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Deputy Prime Minister and Minister for Defence Richard Marles has released a statement on the closure of the Afghanistan Inquiry report this week.
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The inquiry was originally investigated following rumours of serious misconduct by members of the Special Operations Task Group in Afghanistan over the period 2005 to 2016.
In 2016, the Inspector-General of the Australian Defence Force commissioned a judicial officer, Major General Paul Brereton AM RFD, to undertake an inquiry into events in Afghanistan.
Between 12 May 2016 and 29 October 2020, MAJGEN Brereton and his team conducted 510 interviews in Australia and Afghanistan, encompassing approximately 2,500 hours of testimony, which in turn are recorded in over 60,000 pages of evidence, to produce the 3,255-page “Brereton Report”.
“At the outset, I want to place on record the government’s thanks for the extraordinary work of Major General Brereton and his team. He has provided the nation with the opportunity to do all that we can to make right a terrible wrong. Australia owes him and his team a debt of gratitude,” the Deputy PM said.
“The Brereton Report concluded there was credible information of unlawful conduct; the most disturbing of which was the identification of 23 incidents involving 25 Australian Special Forces personnel.
“These incidents related to the alleged unlawful killing of 39 people by or involving Australian Defence Force members as well as the alleged mistreatment of two individuals.
“The report also concluded there was credible information of a subculture of elitism and deviation from acceptable standards which was normalised over time and into which more junior personnel were inculcated.
“These were findings of the most serious, disturbing and consequential nature. They warranted the most serious, considered and thorough response.”
On 6 November 2020, the Chief of the Defence received the Brereton Report from the Inspector General of the Australian Defence Force, announcing the findings two weeks later.
The CDF acknowledged the allegations of grave misconduct by some members of the Special Operations Task Group on operations in Afghanistan and apologised to the people of Afghanistan and the people of Australia.
The Brereton Report made a broad range of findings and 143 recommendations. Defence accepted all of the Brereton Report’s findings.
“Two of the outstanding recommendations of the Brereton Report related to command accountability of commanders during the relevant period. The last step on closing out these two recommendations was me writing to relevant commanders about my decision in relation to medals awarded to them as part of their service during periods proximate to the incidents which are at the heart of the Brereton Report,” the Deputy PM said.
“I have now written these letters. 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.
“This is the final step in government action emanating from the Brereton Report.
“Accordingly, of the 143 recommendations in the Brereton Report, 139 of these recommendations are now closed. The four remaining recommendations remain on hold, pending investigations by the Office of the Special Investigator.
“Today I advise the House that the work of the Afghanistan Inquiry Reform Program has formally concluded and with this the government formally closes its response to the Brereton Report.
“To be clear, the work of the Office of the Special Investigator is ongoing. Any prosecutions which are pursued by the Office of the Special Investigator will take years to complete. Consistent with the approach of past governments, and with our government’s commitment to respecting the Office of the Special Investigator and its work, I will not make further comment on these investigations.
“Other work will also continue. In response to recommendations of the Brereton Report, Defence has developed a whole-of‑government response to compensation. The government will establish the Afghanistan Inquiry Compensation Scheme in regulation, under which compensation claims may be managed by the Afghanistan Inquiry Compensation Advocate.”
