Statement on the closure of the Afghanistan Inquiry Report

Mr Speaker, 

In 2016 the Inspector-General of the Australian Defence Force commissioned a judicial officer, Major General the Honourable Paul Brereton AM RFD, to undertake an inquiry into events in Afghanistan. This followed rumours of serious misconduct by members of the Special Operations Task Group in Afghanistan over the period 2005 to 2016.

Between 12 May 2016 and 29 October 2020 Major General Brereton and his team conducted 510 interviews in Australia and Afghanistan, encompassing approximately 2500 hours of testimony which in turn are recorded in over 60,000 pages of evidence. These interviews were undertaken on the basis that what was said could not be used in a court of law, which Major General Brereton believed was crucial in encouraging those involved to share what they knew.

The inquiry’s work was thorough, forensic and remarkable. What resulted was a 3255 page report which has come to be known as the 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 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 sub-culture 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 the 6th of November 2020, the Chief of the Defence Force (CDF) received the Brereton Report from the Inspector General 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. 

Since 2020 Defence has addressed the recommendations, and implemented a comprehensive plan at a systemic, organisational and cultural level. This has occurred across the tenure of both Labor and Coalition Governments. The implementation of the Brereton Report has essentially been bi-partisan. And I acknowledge the efforts of the former Coalition Government for its part in giving effect to the Brereton Report.  

In July 2021, a dedicated team was established within Defence with a mandate to implement the recommendations of the Brereton Report, to examine the root causes of the conduct identified, and to develop and embed within Defence measures to ensure that reform was both effective and enduring. This team and its work were called the Afghanistan Inquiry Reform Program (AIRP).

The AIRP sought to address the past by taking appropriate action to deal with organisational, collective and individual responsibility for failure and wrongdoing. 

It also sought to prevent recurrence by building the best possible Defence organisation for the future through comprehensively understanding and addressing the heart of these failures and wrongdoing. It sought to develop the systems, culture and accountability that will ideally prevent departures from required standards in the future, but – if departures do occur – to ensure that these are promptly detected and dealt with.

The work of the AIRP was reported publicly on the Defence Afghanistan Inquiry website on a quarterly basis. 

Reforms delivered by the AIRP addressed the critical issues identified in the Brereton Report’s recommendations. These encompassed leadership development and command arrangements; ethics, character, and culture; the Law of Armed Conflict and the protection of civilians; health and wellbeing; reporting and investigations; and information, data and records management. 

The work of the AIRP and all other aspects of Defence’s response to the Brereton Report were overseen by the members of the independent Afghanistan Inquiry Implementation Oversight Panel, which reported to me and my predecessors on a quarterly basis.

I take this opportunity to thank the members of the Oversight Panel for their diligence in ensuring the proper implementation of these vital reforms. 

Following our election in 2022, the Albanese Labor Government committed to the full implementation of the recommendations of the Brereton Report. At that time, there were 42 recommendations yet to be completed. 

In implementing the recommendations, we determined to undertake a thorough and robust process. We were unapologetic in taking the necessary time to ensure that each of the recommendations and each of the processes were fully completed. 

When the Oversight Panel needed an additional 12 months to complete its work, the Government granted it. Without reservation, we adopted the work of the AIRP as our own and committed to seeing it through. 

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. 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. 

To address the issues raised in the Brereton Report, an Office of the Special Investigator was established to prepare any prosecutions that arise as a result of the findings. The Office of the Special Investigator is independent and sits within the portfolio of the Attorney-General. Its work happens at arms-length from the Government. 

The four remaining recommendations remain on hold, pending investigations by the Office of the Special Investigator. 

Our Government recognised the utmost importance of the work of the AIRP and the Oversight Panel to the past, present and future of the Australian Defence Force. Delivering the recommendations to the fullest possible extent has been essential to restoring the full faith and confidence of the nation in the ADF. 

The Oversight Panel has expressed confidence that Defence has now delivered the wide-ranging and complex reform plan to the level and standard required by the Government. 

Accordingly, 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.

I wish to thank everyone who gave evidence to Major General Brereton’s inquiry. In many cases this involved great moral courage. Bravery comes in different forms. In speaking out, there were acts of bravery which rank in the highest echelon. All that we know and all that has since been done to address the wrongs of the past so that we can truly honour the sacred service of our defence force personnel is built upon the evidence which was given: the brave individual decisions to speak the truth. These people, whose names are not heralded, have changed our country for the better. Today we honour them.

I also thank all those who contributed their time and expertise to the development and implementation of the AIRP. 

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. 

Most significantly, while the formal work of the reform program has concluded, the work of the taskforce continues and the work of transforming the culture of Defence is ongoing and enduring. It remains essential. 

The allegations which are the subject of the Brereton Report are arguably the most serious allegations of Australian war crimes in our history. As the then CDF General Angus Campbell said:

“Such alleged behaviour: 

profoundly disrespected the trust placed in us by the Afghan people who had asked us to their country to help them;

it would have devastated the lives of Afghan families and communities, causing immeasurable pain and suffering; and

it would have put in jeopardy our mission and the safety of our Afghan and coalition partners.

…

These findings allege the most serious breaches of military conduct and professional values.

The unlawful killing of civilians and prisoners is never acceptable.”

This will always be a matter of national shame.

At the same time the Brereton Report, its recommendations, and the actions of successive governments in implementing these recommendations, are a demonstration to the Australian people and to the world, that Australia is a country which holds itself accountable. Any prosecutions of Australian War Crimes will happen inside Australia by Australian courts. 

In the history of human conflict, it is worth noting that this accountability is very unusual. Major General Brereton has lead a process which has global significance. 

And this accountability is profoundly important. 

Service in our Defence Force has always been and always will be a deeply honourable calling. The nation owes a debt of gratitude to those who have worn and will wear our nation’s uniform. For the 103,000 Australians who have made the ultimate sacrifice in that service their names are rightly inscribed on the roll which is accorded our country’s greatest honour. 

That we have held ourselves accountable in this moment allows Australia to continue to cherish this service: past and future. 

More than 26,000 Australians served in the war in Afghanistan. 

Bar the actions of a few, they undertook their service with professionalism, honour and integrity.

They should be proud of their contribution and we are proud of them. 

We acknowledge the 41 Australians who died on operations in Afghanistan, and today, and every day, we hold their families in our hearts. 

We acknowledge those wounded by their service over the course of Australia’s longest war. 

And those who have felt it’s aftermath.

The Government also recognises the heavy impact of the Brereton Report on our service personnel, veterans and their families. 

Today’s statement may raise issues for former serving ADF personnel and their families affected by the Brereton Report. 

The Government has ensured they have access to support from the Departments of Veterans Affairs and Defence and this help remains available. 

Anyone who requires assistance should contact Open Arms on 1800 011 046.

The Brereton Report and its recommendations offered a defining opportunity for Defence and the nation to do right in the face of wrong. 

While the journey continues, we have met this challenge. 

Defence is a different organisation to the one that existed at the end of the War in Afghanistan: better positioned to prevent, detect and respond to unlawful, unethical and unacceptable behaviours in the future.

While today marks a significant milestone, the work of reforming the culture of Defence continues. And I want to assure the Australian people that it does so with the absolute commitment of Defence’s leadership and this Government.