Item 1 Document 1
OFFICIAL: Sensitive
2.
Background
(O)  Dr Vivienne Thom AM, Mr Robert Cornall AO and Professor Rufus Black were appointed as
members of the Afghanistan Inquiry Implementation Oversight Panel in November 2020 shortly before
the release of the IGADF Afghanistan Inquiry Report. The Panel provides independent oversight and
assurance relating to Defence’s response to the Afghanistan Inquiry and reports directly to the Minister
for Defence. The Panel is required to report quarterly. This is the eleventh report and covers the period
1 May 2023 to 31 July 2023.

3.
Army Ethics Curriculum and Training
(O)  The Panel met with the Commandant of the Royal Military College Duntroon, Brigadier Jason Groat
CSC DSM, staff from the Land Combat College and a representative from the Defence Special
Operations Training and Education Centre on 4 July 2023 to discuss progress with aligning Army’s
ethics curriculum and training with the Defence Ethics Doctrine published in late 2022.

(O)  The Land Combat College has made significant progress this year to develop, trial and deliver new
ethics training material across the breadth of Army’s ab-initio and promotion course programs. The
initial material the Panel was able to review was consistent the Ethics Doctrine.

(O)  The Panel is looking forward to reviewing further training material to understand the way the
Ethics Doctrine is being implemented and the consistency of that material with it.

4.
Meeting with Chief of Joint Operations
(O)  On 5 July 2023, the Panel met with the Chief of Joint Operations, Lieutenant General Greg Bilton
AO CSC, to discuss initiatives under his leadership within the Afghanistan Inquiry Reform Program and
the current state of operational command culture in the ADF.

(O:S)  The Panel recognises the improved incident management arrangements which have arisen from
the creation of a Joint Operations Command (JOC) Sensitive Issues Management (SIM) Cell, covering:
  improved accountability between the services and JOC, and consistency in the type and level
of response from the Services, when incidents occur
  the inclusion of scenarios within exercises to test the management of Prescribed Serious
Operational Incidents
  an additional capacity to focus on operational reporting analysis.

(O:S)  The Panel were provided with a number of examples over 2022 and 2023 where Special Forces
had been considered s33(a)(ii)
for particular tasks,s33(a)(ii)

. The Panel commends the rigour in these
planning processes s33(a)(ii)
.

(O:S)  s33(a)(ii)



OFFICIAL: Sensitive
2

Item 1 Document 1
OFFICIAL: Sensitive

s33(a)(ii)

(O:S)  s33(a)(ii)



(O:S)  The Panel requested briefing on HQJOC’s experience of applying the ADF’s new respite waiver
policy in practice, including how many waiver requests had been requested and the outcome of those
requests. We were advised that because the policy applies only to warlike operations, no waiver
requests had been made since the introduction of the policy in January 2023. We noted that the
adequacy of the policy – in terms of its practical operation - will now likely remain untested by the
Panel at the conclusion of our work in November and suggest that s47C

.

(O:S)  In respect of operational command culture, CJOPS described the detrimental impact COVID-19
had on the length of time ADF members were routinely on task and/or absent from home (for
example, due to extended quarantine requirements and inability of ships to make port visits), which
had resulted in an increased command focus across the ADF on respite and welfare issues.

(O:S)  The Panel asked for CJOPS’ view on whether ADF members generally had capacity to recognise
and challenge orders they might consider unlawful, and whether he considered the command climate
supported individuals speaking up under those circumstances. CJOPS emphasised the importance of
commanders integrating legal officers into their decision-making. He briefed on the various avenues for
the command climate to be routinely tested and for feedback to be received by the leadership team
within his own headquarters. The Panel considers General Bilton is personally committed to these
improvements and it will be important to ensure they continue after his appointment comes to an end
next year.

5.
Support to Veterans affected by OSI Investigations, and related matters
(O)  On 14 July 2023, the Panel met with Ms Leanne Cameron, the Department of Veterans’ Affairs First
Assistant Secretary, Mental Health and Well Being Service, in relation to paragraph 15(c) of its Terms of
Reference on:

Whether appropriate welfare .. support is being provided to persons affected
by the Inquiry; including consideration of the support and services provided
by  the ex-service  organisations  and  how  these  are  complementary to,  and
integrated with, the services provided by both Defence and the Department
of Veterans’ Affairs.

(O)  In a wide-ranging discussion on existing supports and anticipated support requirements for ex-
serving members and their families, the Panel was briefed on:
  DVA’s regular liaison with Defence to be proactively ready when Inquiry and OSI milestones
occur
OFFICIAL: Sensitive
3

Item 1 Document 1
OFFICIAL: Sensitive
  The inclusion of Afghanistan /Inquiry keyword recognition in its ITC systems to prioritise those
contacts with the Department
  The benefits from establishing the Safezone 1800 anonymous counselling number
  Open Arms services including eligibility and processes for triage, prioritisation, allocation of
coordinator client support case managers, use of crisis accommodation program, and
expanded family support services
  Transition services including the Special Forces pilot which established a permanent DVA
presence at Holsworthy and Campbell Barracks, the Chaplains pilot at Campbell Barracks, the
introduction of veteran support officers (VSO) and pilot of an enhanced VSO program, the
lived-experience peer team, and early notification from Defence for involuntary and medical
separations
  Embedded DVA staff in welfare nodes during high profile legal proceedings, in collaboration
with Defence
  Relevant interactions with ex-service organisations (ESO), and Special Forces ESO in particular
  Existing policy for the loss of income support payments on incarceration (unless redirected to a
partner or for the care of a child).

(O:S)  Ms Cameron indicated the Department has approximately 200 clients on record as identifying as
affected by the Inquiry, to date. s45



(O)  Ms Cameron also noted that new approaches have recently been proposed within DVA to
s47C

(O)  The Panel appreciated Ms Cameron’s comprehensive and helpful briefing.

(O)  The Panel is pursuing further enquiries with DVA Open Arms about the extent and level of services
provided to former members of Defence and to the partners and children in the coming quarter.

6.
Compensation for Afghan Families
s47C





OFFICIAL: Sensitive
4

Item 1 Document 1
OFFICIAL: Sensitive
7.
Command Doctrine and Law of Armed Conflict Doctrine
(O)  During this quarter, the Australian Defence College provided the Panel with early drafts of Chapters
1, 2 and 3 of new ADF Command Doctrine, and then a more developed draft of the complete Doctrine.
In addition, the Military Legal Service provide the Panel with a draft of updated ADF Law of Armed
Conflict Doctrine.

(O)  The Panel is satisfied that appropriate progress is being made on the content and anticipated
delivery of both documents.

(O)  The Panel observes the concept of command accountability articulated in the draft doctrines
appropriately focuses on the responsibility a commander has for all of the conduct of people under
their command, and the consequences they cause. The potential accountability of commanders for war
crimes occurring under their command is specifically called out, including the commander’s obligation
to maintain an organisational environment that minimises the risk of war crimes occurring and to
ensure that, if war crimes do occur and come to command’s attention, they are addressed. The doctrine
provides substantial guidance on sound decision making and management that will assist in providing
the sort of command environment that will support sound ethical conduct by the ADF.

8.
Military Working Dogs – Doctrine, Policy and Training
(O)  The Panel met with staff from Land Capability Division, Army Headquarters on 4 July 2023 to
discuss the doctrine, policy and training work that will flow from the issuing of CDF Directive 4/2023 on
29 March 2023, which included that

ADF MWD must not be used as a tool to elicit information from any captured
person/s,  or  person/s  under  control  during  tactical  questioning,  or  at  any
point that a person remains in custody

Those directing or employing ADF MWD teams are expected to apply sound
military  judgement  so  that  ADF  MWD  employment  is  reasonable  in  all
circumstances.  Handlers  are  expected  to  ensure  their  use  of  ADF  MWD  is
reasonable and necessary in the circumstances

Those directing or employing ADF MWD teams are expected to be cognisant
of any cultural sensitivities in relation to the use  of  ADF MWD and, where
circumstances  allow,  take active  steps  to  minimise  cultural  sensitivity risks
associated with such use

(O)  The Panel notes that clear articulation of these principles is an important foundational step
towards assuring the appropriate use of the ADF’s military working dog capability.

(O)  Over the longer term, the more challenging work still lies ahead. The Panel is satisfied that Defence
has an acceptable plan in place to develop the doctrine, policy and training needed to implement the
Directive (including a framework for exercise scenarios to test its practical application), but notes that
the work has not yet progressed to a point where its overall adequacy can be assessed.

(O:S)  The Panel suggests that future work should include s47C

OFFICIAL: Sensitive
5

Item 1 Document 1
OFFICIAL: Sensitive
9.
Engagement with Stakeholders – Special Operations Command, Command Council
(O)  On 5 July 2023, the Panel spoke with s33(a)(ii)
Special Operations Command Council (the
officer and senior non-commissioned officer leadership team) about the Panel’s work and observations
of the Command since November 2020, inclusive of a question and answer session.

(O)  Special Operations Commander Australia, Major General Paul Kenny DSC AM DSM, thanked the
Panel for its collective insights and frankness which were a helpful and timely reminder the Panel’s
oversight work.

10.  Engagement with Stakeholders
(O)  The Panel continues to meet with as many current and former Defence personnel, external
government agencies and non-government stakeholders as practicable.

(O)  In the period from May to July 2023 the Panel engaged with:
  Chief of the Defence Force (3 July 2023)
  Head, Afghanistan Inquiry Implementation Task Force (3 July 2023)
  Commandant, Royal Military College Duntroon (4 July 2023)
  Chief of Staff, Land Capability Division, Army Headquarters (4 July 2023)
  Lead, s33(a)(ii)
(4 July 2023)
  Special Operations Commander, Australia (4 July 2023)
  Special Operations Command, Command Council (5 July 2023)
  Chief of Joint Operations (5 July 2023)
  FAS Mental Health and Well Being Service, DVA (14 July 2023)
  Defence Chief Counsel (28 July 2023).
(O)  Further discussions are being arranged with:
  Deputy Secretary Strategy, Policy and Industry on the s33(a)(ii)

  Australian Defence College on the development of Command Doctrine
  Defence People Group about mitigation strategies for exceptionalism and research into
operational incentives, and the Defence Culture Blueprint program
  Special Air Service Regiment
  2 Commando Regiment
  Special Operations Command external stakeholders
  Open Arms and Benefits Policy Branches in DVA.

11.  Future Reports
(O)  The Panel will provide the Minister with its next and final quarterly report on 1 November 2023,
in accordance with its terms of reference, and will raise other matters when dictated by
circumstances or concerns.

(O)  The Panel will subsequently provide a final report covering observations on its full three years of
oversight activity.

Dr Vivienne Thom AM
Lead, Afghanistan Inquiry Implementation Oversight Panel
1 August 2023
OFFICIAL: Sensitive
6

Document Outline

Item 1 Document 1 -11th Quarterly Report
- AIIOP 11th Quarterly Report - 1 August 2023
Item 3 Document 1 - CDF Directive
Item 3 Document 2 - Annex A to CDF Directive