Jacqui Lambie says Richard Marles weak against ADF top brass after report fiasco

A landmark review has called for a major overhaul of Australia’s military justice watchdog, recommending it be separated from the defence force’s command structure.

The 20-year review of the office of the Inspector-General of the Australian Defence Force, a body tasked with investigating military deaths and complaints of misconduct, was finally released by the Government on Wednesday, six months after Defence Minister Richard Marles received it.

The 141-page report, which contained 47 recommendations, was tabled after it was published “in error” by the Royal Commission into defence and veteran suicide. It had been swiftly deleted, but not before crossbench senators Jacqui Lambie and David Shoebridge noticed it.

The pair have since accused the Government of a “cover-up”, and say the developments undermine any attempt to address culture issues within the defence force — including those highlighted in the IGADF report.

Senator Lambie has also called for Mr Marles to be sacked from the portfolio.

In his review, former attorney-general and Federal court judge Duncan Kerr recommended new legislation to re-establish the IGADF as a separate entity in the defence portfolio, answerable to the Governor-General and independent of the ADF’s top brass.

Senator Shoebridge said the Government should move “urgently” to implement that recommendation, saying there would be a “clear pathway through the Parliament”.

Currently, the IGADF is under the command of Defence Chief David Johnston.

In his review, Justice Kerr found “well-motivated critics” held a “perception that the IGADF is ‘umbilically-linked’ to the command structure of the ADF”.

“The existence of that perception is too widely based as would permit it to be ignored,” he said.

“By providing those who serve in the ADF and their families independent assurance that abuses of military discipline brought to attention will be investigated without fear or favour, the office of the IGADF will fulfil its function.”

Justice Kerr didn’t suggest the IGADF had ever been hamstrung but called for the negative perceptions of the organisation to be addressed.

He also wrote the IGADF had conducted too many inquiries into deaths or suicides of ADF personnel with “insufficient sensitivity” towards family members.

He called for clearer rules around how the IGADF investigated deaths in the defence force and recommended the watchdog be allowed to start its own investigations into alleged misconduct within the ADF.

He recommended two deputy inspectors-general be appointed: one to investigate deaths in the ADF, and one to audit the force and its unit.

The release of the report came after the royal commission handed down its final report last Monday, which found the military justice system could be weaponised against ADF personnel.

It also follows Mr Marles’ decision to strip medals from up to nine former mid-ranking officers who served in Afghanistan, because Australian special forces soldiers allegedly murdered 39 civilians and prisoners under their command.

That decision sparked blowback from within the defence community, who demanded the most senior commanders — including former defence chief Angus Campbell — held accountable for the alleged crimes, but Mr Marles said he had simply followed the recommendations of the IGADF’s inquiry into alleged war crimes undertaken by Paul Brereton.

Senator Lambie, a veteran herself, said the “suppression” of the Kerr report was further evidence of collusion between Defence and Government.

She said Mr Marles “has been eaten for breakfast by the brass”, and should be removed from the portfolio.

“He’s not going to get the job done, he’s ever going to get the job done … Unless Mr Marles starts getting rid of some of them and starts holding them accountable, we’re just going to have the same shit, different day,” she told The Nightly.

“Richard Marles does not have what it takes (to be minister). He does not have the courage, and he doesn’t know how to deal with those big boys.”

She said there was no excuse for keeping the report secret for so long.

“The Government are just gutter trash to me today. What they’re doing to these veterans… they are part of the cover up, so I’m calling them out,” she said.

Mr Marles’ office have said it had no knowledge or part in asking for the documents to be removed from the royal commission website. Senator Shoebridge said it had to have been someone from executive government.

“The royal commission ceased to operate some week ago, its letters patent has concluded. It could not have been the royal commission that pulled down this report,” Senator Shoebridge said.

“If the Deputy Prime Minister says it didn’t come from him or his office or his department, then who did it come from?”

Mr Marles’ spokesperson said the Kerr review would be considered “in the context of the royal commission recommendations to ensure a holistic and pragmatic approach to any proposed reform”.

“To respond to one report in isolation of the other would be impractical and ineffective,” they said.

“The Deputy Prime Minister has said the Government will agree to implement the thrust of the recommendations of the Royal Commission, of which reform to the IGADF and military justice system forms a large part.”