Defence response FAQ

The Afghanistan Inquiry Reform Plan (the Reform Plan) was publicly released on 30 July 2021.

The Reform Plan (PDF, 6.5MB) is available to download.

The Afghanistan Inquiry made a broad range of findings and 143 recommendations. Defence accepted the Inspector-General’s findings and addressed all of the recommendations within its remit.

Following the release of the report, a conscious decision was made by Defence to categorise recommendations into discrete work packages against 2 objectives: 

Objective 1: Address the past: Consider and take appropriate action to address organisational, collective and individual responsibility for past failures and wrong doing.

Objective 2: Prevent recurrence: Build the best possible organisation for the future, comprehensively understanding and addressing the root causes of the failures and wrongdoing; and developing the systems, culture and accountability that will prevent, and promptly detect and respond to, departures from required standards.

At this time, Defence has implemented the required action to close 139 of the 143 recommendations.

The 4 outstanding recommendations will remain open pending the outcomes of the Office of the Special Investigator (OSI) joint investigations with the Australian Federal Police (AFP). 

Visit Defence Response for more information.

Defence has undertaken a significant amount of work since the release of the Afghanistan Inquiry report to address past failures and to prevent recurrence. This work has enabled the closure of the agreed Inquiry recommendations and finalisation of the program more broadly. 

At this time, Defence has implemented the required action to close 139 of the 143 recommendations.

The 4 outstanding recommendations will remain open pending the outcomes of the Office of the Special Investigator (OSI) joint investigations with the Australian Federal Police (AFP). The Afghanistan Inquiry Reform Program Closure Report contains a comprehensive overview of Defence’s approach to addressing the Inquiry recommendations. 

Visit Defence Response for more information.

Defence, through the Reform Program, has undertaken a substantial body of work to address the findings and recommendations of the Afghanistan Inquiry and embed sustainable, enduring reform across the organisation.

Key achievements include:

• reform of end-to-end education and training on ethics and character, and delivery of doctrine to inform education and training
• development of command accountability doctrine to better define and improve command accountability within the Australian Defence Force
• review of the Law of Armed Conflict Manual, including improved guidance on the protection of civilians. 
• establishment of an alternative, safe and confidential reporting process for allegations of serious operational incidents
• publishing of a new ADF wide respite policy in Military Personnel Manual (MILPERSMAN) to ensure ADF members are provided with adequate respite between deployments and an update to the process for consideration of waivers
• introduction of Appointment to Command certificates to provide greater accountability of commanders across the entire enterprise.

The Afghanistan Inquiry Reform Program Closure Report provides a detailed overview of work delivered under each initiative. 

Visit Defence Response for more information.

The objective of the Reform Program was not simply to deliver new or improved capability, but rather, to sustainably deliver the capabilities that address a range of specific problems. As such, future assurance will play a pivotal role in providing transparency, accountability and reliability of program outcomes.

Cultural reform of this magnitude takes time to embed and sometimes longer for the benefits of that work to reflect positively in organisational measures of performance. Changing these foundational elements and seeing tangible evidence of that change requires time and effort.

As detailed in the Afghanistan Inquiry Reform Program Closure Report, post closure assurance will include a whole-of program post-implementation audit, and the monitoring and evaluation of selected initiatives that are crucial to success. It will also include the continuation of operational audits featuring regularly in the Defence Internal Audit Work Program.

As part of the Afghanistan Inquiry Reform Program, a number of initiatives are focused on strengthening command accountability into the future, including modernising doctrine, training and assurance mechanisms to better prepare commanders and strengthen the culture of accountability.

In June 2021, the then-Minister for Defence wrote to the then-Chief of the Defence Force (CDF), General Angus Campbell AO DSC, directing him to suspend any consideration of action in relation to personnel who held command positions in the period within the scope of the Afghanistan Inquiry (2005 to 2016).

Consequently, the then-CDF suspended his consideration of command accountability at that time.

The current Government confirmed Defence could recommence action for command accountability. Accordingly, the then-CDF recommenced his consideration of command accountability related to the Afghanistan Inquiry.

The then-CDF of the Defence Force considered the command accountability of current and former serving ADF members who held command positions during the periods in which the Inspector-General found credible information of multiple incidents of alleged unlawful conduct as identified in the Afghanistan Inquiry report.

Persons who held command positions during the periods where there was credible information of alleged unlawful conduct, irrespective of rank, were considered in a consistent manner. These considerations applied to a small group only. All were given the opportunity to respond during the process.

The then-CDF provided the relevant materials to the Deputy Prime Minister (in his capacity as Minister for Defence) for his consideration in May 2023. This concluded Defence’s involvement in the process.

On 12 September 2024, the Deputy Prime Minister, in his capacity as Minister for Defence, announced his decision on command accountability, closing the recommendations relating to command accountability.

To protect the privacy and support the welfare of our people, Defence will not comment on the circumstances of individuals. 

The Afghanistan Inquiry made 7 recommendations in relation to honours and awards:

• One of the seven Inquiry recommendations relates to revoking the award of the Meritorious Unit Citation (MUC) to the Special Operations Task Group (Task Force 66). On 19 April 2021, the then-Minister for Defence announced that the Special Operations Task Group (Task Force 66) will retain the MUC.
• Six of the seven Inquiry recommendations relate to individual honours and awards. 
  • Two recommended the review of awards to those in command positions at troop, squadron and task group level during SOTG rotations, and award of decorations to those generally in command positions in the Special Air Service Regiment (SASR) during the period 2008 to 2012. On 12 September 2024, the Deputy Prime Minister, in his capacity as Minister for Defence, announced his decision and closed recommendations.
  • The four remaining recommendations are on hold pending the outcome of joint investigations by the Office of the Special Investigator and the Australian Federal Police.
• Defence may review other honours and awards if the circumstances warrant this course of action.

This work has been undertaken in accordance with existing processes. Ensuring this work does not compromise any relevant criminal processes is a key consideration.

The Afghanistan Inquiry report contained 15 recommendations to consider compensation to alleged victims and their families where there is credible information involving allegations of property damage, assault or unlawful killing, without awaiting the establishment of criminal liability.

The Australian Government has established a compensation scheme within Defence, under regulation.

The regulation came into effect on 19 July 2024.

The Chief of the Defence Force may refer a claim to the Afghanistan Inquiry Compensation Advocate (the Advocate).

The Advocate’s role will be to consider claims, in consultation with the Department of Foreign Affairs and Trade and any other relevant experts, to determine what actions to take, and to report back to the Chief of the Defence Force. 

The Chief of the Defence Force will make a decision to act in accordance with the advice of the Advocate, or take a different action. 
 

The Chief of the Defence Force can agree to the payment of compensation, after consideration of advice from the Advocate.

The Minister for Defence (Deputy Prime Minister) will appoint the Advocate on a part-time basis.

The Afghanistan Inquiry Compensation Advocate’s role is to:

• consider claims for compensation referred by the Chief of the Defence Force
• recommend appropriate action to the Chief of the Defence Force
• provide advice and assist the Chief of the Defence Force to implement decisions. 

No. The functions of the Advocate does not include undertaking an inquiry or investigation as to whether there has been an unlawful killing, assault or property damage or whether any offence alleged under Australian law has been committed. 

Criminal investigations remain in the remit of the Office of the Special Investigator and the Australian Federal Police.

Persons with information relating to alleged criminal matters should report this to the Office of the Special Investigator, or to the Australian Federal Police.

The Afghanistan Inquiry report contained 15 recommendations on compensation to alleged victims and their families where there is credible information involving allegations of property damage, assault or unlawful killing, without awaiting the establishment of criminal liability. Compensation is able to be paid without criminal liability, under Australian law.

Any criminal investigations being conducted by the Office of the Special Investigator and the Australian Federal Police are independent of the Afghanistan Inquiry Compensation Scheme. 

The Chief of the Defence Force may refer a claim to the Afghanistan Inquiry Compensation Advocate, if the Chief of the Defence Force is satisfied that:

• The claim relates to one or more persons, or persons within a class, (the eligible recipients for the claim), each of whom the Chief of the Defence Force considers:
  • is reasonable likely to be the victim of an assault or property damage or a family member of a victim of unlawful killing
  • is not reasonably likely to be a member of a terrorist organisation
  • is not a sanctioned person and is not reasonably likely to act on behalf of, or at the direction of, a sanctioned entity.
• the assault, property damage or unlawful killing was found to be substantiated by credible information by the Inspector-General of the Australian Defence Force Afghanistan Inquiry.

The Advocate may recommend to the Chief of the Defence Force the following options:

• giving monetary or other compensation to one or more eligible recipients for the claim
• giving monetary or other compensation to any other person or group
• a letter of apology or acknowledgement
• no action. 

The Chief of the Defence Force may also request further information and advice from the Advocate or any other person. 

The Chief of the Defence Force may make a decision to act in accordance with the Advocate’s recommendations, or take a different action. 

The Chief of the Defence Force may make a decision to act in accordance with the Advocate’s recommendations, or take a different action in response to a claim. 

In the event that the Chief of the Defence Force intends to take a different action in response to the claim, the Chief of the Defence Force must inform the Minister in writing at least 15 days before making the decision, giving reasons for the intended decision.

After making such a decision, the Chief of the Defence Force must inform each eligible claimant of the decision, except any person the Chief of the Defence Force reasonably believes it is not appropriate, necessary or practicable to inform.

The Chief of the Defence Force, General Angus Campbell, was the Commander of Joint Task Force 633 (CJTF 633) from 14 January 2011 until 17 January 2012 inclusive. 

The CDF was awarded the Distinguished Service Cross as CJTF 633 for service on Operation SLIPPER from January 2011 to January 2012. 

The Government, through the Deputy Prime Minister (in his capacity as the Minister for Defence), was active in monitoring Defence’s response to the Afghanistan Inquiry. The Deputy Prime Minister was informed by advice from the Afghanistan Inquiry Implementation Oversight Panel.

The Government established the Afghanistan Inquiry Implementation Oversight Panel to provide independent oversight and assurance of Defence’s response to the Inquiry.

The Afghanistan Inquiry Implementation Oversight Panel included individuals recognised for their expertise and experience in complex legal matters, forensic review, organisational scrutiny and reform, and reported directly to the Deputy Prime Minister (Minister for Defence). 

The Panel comprised of:

• Dr Vivienne Thom, AM, a former Inspector-General of Intelligence and Security;
• Robert Cornall, AO, a former Secretary of the Attorney-General’s Department; and
• Professor Rufus Black, noted ethicist and Vice Chancellor of the University of Tasmania.

The Panel’s tenure concluded in November 2023. 

The Office of the Special Investigator (OSI) is an independent Executive Agency within the Attorney-General's portfolio. A key function of the OSI is to investigate, jointly with the Australian Federal Police (AFP), the potential criminal matters raised by the IGADF Afghanistan Inquiry.

Where appropriate, the OSI will develop briefs of evidence to refer to the Commonwealth Director of Public Prosecutions for consideration.

Criminal investigations and prosecutions are being conducted independently of Defence.

The OSI commenced operations on 4 January 2021.

Visit OSI for more information.

The Office of the Special Investigator (OSI) is working with the Australian Federal Police (AFP) to investigate allegations of criminal conduct related to any breach of the Law of Armed Conflict by members of the Australian Defence Force in Afghanistan from 2005 to 2016.

The OSI and AFP can investigate matters which are beyond those addressed by the IGADF Afghanistan Inquiry, but within the OSI’s mandate.

A key function of the OSI is to investigate, jointly with the Australian Federal Police (AFP), the potential criminal matters raised by the IGADF Afghanistan Inquiry. Visit the OSI’s website for information about the OSI’s approach to managing IGADF Afghanistan Inquiry information.
 

Criminal investigations and prosecutions are being conducted independently of Defence. Visit OSI for information.
 

Visit the OSI’s website for information about the OSI’s approach to managing IGADF Afghanistan Inquiry information.