Mr Speaker,
In 2016 the Inspector-General of the Australian Defence Force commissioned a judicial officer, Major General the Honourable Paul Brereton AM RFD, to undertake an inquiry into events in Afghanistan. This followed rumours of serious misconduct by members of the Special Operations Task Group in Afghanistan over the period 2005 to 2016.
Between 12 May 2016 and 29 October 2020 Major General Brereton and his team conducted 510 interviews in Australia and Afghanistan, encompassing approximately 2500 hours of testimony which in turn are recorded in over 60,000 pages of evidence. These interviews were undertaken on the basis that what was said could not be used in a court of law, which Major General Brereton believed was crucial in encouraging those involved to share what they knew.
The inquiry’s work was thorough, forensic and remarkable. What resulted was a 3255 page report which has come to be known as the Brereton Report.
At the outset, I want to place on record the Government’s thanks for the extraordinary work of Major General Brereton and his team. He has provided the nation with the opportunity to do all that we can to make right a terrible wrong. Australia owes him and his team a debt of gratitude.
The Brereton Report concluded there was credible information of unlawful conduct; the most disturbing of which was the identification of 23 incidents involving 25 Australian Special Forces personnel.
These incidents related to the alleged unlawful killing of 39 people by, or involving Australian Defence Force members as well as the alleged mistreatment of two individuals.
The Report also concluded there was credible information of a sub-culture of elitism and deviation from acceptable standards which was normalised over time and into which more junior personnel were inculcated.
These were findings of the most serious, disturbing and consequential nature. They warranted the most serious, considered and thorough response.
On the 6th of November 2020, the Chief of the Defence Force (CDF) received the Brereton Report from the Inspector General Australian Defence Force, announcing the findings two weeks later.
The CDF acknowledged the allegations of grave misconduct by some members of the Special Operations Task Group on operations in Afghanistan and apologised to the people of Afghanistan and the people of Australia.
The Brereton Report made a broad range of findings and 143 recommendations.
Defence accepted all of the Brereton Report’s findings.
Since 2020 Defence has addressed the recommendations, and implemented a comprehensive plan at a systemic, organisational and cultural level. This has occurred across the tenure of both Labor and Coalition Governments. The implementation of the Brereton Report has essentially been bi-partisan. And I acknowledge the efforts of the former Coalition Government for its part in giving effect to the Brereton Report.
In July 2021, a dedicated team was established within Defence with a mandate to implement the recommendations of the Brereton Report, to examine the root causes of the conduct identified, and to develop and embed within Defence measures to ensure that reform was both effective and enduring. This team and its work were called the Afghanistan Inquiry Reform Program (AIRP).
The AIRP sought to address the past by taking appropriate action to deal with organisational, collective and individual responsibility for failure and wrongdoing.
It also sought to prevent recurrence by building the best possible Defence organisation for the future through comprehensively understanding and addressing the heart of these failures and wrongdoing. It sought to develop the systems, culture and accountability that will ideally prevent departures from required standards in the future, but – if departures do occur – to ensure that these are promptly detected and dealt with.
The work of the AIRP was reported publicly on the Defence Afghanistan Inquiry website on a quarterly basis.
Reforms delivered by the AIRP addressed the critical issues identified in the Brereton Report’s recommendations. These encompassed leadership development and command arrangements; ethics, character, and culture; the Law of Armed Conflict and the protection of civilians; health and wellbeing; reporting and investigations; and information, data and records management.
The work of the AIRP and all other aspects of Defence’s response to the Brereton Report were overseen by the members of the independent Afghanistan Inquiry Implementation Oversight Panel, which reported to me and my predecessors on a quarterly basis.
I take this opportunity to thank the members of the Oversight Panel for their diligence in ensuring the proper implementation of these vital reforms.
Following our election in 2022, the Albanese Labor Government committed to the full implementation of the recommendations of the Brereton Report. At that time, there were 42 recommendations yet to be completed.
In implementing the recommendations, we determined to undertake a thorough and robust process. We were unapologetic in taking the necessary time to ensure that each of the recommendations and each of the processes were fully completed.
When the Oversight Panel needed an additional 12 months to complete its work, the Government granted it. Without reservation, we adopted the work of the AIRP as our own and committed to seeing it through.
Two of the outstanding recommendations of the Brereton Report related to command accountability of commanders during the relevant period. The last step on closing out these two recommendations was me writing to relevant commanders about my decision in relation to medals awarded to them as part of their service during periods proximate to the incidents which are at the heart of the Brereton Report. I have now written these letters. My decisions on this matter are consistent with the findings and recommendations of the Brereton Report. In accordance with obligations owed to individuals involved, including under the Privacy Act, I am prohibited from disclosing the details and outcomes.
This is the final step in Government action emanating from the Brereton Report.
Accordingly, of the 143 recommendations in the Brereton Report, 139 of these recommendations are now closed.
To address the issues raised in the Brereton Report, an Office of the Special Investigator was established to prepare any prosecutions that arise as a result of the findings. The Office of the Special Investigator is independent and sits within the portfolio of the Attorney-General. Its work happens at arms-length from the Government.
The four remaining recommendations remain on hold, pending investigations by the Office of the Special Investigator.
Our Government recognised the utmost importance of the work of the AIRP and the Oversight Panel to the past, present and future of the Australian Defence Force. Delivering the recommendations to the fullest possible extent has been essential to restoring the full faith and confidence of the nation in the ADF.
The Oversight Panel has expressed confidence that Defence has now delivered the wide-ranging and complex reform plan to the level and standard required by the Government.
Accordingly, today I advise the House that the work of the Afghanistan Inquiry Reform Program has formally concluded and with this the Government formally closes its response to the Brereton Report.
I wish to thank everyone who gave evidence to Major General Brereton’s inquiry. In many cases this involved great moral courage. Bravery comes in different forms. In speaking out, there were acts of bravery which rank in the highest echelon. All that we know and all that has since been done to address the wrongs of the past so that we can truly honour the sacred service of our defence force personnel is built upon the evidence which was given: the brave individual decisions to speak the truth. These people, whose names are not heralded, have changed our country for the better. Today we honour them.
I also thank all those who contributed their time and expertise to the development and implementation of the AIRP.
