secretary (or equivalent Band Date: 5 April 2023
3/3*):
Vice Admiral David Johnston, Vice Chief of the
Defence Force
Prepared By:
Cleared By:
Name: Commodore Don Dezentje
Name: Vice Admiral David Johnston
Position: Acting Head Military Strategic Commitments
Position: Vice Chief of the Defence Force
Branch/Division: Military Strategic Commitments
Group: Vice Chief of the Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Last updated: 4 April 2023
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Key witnesses: Vice Admiral David Johnston; Air Vice-Marshal Stephen Chappell
Document 60
Questions on notice referred to within the brief:
Senate Select Committee on Australia’s Disaster Resilience 14 March 2023
Costs of Deployment of the ADF to Domestic Disasters
Senator Perin Davey
Written Question
Have you got any statistics on costs of deployment? When you're called out to a domestic
disaster, what does that cost the Defence Force? Do you have those sorts of statistics?
Answer
Yet to be tabled
Senate Select Committee on Australia’s Disaster Resilience 14 March 2023
International Examples of non-defence mobilisation
Senator Karen Grogan and Senator Jacqui Lambie
Spoken Question
Senator GROGAN: Are there any examples that you would be aware of overseas of mobilising
non-defence personnel in the face of disasters?
Air Vice-Marshal Chappell: I'm aware of a number of international models that Home Affairs
and NEMA are looking at and have looked at to inform their considerations and inform the
thinking across governments at all levels of Australia. I'm aware of US models, Danish models
and German models. I'm sure there are others as well. Again, Defence will provide a view and
a position to Home Affairs and NEMA and the other stakeholders on how that might best fit
for the Australian context, noting that we will support Commonwealth state and territory
levels through that Australian government crisis management framework.
CHAIR: What is the timeline that you expect for them? When do you think Home Affairs or
whoever is doing that model will arrive at that judgement? There are plenty of other
countries around the world doing this. I just don't think we have a lot of time. Is there any
idea on some sort of timeline for Defence, where they say, 'I think this the better model here,
and this is what you should do'? Where are you guys up to with your opinion on that side to
provide that?
Air Vice-Marshal Chappell: Again, we contribute to the Home Affairs and NEMA discussions.
I'll need to take that question on notice, but I would probably refer in the main to Home
Affairs and NEMA on the timelines, noting that each nation, its structure and its domestic,
environmental and geographic context means that each model, I'm sure, will require specific
fit-for-purpose, fit-for-nation models and dynamics. I would refer to Home Affairs, and I will
take on notice whether we do have a view of the timeline there.
Answer
Yet to be tabled
Prepared By:
Cleared By:
Name: Commodore Don Dezentje
Name: Vice Admiral David Johnston
Position: Acting Head Military Strategic Commitments
Position: Vice Chief of the Defence Force
Branch/Division: Military Strategic Commitments
Group: Vice Chief of the Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Last updated: 26 April 2023
Operational Preparedness
FOI 789/22/23
Key witness: Vice Admiral David Johnston
Document 61
impact of more frequent and more intense natural disasters on the ongoing
capacity and capability of the ADF; and
impact on the ADF in responding to domestic natural disasters.
Defence understands this report is due to be tabled in September 2023.
A submission touching on similar themes was made to the Joint Standing Committee on
Foreign Affairs, Defence and Trade’s inquiry into the Defence Annual Report and
support to national crisis.
Increased frequency and duration of ADF commitment to domestic disaster relief is a
significant contributor to increased operational tempo and concurrency. Depending on
the scope, scale and duration of these operations, this may impact Defence’s capacity
to respond to emerging requirements within its primary role.
The preparedness management system enables Defence to actively manage these risks
and communicate them to Government to inform prioritisation.
Through preparedness direction and assurance reporting the Chief of the Defence
Force ensures the sustainable capacity of Defence to apply capabilities to accomplish
Government-directed tasks.
Defence provides a classified biannual report to the Deputy Prime Minister on
concurrency and preparedness. This report highlights the deficiencies and risks to
Defence’s ability to respond to Government demands.
The
National Defence Defence Strategic Review response makes a number of
recommendations concerning the use of the ADF in Domestic Operations. Defence is
working through these recommendations.
The development of a Defence Strategic Mobilisation Plan will identify options to
strengthen Defence’s ability to respond to a range of contingencies. These include
large-scale domestic natural disasters and national emergencies.
How does Defence manage operational tempo and concurrency?
Defence reviews preparedness settings biannually to identify risks and manage
resources.
Where appropriate, Defence manages concurrency pressures by:
outsourcing work
(such as contracting commercial airlift);
cancelling or modifying training
events;
limiting activity/deployments
of ADF platforms and personnel; and
implementing leave management plans.
Defence has also increased workforce flexibility options to relieve concurrency
pressures for ADF personnel, for example:
Prepared By:
Cleared By:
Name: Major General Anthony Rawlins
Name: Vice Admiral David Johnston
Position: Head of Force Design
Position: Vice Chief of the Defence Force
Division: Force Design Division
Group/Service: Vice Chief of Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Key witness: Vice Admiral David Johnston
Document 61
increased remote training options
to allow personnel to remain in their posted
location; and
increased use of the reserve workforce
to augment the permanent force.
What are the impacts of concurrency pressures?
Increased levels of concurrency pressures on certain elements of Defence can lead to
the following:
platform degradation due to high utilisation rates of Defence assets;
elevated separation rates from service;
systemic fatigue due to limited respite opportunities;
reduced individual training opportunities for personnel impacting career
progression;
reduced collective training opportunities
impacting unit preparedness; and
reduced scale of response from Defence.
How does Defence assess operational preparedness?
Defence assesses operational tempo against Defence preparedness through a range of
objective assessments, against performance targets and a variety of subjective means.
These include:
formal deficiency and risk reports against Defence capability;
workforce surveys;
command chain reporting; and
workforce health indicators (such as leave balances, retention and recruiting).
Operational tempo differs across the Defence workforce. An example of a critical
capability that displayed operational tempo stress is our medical capabilities (who
worked to deliver the Commonwealth Government’s COVID-19 response when health
reserves were already committed in civilian roles).
Is heightened operational tempo impacting members and their families?
People are the key to Defence capability. High operational tempo is causing absences
from home and long working hours are impacting on members and families of some
elements of the ADF.
Defence analyses a range of welfare indicators to assess the impact of high operational
tempo to understand workforce risks to our people. Circumstances vary widely across
the total workforce.
The Defence Member and Family Helpline is the primary point of contact for ADF
members and their families seeking support, information or connection with their
Prepared By:
Cleared By:
Name: Major General Anthony Rawlins
Name: Vice Admiral David Johnston
Position: Head of Force Design
Position: Vice Chief of the Defence Force
Division: Force Design Division
Group/Service: Vice Chief of Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Document 61
community. The Helpline is available 24/7 and is staffed by qualified human services
professionals including social workers and psychologists.
Defence Member and Family Support, at the request of Command, undertakes family
assessments and makes recommendations to assist in decision making. Examples
include assessment of a family situation in relation to a compassionate return to
Australia and compassionate postings.
Background
While the ADF is proactively postured to support the response to emergency domestic
crises, the provision of prolonged support in recent years – particularly in non-core
roles – is impacting preparedness, operations, regional engagement, retention and
modernisation.
This coincides with a period of strategic uncertainty and increasing security-specific
demands on the ADF, particularly in the Indo-Pacific.
Elements of sustainment and operating budgets must be reprioritised as Defence
focuses more acutely on the strategic threats.
The scale, duration and frequency of Defence support to domestic crises, such as
COVID-19, 2019/2020 Bushfires, is not sustainable without accepting significant impact
for ADF preparedness.
The ADF is not the primary responder in domestic disaster situations. The responsibility
of emergency management rests with state and local authorities.
During a natural disaster, states or territories can request Commonwealth assistance,
including that of the ADF, through the National Emergency Management Agency. These
requests are known as Defence Assistance to the Civil Community.
This assistance delivers an outcome or effect at a time when the recipient’s own
resources are not capable or have been overwhelmed.
Further detail on Defence Assistance to the Civil Community can be found in SB23-
000442.
Although states and territories have primary responsibility for domestic disaster
responses within their jurisdiction, the provision of Defence support to civilian agencies
in times of emergencies has been a consistent policy of Commonwealth Government
assistance.
Defence Strategic Review outlines increasing levels of preparedness. Options to achieve
Government direction are under development.
Supporting Information
For a summary on Defence Operations please refer to SB23-000441.
Prepared By:
Cleared By:
Name: Major General Anthony Rawlins
Name: Vice Admiral David Johnston
Position: Head of Force Design
Position: Vice Chief of the Defence Force
Division: Force Design Division
Group/Service: Vice Chief of Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Document 61
Division:
Force Design Division
PDR No:
SB23-000443
Prepared by:
Cleared by Group / Service Head:
Air Commodore Nick Hogan
Vice Admiral David Johnston
Acting Head of Force Design
Vice Chief of the Defence Force
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 26 April 2023
Date: 5 April 2023
Consultation: Military Strategic
Date: 31 March 2023
Commitments
Mob: s22
Ph: s47E(d)
Commodore Don Dezentje
Director-General Military Strategic
Commitments
Consultation: Headquarters Joint
Date: 4 April 2023
Operations Command
Mob: N/A
Ph: N/A
JOC Group Governance
Cleared by CFO / DPG / DSR:
Colonel Benjamin Cook
Date: 31 March 2023
Director, Strategic Workforce Plans and Analysis
Defence People Group
Cleared by Deputy Secretary (or equivalent Band 3/3*):
Date: 5 April 2023
Vice Admiral David Johnston, Vice Chief of the Defence
Force
Questions on notice referred to within the brief:
Budget Estimates on 18 November 2022
Civilian National Disaster or Emergency Response Force
Senator Claire Chandler
Question
1. What progress has been made toward creation of a civilian national disaster or emergency
response force, and what funding commitments have been made?
Prepared By:
Cleared By:
Name: Major General Anthony Rawlins
Name: Vice Admiral David Johnston
Position: Head of Force Design
Position: Vice Chief of the Defence Force
Division: Force Design Division
Group/Service: Vice Chief of Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
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Key witness: Vice Admiral David Johnston
Document 61
2. What briefings has the Department of Defence (Department) provided to the Government
on the impact of disaster and emergency response and relief ensure that the Australian
Defence Force (ADF) can focus on its primary national security and defence role?
3. What are the risks for the ADF and its warfighting and defence capability, and morale, if it
is continues to be frequently deployed to respond to civilian national disaster and emergency
events?
4. What impact are frequent and lengthy civilian response deployments having on ADF
personnel, including in relation to morale, development, retention and departures from the
ADF?
Answer
1. This is a policy question with the portfolio responsibility in the Department of Home Affairs
and the Minister for Home Affairs.
2. Defence routinely briefs Ministers and Government on this matter.
3. Defence continues to meet its operational commitments and higher priority activities. The
cumulative effect of sustained domestic operational demands and restrictions on training
generate an ongoing risk to preparedness. These risks are actively managed.
4. While the ADF is proactively postured to support the response to emergency domestic
crises, the provision of prolonged domestic support in recent years has impacts to
preparedness, operations, regional engagement, retention and modernisation.
Senate
28 September 2022
Senator Simon Birmingham
Question
What progress has been made toward creation of a civilian national disaster or emergency
response force, and what funding commitments have been made?
What is the Government’s plan to ensure that the ADF can focus on its primary national
security and defence role?
What are the risks for the ADF and its warfighting and defence capability if it is instead
deployed to respond to civilian national disaster and emergency events?
What briefings and reports have been provided to the Minister, and the Government,
relating to these matters, since 22 May 2022, and please provide them.
Answer
The creation of a civilian national disaster or emergency response force is a matter for the
Department of Home Affairs and the Minister for Home Affairs.
Defence continues to meet its operational commitments and higher priority activities. The
cumulative effect of sustained domestic operational demands and restrictions on training
generate an ongoing risk to preparedness.
Prepared By:
Cleared By:
Name: Major General Anthony Rawlins
Name: Vice Admiral David Johnston
Position: Head of Force Design
Position: Vice Chief of the Defence Force
Division: Force Design Division
Group/Service: Vice Chief of Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Budget Estimates: May 2023
PDR No: SB23-000443
Last updated: 26 April 2023
Operational Preparedness
FOI 789/22/23
Key witness: Vice Admiral David Johnston
Document 61
Through preparedness direction and assurance reporting, the Chief of the Defence Force
ensures the sustainable capacity of Defence to accomplish government directed tasks.
The preparedness management system enables Defence to actively manage these risks and
communicate them to government to inform prioritisation.
Defence formally reports any significant preparedness deficiency. The Government does not
comment publicly on the specifics of Defence’s state of preparedness.
Defence routinely briefs Ministers and Government on this matter. These briefings contain
sensitive material and may adversely impact Defence if released publically.
Prepared By:
Cleared By:
Name: Major General Anthony Rawlins
Name: Vice Admiral David Johnston
Position: Head of Force Design
Position: Vice Chief of the Defence Force
Division: Force Design Division
Group/Service: Vice Chief of Defence Force Executive
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Budget Estimates: May 2023
PDR No: SB23-000438
Last updated: 08 May 2023
Enterprise Resource Planning
FOI 789/22/23
Key witness: Matt Yannopoulos
Document 62
Through the Integrated Investment Program, the ERP Program is allocated $5,787.8
million (including $422.5 million in contingency) to acquire and sustain the ERP
capability to 2040-41.
To date, the Government has released $1,643.6 million (including $261.3 million in
contingency) to acquire capability covering the scope of Tranche 1, Tranche 2 and
Tranche 3A. In addition, $692.1 million has been released to sustain this capability.
Risk
Most recently, the ERP Program has encountered delays in executing System
Integration Testing, entering the most recent test cycle nine weeks later than planned.
This occurred due to test process deficiencies and data quality issues.
Defence has worked with the SAP Global Escalation team in a detailed consultation
process to address concerns about the ERP Program’s progress. An Independent
Assurance Reviewer is providing monthly reports on the ERP Program’s progress.
Defence is committed to working with SAP and the systems integrator, IBM, to deliver a
viable solution for the Tranche 1 Release 1B and Tranche 2 scope.
Defence assessed the schedule risk of Tranche 1 and Tranche 2 delivery as High.
In consultation with the software vendor (SAP) and system integrator (IBM), Defence is
engaged in detailed replanning of the delivery schedule to strengthen confidence in
delivery dates for Tranche 1 and Tranche 2 initial operating capability and final
operating capability dates.
Defence is committed to ensuring the schedule is achievable, adequately resourced
and addresses previous issues.
Defence is prepared to transition to the ERP capability when go-live is achieved.
Background
The ERP Program commenced in 2015, achieving First Pass approval in 2016 and initial
Second Pass approval in 2018.
The initial Second Pass approval was to deliver capability to support logistics and to
support maintenance of land equipment, as well as foundational financial and HR
functions to support this capability.
In 2021, approval was given to expand the scope for the ERP Program to include
Case Management (Tranche 2) & HR (excluding payroll). In both instances, funding
(approved and unapproved) was transferred to the ERP Program.
The ERP solution will be implemented with a suite of SAP software (provided by SAP SE,
a German multinational software corporation) as the core.
Prepared By:
Cleared By:
Name: Dr Maria Milosavljevic
Name: Matthew Yannopoulos
Position: Chief Data Integration Officer
Position: Associate Secretary
Division: Data Division
Group/Service: Associate Secretary Group
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Budget Estimates: May 2023
PDR No: SB23-000438
Last updated: 08 May 2023
Enterprise Resource Planning
FOI 789/22/23
Key witness: Matt Yannopoulos
Document 62
S/4HANA, SAP’s current ERP software, augmented by SAP’s Defence and Security
industry solution, is the core of the solution.
It provides both traditional ERP features (such as financial management and
procurement) and a rich set of features that are Defence-specific.
The ERP Program is currently scheduled to deliver the initial capability (Tranche 1 and
Tranche 2) in quarter 2 of 2024 (following a schedule replan in March 2023), the
Tranche 3A capability by late 2026, and full acquisition by 2030.
Supporting Information
Questions on Notice
No QoNs asked.
Freedom of Information (FOI) Requests
None.
Recent Ministerial Comments
No recent comments.
Relevant Media Reporting
None identified.
Prepared By:
Cleared By:
Name: Dr Maria Milosavljevic
Name: Matthew Yannopoulos
Position: Chief Data Integration Officer
Position: Associate Secretary
Division: Data Division
Group/Service: Associate Secretary Group
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
3 of
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Budget Estimates: May 2023
PDR No: SB23-000438
Last updated: 08 May 2023
Enterprise Resource Planning
FOI 789/22/23
Key witness: Matt Yannopoulos
Document 62
Division:
Data Division
PDR No:
SB23-000438
Prepared by:
Cleared by Division Head:
s47E(d)
ED DBIP, Enterprise Business
Maria Milosavljevic, CDIO, Data Division
and Data Programs Branch
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 04 April 2023
Date: 03 April 2023
Consultation: Delivery Division, CIOG
Date: 04 April 2023
Major General Sue Graham, Head Business
Mob: s22
Ph: s47E(d)
Transformation
Air Commodore Damien Keddie, A/ Program Mob: s22
Ph: s47E(d)
Director ERP.
Cleared by CFO / DPG / DSR:
Date: 04 April 2023
Tracey Mackrow, AS Finance – Enabling Groups
Cleared by Deputy Secretary (or equivalent Band 3/3*):
Date: 28 April 2023
Matt Yannopoulos, Associate Secretary, Associate
Secretary Group
Prepared By:
Cleared By:
Name: Dr Maria Milosavljevic
Name: Matthew Yannopoulos
Position: Chief Data Integration Officer
Position: Associate Secretary
Division: Data Division
Group/Service: Associate Secretary Group
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
4 of
4
Budget Estimates: May 2023
PDR No: SB23-000661
Last updated: 17 May 2023
US Unauthorised Disclosure of Classified Information
FOI 789/22/23
Key witness: Greg Moriarty
Document 63
If pressed: details of US investigation
It would be inappropriate to comment on an ongoing criminal investigation in the
United States.
If pressed: when the US first formally advised Defence of the leak
Once the US had developed an initial understanding of the apparent unauthorised
disclosure, it formally advised us (Defence) through s33(a)(i)
and policy
channels on 11 April 2023.
If pressed: appropriateness of security clearance procedures
Australia and United States have in place rigorous security clearance processes for
those staff that have access to our most sensitive national security information.
s33(a)(i)
Background
On 6 April 2023 international media began reporting on what appeared to be classified
US Government documents – including operational and intelligence briefs – that were
circulating on the Internet and social media platforms.
The material covered a range of geographic and thematic issues. The documents
remain classified – unauthorised public disclosure does not serve as a declassification
mechanism.
On 11 April 2023 United States Secretary of Defense Lloyd Austin stated he was advised
of the apparent unauthorised disclosure on 6 April, and publicly indicated the US would
do all in its power to identify the source.
On 11 April 2023, after developing an initial understanding of the potential compromise
of information, the United States formally advised us (Defence) of the unauthorised
disclosure through s33(a)(i)
and policy channels. s33(a)(i)
s33(a)(i)
On 13 April 2023 United States Air National Guardsman, 21-year old Jack Teixeria was
arrested by US authorities in connection to the unauthorised disclosure. It is alleged Mr
Teixeria, who was cleared to access sensitive intelligence and operational information,
Prepared By:
Cleared By:
Name: s47E(
Name: Lieutenant General Gavan Reynolds
Position: Chief of Staff to Chief of Defence Intelligence
Position: Chief of Defence Intelligence
Division: Office of Chief of Defence Intelligence
Group/Service: Defence Intelligence Group
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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Budget Estimates: May 2023
PDR No: SB23-000661
Last updated: 17 May 2023
US Unauthorised Disclosure of Classified Information
FOI 789/22/23
Key witness: Greg Moriarty
Document 63
photographed documents and shared them through an instant messaging platform
from at least March this year.
The unauthorised disclosure is now the subject of a US Department of Justice criminal
investigation and the US Department of Defense is continuing to assess the contents
and implications of documents that have been disclosed.
Relevant Australian and US senior officials are engaging regularly as the investigation
proceeds, particularly in respect to any implications for Australia’s national interests.
Supporting Information
Questions on Notice
No QoNs asked.
Freedom of Information (FOI) Requests
None.
Recent Ministerial Comments
No recent comments.
Relevant Media Reporting
13 April 2023:
Fit, armed and God-loving, mid-20s: US secret leaker identified, Sydney
Morning Herald.
11 April 2023:
Defence Force Chief warning over leaked US intelligence reports on
Ukraine war, News.com.au
11 April 2023:
US Defense Secretary Lloyd Austin says leaked classified documents were
‘somewhere in the web’, Fox News
8 April 2023:
DOJ opens investigation into leaks of apparent classified US military
documents, CNN.
Prepared By:
Cleared By:
Name: s47E(
Name: Lieutenant General Gavan Reynolds
Position: Chief of Staff to Chief of Defence Intelligence
Position: Chief of Defence Intelligence
Division: Office of Chief of Defence Intelligence
Group/Service: Defence Intelligence Group
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
3 of
4
Budget Estimates: May 2023
PDR No: SB23-000661
Last updated: 17 May 2023
US Unauthorised Disclosure of Classified Information
FOI 789/22/23
Key witness: Greg Moriarty
Document 63
Division:
Defence Intelligence Group
PDR No:
SB23-000661
Prepared by:
Cleared by Division Head:
s47E(d)
Chief of Staff, Office of Chief of
Lieutenant General Gavan Reynolds, Chief of
Defence Intelligence
Defence Intelligence
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 17 May 2023
Date: 17 May 2023
Consultation:
Date: 17 May 2023
s33(a)(i)
Tom Menadue, Acting First Assistant
Mob: 0434 651 747 Ph: s47E(d)
Secretary International Policy Division
Cleared by CFO / DPG / DSR: N/A
Cleared by Deputy Secretary (or equivalent Band 3/3*):
Date: 17 May 2023
Lieutenant General Gavan Reynolds, Chief of Defence
Intelligence
Prepared By:
Cleared By:
Name: s47E(
Name: Lieutenant General Gavan Reynolds
Position: Chief of Staff to Chief of Defence Intelligence
Position: Chief of Defence Intelligence
Division: Office of Chief of Defence Intelligence
Group/Service: Defence Intelligence Group
Phone: s47E(d) / s22
Phone: s47E(d) / s22
Page
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4
Budget Estimates: May 2023
PDR No: SB23-000444
Last updated: 24 May 2023
Reforming Defence Legislation
FOI 789/22/23
Key witnesses: Matt Yannopoulos; Adrian D’Amico
Document 64
characterises the current and predicted strategic environments, including our
involvement in special warfare, grey-zone, cyber or space activities.
If pressed: How do these reforms relate to other Government priorities and reform initiatives?
These reforms are focused on enabling Defence as a fully integrated war-fighting
enterprise, to ensure Defence is better positioned to defend our national interests in a
more complex and dynamic strategic environment.
The reforms will complement and empower key Australian Government defence
priorities and the ongoing development and integration of new and emerging
technologies and advanced capabilities.
Implementing the reforms will provide a more robust domestic legal foundation for
Australia’s defence and security, supporting greater interoperability between Defence
and its domestic and international partners.
If pressed: Will the reforms include a parliamentary decision-making power to commit
Australia to war?
No. The Joint Standing Committee on Foreign Affairs, Defence and Trade (Committee)
recently completed an inquiry into how Australia makes decisions to send service
personnel into international armed conflict. The Committee’s report was tabled on
31 March 2023 and is currently being considered by Government.
It would not be appropriate to make further comment while that subject remains under
Government consideration; however, it is not intended that these particular reforms
will include a parliamentary war power.
If pressed: Will there be any impacts on defence industry?
The aim of the reforms is to recognise defence industry as an important and integral
part of the defence workforce. We want to make it easier for defence industry to
provide important support services to Defence.
If pressed: Will the reforms affect ADF members and veterans?
ADF members will be able to train more effectively (more closely in line with how they
will fight), exercise with international counterparts more effectively, and will have and
use more advanced equipment and technologies within a robust legal framework. This
will impart greater confidence in the conduct and upskilling of our war-fighters and
Australia’s military capabilities.
Veteran’s compensation and entitlements are not within the scope of these reforms.
Defence continues to participate in the Royal Commission into Defence and Veteran
Suicide and will consider any recommendations in due course.
If pressed: How will Defence progress the reforms?
A dedicated team, led by Major General Gavin Duncan, DSC, AM, has been established
within Defence to drive the reforms.
Prepared By:
Cleared By:
Name: Anna Rudziejewski
Name: Matt Yannopoulos
Position: General Counsel – Defence
Position: Associate Secretary
Division: Defence Legal
Group: Associate Secretary Group
Phone: s47E(d)
Phone: s47E(d)
Page
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Budget Estimates: May 2023
PDR No: SB23-000444
Last updated: 24 May 2023
Reforming Defence Legislation
FOI 789/22/23
Key witnesses: Matt Yannopoulos; Adrian D’Amico
Document 64
The team consists of APS staff, Permanent and Reserve ADF personnel and contractors
working in a variety of full and part-time capacities.
The number of people working on the project will fluctuate over the development and
delivery of the reforms, to meet project work demands.
Background
The Government has agreed that Defence develop legislation to reform the
Defence
Act 1903 and related legislation, s47C
, to
better position Defence as an agile, integrated war-fighting enterprise.
On 9 March 2023, the Government announced the reforms through the release of a
Public Consultation Paper and request for public submissions.
The proposed reforms will:
provide appropriate authority and accountability for a range of effects and
activities integral to modern defence capabilities and operations;
address electronic and cyber effects, training and technology development, and
information collection, use and sharing for Defence purposes;
enable greater defence security, covering both tangible and intangible forms
(e.g. beyond defence of premises to security of Australia’s military capabilities);
support greater interoperability with key allies and partners. This will ensure that
our capabilities can integrate and operate for mutual strategic benefit;
address real-time threats to Australia’s national interests and the global rules-
based order; and
complement other Government priorities and commitments.
The Bill’s development will be informed by a program of targeted engagement and the
review of public submissions that closed on 21 April 2023.
Supporting Information
Questions on Notice
No QoNs asked.
Freedom of Information (FOI) Requests
None.
Recent Ministerial Comments
On 9 March 2023, the Assistant Minister for Defence responded to questions following
the release of the Public Consultation Paper in an interview with ABC Afternoon
Briefing. A
copy of the transcript is available on the Defence Ministers webpage.
Relevant Media Reporting
Prepared By:
Cleared By:
Name: Anna Rudziejewski
Name: Matt Yannopoulos
Position: General Counsel – Defence
Position: Associate Secretary
Division: Defence Legal
Group: Associate Secretary Group
Phone: s47E(d)
Phone: s47E(d)
Page
3 of
4
Budget Estimates: May 2023
PDR No: SB23-000444
Last updated: 24 May 2023
Reforming Defence Legislation
FOI 789/22/23
Key witnesses: Matt Yannopoulos; Adrian D’Amico
Document 64
Australian media has reported on the release of the Public Consultation Paper. A
Media
Release was published on the Defence Ministers webpage following the announcement
of the Public Consultation paper.
An article in The Guardian
by Damien Hurst speaking to the reforms and public
consultation process was published on 3 May 2023.
Australian defence law plan sparks
warning of ‘disturbing’ overreach
Division:
Defence Legal
PDR No:
SB23-000444
Prepared by:
Cleared by Division Head:
Anna Rudziejewski, General Counsel –
Adrian D’Amico, Chief Counsel, Defence
Defence, General Counsel Defence
Legal
Mob: s22
Ph: s47E(d)
Mob: s22
Ph: s47E(d)
Date: 5 April 2023
Date: 24 May 2023
Consultation: N/A.
Cleared by CFO / DPG / DSR: N/A.
Cleared by Deputy Secretary (or equivalent Band 3/3*):
Date: 24 May 2023
Matt Yannopoulos, Associate Secretary, Associate
Secretary Group
Prepared By:
Cleared By:
Name: Anna Rudziejewski
Name: Matt Yannopoulos
Position: General Counsel – Defence
Position: Associate Secretary
Division: Defence Legal
Group: Associate Secretary Group
Phone: s47E(d)
Phone: s47E(d)
Page
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