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senate vote 2020-12-07#10
Edited by
mackay staff
on
2020-12-24 16:52:05
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Title
Motions — Australian Defence Force- Motions - Australian Defence Force - Apologise
Description
<p class="speaker">Jonathon Duniam</p><p>At the request of Senators Birmingham, Wong and Reynolds, I move:</p><p class="italic">That the Senate—</p>- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2020-12-07.149.1) to an [original motion](https://www.openaustralia.org.au/senate/?id=2020-12-07.147.1), which means the amendment failed.
- ### Amendment text
- > *At the end of paragraph (c), add:*
- >
- > *"and unreservedly apologises to the families of the victims of the crimes and supports the creation of a compensation scheme;"*
- ### Original motion text
- > *That the Senate—*
- >
- > *(a) notes that on 19 November 2020, the Chief of the Defence Force (CDF) released a public version the Afghanistan inquiry report delivered to him by the Inspector General of the ADF (the inquiry report), and on that day stated that the ADF is rightly held to account for allegations of grave misconduct by some members of the Australian Special Forces community during operations in Afghanistan;*
- >
- > *(b) affirms that:*
- >
- >> *(i) the allegations contained in the inquiry report are deeply disturbing and must be addressed with a deep respect for justice and the rule of law,*
- >>
- >> *(ii) the ADF is one of the finest militaries in the world, and that the inquiry report should not cast a shadow over the vast majority of ADF members who served in Afghanistan with distinction, and*
- >>
- >> *(iii) this is a challenging and distressing time for many individuals and families impacted by the inquiry;*
- >
- > *(c) expresses its deep sympathy to the people of Afghanistan and the Government of the Islamic Republic of Afghanistan for the alleged misconduct and command failures identified by the inquiry;*
- >
- > *(d) further notes that:*
- >
- >> *(i) the CDF, on behalf of the ADF, has also sincerely and unreservedly apologised to the people of Afghanistan for any wrong-doing by Australian soldiers, and has conveyed this message to his Afghan counterpart, General Zia,*
- >>
- >> *(ii) the CDF is leading Defence's response to the inquiry report through the development of an implementation plan to action the Inspector-General's recommendations, and any other matters arising from the Inquiry report that require action,*
- >>
- >> *(iii) the Government has established the Afghanistan Inquiry Implementation Oversight Panel comprised of three eminent and suitably qualified and experienced Australians to provide oversight of Defence's response to the inquiry report, and to report directly and regularly to the Minister for Defence, and*
- >>
- >> *(iv) the Government is also establishing the Office of the Special Investigator within the Home Affairs portfolio to address the potential criminal matters identified in the inquiry report, in particular to investigate allegations, gather evidence and, where appropriate, refer briefs to the Commonwealth Director of Public Prosecutions for consideration;*
- >
- > *(e) affirms that it is the responsibility of the government of the day to ensure that the matters identified in the inquiry report are dealt with in a way that accords with Australian standards of justice, respects the rule of law, provides the necessary checks and balances, and upholds Australian values and standards and respect for the current and former serving members of the nation's Defence Force; and*
- >
- > *(f) encourages individuals involved in or affected by the Afghanistan inquiry to avail themselves of welfare and other support services, including:*
- >
- >> *Defence All-hours support line (1800 628 036)*
- >>
- >> *Open Arms – Veterans and Families Counselling (1800 011 046)*
- >>
- >> *Safe Zone – 1800 142 072*
- >>
- >> *The Defence Family Helpline (1800 011 046)*
- >>
- >> *ADF Health and Wellbeing portal.*
<p class="italic">(a) notes that on 19 November 2020, the Chief of the Defence Force (CDF) released a public version the Afghanistan inquiry report delivered to him by the Inspector General of the ADF (the inquiry report), and on that day stated that the ADF is rightly held to account for allegations of grave misconduct by some members of the Australian Special Forces community during operations in Afghanistan;</p><p class="italic">(b) affirms that:</p><p class="italic">(i) the allegations contained in the inquiry report are deeply disturbing and must be addressed with a deep respect for justice and the rule of law,</p><p class="italic">(ii) the ADF is one of the finest militaries in the world, and that the inquiry report should not cast a shadow over the vast majority of ADF members who served in Afghanistan with distinction, and</p><p class="italic">(iii) this is a challenging and distressing time for many individuals and families impacted by the inquiry;</p><p class="italic">(c) expresses its deep sympathy to the people of Afghanistan and the Government of the Islamic Republic of Afghanistan for the alleged misconduct and command failures identified by the inquiry;</p><p class="italic">(d) further notes that:</p><p class="italic">(i) the CDF, on behalf of the ADF, has also sincerely and unreservedly apologised to the people of Afghanistan for any wrong-doing by Australian soldiers, and has conveyed this message to his Afghan counterpart, General Zia,</p><p class="italic">(ii) the CDF is leading Defence's response to the inquiry report through the development of an implementation plan to action the Inspector-General's recommendations, and any other matters arising from the Inquiry report that require action,</p><p class="italic">(iii) the Government has established the Afghanistan Inquiry Implementation Oversight Panel comprised of three eminent and suitably qualified and experienced Australians to provide oversight of Defence's response to the inquiry report, and to report directly and regularly to the Minister for Defence, and</p><p class="italic">(iv) the Government is also establishing the Office of the Special Investigator within the Home Affairs portfolio to address the potential criminal matters identified in the inquiry report, in particular to investigate allegations, gather evidence and, where appropriate, refer briefs to the Commonwealth Director of Public Prosecutions for consideration;</p><p class="italic">(e) affirms that it is the responsibility of the government of the day to ensure that the matters identified in the inquiry report are dealt with in a way that accords with Australian standards of justice, respects the rule of law, provides the necessary checks and balances, and upholds Australian values and standards and respect for the current and former serving members of the nation's Defence Force; and</p><p class="italic">(f) encourages individuals involved in or affected by the Afghanistan inquiry to avail themselves of welfare and other support services, including:</p><p class="italic">Defence All-hours support line (1800 628 036)</p><p class="italic">Open Arms – Veterans and Families Counselling (1800 011 046)</p><p class="italic">Safe Zone – 1800 142 072</p><p class="italic">The Defence Family Helpline (1800 011 046)</p><p class="italic">ADF Health and Wellbeing portal.</p> <p class="speaker">Jacqui Lambie</p><p>I seek leave to make a short statement.</p> <p class="speaker">Sue Lines</p><p>Leave is granted for one minute.</p> <p class="speaker">Jacqui Lambie</p><p>We all agree that the allegations contained in the Brereton report are serious but I take issue with the final point of this motion, asking those affected by these allegations and the response to reach out and get help. The minister for veterans affairs runs a $12 billion department that can find the time, surely, to reach out to the Australian military witnesses, those military members accused and their families. I'd also like to express my deepest respect and sympathy to all those who have served in 2 Squadron SASR since 1964, including our Borneo and Vietnam veterans, those who fought in Afghanistan and Iraq and those who are on other missions that we will never know about, and to the thousands of family members attached to these men who are now feeling shame, heartache and repercussions because of the alleged actions of a few. I want to make sure it is fully acknowledged by all sides of the parliament that they too are suffering.</p> <p class="speaker">Jordon Steele-John</p><p>by leave—I move:</p><p class="italic">At the end of paragraph (c), add:</p><p class="italic">"and unreservedly apologises to the families of the victims of the crimes and supports the creation of a compensation scheme;"</p><p>I seek leave to make a short statement.</p> <p class="speaker">Sue Lines</p><p>Leave is not granted, Senator Steele-John. The question is that the amendment moved by Senator Steele-John be agreed to.</p>
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