FOI 045/20/21
Item 1, Item 2, Item 3
UNCLASSIFIED
FOI 045/20/21
[Item 1]
The number of sexual abuse claims finalised by the ADF: 2017/18 – 43 Claims 2018/19 – 65 Claims 2019/20 – 75 Claims
[Item 2]
The number of claims finalised that were found to be in favour of the victim: 2017/18 – 43 settled 2018/19 – 62 settled, 2 denied and 1 withdrew 2019/20 – 65 settled, 1 denied and 9 withdrew
[Item 3]
The total amount paid out by the ADF to these victims: 2017/18 – damages $9,433,500.00 and Costs $2,249,054.56 2018/19 – damages $16,305,750.00 and Costs $3,304,583.00
2019/20 – damages $15,056.500 and Costs $3,611,817.16
UNCLASSIFIED
FOI 045/20/21
Item 4 Serial 1
BACK POCKET BRIEF – CURRENTLY SERVING MEMBERS ACCUSED OF
SEXUAL ASSAULT AS AT 1 MAY 18
EXECUTIVE SUMMARY
1.
As of 01 May 2018, there are 136 currently serving members of the ADF who have been
accused of sexual assault. This includes:
29 members of Navy
76 members of Army
31 Members of Air Force
Above figures include active and stand-by reservists
section 22 - irrelevant
DATA
Currently serving members who have been accused of
Navy
Army
Air
sexual assault (as at 1 May 18)
Force
Substantiated Civil Conviction
0
1*
0
Disciplinary/Administrative Action*
2
10
12
27
Service Terminated
1
0
0
Mediation
0
1
0
Not
No Statement/Withdrawn by Complainant
6
18
8
Substantiated Insufficient Evidence
5
23
2
73
Tried and Found Not Guilty
2
6
3
Under
Referred to Civil Authorities
7
13
3
Consideration Inquiry in Progress
0
0
2
36
Under Military Authorities Consideration
5
4
1
Under Legal Review
1
0
0
Total
29
76
31
*Termination action is underway
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1
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2
FOI 045/20/21
Item 4 Serial 2
BACK POCKET BRIEF – CURRENTLY SERVING MEMBERS ACCUSED OF
SEXUAL ASSAULT AS AT 1 OCT 18
EXECUTIVE SUMMARY
1.
As of 01 Oct 2018, there are 141 currently serving members of the ADF who have been
accused of sexual assault. This includes:
39 members of Navy
69 members of Army
33 Members of Air Force
Above figures include active and stand-by reservists
section 22 - irrelevant
DATA
Currently serving members who have been accused of
Navy
Army
Air
sexual assault (as at 1 Oct 18)
Force
Substantiated Civil Conviction
0
0
0
Disciplinary/Administrative Action
5
7
12
25
Service Terminated
0
0
0
Mediation
0
1
0
Not
No Statement/Withdrawn by Complainant
7
16
4
Substantiated Insufficient Evidence
12
22
6
78
Tried and Found Not Guilty
3
6
2
Under
Referred to Civil Authorities
4
12
3
Consideration Inquiry in Progress
6
0
5
38
Under Military Authorities Consideration
2
5
1
Under Legal Review
0
0
0
Total
39
69
33
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1
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2
FOI 045/20/21
Item 4 Serial 3
SB19-000530
SEXUAL MISCONDUCT IN THE AUSTRALIAN DEFENCE FORCE
Strategic Narrative
Sexual misconduct is neither tolerated, nor accepted, in the Australian
Defence Force (ADF). Cultural change is well underway. The reform
initiatives which have been introduced since 2012 have focused on
encouraging reporting, awareness of the issues and access to reliable
investigative, support and management organisations.
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1
SB19-000530
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Background
Reported Sexual Assault in the ADF
There is a difference between the common understanding of
sexual offences in the community, which are reflected in the
Model Criminal Code; and those used by organisations like the
Civilian Police, who use the ANZSOC definitions from the
Australian Bureau of Statistics.
Defence adopted ANZSOC in 2018 for statistical reporting on
Sexual Assaults in the ADF to ensure consistency with other
Government agencies.
2
SB19-000530
Defence’s previous reports between 2012/13 - 2016/17 were
calculated using the Model Criminal Code. The Model Criminal
Code classifies non-penetrative sexual offences as indecent acts.
By comparison, the 2017/18 and 2018/19 reports use the broader
ANZSOC definition of sexual assault which includes penetrative
and non-penetrative sexual offences.
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3
SB19-000530
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4
SB19-000530
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Action taken by Defence for reported sexual assaults (as at 24
July 19)
Action Taken / Outcome
FY 17/18 FY 18/19
Admin Action (formal warning/rank
29
38
reduction/suspension)
Terminated
9
11
DFDA
11
12
JMPU/ODMP/Civil Police & Court
22
56
Ongoing
Matter Unsubstantiated *¹
34
20
Civil Court finding of guilty
2
3
Civil matter dropped *²
2
3
* ¹ Following a formal investigation (by civilian or military investigators) the matter cannot be
proven.
* ² This includes cases where a finding of not guilty is made, a hung jury returns no verdict
or where civilian authorities chose to not progress with the matter (this does not mean the
matter cannot be progressed and substantiated in some form (eg Admin Law or DFDA) by
Defence).
Reported matters may have multiple entries as initial and
subsequent actions are taken, and may involve more than one
person of interest. Additionally, there may reports to JMPU that
do not lead to action because of the victim’s wishes, and is
therefore, not included in this data.
section 22 - irrelevant
5
SB19-000530
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6
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7
SB19-000530
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8
SB19-000530
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section 47F
COS ADFHQ
section 47F
section 47F
section 47F
Command Support
section 47F
section 47F
Branch ADFHQ
Consultation
Head SeMPRO
DPG
Acting CO JMPU
JCG
9
FOI 045/20/21
Item 4 Serial 4
SB20-000082
SEXUAL MISCONDUCT IN THE AUSTRALIAN DEFENCE FORCE
Strategic Narrative
Sexual misconduct is neither tolerated, nor accepted, in the Australian Defence
Force (ADF). Cultural change is well underway. The reform initiatives which
have been introduced since 2012 have focused on encouraging reporting,
awareness of the issues and access to reliable investigative, support and
management organisations.
section 22 - irrelevant
section 22 - irrelevant
1
SB20-000082
section 22 - irrelevant
Background
Reported Sexual Assault in the ADF
There is a difference between the common understanding of sexual
offences in the community, which are reflected in the Model Criminal Code;
and those used by organisations like the Civilian Police, who use the
ANZSOC definitions from the Australian Bureau of Statistics.
Defence adopted ANZSOC in 2018 for statistical reporting on Sexual
Assaults in the ADF to ensure consistency with other Government
agencies.
Defence’s previous reports between 2012/13 - 2016/17 were calculated
using the Model Criminal Code. The Model Criminal Code classifies
non-penetrative sexual offences as indecent acts. By comparison, the
2017/18 and 2018/19 reports use the broader ANZSOC definition of sexual
assault which includes penetrative and non-penetrative sexual offences.
section 22 - irrelevant
2
SB20-000082
section 22 - irrelevant
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As reported in
The Australian on 16 January 2020, the Annual Report of
the Director of Military Prosecutions for calendar year 2018 identified that
23 charges of sexual assault and related offences were dealt with by ADF
superior discipline tribunals in 2018, compared with 14 charges for 2017.
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3
SB20-000082
ADF superior discipline tribunals deal with about 50 serious discipline
matters per year, which includes both full-time and part-time ADF
members.
Of the approximately 85,000 people subject to Defence discipline as
part of their service employment, twelve personnel were dealt with for
sexual assault or related offences in calendar year 2018 resulting in
seven personnel being convicted, equating to less than 0.01% of the
total Defence Force.
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4
SB20-000082
Action taken by Defence for reported sexual assaults (as at 24 July 19)
Action Taken / Outcome
FY 17/18
FY 18/19
FY19/20
Admin Action (formal warning/rank
29
38
reduction/suspension)
Terminated
9
11
DFDA
11
12
JMPU/ODMP/Civil Police & Court
22
56
Ongoing
Matter Unsubstantiated *¹
34
20
Civil Court finding of guilty
2
3
Civil matter dropped *²
2
3
* ¹ Following a formal investigation (by civilian or military investigators) the matter cannot be
proven.
* ² This includes cases where a finding of not guilty is made, a hung jury returns no verdict
or where civilian authorities chose to not progress with the matter (this does not mean the
matter cannot be progressed and substantiated in some form (eg Admin Law or DFDA) by
Defence).
Reported matters may have multiple entries as initial and subsequent
actions are taken, and may involve more than one person of interest.
Additionally, there may reports to JMPU that do not lead to action because
of the victim’s wishes, and is therefore, not included in this data.
section 22 - irrelevant
5
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6
SB20-000082
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7
