Afghanistan Inquiry Compensation Scheme advocate appointment

The Albanese Government has appointed the Hon Justice Ruth McColl AO as the Afghanistan Inquiry Compensation Advocate.

The Inspector-General of the Australian Defence Force Afghanistan Inquiry report contained 15 recommendations to pay compensation to victims, and their families, where there was credible information involving allegations of property damage, assault or unlawful killing, by ADF members on operations in Afghanistan during the period 2005-2016, without awaiting the establishment of criminal liability.

In response, the Government directed Defence to design a compensation scheme under regulation, which came into effect on 19 July 2024. 

Justice McColl comes to the role following a distinguished career in the legal profession and sustained commitment to the service of the law and to the judiciary. Her Honour is independent of Defence and will review claims for compensation referred by the Chief of the Defence Force, and make recommendations on the payment of compensation under the criteria set out in the regulation. 

Compensation provided under the Afghanistan Inquiry Compensation Scheme may include monetary or non-monetary compensation.

Defence has launched a dedicated webpage for the Afghanistan Inquiry Compensation Scheme which provides information and a submission point for applications. The information will be available in both Pashtu and Dari.

This webpage is accessible here: https://www.defence.gov.au/about/complaints-incident-reporting/afghanistan-inquiry-compensation-scheme

Quotes attributable to Deputy Prime Minister, the Hon Richard Marles MP:

“The appointment of the Hon Justice Ruth McColl as the Afghanistan Inquiry Compensation Scheme Advocate is another important step as we hold ourselves to account for the circumstances outlined in the Brereton Report. 

“Establishing a transparent process for compensation claims respects all those affected by these events. This scheme reflects the Albanese Government’s resolve to support those who have been impacted by the actions of certain Australian Defence Force members during operations in Afghanistan. 

“We again acknowledge 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.”