Defence FOI 578/23/24
Document 1
s22
From: Vivienne Thom s47F
Sent: Thursday, 18 February 2021 9:51 PM
To: s47E(d)
rob.cornal s47F
rufus.blacks47F
Cc: Buckley, Simon MR s47E(d)
Subject: Re: Access to Documents and Schedule of Engagement over March and April
[SEC=OFFICIAL]
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HI s47E(d)
Thank you for this update and the proposal for engagement with accountable officers. I
think we would be happy to get written information in February but agree that we would
like to set up meetings from March as proposed so that we can engage to better
understand and test the proposed actions.
I have spoken to Rufus and Rob and we agree that a full day’s meetings should be arranged
for 11 March – Rob to fly down the previous day. Would it be possible to visit JOC? We
would also like to speak with s47F
. I think we could productively follow up on the
International Law matters by VC facilities but a meeting with Army about training in the
use of lethal force would be useful. Rob and Rufus might have other suggestions.
Setting aside alternate Fridays from 9.30 to 11.30 is a good idea – I have put it in my diary
from 9 April and currently have no problems for the next few months. (I think Rob is away
on 9 April.) The panel will need to have a further discussion about other regular meeting
Defence FOI 578/23/24
Document 1
times from April.
Please let me know if you are waiting for any further information or responses from me.
Kind regards
Vivienne
Vivienne Thom
Mobile: s47F
Email: s47F
From: s47E(d)
Date: Thursday, 18 February 2021 at 12:22 pm
To: "vivienne.thoms47F
"rob.cornal s47F
"rufus.blacks47F
Subject: Access to Documents and Schedule of Engagement over March and April
[SEC=OFFICIAL]
OFFICIAL
Panel Members,
You will recall that at the Defence Committee meeting in late January, CDF requested that all
Accountable Officers:
· write to the Panel directly, by way of introduction. A summary list of Accountable and
Action Officers is attached (and the first five letters that the Secretariat has received in
the past week are available in a copy of this email on your DPN account).
· ensure that they engage with and provide an update to the Panel on their activities
under the Implementation Plan on a monthly basis (as a minimum).
Suggested Approach to Engagement with Accountable and Action Officers
February Engagement: AS Inquiry Implementation, Ms Nina Harvey, has recently tasked all
Accountable Officers to provide her with a summary
stocktake of reform actions that have
occurred over the last ten years that are either directly or indirectly relevant to the IGADF
report and Implementation Plan. This baselining information is due to Ms Harvey next Friday, 26
February 2021. The Secretariat suggests that Accountable officers be asked to copy this
information to the Panel to fulfil their February reporting obligations.
March Engagement: Accountable Officers and Action Officers are also required to submit
Reform Management Plans to Ms Harvey by 10 March 2021. The Secretariat suggests that the
Panel schedule brief meetings with all parties, as soon as that deadline is passed, to discuss their
Defence FOI 578/23/24
Document 1
proposed way ahead. We assess that the minimum amount of time the March engagement
program would require is 4 hours, scalable to the availability and interests of Panel Members.
This could be achieved by grouping the meetings thematically, for example, in 7 x 30 minute
meetings or telecons (or longer) as follows.
Group (A) – Welfare and Individual Case Management: CA, DGSIM-A, HLC, SOCAUST
Group (B) – ADF Personnel Policy: DEPSEC DP, FAS PP&C
Group (C) – Health and Psychological Assessment: CJC, CJ Health
Group (D) – Training and Ethics: CJC, COMADC, DGMLS
Group (E) – Legal: Assoc Sec, Chief Counsel
Group (F) – Operations and Procurement: CJOPS, COS HQJOC, DEPSEC CAS
Group (G) - Governance: SEC, CDF, DG AIRTF, ASII
April Engagement Onwards: Once development of the Reform Management Plans is underway,
Accountable Officers and Action Officers will be required to provide monthly written reports on
progress to Defence Committee (via Ms Harvey’s office). The Secretariat suggests that
Accountable officers be asked to copy this information to the Panel as a minimum ongoing
reporting obligation. The Panel can then use that information to identify priority areas for more
detailed focus in their forward work program.
Timing for Next Meetings
The Secretariat has already received advice from Professor Black’s EO that he:
·
will potentially be travelling to Canberra for s22
on Wednesday 10 March,
with availability to stay an additional day for face-to-face meetings
·
has a regular window of opportunity to undertake Panel business from 0930 to 1130
every second Friday, commencing Friday 9 April.
Dr Thom and Mr Cornall: If you have similar availability in March, the Secretariat would like the
seek the Panel’s endorsement to commence booking appointments for the Panel on
Thursday
11 March.
A particular focus for the March meetings could be engaging with Ms Harvey on the governance
processes that she has put in place, including if she is satisfied with the information being
provided to her and what opportunities/risks may need addressing before RMP are finalised. The
Panel may also wish to:
·
have detailed engagement with the Associate Secretary and Chief Council on
development of the Reform Management Plan for ‘
the whole-of-government approach
to international law matters outside the remit of the OSI’ which will be considered by
Defence Committee in April, and
·
continue engaging with Army and SOCOMD, in respect of training in the use of lethal
force.
From April 9 onwards, the Panel may wish to consider marking out regular blocks of availability
for meetings; either after 5pm on Monday to Wednesdays or during working hours on Thursdays
and Fridays. The Secretariat has noted that Fridays generally have the best availability or
flexibility with stakeholders for bookings.
Defence FOI 578/23/24
Document 1
For noting:
The next Defence Senate Estimates hearings will occur 24-25 March 2021.
Sincerely,
s47E(d)
s47E(d)
Director
Secretariat for the IGADF Afghanistan Inquiry Implementation Oversight Panel
Office of the Associate Secretary
Department of Defence
T: s47E(d)
|M: s22
|
E: s47E(d)
| G: s47E(d)
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If you have received this email in error, you are requested to contact the sender and delete the
email immediately.
IMPORTANT: This email remains the property of the Department of Defence. Unauthorised
communication and dealing with the information in the email may be a serious criminal offence.
If you have received this email in error, you are requested to contact the sender and delete the
email immediately.
IMPORTANT: This email remains the property of the Department of Defence. Unauthorised
communication and dealing with the information in the email may be a serious criminal offence.
If you have received this email in error, you are requested to contact the sender and delete the
email immediately.
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communication and dealing with the information in the email may be a serious criminal offence.
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Defence FOI 578/23/24
Document 2
From:
Jones, Katherine MS
To:
Vivienne Thom
Cc:
Rob Cornall; Rufus Black; Buckley, Simon MR; Wolski, Brett RADM; D"Amico, Adrian MR 1; Harvey, Nina MS
1
Subject:
RE: Afghanistan Inquiry Legal Assistance Scheme [SEC OFFICIAL]
Date:
Friday, 26 February 2021 12:05:12 PM
Attachments:
AFGHANISTAN INQUIRY LEGAL ASSISTANCE SCHEME 25022021.docx
OFFICIAL
Vivienne – thank you, and Rob, for the revised paper. We will review and consider as we discuss
the issue internally and consult with our colleagues in AGD. Regards, Katherine
IMPORTANT: This email remains the property of the Department of Defence. Unauthorised
communication and dealing with the information in the email may be a serious criminal offence.
If you have received this email in error, you are requested to contact the sender and delete the
email immediately.
From: Vivienne Thom s47F
Sent: Thursday, 25 February 2021 8:56 PM
To: Jones, Katherine MS s47E(d)
Cc: Rob Cornall s47F
Rufus Black s47F
Buckley,
Simon MR s47E(d)
Subject: Afghanistan Inquiry Legal Assistance Scheme
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Dear Katherine
Thank you for meeting with the Panel last week. Following that meeting Rob has identified
further details about the matters that he suggests would require attention in setting up an
Afghanistan Inquiry Legal Assistance Scheme as proposed by the Panel.
These details are set out in the attached paper which is provided by the Panel for your
consideration and to assist in your internal discussions.
Rob remains the Panel’s primary contact for this issue.
Kind regards
Vivienne
Vivienne Thom
Mobile: s47F
Email: s47F
Defence FOI 578/23/24
Document 3
Sent: Monday, 8 March 2021 12:08 PM
To: Katherine Jones s47E(d)
Cc: Rob Cornall s47F
Rufus Black s47F
Buckley,
Simon MR s47E(d)
Subject: Discussion papers on Defence's Organisational Responsibility and Broader Causes of
Alleged War Crimes
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Dear Katherine
In accordance with its terms of reference, the Panel is to report to the Minister on the
thoroughness and effectiveness of the Implementation Plan and may recommend
additional actions not contemplated in the Inquiry’s recommendations or subsequently
initiated by the Secretary of Defence or the Chief of the Defence Force. The Minister
emphasised this point in her initial briefing and has recently requested us to advise on
whether Defence’s response to the responsibilities and accountabilities of the chain of
command is appropriate and sufficient, and whether the Brereton recommendations fully
address the broader cultural and behavioural issues.
We have considered the draft Implementation Plan provided in December 2020 as well as
information received through briefings. We have prepared two discussion papers
(attached) that set out our preliminary views on these matters. In summary, we question
whether the draft Implementation Plan is sufficient to address these broader issues and
suggest that Defence should consider how these matters can be adequately addressed.
We intend to provide these preliminary views to the Minister on Friday 12 March 2021 but
would welcome any comments from Defence before then.
Please do not hesitate to contact me, or any other Panel member, if you would like to
discuss this further.
Kind regards
Vivienne
Vivienne Thom
Mobile: s47F
Email: s47F
