Landmark Military Sexual Violence Inquiry Gains Momentum as Gag Orders Lifted
A significant breakthrough has been announced for the upcoming military sexual violence inquiry, with assurances that gag orders preventing former and current Defence personnel from speaking about their experiences will not be enforced. This crucial decision will allow victim-survivors, many of whom are bound by non-disclosure agreements (NDAs), to participate fully and share their truths.
The confirmation comes from Veterans Affairs Minister Matt Keogh, following a compelling letter from the Human Rights Law Centre. The centre had urged federal ministers and the newly appointed head of the Defence and Veterans’ Service Commission to grant amnesty to individuals silenced by NDAs.
“This decision may give back [a] voice to thousands of servicemen and women who signed it away without realising the impacts on their lives long-term,” stated Regina Featherstone, a senior lawyer at the Human Rights Law Centre. “This inquiry will be a moment for truth but also for healing.”
Previously, there were serious concerns that some of the most profoundly affected veterans would be excluded from providing evidence due to these legal constraints. However, Minister Keogh’s correspondence clarifies that this will not be the case.
“The government will not enforce NDAs (including any non-disparagement requirement) between the commonwealth and current or former ADF members in relation to sexual violence, if they wish to speak about their experience with the inquiry or make a submission to the inquiry,” the Minister’s letter explicitly states.
While this is a monumental step, the government has reserved its right to maintain confidentiality regarding specific details, such as financial settlement amounts. Furthermore, survivors cannot be released from obligations they may have to third parties.
Crucially, the commonwealth has not yet committed to a permanent waiver of NDAs beyond the scope of this inquiry. “We urge the minister to extend these protections with a permanent amnesty for victim-survivors, so the Australian Defence Force can continue to reckon with the problem of sexual violence at the inquiry and beyond,” Ms Featherstone emphasised. “The era of cover-up and silencing women must end.”
Julia Delaforce, a former servicewoman who endured an NDA for 15 years before successfully regaining her voice through legal avenues, described the government’s commitment as an “enormous step” towards the inquiry’s capacity to enact meaningful change.
“The [inquiry] will only be meaningful if veteran survivors can participate without fear of legal threats, retaliation or being told once again to stay silent,” Ms Delaforce asserted. “Today’s commitment gives veterans a clearer path to speak their truth to power, and it must be the beginning of a permanent end to [issuing of NDAs].”
Military Justice System Under Scrutiny
This vital commitment from the commonwealth arrives concurrently with the public release of the final terms of reference for the military sexual violence inquiry. The establishment of this inquiry was a direct recommendation stemming from the Royal Commission into Defence and Veteran Suicide.
The scope of the inquiry is extensive, encompassing:
- Prevention strategies for sexual violence within the ADF.
- Early intervention measures to address and mitigate risks.
- The processes for reporting sexual violence incidents.
- The ADF’s response mechanisms to allegations and confirmed cases of sexual violence.
A particularly critical aspect of the inquiry will be a thorough examination of the military’s justice system. This includes probing instances of misuse and abuse within the system and identifying the barriers that civilian police face when attempting to investigate matters of military sexual violence.
Donna Manton, the director of the Athena Project, an organisation dedicated to advocating for and supporting victim-survivors of sexual violence in the military, highlighted the significance of this focus. “The [military justice system] is not victim-centric currently and is not providing a good outcome for victims,” she stated.
Ms Manton shared a poignant anecdote from a young soldier who reported a sexual assault. Instead of the perpetrator facing the full consequences, her entire group received infringements because the alleged offender disclosed they had been drinking, a minor military infraction. “Her words were ‘Yeah I reported it and got an infringement’. Hardly encouraging,” Ms Manton recounted. “This is how reporting of a more serious criminal matter is undermined by a focus on minor military-only matters like drinking in the lines, and the military justice systems produced an unintended outcome.”
Ms Manton expressed her satisfaction with the final terms of reference, noting they represent a significant improvement over the draft version released late last year. She recalled feedback from a former servicewoman and expert on military sexual violence who described the initial draft as appearing “like they were written by a bureaucrat, looking for a quick tick and flick to get [this] inquiry over and done with.”
The inclusion of an advisory group comprising survivors to support the inquiry was also welcomed by Ms Manton. “This is a good step after it initially being optional for consultation with survivors in the original,” she commented. “I hope it will be used to influence the outcomes, not just rubber stamp them.”
Minister Keogh reiterated the inquiry’s purpose: to hold perpetrators accountable, identify systemic deficiencies, and enhance the protection of victim-survivors. “This inquiry will recommend systemic improvements as we work to eradicate the scourge of sexual violence in the Australian Defence Force,” he concluded in a statement.
