The Albanese Government has finalised its commitment to close out the recommendations of the Inspector-General of the Australian Defence Force Afghanistan Inquiry report.
In 2016, the Inspector-General of the Australian Defence Force commissioned Major General the Honourable Paul Brereton AM RFD to undertake an inquiry into events in Afghanistan, following claims of serious misconduct by members of the Special Operations Task Group in Afghanistan over the period 2005 to 2016.
The Brereton Report, as it is known, concluded there was credible information of unlawful conduct during this period; including the identification of 23 incidents involving Australian Special Forces personnel. These incidents related to the alleged unlawful killing of 39 people by, or involving Australian Defence Force (ADF) members as well as the alleged mistreatment of two individuals.
It also concluded there was credible information of a sub-culture of elitism and deviation from acceptable standards which was normalised over time and into which more junior personnel were inculcated.
The Brereton Report made a broad range of findings and 143 recommendations. The Albanese Government has taken the final action emanating from that Report, resulting in the closure of 139 of these recommendations. The four remaining recommendations remain on hold, pending ongoing investigations by the Office of the Special Investigator.
Compensation
The Brereton Report contained 15 recommendations to pay compensation to alleged victims and their families where there is credible information involving allegations of property damage, assault and unlawful killing, without awaiting the establishment of criminal liability.
In response, the Government directed Defence to design a compensation scheme under regulation. This regulation came into effect on 19 July 2024.
Command accountability
Two recommendations of the Brereton Report related to command accountability and the treatment of honours and awards given to commanders during the relevant period. The recommendations relate to a small number of individuals who held command positions during the period in which the inquiry found evidence of unlawful conduct.
I have written to those whose awards were referred for consideration by the then Chief of Defence Force to advise I have concluded my consideration of their individual awards.
My decisions on this matter are consistent with the findings and recommendations of the Brereton Report. In accordance with obligations owed to individuals involved, including under the Privacy Act, I am prohibited from disclosing the details and outcomes.
More than 26,000 people served in Afghanistan during this period. Whilst this decision may be difficult for a small number, it does not diminish the service and legacy of the majority of those who served or supported operations there.
The pathway forward
The Government acknowledges the service of all those who served in Afghanistan with professionalism and integrity, the 41 Australians who died on operations, those wounded in service and their families.
The stain on the reputation and the legacy of the Australian Defence Force and on the nation, at the hands a few, is not easily removed. Yet it is our response that tells the true story of us as a people. It is testament to us as a people that we hold ourselves to account for these appalling set of circumstances.
In announcing the substantive closure of the Report's recommendations, the Government and Defence remain committed to continuing to reform the culture within the ADF. This task is ongoing and enduring.
The Government thanks Major General Brereton and the Afghanistan Inquiry Report team, independent Afghanistan Inquiry Implementation Oversight Panel, participants in the Afghanistan Inquiry Reform Program and all of those who gave evidence or support to the reforms.
All serving and ex-serving ADF personnel and their families should know that if they need support they can contact Open Arms for free, 24 hours a day, seven days a week, on 1800 011 046 or visit www.openarms.gov.au
