Weaponisation of military justice system inquiry handed down to Defence

The military justice system is the main framework that guides military disciplinary systems as well as safeguarding ADF members in the event of an appeal.

“A system that is technically sound yet perceived as rigid, opaque or indifferent to human impact will ultimately fail to achieve its purpose,” Gaynor said.

“Addressing both the reality and the perception of weaponisation of the military justice system is essential if military justice is to remain a source of strength.”

The report found that no widespread abuse of military justice proceedings has taken place, yet weaponisation “can and does occur at multiple levels of the ADF”, through unintentional measures such as a “poor, rigid, or insensitive” application.

The report said this inept use of military justice has led to legitimate harm for ADF members and can “foster perceptions” of misuse.

Public submissions were open from March to June last year and found that misuse of the military justice system was found to have a significant impact on mental health and overall wellbeing exacerbated to serving and ex-serving ADF members.

VIEW ALL

Of the recommendations, the inquiry suggests that “fact finding” processes are too formal, causing avoidable harm, and should be replaced with “Quick Assessments” as an “initial incident decision support tool”.

It also found that mental health referral systems in justice proceedings should be revised to not be used as suitability assessments for retention in the ADF.

“Ultimately, this inquiry has found that while the foundations of Australia’s military justice system remain sound, its processes must evolve,” the report said.

“Reform is not a matter of patchwork fixes but of principled transformation. Only by modernising the how – with empathy, clarity and accountability – can the system truly serve those who serve.”

The full report and recommendations will be considered for implementation by the Department of Defence.