sources consulted - department of defence...australian fleet tactical publication 1 (c), australian...
TRANSCRIPT
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Sources consulted
The Commission consulted the following sources-in addition to exhibits tendered and evidence given--during the course of its work.
Commonwealth legislation and subordinate legislation
Administrative Decisions (Judicial Review) Act 1977
Australian Human Rights Commission Act 1986
Civil Dispute Resolution Act 201 1
Defence Act 1903
Defence Force Discipline Act 1982
Defence Legislation Amendment Act 1984
Disability Discrimination Act 1992
Freedom of lnfonnation Act 1982
Ombudsman Act 1976
Privacy Act 1988
Public Service Act 1999
Racial Discrimination Act 1975
Sex Discrimination Act 1984
Summary Authority Rules 2007
Regulations
Australian Military Regulations 1927
Defence (Inquiry) Regulations 1985
Defence (Personnel) Regulations 2002
Defence Force Regulations 1952
HMAS Success Commission of Inquiry
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Defence Instructions
Defence lnstruction (General) Administration 0-0-001, The System of Defence Instructions, and SoDl diagram from MSPA Division, 26 March 2007
Defence lnstruction (General) Administration 08-1, Public Comment and Dissemination of Official lnformation by Defence Personnel, 5 October 2007
Defence lnstruction (General) Administration 10-8, Conduct Reporting and Tracking System, 10 July 2008
Defence lnstruction (General) Administration 16-26, Management of a Suicidal Episode in the Australian Defence Force, 5 February 2007
Defence lnstruction (General) Administration 23-5, Overseas Visits, 31 October 2000
Defence lnstruction (General) Administration 27-1, Freedom of lnformation Act- Implementation in the Department of Defence, 2 March 1998
Defence lnstruction (General) Administration 34-1, lnquiries into Matters Affecting the Defence Force, 22 August 1986
Defence lnstruction (General) Administration 34-1, lnquiries into Matters Affecting the Defence Force (ALI), 18 April 1990
Defence lnstruction (General) Administration 34-1, lnquiries into Matters Affecting the Defence Force (AL2), 11 November 1993
Defence lnstruction (General) Administration 34-1, lnquiries into Matters Affecting the Defence Force (AL3), 22 July 1997
Defence lnstruction (General) Administration 45-1, Naval Police Coxswains Category, 27 January 2005
Defence lnstruction (General) Administration 45-2, Reporting and Investigation of Alleged Offences within the Australian Defence Organisation, 30 October 2001
Defence lnstruction (General) Administration 45-2, The Reporting and Management of Notifiable Incidents, 26 March 2010
Defence lnstruction (General) Administration 61-1, Inspector-General of the Australian Defence Force--Role Functions and Responsibilities, 27 August 2003
Defence lnstruction (General) Administration 65-1, Administrative Inquiry Tracking, 4 July 2006
Defence lnstruction (General) Administration 67-2, Quick Assessments, 7 August 2007
Part Three: Further Recommendations
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Defence lnstruction (General) Personnel 03-04, Termination of Service in the Australian Defence Force, 25 July 201 1
Defence lnstruction (General) Personnel 10-8, Performance Appraisal in the ADF, 21 November 2005
Defence lnstruction (General) Personnel 12-1, General Scope of Legal Assistance Provided to Service Personnel and Legal Aid to Australian Defence Force Members Overseas. 3 October 1996
Defence lnstruction (General) Personnel 15-1, Misuse of Alcohol in the Defence Force, 24 October 1980
Defence lnstruction (General) Personnel 15-2, Involvement by Members of the Australian Defence Force with a Prohibited Substance, 20 June 2005
Defence lnstruction (General) Personnel 15-4, Alcohol Testing in the Australian Defence Force, 14 November 2003
Defence lnstruction (General) Personnel 15-5, Testing for Prohibited Substances in the Australian Defence Force under Part VlllA of the Defence Act 1903, 15 June 2005
Defence lnstruction (General) Personnel 16-20, Privacy of Health Information in Defence, 30 July 2008
Defence lnstruction (General) Personnel 21-1, Political Activities of Defence Personnel, 4 October 2007
Defence lnstruction (General) Personnel 25-5, Employment of Immediate Family Members in the Same Chain of Command and/or Working Environment, 31 May 2000
Defence lnstruction (General) Personnel 30-1, Policy for Placing Civilian Premises out of Bounds or off Limits, 19 December 2002
Defence lnstruction (General) Personnel 32-1, Employment of Women in the Australian Defence Force, 31 January 1994
Defence lnstruction (General) Personnel 32-2, Defence Equity Adviser Network, 17 January 2000
Defence lnstruction (General) Personnel 34-1, Redress of Grievance-Tri-Service Procedures, 31 August 2001
Defence lnstruction (General) Personnel 34-1, Redress of Grievance - Tri-Service Procedures, 8 September 2010
HMAS Success Commission of Inquiry
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Defence lnstruction (General) Personnel 34-2, Complaints of Discrimination and Harassment through the Human Rights and Equal Opportunity Commission, 18 April 2009
Defence lnstruction (General) Personnel 34-3, Inquiries and Investigations by the Commonwealth Ombudsman and the Defence Force Ombudsman, 10 February 2009
Defence lnstruction (General) Personnel 34-4, Use and Management of Alternative Dispute Resolution in Defence, 27 June 2003
Defence lnstruction (General) Personnel 35-6, Formal Warnings and Censures in the Australian Defence Force, 16 July 2010
Defence lnstruction (General) Personnel 35-2, Application of the Sex Discrimination Act to the Australian Defence Force, 3 November 1986
Defence lnstruction (General) Personnel 35-3, Discrimination, Harassment, Sex Offences, Fraternisation and Other Unacceptable Behaviour in the Australian Defence Force. 25 March 1999
Defence lnstruction (General) Personnel 35-3, Harassment, Discrimination, Fraternisation and Unacceptable Sexual Behaviour in the Australian Defence Force (AL2), 27 May 1996
Defence lnstruction (General) Personnel 35-3. Harassment, Discrimination, Fraternisation and Unacceptable Sexual Behaviour in the Australian Defence Force (AL3), 28 October 1996
Defence lnstruction (General) Personnel 35-3, Management and Reporting of Unacceptable Behaviour, 11 Februaly 2004
Defence lnstruction (General) Personnel 35-3, Management and Reporting of Unacceptable Behaviour, 28 June 2009
Defence lnstruction (General) Personnel 35-3, Unacceptable Behaviour by Members of the Australian Defence Force, 22 June 1992
Defence lnstruction (General) Personnel 35-3, Unacceptable Behaviour by Members of the Australian Defence Force (ALI), 10 November 1994
Defence lnstruction (General) Personnel 35-4, Management and Reporting of Sexual Offences, 11 February 2004
Defence lnstruction (General) Personnel 35-6. Formal Warnings and Censures in the Australian Defence Force, 28 February 2007
Defence lnstruction (General) Personnel 35-7, Defence Equity Adviser Network, 9 May 2003
134 Part Three: Further Recommendations
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Defence lnstruction (General) Personnel 45-1, Jurisdiction under Defence Force Discipline Act-Guidance for Military Commanders, 17 February 1999
Defence lnstruction (General) Personnel 45-1, Jurisdiction under DFDA-Guidance for Military Commanders, 17 February 2010
Defence lnstruction (General) Personnel 45-4, Australian Defence Force Prosecution Policy, 29 August 2000
Defence lnstruction (General) Personnel 45-5, Defence Whistleblower Scheme, 1 July 2002
Defence lnstruction (General) Personnel 50-1, Equal Employment Opportunity in the Australian Defence Force, 13 July 1995
Defence lnstruction (General) Personnel 50-1, Equity and Diversity in the Australian Defence Force, 7 February 2000
Defence lnstruction (General) Personnel 50-1, Equity and Diversity in the Australian Defence Force, 18 October 2001
Defence lnstruction (General) Personnel 54-1, Royal Australian Navy Divisional System and Management of Royal Australian Navy Members in Defence, 13 December 2005
Defence lnstruction (General) Personnel 55-4. Reporting, Recording and Dealing with Civil Offences, Service and Civil Convictions and Diversionary Programs, 25 November 2006
Defence lnstruction (General) Personnel XX-X, Legal Assistance to ADF Members, draft, undated
Defence lnstruction (Navy) Administration 18-3, Reports of Proceedings, Haul-down and Operational Reports, 22 September 2005
Defence lnstruction (Navy) Administration 18-3, Reports of Proceedings, Haul-down and Operational Reports, 2 May 2010
Defence lnstruction (Navy) Administration 30-1, Command, 28 November 2001
Defence lnstruction (Navy) Administration 30-3, Instructions to the Commanding Officer, 12 November 2002
Defence lnstruction (Navy) Administration 30-4, Instructions to the Executive Officer, 24 October 2007
Defence lnstruction (Navy) Administration 37-9, Navy Governance, 9 December 2003
Defence lnstruction (Navy) Administration 9-2, Ships Fund. 15 May 2002
HMAS Success Commission of Inquiry
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Defence lnstruction (Navy) Personnel 13-1, Illegal Use of Drugs and Drug Education in the Royal Australian Navy, 29 June 2005
Defence lnstruction (Navy) Personnel 2-4, Royal Australian Navy Policy on Mentoring and Coaching (Draft), June 2006
Defence lnstruction (Navy) Personnel 31-51, Alcohol Testing in the Royal Australian Navy, 12 December 2003
Defence lnstruction (Navy) Personnel 31-9, Management of Alcohol and the Prevention and Management of Alcohol Abuse in the Royal Australian Navy, 16 April 2002
Defence lnstruction (Navy) Personnel 62-1, Religion and Chaplains in the Royal Australian Navy, 24 January 2006
Defence lnstruction (Navy) Personnel 90-4, Legal Counselling, 20 August 1996
Defence directives, standing instructions, memorandums, general orders, other orders and minutes
Australian Book of Reference 10, Chapter 3, 'Instructions to sailors', 2nd edn, September 2008
Australian Book of Reference 10, Chapter 3, 'Instructions to sailors', 3rd edn, July 2009
Australian Book of Reference 6289-Royal Australian Navy Officers Career Management Manual, Chapter 12, 'Performance appraisal', 3rd edn, 18 July 2006
Australian Defence Force lnvestigative Service Standing Instruction, Executive 0-1 System of lnstruction within the ADFIS, 1 February 2010
Australian Defence Force lnvestigative Service Standing lnstruction OPS 3-1/2008, 29 January 2008
Australian Defence Force lnvestigative Service Standing lnstruction 7-2, ADFIS Technical Development Program, 26 February 2010
Australian Fleet Memorandum, 01/10, Commanding Officer's Authority to Restrict Leave, 5 March 201 0
Australian Fleet Memorandum 1411 1, Reporting, Managing and Investigating DFDA Breaches, Unacceptable Behaviour, Serious Offences and Serious Misconduct, 11 June2011
Australian Fleet Memorandum 211 1, Suspension from Duty under the Defence Force Discipline Act 1982, 24 January 201 1
Part Three: Further Recommendations
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Australian Fleet Memorandum 21/09, Responsibilities of ADF MemberslDefence Employees who Supervise RAN Members Issued with a Notice to Show Cause or Chargedllnfringed for a Disciplinary Offence, 15 May 2009
Australian Fleet Memorandum 24-1 1, HMAS Success Commission of Inquiry- Department Management Audits Checklist Amendments, 23 September 201 1
Australian Fleet Memorandum 43/09, Administrative Consequences for Unacceptable Alcohol-related Behaviour, 10 August 2009
Australian Fleet Memorandum 5711 0, Revised Policy-Commanding Officer's Authority to Restrict Leave and to Impose Conditions on Leave, 29 October 2010
Australian Fleet Tactical Publication 1(B), Annex A to Chapter 101, 'Duties of a ships warrant officer', 2nd edn, June 2006
Australian Fleet Tactical Publication 1 (B), Australian Fleet General Orders, Chapter 102, 'Discipline and administrative law', 2nd edn, September 2008
Australian Fleet Tactical Publication 1(B), Australian Fleet General Orders, Chapter 305, 'Personnel administration', 2nd edn, September 2008
Australian Fleet Tactical Publication 1 (B), Australian Fleet General Orders, Chapter 401, 'Whole ship management and organisation', 2nd edn, September 2008
Australian Fleet Tactical Publication 1(B), Australian Fleet General Orders, 'Letter of Promulgation', 2nd edn, October 2008
Australian Fleet Tactical Publication 1(B), Chapter 401, 'Organisation (coxswain and whole ship coordinator)', 2nd edn, June 2006, pp. 4-5
Australian Fleet Tactical Publication 1 (C), Australian Fleet General Orders, Chapter 102, 'Discipline and administrative law', 3rd edn, June 2009
Australian Fleet Tactical Publication 1 (C), Australian Fleet General Orders, Chapter 305, 'Personnel administration', 3rd edn, June 2009
Australian Fleet Tactical Publication 1(C), Australian Fleet General Orders, Chapter 401, 'Whole ship management and organisation', 3rd edn, June 2009
Australian Fleet Tactical Publication 1 (C), Australian Fleet General Orders, 'Letter of Promulgation', 3rd edn, June 2009
Chief of Air Force Directive 0412006, Management of ADF Members under Investigation, 24 August 2006
Chief of Army Directive 1711 1, Formation of the Army Administrative Inquiries Cell, 16 August 201 1
HMAS Success Commission of Inquiry
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Chief of Army Directive 27109, Management of ADF Members and Defence APS Personnel within Army who are under investigationllnquiry or Facing Administrative Disciplinary Action, 7 July 2009
Chief of Navy Minute (CNlOUTl20091219), Responsibilities of ADF MemberslDefence Employees who Supervise RAN Members Issued with a Notice to Show Cause or Chargedllnfringed for a Disciplinary Offence, 11 March 2009
Chief of the Defence Force & Secretary, Department of Defence, Joint Directive 112006 to Director General Fairness and Resolution, 27 February 2006
Chief of the Defence Force Directive 212005, Implementation of the Recommendations of the Review of the Australian Defence Force Redress of Grievance System 2004, 7 April 2005
Defence Policing & Security Management System, Navy Business Rules, 25 June 2010
Department of Defence, DEFGRAM 212003, Procedures for Dealing with Parliamentary Committees, 7 January 2003
Department of Defence, DEFGRAM 23412008, Amendments to Defence Force Regulations 1952 and Changes to the Redress of Grievance Process, 5 May 2008
Department of Defence, DEFGRAM 31 712006, Revised Arrangements Following Submission of a Redress of Grievance-Tri-Service Procedures, 26 June 2006
Department of Defence, DEFGRAM 3512009, Management and Reporting of Sexual Offences, 30 January 2009
Department of Defence, DEFGRAM 48912007, Parliamentary Committees: Defence Submissions and Witnesses, 21 August 2007
Department of Defence, DEFGRAM 78112009, Parliamentary Committees: Defence Submissions and Witnesses, 7 December 2009
Department of Defence, Departmental Circular Memorandum 56196, Anti-Harassment Contact Network, 10 July 1996
Department of Defence, Departmental Circular Memorandum 62/94, Equal Employment Opportunity in Defence, 19 September 1994
Department of Defence, Departmental Circular Memorandum 89193, Anti-Harassment Contact Officers, 10 September 1993
Department of Defence, Departmental Personnel lnstruction 112000, Defence Equity Adviser Network, 24 January 2000
Department of Defence, Departmental Personnel lnstruction 03189, Elimination of Sexual Harassment, 9 August 1999
138 Part Three: Further Recommendations
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Department of Defence, Departmental Personnel lnstruction 03195, Non-offensive Working Environment, 1 November 1995
Department of Defence, Departmental Personnel lnstruction 04/85, Nomination for Australian Honours and Awards to Civilians, 30 August 1985
Department of Defence, Departmental Personnel lnstruction 112001, Equity and Diversity in the Department of Defence, 22 Jan 2001
Department of Defence, Departmental Personnel lnstruction 1188, Elimination of Sexual Harassment, 19 January 1988
Department of Defence, Departmental Personnel lnstruction 1/99, Defence Equity Adviser Network, 11 January 1999
Department of Defence, Departmental Personnel lnstruction 3199, Preventing, Managing and Eliminating Discrimination, Harassment and Unacceptable Behaviour in the Department of Defence, 14 April 1999
Department of Defence, Departmental Personnel lnstruction 4/99, Equity and Diversity in the Department of Defence, 14 September 1999
Department of Defence, lnformation DEFGRAM 284/2010, Military Court of Australia, 25 May 2010
Department of Defence, lnformation DEFGRAM 391201 0, Parliamentary Committee Inquiries: Official Defence Participation and Your Rights as a Private Citizen, 3 February 201 0
Department of Defence, lnformation DEFGRAM 571-201 1, Removal of lnterim Policy and lnformation Defgrams from the System of Defence Instructions, 23 August 201 1
Department of Defence, Information DEFGRAM 80412009, Defence's Involvement in the Senate lnquiry Being Undertaken into Alleged Inappropriate Events that Occurred in HMAS Success, 17 December 2009
Director of Military Prosecutions Directive 0212009, Prosecution and Disclosure Policy, 1 October 2009
HMAS Success Commanding Officer's Standing Orders, April 2009
HMAS Success Standing Orders, Chapter 1, 'General', March 2007
Proposed Draft Chief of the Defence Force Directive, lnterim Arrangements for lnquiry Officer Inquiries, 30 March 2010
Provost Marshal Australian Defence Force, Technical Bulletin 14/07, Investigation Jurisdiction Model. 12 December 2007
HMAS Success Commission of Inquiry
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Australian Defence Force Publications, Defence guides and Defence doctrine
Australian Army, Land Warfafare Doctrine (LWD) 0-0, Command, Leadership and Management, Defence Publishing Service, Canberra, 2008
Australian Defence Doctrine Publication 00.1, Command and Control (Tri-Sewice), I st edn, Defence Publishing Service, Canberra, 2009
Australian Defence Doctrine Publication 00.6, Leadership (Tri-Sewice), 1st edn, Defence Publishing Service, Canberra, 2007
Australian Defence Force Publication 06.1 .I, Defence Law Manual, 4th edn, Defence Publishing Service, Canberra, 2009
Australian Defence Force Publication 06.1.3, Guide to Administrative Decision Making, 1st edn, Defence Publishing Service, Canberra, August 2003
Australian Defence Force Publication 06.1.3, Guide to Administrative Decision Making, 2nd edn, Defence Publishing Service, Canberra, January 2010
Australian Defence Force Publication 06.1.4, Administrative Inquiries Manual, I st edn, Defence Force Publishing Service, Canberra, 2004
Australian Defence Force Publication 06.1.4, Administrative Inquiries Manual, 2nd edn, Defence Publishing Service, Canberra, June 2006
Australian Defence Force Publication 202, Administrative lnquiries Manual, I st edn, Defence Force Publishing Service, Canberra, 2000
Department of Defence, A Guide to Fair Leadership and Discipline in the Australian Defence Force, Defence Publishing Service, Canberra, 13 December 2002
Department of Defence, Defence Guide to Managing Diversity in the Workplace, 2004
Department of Defence, Defence Workplace Equity and Diversity Plan 2007 to 2009, 1 July 2007
Department of Defence, Defence: a Bully Free Workplace, Brochure, n.d.
Department of Defence, Fairness and Resolution Branch, How to Make a Complaint of Unacceptable Behaviour, Brochure, Canberra, n.d.
Department of Defence, Fairness and Resolution Branch, Managing and Reporting a Complaint of Unacceptable Behaviour, Brochure, Canberra, n.d.
Department of Defence, Fairness and Resolution Branch, Who Can I Contact for Equity Advice?, Brochure, Canberra, n.d.
Part Three: Further Recommendations
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Department of Defence, Fairness and Resolution Branch, Workplace Dispute? Tly ADR!, Brochure, Canberra, n.d.
Department of Defence, Fairness and Resolution Branch, Your Local Defence Equity Advisor, Poster, Canberra, n.d.
Department of Defence, Inspector General Australian Defence Force, Defence Whistleblower Scheme, Brochure, Canberra, 2002
Department of Defence, Workplace Behaviour-management of workplace conflicts and disputes and unacceptable behaviour, Department of Defence, Canberra, March 201 1
Navy Values: Sewing Navy With Pride, September 2009
Professional Rules for Defence Legal Officers (draft), 16 February 2009
Royal Australian Navy Chaplain's Hand Book, 2008
Royal Australian Navy Sea Power Centre Australia, The Royal Australian Navy: leadership ethic-2010, Canberra, 201 0
Royal Australian Navy, Divisional Staff Handbook 2007: sewing in Australia's Navy, 1 February 2007
Royal Australian Navy, Divisional Staff Handbook, 2007
Royal Australian Navy, Mentoring with Health Services Workshop Guide, Health Services Mentoring Guide, November 2009
Royal Australian Navy, Mentoring, Navy Health Service Standard Operating Procedure, Navy Health Administration 003, 15 January 2009
Royal Australian Navy, Improve Navy's Culture, Navy Values Booklet, September 2003
Royal Australian Navy, Navy Values Booklet, May 2008
Royal Australian Navy, New Generation Navy, 'Latest Information on NGN activities', New Generation Navy Monthly Update, 16 December 2009
Royal Australian Navy, New Generation Navy, Navy Mentoring Program, http://intranet.defence.gov.au/navyweb/sites/NGN/, 22 January 2010
The Decision Maker's Handbook, Personnel Policy and Employment Conditions Branch, 2006
The Defence Equity Organisation, Equity and Diversity in Defence, Brochure, August 2002
HMAS Success Commission of Inquiry
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The Defence Equity Organisation, Equity and Diversity on Deployment, Brochure, Canberra, n.d.
Inquiry reports, investigation reports and official reviews
Abadee, Brigadier the Hon. AR, Study into the Judicial System under the Defence Force Discipline Act (DFDA), Department of Defence, Canberra, 1997
Australian Law Reform Commission, Making Inquiries Report: a new statutory framework, ALRC, Sydney, October 2009
Australian National Audit Office, Redress of Grievances in the Australian Defence Force, ANAO, Canberra, 1999
Burchett, J QC, Report of an Inquiry into Military Justice in the Australian Defence Force, Department of Defence, Canberra, 2001
Chief of the Defence Force (CDFIOUTl2009/584), Defence Response to The Report of the Independent Review on the Health of the Refonned Military Justice System (The Street & Fisher Report), 5 July 2009
Commonwealth and Defence Force Ombudsman, Australian Defence Force Management of Service Personnel Under the Age of 18 Years, Report 0412005, Commonwealth Ombudsman, Canberra, October 2005
Commonwealth Defence Force Ombudsman, Own Motion Investigation into How the Australian Defence Force Responds to Allegations of Serious Incidents and Offences, Commonwealth Ombudsman, Canberra, 1998
Commonwealth Ombudsman, Complaint by a Young Person (under the Age of 18) of an Incident involving Unacceptable Behaviour at a Navy Training Establishment in mid- 1996, Abridged version of report 0412004, Commonwealth Ombudsman, Canberra, October 2004. (The full report has not been made publicly available to preserve the privacy of the complainant.)
Commonwealth Ombudsman, Australian Defence Force: management of complaints about unacceptable behaviour, Report 0412007, Commonwealth Ombudsman, Canberra, June 2007
Defence Force Disciplinary Code, Second Draft with Report of the 1973 Working Party, Canberra, 1975
Defence Force Discipline Legislation Board of Review, Report, X Connor QC, Chair, Department of Defence, Canberra, May 1989
Defence Personnel Executive, Review of the Australian Defence Force (Australian Defence Force) Redress of Grievance (ROG) System, Department of Defence, Canberra, September 2000
142 Part Three: Further Recommendations
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Department of Defence, Board of lnquiry Report, HMAS SWAN Incident of 8 March 1993, Department of Defence, Canberra
Department of Defence, Final Report of the Learning Culture Inquiry: Inquiry into the Learning Culture in Australian Defence Force Schools and Training Establishments, July 2006, Department of Defence, Canberra
Department of Defence, Report of an Audit of the Australia Defence Force Investigative Capability, Department of Defence, Canberra, July 2006
Department of Defence & Office of the Commonwealth Ombudsman, Review of the Australian Defence Force Redress of Grievance System, Commonwealth Ombudsman, Canberra, 2004
Ernst & Young, The Review of Military Police Battalion Investigation Capability, Department of Defence, Canberra, July 2004
Government Response to the Senate Foreign Affairs, Defence and Trade References Committee Report on the Effectiveness of Australia's Military Justice System, Department of Defence, Canberra, October 2005
Government Response to the Senate Standing Committee on Foreign Affairs, Defence and Trade (Reforms to Australia's Military Justice System-fourth progress report, September 2008), Department of Defence, Canberra, 2009
Human Rights and Equal Opportunity Commission, Report of an Inquiry into Complaints by Ms Susan Campbell that the Human Rights of her Daughter were Breached by the Commonwealth of Australia under the Convention on the Rights of the Child, HREOC, Sydney, 2005
Inquest into the Death of Angus Lawrence [2005] NTCM 069
lnspector General Australian Defence Force, Audit of HMAS Success, IGADF, Canberra, July 2006
lnspector General Australian Defence Force, Inquiry Report-8246320 Signaller Geoffrey Phillip Gregg, IGADF, Canberra, 2007
lnspector General Australian Defence Force, Report of a Review of Arrangements for the Management of Complaints and Incidents and Related Jurisdictional Aspects in the Australian Defence Force, IGADF, Canberra, 6 September 201 1
lnspector General Australian Defence Force, Standard Operating Procedures for the Conduct ofAudits, IGADF, Canberra, 15 February 2007
Investigating Officer's Report into the Death of 8237572 Gunner John Konstantinos Satatas, 2003
lnvestigating Ofricer's Report into the Death of 8299931 PTE JP Williams, 2003
HMAS Success Commission of Inquiry
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Jackson, Lieutenant Commander JS, Submarine Integration Study Report, Report prepared for Assistant Chief of Naval Staff (Personnel), Department of Defence, Canberra
Joint Standing Committee on Foreign Affairs and Trade, Rough Justice? An Investigation into Allegations of Brutality in the Army's Parachute Battalion, Australian Parliament, Canberra, 2001
Joint Standing Committee on Foreign Affairs and Trade, Military Justice Procedures in the Australian Defence Force Inquiry, Australian Parliament, Canberra, 1999
National Alternative Dispute Resolution Advisory Council, Report to Attorney General-- National Principles for Resolving Disputes & Supporting Guide, NADRAC, Canberra, April 201 1
Royal Australian Navy & The Nous Group, Report of the New Generation Navy Strategy, Report to the Chief of Navy, Department of Defence, Canberra, April 2009
Senate Standing Committee on Foreign Affairs, Defence and Trade, Sexual Harassment in the Australian Defence Force, Australian Parliament, Canberra, August 1994
Senate Foreign Affairs, Defence and Trade References Committee, Report on Parliamentary Privilege--possible interference in the work of the committee, Australian Parliament, Canberra, March 2010
Senate Foreign Affairs, Defence and Trade References Committee, Equity and Diversity Health Check in the Royal Australian Navy-HMAS Success, Interim report, Australian Parliament, Canberra, March 2010
Senate Foreign Affairs, Defence and Trade References Committee, Part I1 Report: incidents onboard HMAS Success between March and May 2009 and Subsequent Events, Australian Parliament, Canberra, September 201 1
Senate Foreign Affairs, Defence and Trade Legislation Committee, Reforms to Australia's Military Justice System-first progress report, Australian Parliament, Canberra, August 2006
Senate Foreign Affairs, Defence and Trade References Committee, The Effectiveness of Australia's Military Justice System, Australian Parliament, Canberra, June 2005
Senate Standing Committee on Foreign Affairs, Defence and Trade, Reforms to Australia's Military Justice System-fourth progress report, Australian Parliament, Canberra, September 2008
Senate Standing Committee on Foreign Affairs, Defence and Trade, Reforms to Australia's Military Justice System-second progress report, Australian Parliament, Canberra, March 2007
Part Three: Further Recommendations
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Senate Standing Committee on Foreign Affairs, Defence and Trade, Reforms to Australia's Military Justice System-third progress report, Australian Parliament, Canberra, September 2007
Sex Discrimination Commissioner, Report on the Review into the Treatment of Women at the Australian Defence Force Academy: Phase 1 of the Review into the Treatment of Women in the Australian Defence Force, HREOC, Sydney, 21 October 201 1
Street, The Hon. Sir L & Fisher, Air Marshal L, Report of the Independent Review on the Health of the Reformed Military Justice System, Department of Defence, Canberra, January 2009
Technical Panel HUM-TP3, An Examination of Mechanisms of Complaint and Grievance Resolution Across TTCP Nations, Technical Cooperation Program research report, National Defence Headquarters, Ottawa, May 2008
Western Australian Coroner, 'Report of the Investigation of the HMAS Westralia Fire', WA Coroner, Perth, 2001,2002-2003
Annual reports
Inspector General Australian Defence Force, Annual Report on the Operations of the Office of the Inspector General Australian Defence Force for the Period 1 January 2010 to 31 December 2010, Department of Defence, Canberra, July 201 1
Judge Advocate General, Annual reports for each of the years from 1986 to 2010
Commentary, texts, articles and other
Acting Chief of Army, Army Response to Success Questions, Department of Defence, Canberra, 28 May 2010
Acumen Alliance, The Defence Legal Sewice: board of inquiry management audit, Acumen Alliance, Canberra, October 2003
Aronson, M , Dyer, B, & Groves, M, Judicial Review of Administration, 4th edn, Lawbook Co., Sydney, 2009, pp. 556-565
AS IS0 10002-2006 Customer Satisfaction-guidelines for complaints handling in organizations (IS0 10002-2004), 5 April 2006
Australian Parliament, Government Guidelines for Official Witnesses before Parliamentary Committees and Related Matters, Australian Parliament, Canberra, November 1989
Australian Human Rights Commission, Developing and Implementing Internal Complaints Procedure, Fact sheet, AHRC, Sydney, 201 1
HMAS Success Commission of Inquiry
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Australian Public Service Commission, Managing Breaches in the APS Code of Conduct, 2nd edn, APSC, Canberra, 2002
Ballard, A, 'Sexual assault prevention and intervention in a military environment', Churchill Fellowship paper, 2009
Buckingham, A, A Brief History of Australian Military Law, http://home.iprimus.com.aulbuckomp/BriefHisustralianMilLaw.htm, November 201 1
Buckley, R, 'Women in submarines: an investigation of the problems and processes of the introduction of female personnel into the Australian military's submarine fleet', Paper submitted to University of Canberra, 1998
Burton, C, Women in the Australian Defence Force, Defence Centre, Canberra, 1996
Butterworths, Australian Corporation Law Principles and Practice, Butterworths, Sydney, [15.2.0070] to [I 5.2.00801
Chief of Air Force, 'Letter to HMAS Success Commission of Inquiry', 2 June 2010
Chief of Army, 'Submission to HMAS Success Commission of Inquiry', 16 August 201 1
Chief of Navy, 'Submission to the HMAS Success Commission of Inquiry-Vice Admiral RH Crane, AO, CSM, RAN', 2 June 2010
Comcare, Preventing and Managing Bullying at Work: a guide for employers, Comcare, Canberra, 201 1
Commonwealth Ombudsman, 'Submission by the Acting Commonwealth Ombudsman to the HMAS Success Commission of Inquiry', 7 June 2010
Department of Defence, System of Defence Instructions (SoDI) Framework Review and Proposal, Department of Defence, Canberra, June 201 1
Department of Defence, 'Better Working Relationships in the Navy-a submission by the Royal Australian Navy to an inquiry by the Senate Standing Committee on Foreign Affairs, Defence and Trade', 12 November 1993
Department of Defence, 'Better Working Relationships in the Navy-a submission update by the Royal Australian Navy to an inquiry by the Senate Standing Committee on Foreign Affairs, Defence and Trade', 3 February 1994
Department of Defence, Chiefs of Staff Committee Agendum, 'Retention of women in the Australian Defence Force', Department of Defence, Canberra, 2007
Director General Fairness and Resolution, 'Questionnaire relating to HMAS Success Commission of Inquiry', 20 May 2010
Part Three: Further Recommendations
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Director General Fairness and Resolution, 'Submission to the HMAS Success Commission of Inquiry', 21 May 2010
Director General Navy People, 'Letter to HMAS Success Commission of Inquiry', 29 April 201 0
Director of Army Legal Services, 'DALS responses to HMAS Success Commission of lnquiry questionnaire', 1 June 2010
Directorate of Strategic Personnel Policy Research, Unacceptable Behaviour Survey- 2009 (ADF and APS), Report 01/2010, Department of Defence, Canberra, April 201 0
Gordon, Magistrate J, 'Chaplains and confidentiality: a paper', Brisbane, 2008
Goyne, A, 'It's lonely at the top: career progression for female officers in the Australian Defence Force', Australian Defence Force Journal, no. 177, 2008, pp. 3 2 4 3
Groves, M, 'The civilianisation of Australian military law', University of New South Wales Law Journal, vol. 28, no. 2, 2005, p. 364
Hall, Justice PM, 'The role of counsel assisting in commissions of inquiry', Bar News, Winter, 2005
Halsbury's Laws of Australia, 'Contempt', vol. 5, [ I 05-3351 to [105-3701, Butteworths, Sydney
Head of Defence Legal, 'Letter to HMAS Success Commission of Inquiry', 28 May 2010
Healy, FB, 'The military justice system in Australia', The Air Force Law Review, no. 52, 2002, pp. 93-136
'HMAS Success: report of proceedings', April 2009
'HMAS Success: report of proceedings', June 2009
'HMAS Success: report of proceedings', March 2009
'HMAS Success: report of proceedings', May 2009
Horner, D, Evolution of Australian Higher Command Arrangements, Strategic and Defence Studies Centre, Australian National University, Canberra, 2002
Horner, D, Towards a Philosophy of Australian Command, Strategic and Defence Studies Centre, Australian National University, Canberra, 2002
House of Representatives, Hansard, Defence Legislation Amendment Bill 1995-Second Reading, Mr G Punch, 31 May 1995
HMAS Success Commission of Inquiry
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Inspector General Australian Defence Force, 'Submission to the HMAS Success Commission of Inquiry', 16 June 2010
Jones, Lieutenant Commander P, 'Refine before reform: the management of change within the Navy', Journal of the Australian Naval Institute, November 1994lJanuary 1995, pp. 51-6
Jones, Lieutenant Commander P, 'Women in surface combatants', Journal of the Australian Naval Institute, November 1993, pp. 23-8
Jones, M, 'Judicial review of administrative action against members of the Australian Defence Force: can a warrior win in court?' Australian Journal ofAdministrative Law, vol. 13, no. 1, 2005, pp. 8 4 6
Moore, C, 'Militaries as wielders of executive power: the Australasian and Melanesian militaries and their formal relationship with government', New Zealand Armed Forces Law Review, vol. 8, no. 21, 2008, pp. 21-46
National Health and Medical Research Council, Australian Guidelines to Reduce Health Risks from Drinking Alcohol, N HMRC, Canberra, February 2009
Peek, Vice Admiral Sir R, 'Women at sea', The Navy, October-December, 1990, p. 12
Prasser, S, Royal Commissions and Public Inquiries in Australia, LexisNexis Butterworths, Sydney, 2006
Quinn, K, Sexual Harassment in the Australian Defence Force, Defence Centre, Canberra, 1996
Senate, Hansard, Defence Legislation Amendment Bill 1984--Second Reading, Senator G Evans, 5 September 1984
Sly, Lieutenant S, 'Women at sea: a personal view', Journal of the Australian Naval Institute, November 1992, pp. 27-8
Sneath, F RAN, 'How can a unified framework for responding to allegations of sexual offences be implemented throughout the Australian Defence Force?' Strategic Policy Review Proposal, 201 1
Solomon, Chief Petty Officer MP, 'Women in submarines: special needs students? Discussion paper, Royal Australian Navy Submarine School, Western Australia, n.d.
Spurgin, Lieutenant B, 'Money, guns and women: reflections on the RAN'S Good Working Relations Program', Journal of the Australian Naval Institute, NovemberlDecember 1996, pp. 15-16
Walbank, K, 'Female officers in the RAN: problems and prospects', Journal of the Australian Naval Institute, August 1992, pp. 11-14
Part Three: Further Recommendations
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White, Hon. Justice M , 'The executive and the military' University of New South Wales Law Journal, vol. 28, no. 2, 2005, p. 438
Law cases
ABC v Dl [2007] VSC 480
Ainsworth v Criminal Justice Commission (1992) 175 CLR 564
Anderson v Sullivan, Allen & Lawler (1997) 148 ALR 633
Annetts v McCann (1 990) 170 CLR 596
Anon 2 v XYZ [2008] VSC 466
Apache Northwest Pty Ltd v Agostini (No 2) [2009] WASCA 231
Atkin v Willie (2011) 281 ALR 378
A WB Limited v Cole and Another (2006) 232 ALR 743
Bayeh v Attorney General (NSW) (1995) 82 A Crim R 270
Bromet v Oddie [2002] FCA 1 148
Bromet v Oddie [2003] FCAFC 21 3
Commonwealth v Quince (1944) 68 CLR 227
Commonwealth v Welsh (1947) 74 CLR 245
Council for Civil Service Unions v Minister for the Civil Service [ I 9851 AC 374
Farey v Burvett [ I 91 61 HCA 36
Food Improvers Pty Ltd v BGR Corporation Pty Ltd (No. 2) (2006) 232 ALR 674
Habib v Director-General of Security (2009) 255 ALR 209
Herald and Weekly Times Ltd v Psychologists Registration Board of Victoria [ I 9981 VSC 141
Herald and Weekly Times v Magistrates' Court [ I 9991 VSC 136
Independent Commission Against Corruption v Chaffey (1993) 30 NSWLR 21
JN Taylor Holdings Ltd (in liq), Re [2007] SASC 193
John Fairfax Group Pty Ltd v Local Court of New South Wales (1991) 26 NSWLR 131
HMAS Success Commission of Inquiry 149
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Kingham v Cole (2002) 190 ALR 679
Kioa v West (1985) 159 CLR 550
Lohse v Arthur (No 3) [2009] FCA 1 11 8
Marks v Commonwealth (1964) 11 1 CLR 549
Martincevic v Commonwealth of Australia [2007l FCAFC 164
McManus v Scoff-Charlton (1996) 140 ALR 625
Millar v Bomholt (2009) 257 ALR 263
Mirror Newspaper Pty Ltd v Waller (1 985) 1 NSWLR 1
Nash v von Doussa [2005] FCA 660
Nelson v Commonwealth of Australia [2002] QSC 274
New South Wales Commissioner of Police v Nationwide News Pty Ltd [2007] NSWCA 366
Pervan v Frawley [201 I ] TASSC 27
Plaintiff M61MOlOE v Commonwealth of Australia; Plaintiff M69 of 2010 v Commonwealth of Australia 1201 01 HCA 41
Police Service Board v Mom's & Martin [ I 9851 HCA 9
R (Howard) v Secretary of State for Health [2003] QB 830
R (Persey and others) v Secretafy of State for the Environment, Food and Rural Affairs [2003] QB 794
R v Commissioner of Police; ex parte Ramsay (1 993) 2 Qd R 171
R v Ogawa [2009] QCA 307
Re Bany Saunders v the Commissioner of Taxation of the Commonwealth Of Australia [ I 9881 FCA 136
Re Manion's Appeal (1 962) 9 FLR 91
Re Schneider's Appeal (1 958) 8 FLR 31 4
Re Tracey; ex parte Ryan (1 989) 166 CLR 51 8
Shrimpton v Commonwealth (1945) 69 CLR 61 3
Part Three: Further Recommendations
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South Australia v O'Shea (1987) 163 CLR 378
Stuart v Brown SM (unreported, Supreme Court of Western Australia, Wallwork J , 30 April 1996)
SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63
Tuqiri v Australian Rugby Union Ltd [2009] NSWSC 781
White v Director of Militaly Prosecutions (2007) 231 CLR 570
X v McDermott (1 994) 123 ALR 226
HMAS Success Commission of lnquity