Federal Register of Legislation - Australian Government

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Regulations as made
This instrument continues the implementation of progressive changes to the ADF military justice system. It will achieve this by clarifying and enhancing the independence, powers and functions of the Inspector-General ADF.
Administered by: Defence
Registered 30 Sep 2016
Tabling HistoryDate
Tabled HR10-Oct-2016
Tabled Senate10-Oct-2016

 

Inspector‑General of the Australian Defence Force Regulation 2016

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 28 September 2016

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Marise Payne

Minister for Defence

  

  

  


Contents

Part 1—Preliminary                                                                                                                                1

1             Name                                                                                                                      1

2             Commencement                                                                                                      1

3             Authority                                                                                                                1

4             Definitions                                                                                                              1

Part 2—Functions of the Inspector‑General ADF                                                               2

5             Functions of the Inspector‑General ADF                                                               2

Part 3—Inquiry officers, inquiry assistants and Assistants IGADF                         3

Division 1—Eligibility for appointment                                                                                 3

6             Eligibility for appointment as an inquiry officer, inquiry assistant or Assistant IGADF          3

Division 2—Roles, functions and powers                                                                              4

7             Operation of this Division                                                                                      4

8             Role of an inquiry officer                                                                                        4

9             Role of an inquiry assistant                                                                                     4

10           Role of an Assistant IGADF                                                                                  4

11           Inquiry may involve multiple officers                                                                     5

Part 4—Conduct of inquiries                                                                                                            6

Division 1—General                                                                                                                         6

12           Operation of this Part                                                                                              6

13           Concurrent inquiries                                                                                               6

14           Scope of inquiries conducted by inquiry officers or Assistants IGADF                6

15           Change of inquiry personnel                                                                                   6

16           Completion of inquiries                                                                                          7

Division 2—Procedure                                                                                                                    8

17           Procedure generally                                                                                                8

18           Times and places for conduct of inquiries                                                               8

19           Conduct of inquiries in public or private                                                                 8

20           Legal representation at inquiries                                                                              8

21           Directions regarding disclosure of evidence                                                           8

Division 3—Information gathering powers                                                                       10

22           Power to require members of the Defence Force to give information, produce documents or answer questions etc.                                                                                                                              10

23           Power to require a person to give information, produce documents or answer questions etc.  10

24           Powers that may be exercised by inquiry officers and Assistants IGADF           11

Division 4—Reports and recommendations                                                                      13

25           Report by inquiry officer or Assistant IGADF                                                     13

26           Further report by inquiry officer or Assistant IGADF                                         13

27           Report by Inspector‑General ADF                                                                       14

28           Public release of reports                                                                                        15

Division 5—Offences etc.                                                                                                            16

29           Failure to answer questions etc.                                                                            16

30           Contempt etc.                                                                                                        16

31           Taking reprisals                                                                                                    17

Division 6—Miscellaneous                                                                                                          18

32           Self‑incrimination                                                                                                 18

33           Protection from liability in civil proceedings                                                         18

34           Witness expenses                                                                                                  18

Part 5—Conduct of performance reviews                                                                              19

35           Operation of this Part                                                                                            19

36           Reasonable assistance in relation to the conduct of performance reviews             19

 


Part 1Preliminary

  

1  Name

                   This is the Inspector-General of the Australian Defence Force Regulation 2016.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

1 October 2016.

1 October 2016

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Defence Act 1903.

4  Definitions

                   In this instrument:

Act means the Defence Act 1903.

Assistant IGADF means a person appointed as an Assistant IGADF under section 110P of the Act.

inquiry assistant means a person appointed as an inquiry assistant under section 110P of the Act.

inquiry officer means a person appointed as an inquiry officer under section 110P of the Act.

service police officer has the same meaning as in the Defence Force Discipline Act 1982.

Part 2Functions of the Inspector‑General ADF

  

5  Functions of the Inspector‑General ADF

                   For paragraph 110C(1)(g) of the Act, the Inspector‑General ADF has the following functions:

                     (a)  to inquire into the death of a member of the Defence Force, where the relevant death appears to have arisen out of, or in the course of, the member’s service in the Defence Force;

                     (b)  to inquire into complaints made by members of the Defence Force under Part 7 of the Defence Regulation 2016;

                     (c)  to inquire into or investigate complaints relating to service police officers;

                     (d)  to advise on, or determine, the procedure for handling complaints relating to service police officers, including conducting audits of the implementation of the complaint‑handling procedure.

Note:          For other functions of the Inspector‑General ADF, see section 110C of the Act.

Part 3Inquiry officers, inquiry assistants and Assistants IGADF

Division 1Eligibility for appointment

6  Eligibility for appointment as an inquiry officer, inquiry assistant or Assistant IGADF

             (1)  For subsection 110P(2) of the Act, the following persons are eligible to be appointed as an inquiry officer, inquiry assistant or Assistant IGADF:

                     (a)  a member of the Defence Force, of any rank;

                     (b)  an APS employee, of any classification (including an SES employee or an acting SES employee);

                     (c)  any other person who has agreed, in writing, to the appointment.

Note:          The Inspector‑General ADF may appoint inquiry officers, inquiry assistants and Assistants IGADF under subsection 110P(1) of the Act.

             (2)  However, a person is not eligible to be appointed as an inquiry officer, inquiry assistant or Assistant IGADF in relation to an inquiry into a matter:

                     (a)  that relates to the conduct of the person; or

                     (b)  in relation to which the person is likely to be required to give evidence or produce documents or things.

Division 2Roles, functions and powers

7  Operation of this Division

                   For subsection 110P(3) of the Act, this Division sets out matters relating to the roles, functions and powers of inquiry officers, inquiry assistants and Assistants IGADF.

Note:          Part 4 also sets out matters relating to the roles, functions and powers of inquiry officers, inquiry assistants and Assistants IGADF.

8  Role of an inquiry officer

             (1)  An inquiry officer must:

                     (a)  inquire into the matter for which he or she is appointed; and

                     (b)  report to the Inspector‑General ADF about the matter.

             (2)  The Inspector‑General ADF may, in writing, authorise an inquiry officer to make recommendations resulting from the inquiry officer’s findings.

9  Role of an inquiry assistant

             (1)  An inquiry assistant must help the Inspector‑General ADF, an inquiry officer or an Assistant IGADF to inquire into the matter for which the inquiry assistant is appointed.

             (2)  An inquiry assistant:

                     (a)  may help the Inspector‑General ADF, inquiry officer or Assistant IGADF to collect evidence for the purposes of the inquiry; and

                     (b)  must give to the Inspector‑General ADF, inquiry officer or Assistant IGADF any evidence he or she collects for the purposes of the inquiry.

10  Role of an Assistant IGADF

             (1)  An Assistant IGADF must help the Inspector‑General ADF, on an ongoing basis, to carry out the functions of the Inspector‑General ADF.

             (2)  The Inspector‑General ADF may direct an Assistant IGADF, orally or in writing:

                     (a)  to inquire into a matter; or

                     (b)  to help the Inspector‑General ADF, an inquiry officer or another Assistant IGADF to inquire into a matter.

             (3)  However, the Inspector‑General ADF must not direct an Assistant IGADF to inquire into, or to help with an inquiry into, a matter:

                     (a)  that relates to the conduct of the Assistant IGADF; or

                     (b)  in relation to which the Assistant IGADF is likely to be required to give evidence or produce documents or things.

             (4)  If the Inspector‑General ADF directs an Assistant IGADF under subsection (2), the Inspector‑General ADF may authorise the Assistant IGADF, either orally or in writing, to make recommendations resulting from the Assistant IGADF’s finding.

             (5)  The Inspector‑General ADF must make a record of an oral direction or authorisation as soon as practicable after the time the direction or authorisation is given.

11  Inquiry may involve multiple officers

                   The appointment of an inquiry officer, or the giving of a direction to an Assistant IGADF, for a matter does not prevent:

                     (a)  the Inspector‑General ADF from taking part personally in the inquiry into the matter; or

                     (b)  an inquiry assistant from helping with an inquiry.

Part 4Conduct of inquiries

Division 1General

12  Operation of this Part

             (1)  For paragraph 124(1)(h) of the Act, this Part sets out matters relating to the procedures, powers and reporting obligations of the Inspector‑General ADF in respect of inquiries conducted by the Inspector‑General ADF:

                     (a)  on his or her own initiative; or

                     (b)  at the request of an individual; or

                     (c)  at the direction of the Minister or the Chief of the Defence Force.

             (2)  For subsection 110P(3) of the Act, this Part also sets out matters relating to the roles, functions and powers of inquiry officers, inquiry assistants and Assistants IGADF in respect of such inquiries.

13  Concurrent inquiries

                   The Inspector‑General ADF, an inquiry officer or an Assistant IGADF may inquire into a matter whether or not the matter, or something that includes the matter, is the subject of:

                     (a)  another inquiry by the Inspector‑General ADF, an inquiry officer or an Assistant IGADF; or

                     (b)  an inquiry under another complaint handling procedure.

14  Scope of inquiries conducted by inquiry officers or Assistants IGADF

             (1)  The Inspector‑General ADF may give a direction:

                     (a)  adding anything to a matter into which an inquiry officer or an Assistant IGADF is to inquire; or

                     (b)  varying the terms of an inquiry to be conducted by an inquiry officer or an Assistant IGADF.

             (2)  The direction:

                     (a)  if given to an inquiry officer—must be in writing; or

                     (b)  if given to an Assistant IGADF—may be oral or in writing.

             (3)  If the direction is oral, the Inspector‑General ADF must make a record of the direction as soon as practicable after giving it.

             (4)  The inquiry officer or Assistant IGADF must extend, or vary, the inquiry in accordance with the direction from the Inspector‑General ADF.

15  Change of inquiry personnel

             (1)  This section applies if:

                     (a)  an inquiry officer who is appointed to inquire into a matter, or an Assistant IGADF who is directed to inquire into a matter, becomes unavailable to continue the inquiry before giving a report to the Inspector‑General ADF under section 25; or

                     (b)  an inquiry officer or an Assistant IGADF who gives a report to the Inspector‑General ADF under section 25 becomes unavailable:

                              (i)  to inquire further into a matter; or

                             (ii)  to prepare a further report.

             (2)  The Inspector‑General ADF may:

                     (a)  appoint another person as an inquiry officer (the new inquiry officer) to inquire into the matter in place of the inquiry officer or Assistant IGADF who is unavailable; or

                     (b)  direct another Assistant IGADF (the new Assistant IGADF) to inquire into the matter in place of the inquiry officer or Assistant IGADF who is unavailable; or

                     (c)  personally inquire into the matter in place of the inquiry officer or Assistant IGADF who is unavailable.

             (3)  In inquiring into the matter, the new inquiry officer, new Assistant IGADF or Inspector‑General ADF may have regard to:

                     (a)  any record of proceedings made by an inquiry officer or an Assistant IGADF who previously took part in the inquiry; and

                     (b)  any evidence collected by an inquiry assistant or Assistant IGADF even if, after collecting the evidence, the inquiry assistant or Assistant IGADF becomes unavailable to help further with an inquiry.

16  Completion of inquiries

                   An inquiry that has not ended under subsection 110DB(1) of the Act is completed:

                     (a)  if subsection 27(3) or (4) applies—when the Inspector‑General ADF gives the report mentioned in the relevant subsection; or

                     (b)  in any other case—when the Inspector‑General ADF makes the record of the findings of the inquiry mentioned in subsection 27(2).

Division 2Procedure

17  Procedure generally

             (1)  Subject to this instrument, an inquiry is to be conducted in such manner as the Inspector‑General ADF considers appropriate having regard to the subject matter of the inquiry.

             (2)  In conducting an inquiry, the Inspector‑General ADF, an inquiry officer or an Assistant IGADF is not bound by the rules of evidence.

18  Times and places for conduct of inquiries

             (1)  An inquiry is to be conducted at such times, and at such places, as:

                     (a)  for an inquiry conducted by an inquiry officer—the inquiry officer determines; or

                     (b)  for an inquiry conducted by an Assistant IGADF—the Assistant IGADF determines; or

                     (c)  otherwise—the Inspector‑General ADF determines.

             (2)  An inquiry may be conducted either within or outside Australia.

19  Conduct of inquiries in public or private

             (1)  The Inspector‑General ADF may:

                     (a)  direct that all or part of an inquiry is to be conducted in public or private; and

                     (b)  if the inquiry is to be conducted in private—determine the people who can be present at the inquiry.

             (2)  However, an inquiry that is conducted by an inquiry officer must not be conducted in public.

20  Legal representation at inquiries

             (1)  A person who attends an inquiry to answer questions may be accompanied by a lawyer.

             (2)  The person’s lawyer may only address the inquiry at such times as:

                     (a)  for an inquiry conducted by an inquiry officer—the inquiry officer determines; or

                     (b)  for an inquiry conducted by an Assistant IGADF—the Assistant IGADF determines; or

                     (c)  otherwise—the Inspector‑General ADF determines.

21  Directions regarding disclosure of evidence

             (1)  If the Inspector‑General ADF is satisfied that it is necessary to do so in the interests of the defence of the Commonwealth, or of fairness to a person who the Inspector‑General ADF considers may be affected by an inquiry, the Inspector‑General ADF may give a direction restricting the disclosure of the following:

                     (a)  information contained in oral evidence given during the inquiry, whether in public or in private;

                     (b)  all or part of any document received during the course of the inquiry;

                     (c)  information contained in a report about the inquiry that is given to a person under section 27.

             (2)  The Inspector‑General ADF may, in writing, authorise an inquiry officer, or an Assistant IGADF, to give a direction under subsection (1) in relation to an inquiry that the inquiry officer has been appointed to conduct, or that the Assistant IGADF has been directed to conduct.

             (3)  A person commits an offence if the person contravenes a direction given under subsection (1).

Penalty:  10 penalty units.

Division 3Information gathering powers

22  Power to require members of the Defence Force to give information, produce documents or answer questions etc.

             (1)  This section applies in relation to any inquiry conducted by the Inspector‑General ADF, an inquiry officer or an Assistant IGADF (other than an inquiry to which section 23 applies).

             (2)  The Inspector‑General ADF may give a notice to a member of the Defence Force under subsection (3) if the Inspector‑General ADF has reason to believe that the member has information or a document or thing that is relevant to the inquiry.

Note:          See section 24 for when an inquiry officer or Assistant IGADF may exercise this power.

             (3)  The Inspector‑General ADF may, by written notice given to the member, require the member:

                     (a)  to give any such information to the Inspector‑General ADF, an inquiry officer or an Assistant IGADF; or

                     (b)  to produce any such document or thing to the Inspector‑General ADF, an inquiry officer or an Assistant IGADF; or

                     (c)  to appear before the Inspector‑General ADF, an inquiry officer or an Assistant IGADF to answer questions.

Note:          For self‑incrimination, see section 32.

             (4)  The notice must:

                     (a)  if paragraph (3)(a) or (b) applies:

                              (i)  specify the period (which must be at least 14 days after the notice is given to the member) within which the member is required to comply with the notice; and

                             (ii)  specify the manner in which the member is required to comply with the notice; and

                     (b)  if paragraph (3)(c) applies—specify a time and place at which the member is to appear; and

                     (c)  in any case—state the effect of section 29 (offence for failure to comply).

Oath or affirmation

             (5)  The Inspector‑General ADF may require answers provided under paragraph (3)(c) to be verified by, or given on, oath or affirmation and either orally or in writing.

             (6)  The Inspector‑General ADF, or the inquiry officer or Assistant IGADF to whom information or answers are verified or given, may administer the oath or affirmation.

23  Power to require a person to give information, produce documents or answer questions etc.

             (1)  This section applies in relation to the following kinds of inquiry:

                     (a)  an inquiry into the death of a member of the Defence Force, where the relevant death appears to have arisen out of, or in the course of, the member’s service in the Defence Force;

                     (b)  an inquiry into a matter concerning the Defence Force, if the Minister or the Chief of the Defence Force has directed the Inspector‑General ADF to inquire into the matter.

             (2)  The Inspector‑General ADF may give a notice to a person under subsection (3) if the Inspector‑General ADF has reason to believe that the person has information or a document or thing that is relevant to the inquiry.

Note:          See section 24 for when an inquiry officer or an Assistant IGADF may exercise this power.

             (3)  The Inspector‑General may, by written notice given to the person, require the person:

                     (a)  to give any such information to the Inspector‑General ADF, an inquiry officer or an Assistant IGADF; or

                     (b)  to produce any such document or thing to the Inspector‑General ADF, an inquiry officer or an Assistant IGADF; or

                     (c)  to appear before the Inspector‑General ADF, an inquiry officer or an Assistant IGADF to answer questions.

Note:          For self‑incrimination, see section 32.

             (4)  The notice must:

                     (a)  if paragraph (3)(a) or (b) applies:

                              (i)  specify the period (which must be at least 14 days after the notice is given to the person) within which the person is required to comply with the notice; and

                             (ii)  specify the manner in which the person is required to comply with the notice; and

                     (b)  if paragraph (3)(c) applies—specify a time and place at which the person is to appear; and

                     (c)  in any case—state the effect of section 29 (offence for failure to comply).

Oath or affirmation

             (5)  The Inspector‑General ADF may require answers provided under paragraph (3)(c) to be verified by, or given on, oath or affirmation and either orally or in writing.

             (6)  The Inspector‑General ADF, or the inquiry officer or Assistant IGADF to whom information or answers are verified or given, may administer the oath or affirmation.

24  Powers that may be exercised by inquiry officers and Assistants IGADF

                   The Inspector‑General ADF may, in writing, authorise an inquiry officer, or an Assistant IGADF, to exercise the powers of the Inspector‑General ADF under section 22 or 23 in relation to an inquiry if:

                     (a)  the inquiry officer has been appointed to conduct, or the Assistant IGADF has been directed to conduct, the inquiry; and

                     (b)  the inquiry is of a kind to which section 22 or 23 applies.

Division 4Reports and recommendations

25  Report by inquiry officer or Assistant IGADF

             (1)  If:

                     (a)  an inquiry officer or an Assistant IGADF has conducted an inquiry into a matter and is satisfied that all information relevant to the inquiry that is practicable to obtain has been obtained; and

                     (b)  a decision has not been made to end the inquiry under subsection 110DB(1) of the Act;

the inquiry officer or Assistant IGADF must prepare a report.

             (2)  The report must:

                     (a)  set out the findings of the inquiry officer or Assistant IGADF in relation to the inquiry; and

                     (b)  if the inquiry officer or Assistant IGADF is authorised to make recommendations—any recommendations that the inquiry officer or Assistant IGADF thinks appropriate to make because of those findings.

Note:          An inquiry officer or an Assistant IGADF may only make recommendations if authorised to do so by the Inspector‑General ADF (see sections 8 and 10).

             (3)  The report must be accompanied by:

                     (a)  a copy of the transcript or other record of any oral evidence taken during the inquiry; and

                     (b)  a copy of each document accepted as evidence during the inquiry; and

                     (c)  a list of all other things that were produced to the inquiry with information about where each thing is located.

             (4)  The inquiry officer or Assistant IGADF must give the report to the Inspector‑General ADF as soon as practicable.

26  Further report by inquiry officer or Assistant IGADF

             (1)  If:

                     (a)  an inquiry officer or an Assistant IGADF has given the Inspector‑General ADF a report under section 25; and

                     (b)  the Inspector‑General ADF considers that the inquiry officer or Assistant IGADF should inquire further, and prepare a further report, in relation to the matter to which the inquiry relates;

the Inspector‑General ADF may direct the inquiry officer or Assistant IGADF accordingly and must specify in the direction the matters with which the further report is to deal.

Note:          See section 15 for what happens if an inquiry officer or Assistant IGADF becomes unavailable.

             (2)  If the Inspector‑General ADF directs an inquiry officer or an Assistant IGADF under subsection (1):

                     (a)  compliance with the direction is an additional function of the inquiry officer or Assistant IGADF in relation to the inquiry; and

                     (b)  helping further with the inquiry is an additional function of an inquiry assistant in relation to the inquiry.

             (3)  The further report must be accompanied by:

                     (a)  a copy of the transcript or other record of any oral evidence taken during the further inquiry; and

                     (b)  a copy of each document accepted as evidence during the further inquiry; and

                     (c)  a list of all other things that were produced to the inquiry with information about where each thing is located.

             (4)  The inquiry officer or Assistant IGADF must give the further report to the Inspector‑General ADF as soon as practicable.

27  Report by Inspector‑General ADF

             (1)  This section applies if:

                     (a)  an inquiry officer or an Assistant IGADF:

                              (i)  has given the Inspector‑General ADF a report under section 25; and

                             (ii)  if a further report under section 26 is required—has given that report to the Inspector‑General ADF; or

                     (b)  the Inspector‑General ADF has inquired into a matter personally and:

                              (i)  is satisfied that all information relevant to the inquiry that is practicable to obtain has been obtained; and

                             (ii)  a decision has not been made to end the inquiry under subsection 110DB(1) of the Act.

Record of findings

             (2)  The Inspector‑General ADF must:

                     (a)  make a record of the findings in relation to the inquiry; and

                     (b)  include with the record a copy of:

                              (i)  the transcript or other record of any oral evidence taken during the inquiry; and

                             (ii)  any documents accepted as evidence during the inquiry.

Reports

             (3)  If the Minister or the Chief of the Defence Force directed the Inspector‑General ADF to conduct the inquiry, the Inspector‑General ADF must give the Minister or the Chief of the Defence Force (as the case may be) a report about the inquiry, including the findings and any recommendations that the Inspector‑General ADF thinks it appropriate to make.

             (4)  If the Inspector‑General ADF conducts an inquiry into the death of a member of the Defence Force, the Inspector‑General ADF must give the Chief of the Defence Force a report about the inquiry, including the findings and any recommendations that the Inspector‑General ADF thinks it appropriate to make.

Note:          See paragraph 5(a).

             (5)  If the Minister or the Chief of the Defence Force did not direct the Inspector‑General ADF to conduct the inquiry, the Inspector‑General ADF may, if he or she thinks it appropriate to do so:

                     (a)  inform one or more of the following persons of the findings in relation to the inquiry:

                              (i)  the Minister;

                             (ii)  the Chief of the Defence Force;

                            (iii)  a service chief;

                            (iv)  an employee of the Department;

                             (v)  a member of the Defence Force;

                            (vi)  a person who is affected by a submission or the inquiry (whether or not the person made a submission); or

                     (b)  give one or more of those persons a report about the inquiry, including the findings and any recommendations that the Inspector‑General ADF thinks it appropriate to make.

             (6)  A report mentioned in subsection (3), (4) or paragraph (5)(b) may be accompanied by a copy of:

                     (a)  the transcript or other record of any oral evidence taken during the inquiry; and

                     (b)  any document accepted as evidence during the inquiry.

             (7)  A report given to a person under paragraph (5)(b) need not include information that the Inspector‑General ADF considers inappropriate for any of the following reasons:

                     (a)  considerations of privacy;

                     (b)  the person’s responsibilities;

                     (c)  the person’s interest in the matter;

                     (d)  the information is classified or relates to national security;

                     (e)  the relevance of the information to other information considered not appropriate for the person because of paragraph (a), (b), (c) or (d).

28  Public release of reports

             (1)  If, under subsection 27(3), the Minister or the Chief of the Defence Force is given a report about an inquiry, the Minister or Chief of the Defence Force (as the case may be) may publicly release all or part of the report.

             (2)  If, under subsection 27(4), the Chief of the Defence Force is given a report about an inquiry, the Chief of the Defence Force may, following consultation with the Inspector‑General ADF, publicly release all or part of the report.

             (3)  If, under paragraph 27(5)(b), the Inspector‑General ADF gives a person a report about an inquiry, the Inspector‑General ADF may publicly release all or part of the report.

Division 5Offences etc.

29  Failure to answer questions etc.

             (1)  A person commits an offence if:

                     (a)  the person is given a notice under subsection 22(3) or 23(3); and

                     (b)  the person fails to comply with the notice.

Penalty:  10 penalty units.

             (2)  Subsection (1) does not apply if the person considers, on reasonable grounds, that complying with the notice may be prejudicial to the defence of the Commonwealth.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3 (3) of the Criminal Code).

30  Contempt etc.

             (1)  This section applies in relation to any inquiry conducted by the Inspector‑General ADF, an inquiry officer or an Assistant IGADF.

             (2)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the person’s conduct insults the Inspector‑General ADF, an inquiry officer or an Assistant IGADF in the course of an inquiry.

Penalty:  10 penalty units.

             (3)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the person’s conduct disturbs or interrupts the proceedings of an inquiry.

Penalty:  10 penalty units.

             (4)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the person’s conduct would, if an inquiry were a court of record, constitute a contempt of that court.

Penalty:  10 penalty units.

             (5)  Where the Inspector‑General ADF, an inquiry officer or an Assistant IGADF considers that a person has, during the proceedings of an inquiry, engaged in conduct mentioned in any of subsections (2) to (4), the Inspector‑General ADF, inquiry officer or Assistant IGADF may direct that the person be removed from the place where the proceedings are being held.

             (6)  The removal of a person from a place under subsection (5) does not preclude the institution of proceedings against the person for an offence against any of subsections (2) to (4).

31  Taking reprisals

             (1)  A person commits an offence if the person prevents or dissuades another person from giving information, producing a document or thing, or answering questions, for the purposes of an inquiry conducted by the Inspector‑General ADF, an inquiry officer or an Assistant IGADF.

Penalty:  10 penalty units.

             (2)  A person commits an offence if the person causes another person to be victimised, penalised or prejudiced in some way for giving information, producing a document or thing, or answering questions, for the purposes of an inquiry conducted by the Inspector‑General ADF, an inquiry officer or an Assistant IGADF.

Penalty:  10 penalty units.

             (3)  In a prosecution for an offence against subsection (1) or (2), it is not necessary to prove that the other person gave any information, produced any document or thing or answered any questions for the purposes of an inquiry conducted by the Inspector‑General ADF, an inquiry officer or an Assistant IGADF.

Division 6Miscellaneous

32  Self‑incrimination

             (1)  A person is not excused from giving information, producing a document or thing or answering a question under section 22 or 23 on the ground that the information, the production of the document or thing, or the answer to the question, might tend to incriminate the person or expose the person to a penalty.

             (2)  However, in the case of an individual:

                     (a)  the information given or the document or thing produced; and

                     (b)  giving the information or producing the document or thing; and

                     (c)  any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document or thing;

are not admissible in evidence against the individual in any civil or criminal proceedings in any federal court or court of a State or Territory, or proceedings before a service tribunal, other than proceedings by way of a prosecution for giving false testimony that relates to section 22 or 23.

Note:          For immunity in relation to the use and the derivative use of a statement or disclosure made in the course of giving evidence, the making of the statement or disclosure, and any information, document or thing obtained as a direct or indirect consequence of making the statement or disclosure, see subsection 124(2CA) of the Act.

             (3)  Despite subsection (1), a person is not required to answer a question if the answer to the question might tend to incriminate the person in respect of an offence with which the person has been charged and in respect of which the charge has not been finally dealt with by a court or otherwise disposed of.

33  Protection from liability in civil proceedings

                   Civil proceedings do not lie against a person for loss, damage or injury of any kind suffered by another person by reason of any of the following acts done in good faith:

                     (a)  the making of a submission to the Inspector‑General ADF, an inquiry officer or an Assistant IGADF;

                     (b)  the making of a statement to, or the giving of a document or information to, the Inspector‑General ADF, an inquiry officer or an Assistant IGADF as a part of, or in connection with, a submission.

34  Witness expenses

                   A person (other than a member of the Defence Force) who attends an inquiry in accordance with a notice given under section 23 is entitled to be paid a reasonable allowance for expenses incurred by the person for transport, meals and accommodation in connection with attending the inquiry.

Part 5Conduct of performance reviews

  

35  Operation of this Part

                   For paragraph 124(1)(h) of the Act, this Part sets out matters relating to the procedures and powers of the Inspector‑General ADF in respect of performance reviews of the military justice system, including internal audits, conducted by the Inspector‑General ADF.

36  Reasonable assistance in relation to the conduct of performance reviews

                   The Inspector‑General ADF may require a member of the Defence Force, or an employee of the Department, to give all reasonable assistance in connection with the conduct of a performance review of the military justice system, including an internal audit.