ADF changed definition of sexual-related offences before class action

ABC NEWS (Australia)

The defence force is in discussions with its members in a wake of a landmark class action lawsuit. The action alleges service women were subject to systemic and widespread sexual assault and discrimination.

Transcript

00:00Defence knew that this class action lawsuit could be launched against them really any day.

00:07Now that was officially launched in the Federal Court on Friday,

00:10but weeks before that was filed, it changed the definitions of sexual related offences and sex offences,

00:18changing it from sexual misconduct to sexual violence.

00:22Now a letter cited by the ABC from the Chief of Defence says that this was done to reflect

00:28the seriousness of the Act and the enduring devastation that it has on people.

00:34Now this directive was rolled out a day before the case was terminated in the Human Rights Commissions.

00:40As is normal for class actions like this, they go before the Human Rights Commissions.

00:46In this instance, the case was brought forward against defence in December.

00:50If a resolution cannot be reached in the Human Rights Commission,

00:53it is terminated before it can be filed in the Federal Court.

00:58So in this instance, the Australian Defence Force knew since December last year that a case against it was looming.

01:05And a day before it terminated in the Human Rights Commission, it rolled out this directive.

01:10And now that directive also included that all members of the ADF, whether they be in Australia or overseas,

01:18must partake in these discussions led by their chain of command.

01:21Now these discussions canvassed issues like consent, what constitutes sexual violence

01:28and also the impact that it has on the broader Australian Defence Force and its personnel.

01:34The ABC has also cited a letter from the Chief of Air Force and he said that tackling sexual violence

01:41is a call to action for its members and addressed the rising instances and reports of sexual violence

01:48and unacceptable behaviour within rank.

01:51He said, given Australia's geopolitical and strategic environment that we find ourselves in,

01:58he said, and I quote,

01:59The Australian Defence Force responded in a statement.

02:08It confirmed that these discussions were underway.

02:11It also said that there was no place for sexual violence in the ADF.

02:16But I've spoken with several ex and current servicewomen

02:19and they say that this is a knee-jerk reaction to media reports

02:23and that unless real action is taken to stem sexual violence in rank,

02:29they say that this is just empty words.

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