Posts

Who read the reports? Who considered the warnings? Who signed off on the risks?

At Senate Estimates, I asked officials from the Department of Defence whether the officer responsible for operational airworthiness had read key reports, considered critical safety assessments, and reviewed evidence relating to the approval of TopOwl 5.10.

Did he read the German report? Defence couldn’t say.

Did he read the Navy test report in full? Defence couldn’t say.

Was he aware of Army test findings that raised serious flight safety concerns? Defence couldn’t say.

Question after question was taken on notice.

This isn’t about hindsight. It’s about understanding what evidence was considered, what warnings were known, and how decisions affecting the safety of Australian aircrew were made.

Those answers matter.

Transcript

Senator ROBERTS: Thank you, Chair, and thank you all for appearing. Thank you for your service to the country and our defence forces. You’ve already said, Group Captain Smith, that you didn’t watch Wilson and Lamb this morning. Is that correct?  

Group Capt. Smith: Yes, Sir.  

Senator ROBERTS: Are you aw re that your statements are littered with the words ‘probably’, ‘likely’, ‘could be’. Th aey were very, very definite because they had actually come to a definite conclusion as to what would happen under the circumstances of this helicopter using TopOwl if they engaged that in flight. Are you aware?  

Group Capt. Smith: Are you referring to the verbal probability expressions the investigators use?  

Senator ROBERTS: I’m referring to you not being concrete, whereas Wilson and Lamb were concrete in saying, ‘Under these circumstances, this will happen.’  

Group Capt. Smith: I can’t comment on the views or opinions of Mr Lamb or Mr Wilson.  

Senator ROBERTS: Have you consulted Mr Lamb or Mr Wilson?  

Group Capt. Smith: No, I have not.  

Senator ROBERTS: Not at all? The most experienced and qualified test pilot in Australian Navy and Australian Defence Force history.  

Group Capt. Smith: I’m not aware of the comparison of their qualifications compared to other ADF pilots.  

Senator ROBERTS: My questions go to airworthiness and approval, not just of TopOwl but also the aircraft itself, training and approved training schemes, and the processes in the Army. Do you consider that the advice and the roles played by Fenwick, Norton and Lynch are independent? Yes or no?  

Major Gen. Hafner: Sorry. Can you clarify—when you say the roles were independent.  

Senator ROBERTS: What roles did they play? If you could perhaps describe the roles of Fenwick, Norton and Lynch and then whether or not you consider that to be independent.  

Major Gen. Hafner: In terms of the process that’s applied here and in this circumstance of introducing the helmet-mounted sighting device, the HMSD, referred to as the TopOwl, I believe we heard this morning that you have the pilot’s helmet and a visor system, which is the helmet-mounted sighting device referred to as the TopOwl because it actually has a couple of big circular areas on the front, which is where the image is projected. But really—  

Senator ROBERTS: Can you tell us their roles and whether or not you consider them to be independent?  

Major Gen. Hafner: Their role is within the Army Military Air Operator organisation, which then conducts a sequence in accordance with the Defence Aviation Safety Regulations.  

Senator ROBERTS: What did John Fenwick do? 

Major Gen. Hafner: His role was as the Director-General Army Aviation and he participated—  

Senator ROBERTS: David Lynch?  

Major Gen. Hafner: Colonel David Lynch at the time was the director of operational airworthiness.  

Senator ROBERTS: And Norton?  

Major Gen. Hafner: Lieutenant Colonel Anthony Norton was one of our experienced qualified test pilots and qualified flying instructors.  

Senator ROBERTS: Do you consider them to be independent in regard to the assessment after the crash?  

Major Gen. Hafner: I would say that they didn’t conduct an assessment after the crash. What I would say is they were involved in the process to introduce the helmet-mounted sighting device software version 5.10, an upgraded version of the software, which brought a number of enhancements above the previous software version, which, through some of the test reports, is reflected as improving the situational awareness for our pilots. So they were involved in the introduction process, which then was independently assured by the Defence Aviation Safety Authority before that item was released into service.  

Senator ROBERTS: Let’s focus on Director of Operations Airworthiness, David Lynch. If you can’t answer the question, just take it on notice please, and maybe consult with him. At the time, he recommended approval of the HMSD version 5.10. That’s TopOwl, right?  

Major Gen. Hafner: That is the software version that enables the system.  

Senator ROBERTS: At the time, did he have a working knowledge of the DASRs?  

Major Gen. Hafner: As the Director of Operational Airworthiness, that awareness and functioning within the Defence Aviation Safety Regulations is a normal part of the duties of that appointment.  

Senator ROBERTS: As part of the DASR approval process, the manufacturer provided documentation showing the HMSD version 5.10 software could be loaded into the MRH-90 and function without causing interference, so it’s accepted that the system was, from a technical engineering perspective, safe to install. But what evidence did Lynch consider to determine that the software was safe for use by Australian crews in the MRH-90 role and operating environment?  

Major Gen. Hafner: There’s a range of inputs to the introduction of service of an item. There are obviously technical aspects, but then there are operational tests and there are operational procedures as well, so you need to look at it all holistically. In this case, once the technical certification is done by our chief engineer for that aircraft then you consider the varying test reports that you have on the system in terms of its operational usage. In this case, like I said, each of the test reports from the Army aviation test and evaluation section from our Navy’s flight test organisation and then through that further test and evaluation by a range of very experienced test pilots and instructors, all of that really helped to characterise what AATES had initially identified in this pitch issue, which then resulted in procedures being applied within our publications so that the aircrew have an understanding of what the limitations of this system are for safe employment. It also resulted in the development of training, which all of the pilots were required to undertake before they were permitted to operate with this system. And that’s all designed so that you understand the bounds within which this system is used to enable safe flight operations. That would have all been considered within that passageway through those individuals.  

Senator ROBERTS: So let’s work through some evidence in chronological order that I’ve been told is or should have been considered. Did Lynch consider the German report as evidence supporting that the software was safe for use by Australian crews in the Australian role and environment?  

Major Gen. Hafner: I’m unaware to what degree the contents of that report were considered. I am aware that the knowledge of that report was available at the time.  

Senator ROBERTS: At the time, did he actually read the report?  

Major Gen. Hafner: I can’t comment on that 

Senator ROBERTS: Can you take that on notice and ask him?  

Major Gen. Hafner: We can take that on notice.  

Senator SHOEBRIDGE: Can you confirm it was a classified NATO report and not available to non-NATO members?  

Senator ROBERTS: My understanding is that no-one in Australia had access to it.  

Major Gen. Hafner: Look, if I can take that on question on notice then we’ll be able to confirm.  

Senator ROBERTS: He then supposedly considered the Navy test report. Would that be correct?  

Major Gen. Hafner: That’s correct.  

Senator ROBERTS: At the time, had he read that report in full?  

Major Gen. Hafner: I couldn’t answer on behalf of Colonel Lynch.  

Senator ROBERTS: Could you take that on notice?  

Major Gen. Hafner: I’d need to take that on notice.  

Senator ROBERTS: Now it’s agreed that, in general terms, the Navy said TopOwl software was safe to use when operating to a ship—correct?  

Major Gen. Hafner: The report deemed the helmet-mounted software device software version 5.10 as satisfactory. But as I said, it recommended further operational test and evaluation in a land low-level environment, particularly with reference to the pitch scale information.  

Senator ROBERTS: So was he aware that the Navy report actually recommended AATES conduct an assessment to see if the software was safe to use in roles in environments other than operating to a ship?  

Major Gen. Hafner: Again, I wouldn’t be in a position to speak on behalf of what Colonel Lynch knew or did not know, or read or did not read.  

Senator ROBERTS: Could you take it on notice?  

Major Gen. Hafner: We can.  

Senator ROBERTS: He then considered the AATES report. At that time, had he read the report?  

Major Gen. Hafner: Again, the line of questioning is very much asking what an individual did, knowing that I wasn’t that individual, so I’d be reticent to answer on his behalf.  

Senator ROBERTS: We do a lot of preparation in my office, as I think Senator Shoebridge does, and Senator Cadell, and we were hoping Colonel Lynch would be here, but he’s not, so you’re the man responsible. Was he aware that AATES assessed that the software version represented an unacceptable risk to flight safety, implying a very high risk of multiple deaths?  

Major Gen. Hafner: As I’ve indicated, through that introduction process, the test reports from the Army Aviation test evaluation section from our Navy’s flight test organisation and then through the subsequent operational test and evaluation, were all considered as part of the introduction of service sequence.  

Senator ROBERTS: I’d like a specific answer. Was Colonel Lynch aware?  

Major Gen. Hafner: I’ll take that on notice.  

Senator ROBERTS: Yes, that’s fine. I’ll give you some context. You probably already know this but for others in the room, the Defence aircraft safety design requirements manual apparently states that compliance with the recognised airworthiness code underpins safe flight. It outlines that airworthiness code compliance contributes to Defence meeting its legal obligations under the Workplace Health and Safety Act. It specifically requires that major changes such as software in version 5.10 be airworthiness code compliant. Was Colonel Lynch aware that the federal aviation regulations are DASR-approved airworthiness codes?  

Major Gen. Hafner: Again, I wouldn’t be in a position to answer what another individual knew or didn’t know at that time. I can take that on notice.  

Senator ROBERTS: Was Lynch aware that AATES report included the formal assessment that HMSD version 5.10 was non-compliant with federal aviation regulations airworthiness codes?  

Major Gen. Hafner: Again, any of the commentary regarding what Colonel Lynch knew or didn’t know, I think they’re questions I’d need to take on notice to take back to Colonel Lynch. I wouldn’t like to speak on the individual’s behalf. What I can say to you is all of those elements were considered as part of the introduction into service process.  

Senator ROBERTS: Take this on notice, please: at the time, did he have any evidence to show version 5.10 was compliant with any DASR recognised airworthiness code?  

Major Gen. Hafner: We’ll take that on notice.  

Senator ROBERTS: On notice: did he then consider the Langley-Norton operational evaluation, which in broad terms said version 5.10 was safe?  

Major Gen. Hafner: Again, I want to absolutely help the committee here—  

CHAIR: Can I perhaps assist? Senator Roberts, if you’ll allow, if you’ve got questions in that third-party context, perhaps they could all be provided on notice in bulk, and then we could—  

Senator ROBERTS: I think that might be the best thing to do.  

CHAIR: If I can assist in suggesting that. Then, if you’ve got questions that are for those that are here—  

Senator ROBERTS: These are all questions for Colonel Lynch, so we might as well cut through—  

Major Gen. Hafner: As I said, I’m very much trying to assist the committee; it’s just that I wouldn’t like to speak to what another individual knew or didn’t know. I think I would be speaking out of place in that regard. What I can speak to is the process and what the organisation had worked through in terms of whether those elements were considered. I can speak to that.  

Senator ROBERTS: I’m happy with that. He was director of operational airworthiness, as you know. His rank was colonel. If you could just get his answers to questions on notice.  

Major Gen. Hafner: Absolutely. Will do, Senator.  

Senator ROBERTS: Thank you. 

I questioned Comcare officials on the details of their investigation, confirming that they had identified two matters warranting a brief of evidence to the Commonwealth Director of Public Prosecutions (CDPP), though they failed to identify any individuals responsible for systemic issues.

When I asked about conflicts of interest among witnesses or within the Defence Flight Safety Bureau investigation, as well as serious concerns regarding the corruption of process and the fabrication of evidence, I was told they were unaware of any such issues.

Despite confirming that their recommendation for prosecution stands, they noted that reopening the case is severely restricted by a two-year limitation period under the Work Health and Safety Act. This period can generally only be extended for another 12 months through the IGADF or Queensland coroner’s reports.

I pressed whether this Senate inquiry, particularly regarding my concerns about conflicts of interest, corruption, and fabricated evidence, could also trigger a review, prompting officials to take my questions on notice while confirming their ongoing investigation would consider any new material that comes to light.

Transcript

CHAIR: Senator Roberts.  

Senator ROBERTS: Thank you for appearing. How many breaches of acts have you identified in this case?  

Mr Radford: We formed the view in this case that there were two matters that warranted a brief of evidence to the CDPP.  

Senator ROBERTS: And did you identify any individuals responsible, or was it systemic?  

Mr Radford: No.  

Senator ROBERTS: You haven’t. Did you hear the testimony of Mr Wilson and Mr Lamb?  

Mr Radford: I heard it in part, and then we were travelling to parliament, so I didn’t hear the whole testimony, but we heard a substantial section of it, yes.  

Senator ROBERTS: Are you aware of any conflicts of interest or potential conflicts of interest in this case?  

Mr Radford: Of whom?  

Senator ROBERTS: Of witnesses.  

Mr Radford: No, not that I’m not that I’m aware of.  

Senator ROBERTS: What about the Defence Flight Safety Bureau investigation? Did you assess that?  

Mr Napier: That was part of the material assessed by the investigator, yes.  

Senator ROBERTS: Was there any potential for conflicts of interest there?  

Mr Napier: There was none that I’m aware of.  

Senator ROBERTS: What about corruption of process?  

Mr Napier: Again, there was none that I’m aware of.  

Senator ROBERTS: What about evidence being fabricated?  

Mr Napier: There was none that I’m aware of.  

Senator ROBERTS: Has any pressure been put on you? You were actually recommending prosecution, weren’t you?  

Mr Radford: Yes, we in fact did recommend prosecution, and that remains our position.  

Senator ROBERTS: This may have been asked in part by one of the other senators. What is the avenue for reopening the case?  

Mr Radford: I might defer to Ms Close, but the avenue is that, if the IGADF or the Queensland coroner’s reports or findings give rise to a view that there has been a contravention of the act, as I understand it, that may re-enliven the statutory period for a further 12 months.  

Senator ROBERTS: Is there any other avenue apart from those two investigations?  

Mr Radford: There is none that I’m aware of.  

Ms Close: I’m not aware of any, but one of the limitations of the Work Health and Safety Act is that there is a two-year limitation period which cannot be extended other than in very specific circumstances, which have been described by the Commonwealth Director of Public Prosecutions and which in this case specifically relate potentially to the findings of other inquiries.  

Senator ROBERTS: So what about this Senate inquiry?  

Ms Close: I am unsure of the position of that. We would need to take that on notice.  

Senator ROBERTS: Especially with regard to the three items I mentioned—conflict of interest, corruption and evidence fabrication—you’d consider that? You’d take it on notice?  

Mr Radford: I’m sorry, but I didn’t quite hear the question.  

Senator ROBERTS: You consider those or you’d have to take on notice whether or not you could consider them?  

Mr Radford: We would consider any material that that came to light if we were to—I’ll go back a step. Our investigation is ongoing, and we would consider any matters that came to light in the event that there was an opportunity to progress another brief of evidence to the CDPP.  

Senator ROBERTS: Thank you very much. 

Families and relatives of Australian Defence Force personnel killed in a fatal military helicopter crash appeared at a Senate hearing to share their stories.

They expressed deep anger over the senior ADF leadership’s refusal to admit fault, take responsibility, or answer straightforward questions, resorting instead to defensive “word salad” and bureaucratic deflection.

Critical equipment oversights were highlighted, such as flying aircraft with known defective turbines (unlike the Navy and New Zealand, which grounded their fleets) and ignoring safety reports regarding malfunctioning fast-release ladders.

They told us of a toxic culture where service members avoid raising safety concerns out of fear of harming their careers, promotions, or looking weak, leading to dangerous normalisation of risk.

Surviving partners detailed immense frustration with the Department of Veterans’ Affairs (DVA), citing rigid, unrolling support packages, bureaucratic hurdles, and a lack of practical assistance during their acute grief.

While these families maintained immense respect for frontline soldiers, sailors, and airmen, as well as immediate unit commanders, they expressed profound distrust in senior military leadership and questioned the overall security posture of the ADF.

Despite their devastating losses, the families expressed profound hope that the inquiry would finally bring out the truth, ensuring greater safety and accountability for future generations serving in the armed forces.

Transcript

Senator ROBERTS: Thank you for appearing. Thank you for your families’ service, because it’s not just the person who enlists who serves, is it? Thank you for your submissions and for sharing what your boys, your men loved. Look, I can’t imagine your grief and anger—I just can’t—especially because your loss and harm were avoidable. I asked some questions and had a briefing from Defence, Army, after the Jervis Bay incident. I kept asking why, and I got the feeling very strongly—I want to put it on the record—that they were delaying. They were dodging. Is there anything else you’d like to put on the record that you want to say? Your statements have been really effective. Does anything else come to mind? How do you feel? What are you feeling? Yes, Mr Naggs?  

Mr Naggs: ‘Where does this end?’ is a question I think we all have. How does it end?  

Senator ROBERTS: You’d like clarity.  

Mr Naggs: Yes. I’d also like an admission from the leaders of Defence that something went wrong. What we just saw there was an absolute effort to not admit anything. I don’t know where that fits in with the concept of leadership. I always thought leadership was about accountability and honesty—just an admission of, ‘Hey, we can do better.’ There are a whole heap of recommendations that can come out of these reports, and they can say, ‘We’ll adopt them,’ but the first thing of reform is to admit some accountability and transparency and go forward. That’s leadership. How do you train leadership when that fundamental value is not displayed in your leaders?  

Senator SHOEBRIDGE: Sometimes it feels like, when you’ve got Defence, it’s ‘pin the tail on the jellyfish’. It just keeps moving and avoiding.  

Ms Loft: Unfortunately, we often see that it’s not the people making the decisions that are held to any account or fault. It’s the people far down the chain of command who are simply enforcing those decisions that were made far above them.  

Senator ROBERTS: I’ve seen that in a number of ways in the last 10 years.  

Mr Nugent: I was sitting here today listening to the evidence of the Defence people—General Hafner—and I was waiting for you to ask the question: ‘How big is the flight manual? How many pages does the flight manual have? 10? 100? 1,000? 2,000?’ It’s huge. To sit there and say, ‘We put it in the book. Read the book. The pilots had read the book. And then, in those fatal few seconds, recall the book. Act appropriately. Follow your training’—  

Ms Nugent: And on something that’s against human instinct.  Completely against human instinct. Unfortunately, they talk about pitch ladders and horizons in the TopOwl, and you don’t get an opportunity to see what that actually looks like. That’s things moving around in front of you. It’s not something just off in the corner. It’s right there in front of you. To say, ‘It’s in the book,’ is an absolute cop-out. The Jervis Bay incident is a classic example of that. No-one told the pilots, and it’s in evidence that the pilots weren’t told that they were flying aircraft with a known defective turbine that was going to get fixed in maintenance down the line— Unidentified speaker: But not at the same time.  and that turbine could fail in a critical phase of flight.  

Mrs Lyon: Everyone else changed their turbines. Navy did. New Zealand did. Everyone else changed them.  

Ms Loft: They grounded the fleet.  

Ms Whyte: Immediately.  

Mr Nugent: My question for that one is: would those pilots on that night or the pilot in the ditched aircraft, had they known that they could have experienced an engine failure in a hover or a critical phase of flight, have reacted differently?  

Ms Nugent: Would they have gotten in there?  

Mr Nugent: Would they have just powered the aircraft away?  

Ms Nugent: They had people dangling underneath them. They didn’t even have a chance to know, to even stand up for themselves. They just said: ‘Alright, off we go. Everything’s fine.’ And they had however many people under them. It wasn’t just the pilot’s life or the crew’s life that was at risk then. That’s a lucky incident.  

Senator SHOEBRIDGE: We’ve since found out that the Army Aviation evaluation team also told them that the fast release on the ladder wouldn’t work in situations like this. They’d been told about it and they hadn’t fixed it. In that very situation, the fast release was pulled and didn’t work, and that’s why we were so close to yet another catastrophe. The ladder wasn’t released and all of those service personnel were pretty much under the helicopter as it was going down because, again, they ignored an AATES report.  

Mrs Lyon: That’s my concern. I’ve said it before. So we now know about the turbines and we now know about the circumnavigating and getting through TopOwl. What other pieces of equipment sitting in military aircraft, inside weapons, inside other really life-altering devices have also been circumnavigated? What else are they putting in or not putting in? Do you know?  

Senator ROBERTS: You need exposure, truth, openness.  

Mrs Lyon: Yes, that’s all we’re asking for.  

Mr Nugent: The cynical version of me says that they had made the decision to change the new Black Hawke prior to Talisman Sabre. Max was getting ready to go and do his Black Hawk conversion. The cynical part of me says, ‘This is the big show. Every two years is the big show. How bad will we look to our allies when we say our aircrafts don’t cut it? We can’t fly tonight. We shouldn’t be flying.’ They didn’t put in the recommendations from the near-miss at Townsville. If those recommendations were in practice and in place, would they have launched that night?  

Senator ROBERTS: I was going to ask and I still will: what can I or what can we do? You’ve already answered the question in part. You won recognition and acknowledgement that your husband fought to the end because he cared.  

Mrs Lyon: Yes.  

Senator ROBERTS: The last thing he did was to prevent that accident, that fatality, so I give you that acknowledgement—from me anyway.  

Mrs Lyon: Thank you.  

Senator SHOEBRIDGE: You can read it in the report. I just wish it was said in the conclusions. You read it in the report. Actually, for the first time ever, I heard it expressed just before. There wasn’t a lot that pricked my ears up. We did hear that expressed just earlier, Mrs Lyon.  

Mrs Lyon: We did.  

Senator SHOEBRIDGE: We should reflect back on that and acknowledge it.  

Senator ROBERTS: I asked: what do you need? You’ve already said ‘care’—care for those who are left behind.  

Ms Loft: Self-Determination. Alex told me one day, if he were not to come home, that I’d get this, this and this and I’d be looked after, and we have not been looked after. They go to work every day on the assumption that, if they do not come home, everything will be okay for whoever’s left behind and that is not the case. You’re left to fight through bureaucracy. You’re left to fight through a number of systems. We were a complex situation. We didn’t find out the result of the FSB investigation for almost two years. They were two years left to sit there, twiddle our thumbs and wonder what the heck was actually going on. You’re given two years under DVA with an acute support package to regain capacity. We’re still in the thick of this process. How can you even begin to regain capacity? This has been raised. Under those two years, you are allocated X amount of funding. That funding is then sent off to a delegate to actually determine where that funding is allocated. I did not use the majority of the funding that I received because it did not sit in something that I needed at that time. As part of my package, I was given services for return to work. I returned to work maybe six months ago. How could I use that in two years when we spent 57 days sitting in hearings? It’s one thing to hear that and say, ‘Okay, we’ve been given 57 days of hearings. That’s 57 days out of two years.’ Sure it is. That’s not wrong. We had the emotional lead up, where you spend a week preparing yourself to know that you’re about to hear the most traumatic information you could possibly hear about your loved one and the continued failures. Then you have the comedown from that during which you come home and you’re so mentally and emotionally fatigued that it takes another few weeks to put your life back together. So, yes, it may have been 57 days. In reality, it was far more than that. Yet we actually applied. We petitioned to have our acute support package extended and it was denied. It didn’t reach ministerial level. It was handled below that.  

Senator SHOEBRIDGE: Was this even though that each of you had unspent funds in it?  

Ms Whyte: The fact that it doesn’t even roll over—  

Ms Loft: Yes, it doesn’t roll over.  

Ms Whyte: is one recommendation that would make sense, and to be able to extend it because we didn’t have the capacity to (a) know it existed, that we could choose when it started. We didn’t know. We didn’t have the capacity. We weren’t informed. And (b) we didn’t have capacity to use it. We weren’t capable of being like, ‘Oh, what could we do right now in our free time to build capacity?’  

Ms Loft: Things that we asked for, we actually couldn’t get. I couldn’t cook. I cooked for Alex, so the thought of actually being able to cook a meal—I didn’t use my oven for 18 months. I asked for something like a thermomix because you just have to be able to delegate and offset any of those day-to-day tasks that used to be very simple 

Senator ROBERTS: The other thing that you said, Mrs Lyon, was that you’d like an admission from Defence, for them to have some responsibility. Basically, you’re saying that they failed your families in the fatal crash and they’re continuing to fail your families.  

Mrs Lyon: Correct. What happened to Dann and the boys and what happened to our family unit is the most devastating thing you could ever imagine. What then happened afterwards, and the trauma that that has caused, has been indescribable. It has not stopped, it will not stop and every time we turn around there is something that makes it worse. I would like that acknowledged and apologised for.  

Senator ROBERTS: Is there anything else anyone would like to say along that line? I want to change tack slightly and I don’t want to do that—  

Mr Nugent: I appreciate that. Look, I’ve listened to a lot of evidence over the years. I’m a 30-year-plus career policeman. I’ve been in enough courtrooms. I’d really like senior Army officers to just answer questions with ‘yes’ and ‘no’. I got a little bit tired of them thinking that they were the smartest people in the room. Sadly, they’re not. They definitely weren’t at the IGADF inquiry. There was the word salad, the stretching of words and the adding of acronyms to deliberately not answer questions. Even with the last question today about reputational damage— that damages their reputation.  

Ms Whyte: Precisely.  

Ms Loft: But also it’s— 

Mr Nugent: There’s damage to their reputation because they just cannot be honest and answer a question with ‘yes’ or ‘no’.  

Ms Nugent: And then it’s a punch in the face for us, again, to sit there and not—  

Mr Nugent: I sit there and I listen to this word salad over and over and over again.  

Ms Nugent: You just want someone to say ‘I’m sorry’—not even ‘I’m sorry’, but just ‘yes’ or ‘no’: ‘We were at fault here’ or ‘We were not’. I’m not going to take it personally. To go around and have my brother, your partner, your husband, your son to just be a blip of nothing and to not acknowledge that they were a human and that they mattered is exhausting. It’s just exhausting. 

Senator ROBERTS: Did you see the testimony of Mr Wilson and Mr Lamb?  

Mrs Lyon: Yes.  

Senator ROBERTS: The accusations of conflicts of interest stymied the investigation. We heard about the corruption—and I think you used the word ‘suppression’; it may have been someone else—and also evidence being fabricated. That is pretty serious stuff.  

Mrs Lyon: It is, isn’t it?  

Mr Nugent: This is no different to an internal investigation in the police. It’s no different.  

Senator ROBERTS: Yes.  

Mr Nugent: The first question that you get asked—the first form you fill out is the conflict-of-interest form. Perceived or real, you must disclose it before you take part, and I can tell you hand on heart: if you tick that box to say there is a perceived or potential conflict of interest, in 100 per cent of occasions you will be excluded from that investigation.  

Senator ROBERTS: Let me ask you a question, because some people in Defence have said that this inquiry just prolongs your agony. Does this inquiry needlessly extend your grief, or does it give you hope that some truth might come out?  

Mrs Lyon: It absolutely gives hope.  

Mr Naggs: It gives us hope.  

Mrs Lyon: We are so incredibly grateful, because we are desperate for the truth, and we can do this for as long as it takes to get there, because our boys deserve that. Our men and women who serve this country deserve it. Everyone has a right to go to work and be safe—everyone, no matter what they do. There is a difference between going to war, being in war, and going to work every day and doing your job, and that’s what they were doing. They were doing their job, and they had a right to be safe.  

Ms Whyte: I’ll add to that. Special operations shouldn’t be a reason not to adhere to that as well. It shouldn’t be more of a reason to go under the carpet—’Let’s not look at that or acknowledge it.’ They still had the same duty of care to uphold, and they didn’t.  

Ms Loft: They understood that their roles were inherently risky. Everyone knows that when it comes to military aviation, realistically, unfortunately, it’s a matter of when, not if. But, as has been said multiple times, they stepped onto those jets assuming that everything was fine and that everything had been put through rigorous testing and was signed off by the best of the best, and they had faith in that.  

Mr Nugent: Well, they have to have absolute 100 per cent faith in that, don’t they?  

Ms Loft: And they can’t question it, because otherwise how do they do their jobs 

Mr Nugent: Defence in general leverages young people with a can-do attitude. It exists for that reason—or not for that reason but because of that reason. Young men and women will put themselves in dangerous positions, and they leverage that. Over time, you get risk normalisation: ‘It was okay last night; we got away with that one.’ Probably, sadly, it was too long a gap between the Black Hawk disaster and our crash.  

Senator ROBERTS: Even Jervis Bay.  

Mr Nugent: Jervis Bay is a classic example. Max was rattled by that incident, and he said, ‘But hopefully it’s okay; they’re fixing the engines.’  

Ms Whyte: And he had faith in that. He thought they would do that.  

Mr Nugent: That’s pretty telling, you know. And how did they deal with that accident? They all went out on the drink, didn’t they? ‘Come on, boys. Let’s go to the pub. We’ll sort this out and have a chat.’ Culture—this comes down to culture.  

Ms Loft: And I think the inherent—I suppose I’ll use the word ‘tendencies’. Even though they may want to speak openly and honestly, at the end of the day, if they speak, it’ll cost them a promotion or it’ll cost them their career.  

Ms Nugent: You don’t want to be the one to say, ‘I’m too scared for that,’ or, ‘I don’t feel comfortable.’ You don’t want to seem like that. There are some girls in 6 Av, and I’m good friends with one of them. But, if you’re a guy, you don’t want to speak up, because you’ll look bad. Max was the one of the most junior. He was, I think, the youngest. He doesn’t want to say, ‘I’m sorry,’ because it’ll look bad on him, because that’s the culture of it. 

Senator ROBERTS: Twenty-odd years ago, when I was working as a consultant, I found it hard to get people to do their planning in underground coalmines: ‘Oh, no; she’ll be right.’ I went to a retired colonel and a retired captain, and their pride in the Australian Defence Force—both were in the Army, and I realised that the Australian Army punched above its weight in so many ways right from its inception. It’s got a record and a history of punching above its weight, earning the respect of its enemies and its allies. What the hell has happened?  

Ms Loft: It makes me really sad, because Alex discharged—this is before I was with him—because he kept getting passed over for deployment. He enlisted at 18. At 18, you think you know the world, but you really don’t. So he discharged and he got back in, and at that point that’s an informed decision. You already knew what was happening. It was his late 20s. He understood what he was signing up for, but he didn’t sign up for this. He was a proud soldier. One of the first things that we did together was the dawn service in the driveway, because it was the start of COVID. I had said to him, ‘Hey, I’m doing the dawn service in the driveway tomorrow.’ He goes, ‘Well, yes, I will be, too.’ We were two of only a few in the street in Toowoomba, freezing, listening to the neighbours’ radio. The guy bled green. He would have been in Army until he was retired in Army, because he loved what he did and he was good at what he did. But this is not what was in the contract or what he signed up for. It really upsets me that he was so proud to be a part of that organisation, and we’ve just seen ongoing failures.  

Mr Naggs: And do you know what his whole impression of civilian life was? He went and got a mechanic’s apprenticeship at a car dealer’s while he was out.  

Ms Loft: Maybe censor what he actually said!  

Mr Naggs: When he told me he was going back in, he said: ‘No-one’s got your back out here. Everybody’s trying to bring you down in civilian life. In the Army, people have got your back. They’ve got to have your back, and you’ve got to have theirs.’  

Mrs Lyon: And the boys do have each other’s back.  

Mr Naggs: Yes, the boys do.  

Ms Loft: I cannot fault his friends. They have stepped up where there have been so many failures. 

Senator ROBERTS: What level are you talking about? His immediate superiors?  

Mr Nugent: No. I will put it on the record that Max’s commanding officer—I won’t use his name because it’s probably still protected—is out of the Army now. He has been very good to me and our family.  

Senator ROBERTS: You’re talking about the senior levels of aviation?  

Mr Nugent: He’s the commanding officer at 6th Aviation.  

Unidentified speaker: At the time.  

Mr Nugent: At the time. But the senior officers now, when I look at the evidence that’s been given—I look at Senate estimates. I take an interest when it’s Defence because I like watching them sit there and not answer questions—  

Senator ROBERTS: We don’t!  

Mr Nugent: on every single topic.  

Senator SHOEBRIDGE: I’ll take that on notice, Mr Nugent.  

Senator ROBERTS: Let me ask you another question—has anyone else got anything to say?  

Mrs Lyon: We were incredibly proud of Dan being a pilot as well. Dan would always line up our home, or my daughter’s—or at the time, my son’s—day care and fly over. He always made sure that we always were able to see him coming home. We always waved. We knew it was daddy’s helicopter, and that was what our family did. We were so proud, and my son was so proud. He wanted to grow up to be a helicopter pilot just like his daddy. He doesn’t want to do that anymore. He will tell you that he doesn’t want to die like his daddy, and that, as a mother, is the most heartbreaking thing to hear. I don’t want him to join our ADF. I don’t trust it, and I don’t want him anywhere near it. I want my son to come home. I can’t imagine what that is like. It just breaks my heart because it would have been so different for our family otherwise. We were so proud of that service, and we still are. But it’s in a different capacity now. Sorry.  

Senator ROBERTS: No, don’t apologise. Thank you for sharing that with us. Anyone else?  

Ms Loft: Everything’s in my submission really. I’m sure there are other things I’ve forgotten about.  

Senator SHOEBRIDGE: Can I say that for all four of these young men, if they have family and partners like you, their lives were blessed.  

CHAIR: I think that—  

Senator ROBERTS: If I could just ask my final question.  

CHAIR: Of course.  

Senator ROBERTS: As Australians—not as bereaving parents, sisters and mothers—do you feel secure under the Australian Defence Force supposedly guarding our country?

Ms Whyte: What did you say, Dan? ‘Open the doors.’  

Mr Nugent: Yes, open the doors. The clock is ticking, isn’t it?  

Senator ROBERTS: It’s my biggest concern.  

Mr Nugent: To get this right. Defence knows it. Government knows it. I fear we’ve missed the boat a little bit. I think the average soldier, airman and sailor on the ground will do a fantastic job with what they’ve got at the time.  

Mrs Lyon: Because they have a love of it.  

Mr Nugent: I have every faith in that, but—  

Ms Whyte: They can only do as much as they can do under the circumstances.  

Mr Nugent: you can only do with what you’ve got.  

Ms Loft: I think it’s important that we still have incredible men and women that are willing to sign up because if we don’t, then who’s left? 

Senator ROBERTS: Mr Naggs, can I summarise by bastardising your phrase because I thought it was very, very powerful and it reflects my view of reality as well. The senior ranks of the ADF are not defending Australia; they’re defending their mistakes.  

Mr Naggs: This platform was the last of the non-American weapon systems. If you’re going to bring in the American weapon systems, this had to go. But did that have anything to do with it?  

Senator SHOEBRIDGE: I was about to say something about French submarines, so I think we shouldn’t—  

CHAIR: I am going to end now because that will lead us to AUKUS somehow, I’m sure.  

Senator ROBERTS: Could I comment about something else?  

CHAIR: Just one thing.  

Senator ROBERTS: I want to acknowledge the testimony of everyone today, especially this group, and Mr Wilson and Major General Lamb. I also want to acknowledge your chairmanship. You’ve done it very sensitively and honestly. Thank you. 

Labor tried to cap veterans’ healthcare at an arbitrary $5,000 limit. We fought back and we’re winning.

I stood with veterans, serving ADF members, Senator Lambie and colleagues across the Senate to oppose Labor’s healthcare caps. Veterans should never have to fight bereaucracy for treatment they need and deserve.

This bill puts veterans first by removing unfair barriers to healthcare and ensuring treatment decisions are made by clinicians, not Canberra bean counters.

Our veterans served us. Now it’s our turn to serve them.

Transcript

Senator Roberts This bill will ensure that eligible veterans can access treatment for accepted service related injuries and conditions based on their clinical needs rather than on the arbitrary monetary or numerical limits that this uncaring Labor government was trying to introduce. The Senate amended the government’s statute update bill last week, yet, in the House, the government deferred it. That was a big middle finger to vets, to serving ADF and to all Australians, in fact. 

The budget cuts that drove this were short-term budget cuts because of Labor’s waste. They cut veterans services and other services around the country, and they increased tax, because Labor’s waste is driving high expenditure, high spending. The people pay—always the people pay—directly or indirectly. As other senators have mentioned this morning, we are winning. The vets are winning. Thank you for your strong advocacy to the veterans. I also thank Senator Lambie for this bill and thank all senators who support it and who are supporting this campaign from the vets. Thank you. As Senator Pocock said, it is amazing what can be done when we take a united stand. 

The Labor policy driving this unfortunate situation arose out of the recent Labor budget designed to steal from and punish Australians. This bill establishes that an entitlement to treatment must not be subject to a predetermined and arbitrary limit on the cost of treatment, pitched at $5,000, being the total amount that may be spent during a particular period, or the number of times a treatment may be accessed. In David Farley’s seat, where he is representing the seat of Farrer in southern New South Wales, and across Queensland—we have some very large electorates. Vets have to travel for treatment, and the travel eats up this $5,000 limit. 

Early in my listening to serving and retired Australian Defence Force personnel and veterans during the last 10 years, I became deeply concerned about veterans not being adequately cared for under the previous government and under this government. I raised my concerns with the proposed cap at Senate estimates hearings, where it became apparent that Labor’s proposition was not thought through and had raised the levels of anxiety of returned veterans or the already vulnerable to those thoughtless threats to their receipt of treatment. 

Veterans already have a very high suicide rate that should not be exacerbated under threats of withdrawal of support. I was told that the bureaucrats in the Department of Veterans’ Affairs had developed no objective criteria to determine if funding beyond the proposed cap might be approved—none—nor had they determined what processes may be required to extend the cap nor had they developed what evidence they may need to establish a case for increased funding. No appeals processes had been created—none. That’s why there was a limit. It’s just an arbitrary slashing of care. It was not clear why this attack on veterans was devised, and I believe penny pinching was a contributing factor. It is, seemingly, the major driver.  

If issues of fraud or financial abuse are of concern, there already exist measures that can be taken to address these problems. I was told that, historically, approximately 10 per cent of veterans entitled to treatment have needed allied health care that would cost more than the $5,000 limit. This is thousands of veterans. Why punish these vets, making them jump through hoops in order to receive the care that they genuinely need and that their practitioners tell them they genuinely need? How disgusting it is to try to treat vets on the cheap with such disrespect.  

Many very distraught veterans and representative groups have approached me directly, seeking support to oppose the proposed cuts in support. I do support this bill, and I am pleased to see that the crossbench is pulling together on this worthy remedial exercise. How the Labor government could even come up with this punitive idea in the face of the recommendations of the Royal Commission into Defence and Veteran Suicide is beyond comprehension.  

Our veterans represent the best of our Australian community. The vast and overwhelming majority of veterans are honest Aussies who have genuine need for clinically identified health problems. The government is happy to send them off to fight for our freedoms, yet treats them so poorly and with disrespect—sometimes with disdain and neglect—on their return. Many of these veterans come home vulnerable and in need of nurturing care and support. They do not need to face barriers and hurdles, nor should they have to fight to receive the necessary support and treatment. This does not need to be done on the cheap or, worse, with deceit. Many of our vets have given their all and deserve to be treated well, not in a system based on minimum or even token support, with massive red tape which they have to cut, hack and slash their way through.  

This bill removes potential barriers, financial and administrative, to veterans’ access to allied health care, supporting improved health and wellbeing of our veterans, and I must say it’s well written. I call on my colleagues in the Senate and those members in the other house to support this bill as a matter of respect for those veterans deserving of the support this bill will ensure. Veterans and ADF members have served 28 million Australians and have provided us with security. We need to thank veterans with sincere care.

Right now, the top brass in the Defence Force is avoiding responsibility, and the Labor government is letting them get away with it. Why hold a Royal Commission into veteran suicide or an inquiry into honours and awards if the government is just going to ignore the findings?

One Nation proudly stands with Senator Jacqui Lambie’s urgent motion.

We are calling on the government to hold the top brass accountable; adhere to legal and moral obligations to our ADF members; and ensure no ADF member is denied legal protections or access to justice just because they are serving overseas.

It’s time to end sexual discrimination and ensure every man and woman in uniform is protected under the law.

It’s time to fix this problem.

— March | Senate Speech

Transcript

Senator Roberts: I thank Senator Lambie for moving this motion. The Australian Defence Force, as Senator Paterson has just said, protects us and it relies upon its people to do so, and we need to protect the Australian Defence Force people.

One Nation supports getting this on the record and noted urgently—urgently! I agree with Senator Gallagher; this place is a shambles, and the Labor government is making it even worse. Labor is destroying formal motions. We saw yesterday a stunt persecuting and denying Pauline Hanson justice that was cooked up days in advance. It was in the media. So, yes, we agree with you; this place is a shambles. The top brass in the Defence Force is avoiding responsibility and that is what Senator Lambie is after here.

Why have a royal commission into veteran suicide, why have an inquiry into honours and awards and just ignore both of them—ignore everything—and just let the top brass run? We need to hold the top brass accountable. 

As I read this motion, Senator Lambie is calling the government to immediately abandon this position, adhere to its legal and moral obligations to ADF members and ensure that no ADF members are denied legal protections or access to justice because they were serving outside of the Australia at the direction of the Commonwealth. She just wants women to be protected. She wants all people in the Defence Force to be protected. The key issue here is sexual discrimination and an answer from the government to fix this problem regardless of whether it goes to court.

We support Senator Lambie. 

A Comcare investigation alleged that the Department of Defence committed serious workplace health and safety breaches. Defence knew the “TopOwl” helmet displays could show incorrect altitudes yet overrode internal systems anyway, sending pilots into low-altitude, night-time conditions.

Why did the Commonwealth prosecutor decline to press charges? Surely they should release their legal reasoning to give the victims’ families closure.

Senator Farrell acknowledged the tragedy and confirmed that Comcare handed its investigation findings over to the Commonwealth Director of Public Prosecutions. However, he declined to provide further details or release the prosecutor’s legal reasoning, stating that independent investigations by the Inspector-General of the Australian Defence Force and the Queensland Coroner are still active. The government maintains it is inappropriate to comment on or interfere with these ongoing processes.

September 2025 | Question Time

Transcript

Senator ROBERTS: My question is to the Minister representing the Attorney-General, Senator Farrell. We remember Captain Daniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class Two Joseph Phillip Laycock and Corporal Alexander Naggs. Minister, the Comcare investigation into the fatal Taipan Defence helicopter crash in the Whitsundays, released in response to my order for the production of documents, revealed the national health and safety investigator alleged serious breaches of workplace health and safety laws by the Department of Defence. There has been no explanation for why the Commonwealth prosecutor did not lay charges, despite these clear findings. Minister, given this new information, will the government release the Commonwealth prosecutor’s reasons for not pressing charges, despite the allegations from Comcare to give the families of the crash victims closure and ensure that these allegations are properly tested in court? 

Senator Farrell: I thank the senator for his question. This issue obviously is an issue concerning the Attorney-General, but, as you have said, Senator, we do recognise and pay tribute to the fallen MRH-90 aircrew who were lost in Lindeman Island on 28 July 2023. As to the specifics of your question, Comcare is the independent federal work health and safety regulator responsible for monitoring and enforcing compliance with the Commonwealth Work Health and Safety Act. In July 2023, Comcare began an investigation of potential work health and safety offences relating to the fatal crash which you referred to in your question. The investigation focused on the Department of Defence’s duty owed to workers under the Commonwealth Work Health and Safety Act. Comcare conducted a thorough investigation and have provided their findings to the Commonwealth Director of Public Prosecutions. There are ongoing independent investigations on this matter by the Inspector-General of the Australian Defence Force and the Queensland coroner, who is also supported by the Queensland police. As these investigations are ongoing, it would be inappropriate to comment on them at this stage. 

The PRESIDENT: Senator Roberts, first supplementary? 

Senator ROBERTS: Minister, the clarity of these Comcare documents provides a real justification to waive the immunity on legal advice and understand why this case was not progressed on behalf of the victims’ families. Do you accept there are genuine grounds to understand why? Will the government release the reasons why the prosecutor chose not to follow the advice Comcare provided? 

Senator Farrell: I thank Senator Roberts for his second supplementary question. I don’t believe the Attorney-General does believe that in these circumstances. There are certain relatively fundamental principles that apply in all these cases where further investigations are being undertaken. We feel great compassion for the families of the people who were lost in this terrible accident. There are investigations underway. I think the Senate ought to leave those investigations to the appropriate authorities to make a final determination of the issue. I think that’s the appropriate course of action in these circumstances. 

Beyond simple funding gaps, the medical, psychiatric, and legal challenges confronting veterans reflect deep-seated systemic failures.

The government and “top brass” of Defence are failing to manage and “mend” those who have served.

Standards are ignored. The MRH-90 Taipan helicopter crash is a primary example where warnings were reportedly ignored, leading to fatalities.

There is a disconnect between the “top brass” and rank-and-file members. The government overriding the findings of the Senate inquiry into Defence honours and awards is evidence that the concerns of service members are being ignored.

The veteran community is feeling “lost and broken,” struggling with loneliness, anger, and vulnerability. The Royal Commission into Defence and Veteran Suicide provides a backdrop to this desperation.

The “shambles” within the ADF leadership threatens the security of all 27 million Australians. By betraying the “heart” of the ADF, the effectiveness of the entire force is compromised.

Reform is needed and includes: ➡️ Enforcing honesty and “fair dinkum” treatment of veterans. ➡️ Holding senior ADF personnel, government ministers, and bureaucrats accountable for their decisions. ➡️ Restoring the standards and values that protect the lives of service members.

These failings are killing people.

Senior levels of the Australian Defence Force must be held accountable.

And until this is addressed, this issue will never be fixed.

Transcript

I support Senator Lambie’s motion and thank her for it. This is urgent. This is a crisis. This is growing. I want to talk more broadly about how to properly fix the system, and I commend Senator Lambie and the others who’ve talked about the system. The government is not managing vets, and this has led me to support Senator Lambie. The situation is critical. It needs action, because the neglect is piling issues on issues on issues for ADF members and veterans, and for Australia. This reflects on Australia. The Romans said, ‘We send them, we bend them, but we don’t mend them!’ That could be said of the ADF. Men and women are getting desperate. They’re feeling pain, hurt, loneliness, anger, desperation and vulnerability. They’re feeling lost and broken. They’re very concerned about their mates. We have people coming to us almost daily with legal problems caused by Defence, with medical problems or with psychiatric health problems. These are serious issues. They simply need honesty, mateship, a fair go and being fair dinkum.  

These men and women have served our nation here and overseas. They deserve our support. What will it take? The government hasn’t cared. Although I commend Senator Chisholm for what he just read out, it needs to go far deeper. The government has made this an urgent issue. The findings of the recent Senate inquiry into the Defence honours and awards system were clear. The government came out and just did what the top brass wanted it to do— overrode the whole lot. It listened to people and then ignored them.  

There were the Taipan deaths. After our warnings, after Senator Shoebridge’s warnings, after the previous crash— in which, fortunately, no-one died—the chopper was faulty. The chopper model was faulty. The heads-up display was faulty. ADF top brass ignored the standards and now they’re trying to hide it. I once listened to a very experienced senior ADF member who had top service in Vietnam and had risen to a very senior rank. He said that 70 per cent of the deaths of Australian soldiers in Vietnam were due to breaches of standards, which shows that Defence measures breaches of standards. Now, here we are with the Taipan chopper fatality, ignoring standards. The ADF senior brass is ignoring standards.  

We’ve had a royal commission into veteran suicide. We’ve got the ABC, funded by taxpayers, defaming Heston Russell, who did a marvellous job in Afghanistan. When they were found guilty of defaming him, there was no apology. This man serves and then is targeted at home. Defence equipment purchases are hopeless, and people know it. What I’m saying is that this is systemic. It’s not just about dollars, Senator Chisholm—through you, Madam Acting Deputy President Hodgins-May. It’s about accountability at the senior levels of the Australian Defence Force. Until that’s fixed, this will never be fixed.  

This shambles is killing people. Vets simply want to be heard. They want their issues addressed, and they want senior ADF responsibilities to be fulfilled. There are 27 million Australians whose security depends on senior ADF personnel. That security is at risk because the key to our Australian Defence Force—the heart, the mateship, the truth—is being attacked and betrayed. Costs are going up; results are coming down. This needs to incorporate a systems approach including senior ADF personnel, who set the tone, and including government ministers and bureaucrats. It’s an enormous problem, with the security of 27 million Australians at risk. 

During the February Senate Estimates, I asked questions of the ADF about the tragic case of LAC Andrew Armfield.

From what I’ve been told, the facts are damning:

Mandatory suicide management policies were ignored after his first attempt.

Evidence suggests FOI redactions were used to smear Andrew’s brother, a whistleblower, to protect the ADF’s reputation.

Senior leadership was briefed on “media risk” while claiming elsewhere they were unaware of the situation.

It’s the same old story: The top brass is more worried about bad PR than the lives of our sailors, soldiers, and aviators.

Mateship and trust are strategic assets, yet you can’t have either without the TRUTH.

The ADF leadership has taken my questions “on notice.” I’ll be holding them to it.

Our service members deserve justice, not excuses.

Transcript

Senator ROBERTS: We’ve heard today that people are important, and that’s reassuring. My understanding is that in the ADF mateship and trust are of strategic importance. They’re strategically significant. Going to safety and trust, I’d like to get to questions that relate to the way that the ADF has mismanaged the suicide of Leading Aircraftman Andrew Armfield and failed to provide him with the support he needed after his first suicide attempt in June 2011. Are you aware that the royal commission transcripts dated 6 March 2024 and a ministerial background brief from the Deputy Chief of Navy, Commodore Ray Leggett, to Minister Matt Keogh in October 2022, copied to Vice Chief of Defence Force David Johnson and Chief of Defence Force Angus Campbell, warned of negative media risk if Mr Armfield’s story became public?  

Adm. Johnston: Of course it is very difficult for us to talk about the individual circumstances. As we have explained to you before, we can talk around the support that we are doing to improve suicide awareness, our proactive response to reducing the prevalence of it in the force. Mr Armfield’s circumstances were very much a part of the Royal Commission into Defence and Veteran Suicide. For officials to talk on the particular nature of his circumstances, there is very limited that we can say without his authority to do so. If it is helpful for you to have officials come forward and just explain how we are responding to the types of circumstances that Mr Armfield experienced and what we are doing to improve our response to it, I would be very happy to do so. 

Senator ROBERTS: I’ll point out that Mr John Armfield has been involved in developing these questions. We got the data from him. He’s happy for us to talk about it.  

Adm. Johnston: That might be true of what he’s provided to you, but that’s not an authority that we have from him.  

Senator ROBERTS: I’ll ask again: are you aware that you were copied as Vice Chief of Defence Force on the royal commission transcripts?  

Adm. Johnston: I am aware of Mr Armfield’s transcripts, yes.  

Senator ROBERTS: Given that ministerial brief, do you accept that sworn royal commission evidence by then Vice Chief of Defence Force, yourself, claiming you were unaware of Mr Armfield’s situation was incorrect as you had been copied in?  

Adm. Johnston: Sorry? I’m just not clear on your question about which part you mean was incorrect.  

Senator ROBERTS: The ministerial brief to Minister Matt Keogh in October 2022. Given that brief, which you said you got, do you accept that sworn royal commission evidence by yourself claiming that you were unaware of Mr Armfield’s situation?  

Adm. Johnston: My comment to you was that I’m aware of the transcript of Mr Armfield’s evidence after the royal commission had occurred. I would have to go back to my own testimony of the evidence to be able to answer that question for you.  

Senator ROBERTS: It’s claimed that you were unaware of Mr Armfield’s situation, but you were aware.  

Adm. Johnston: Mr Armfield appears directly prior to me appearing as a witness. I heard his evidence. I would have to check the circumstances of that question. I heard the evidence that Mr Armfield gave, because he appeared immediately prior to me on the morning that I appeared at the royal commission. If you could allow me to go back and clarify the question you’re asking to make sure I get the accurate response to it?  

Senator ROBERTS: That’s fair enough. At the time of Leading Aircraftman Andrew Armfield’s first suicide attempt in June 2011, was DIGPRS 1626 a mandatory policy requiring a risk management team? Is it accepted that no risk management team and no crisis management plan were ever established by Dr Suresh Babu or Wing Commander Peter Davies?  

Adm. Johnston: You’re asking me particulars of details of that set of circumstances. We would take them on notice and do our best to answer them for you.  

Senator ROBERTS: I appreciate your desire for accuracy. Do you accept that, by failing to comply with that mandatory policy, Defence removed structured oversight of Leading Aircraftman Andrew Armfield’s care and therefore failed to discharge its duty of care regardless of treatment occurring in a civilian hospital?  

Adm. Johnston: Again, I’m not in the position to answer the detail. I just don’t have sufficient knowledge of it. I would look at it, but I would restate the importance and the amount of work that we have done to address suicide within the Defence Force and that with veterans after. There are considerable initiatives, and we have learnt from each one of these tragic circumstances about how we need to change our policies, the awareness of our people and the proactive environment that we can provide in order to minimise the circumstances of suicide occurring. That was a tragic set of circumstances. We are doing our best to learn from them and to change the environment to prevent suicide occurring within the force.  

Senator ROBERTS: That’s a nice broad fluffy statement, and it’s honourable, but I’d like a specific answer to that question, if you could give it to me. I accept that you’re putting yourself in a difficult position if you just answer off the cuff, so we’d appreciate the answer on notice.  

Adm. Johnston: I’ll take that on notice.  

Senator ROBERTS: Why did Defence redact freedom of information material under sections 47E and 47F relating to statements by Flight Lieutenant Carlisle Miles, Commodore Fiona Southwood and Colonel Matthew Freeman when an FOI review later revealed those redactions concealed false and subjective statements portraying Petty Officer Armfield—that’s the deceased’s brother, and he’s also the complainant—as dishonest or mentally unstable? Some of those statements were emailed 11 times to 14 commissioned officers, thereby damaging his professional reputation and shaping a false narrative to protect Defence.  

Adm. Johnston: I’m sorry. I don’t have that knowledge, but we will take it on notice. 

Senator ROBERTS: Why did the Inspector-General of the ADF in his assessment report of 2022 identify that Lieutenant Colonel Matthew Freeman conducted a fact-finding investigation without the required investigator qualification, acted with bias and exceeded his terms of reference by commenting on Mr Armfield’s mental health? That’s the brother.  

Adm. Johnston: Sorry? What is the question within what you’ve just presented?  

Senator ROBERTS: Why did the Inspector-General of the ADF in his assessment report of 2022 identify that Lieutenant Colonel Matthew Freeman conducted a fact-finding investigation without the required investigator qualification, acted with bias and exceeded his terms of reference by commenting on Mr Armfield’s mental health? That’s Petty Officer Armfield.  

Adm. Johnston: If your question is why did the Inspector-General of the ADF come to that conclusion, that is best, of course, presented to the inspector-general rather than to the department.  

Senator ROBERTS: I’d like to know if what he said was true and you’re aware of it?  

Adm. Johnston: I would have to take that on notice.  

Senator ROBERTS: What authority or qualification did Commodore Bannister rely upon to decide that Mr Armfield’s allegations of criminal conduct, supported by ADF legal advice and reviewed by senior external lawyers, were not referred to police or prosecutors?  

Adm. Johnston: Again, I will take it on notice.  

Senator ROBERTS: Petty Officer Armfield reported alleged breaches of Commonwealth law on the advice of an ADF lawyer to Commodore Fiona Southwood, Warrant Officer Navy Andrew Bertoncin, Captain Anne Andrews, Chief of Navy Mark Hammond, IGADF and the Defence Force Ombudsman. All were provided the evidence. Process and policy was followed. If each officer deflected or claimed it was not their remit, who exactly does an enlisted sailor, soldier or air crew report allegations of criminal conduct to within the ADF?  

Adm. Johnston: That is one of the areas where we have extensively sought to enhance the options that are available to individuals of how they report. Some of them, as you were referring to, would be up through their leadership chain. We have ensured there are independent options that are outside of an individual’s unit or command structure so that in those circumstances where they feel more comfortable reporting externally they have multiple options, whether it is to military police or the inspector-general of the ADF. We now have a centralised reporting mechanism where reporting can be made that is separate to the command chains. We have ensured there are multiple pathways available to people when either they believe that reporting that they may have made to their leadership is not being acted on or where they are uncomfortable with reporting in that environment and they wish to be able to report externally to it.  

Senator ROBERTS: What I’m hearing—correct me if I’m wrong—is that mandatory defence suicide management policy was not followed, that oversight failed and you’ve made changes since. Serious concerns raised by Petty Officer John Armfield, the deceased’s brother, were known to senior Defence leadership and possibly yourself while being denied under oath elsewhere; is that correct?  

Adm. Johnston: That’s not what I said, with respect.  

Senator ROBERTS: No, I wasn’t saying what you said—what I’ve heard, what I’ve interpreted.  

Adm. Johnston: No, I didn’t comment on the individual circumstances of the case but did explain what we had done. If your question is around that set of circumstances, I will need to take it on notice.  

Senator ROBERTS: If you could take it on notice, please. I accept your correction there. We’ve heard that reputationally damaging material was withheld under freedom of information, that flawed and unqualified investigations occurred and that allegations of possible criminal conduct were not referred despite legal advice; is that correct?  

Adm. Johnston: Again, I do not have that detail. I would have to come back to you.  

Senator ROBERTS: Notably, the only person referred to law enforcement in this matter was the whistleblower himself, who was acting on the advice of an ADF lawyer, and none of the officers whose conduct is now in question. Could you confirm or correct that, please?  

Adm. Johnston: I would have to take it on notice.  

Senator ROBERTS: I don’t see this as support for a whistleblower. It’s avoidance. It goes to the heart of institutional integrity and accountability. I look forward to your answers to questions on notice, because the public deserve the truth. Your officers and your enlisted people deserve the truth—Army, Navy, Air Force—and they deserve justice. Anything less confirms that protecting the institution still matters more than protecting those who serve it. That’s what I’ve seen, being blunt, for the last few years in Senate estimates. The senior brass of the ADF is not standing up and providing leadership. 

Adm. Johnston: I hope you have seen significant evidence that, as we have already canvassed this morning, people are critical to our capability, and that the work we are doing through implementing the royal commission recommendations within Defence is a significant priority for us. The structure of support and the environment and culture that we are seeking to build, both within the Defence Force and more broadly across Defence, is highly supportive of our people. There are circumstances—and the royal commission was clear—where we have let people down, and we have acknowledged that. We have put significant effort and priority around doing everything that we can to change those circumstances.  

Senator ROBERTS: I look at the report from the inquiry into honours and awards. There was a clear recommendation that Defence put in place a more objective process, and that was nixed by the government. I still don’t see that desire for accountability and truth at the top of the Australian Defence Force.  

Those who serve Australia deserve to be recognised.

When it comes to Defence, there is nothing more important than the men and women who wear the uniform and put their lives on the line for Australia.

It’s a reality often forgotten when we hear defence spending argued as a percentage of GDP. Money is an indication of commitment – an important measure – although not the only one.

As a nation with a long and proud history of military defence, we should be extremely concerned about the human numbers which indicate Australia’s Defence Force is facing a critical staffing shortage and retention crisis.

Not only are young people choosing not to serve, those who do choose a career in the military are leaving prematurely.

Our personnel numbers in 2024 were found to be 7% below strength, with recruitment drives failing to attract enough new people to keep Australia safe. The situation is so dire that our Defence Chiefs have been recruiting foreign nationals to serve – a Band-Aid measure which has failed.

As serving numbers drop, the Top Brass have inflated to ‘record highs’. They are credentialled, well-paid compared to their American counterparts, and yet the system is collapsing beneath their leadership.

At fault is a broken awards system and two-tiered recognition structure.

This has led to a widespread morale problem that has taken root within the ADF over previous decades.

The people who serve our nation have been asking for help and been met with silence.

They want their achievements to reflect their service, those achievements to retain their meaning, and to have their medals protected from cancellation without proper oversight.

The fallout from the infamous Brereton Report, and fears that 3,000 Australian Defence Force personnel might have their service records unfairly tarnished, brought the long-simmering issue of ADF morale into the spotlight.

As a Senator, I found it disturbing how easily distinguished ADF personnel could be stripped of their awards and how difficult it was for these decisions to be reviewed in a fair and timely manner.

Sometimes it seemed as if they suffered the political fallout for other people’s errors while their superiors remained insulated from criticism.

Too often ADF personnel were left to rely on the intervention of the relevant minister.

Meanwhile, the head generals gave themselves medals – in my view illegally – for sitting in air-conditioning while soldiers serving in action were not properly recognised.


This is not the message we should be sending to recruits. It is a story of bureaucracy, not valour.


Seeing this two-tiered system entrenched in the military, One Nation initiated a Senate Inquiry into the military medal system – which has recently concluded.

Having been through this long process, it remains our firm belief that service medals and awards must represent genuine achievement, otherwise the act of recognition is diminished for the men and women who truly deserve the acknowledgment.

We want to see a functioning, fair, and transparent honours and awards system that recognises the sacrifices and achievements of ADF personnel regardless of their rank.

During the Inquiry, we saw evidence of widespread abuse of the system which gave weight to the claims of those ADF personnel who either left or felt abandoned by the system.

There were found to be systemic issues with the awarding of the Distinguished Service Cross and Distinguished Service Medal to those who failed to satisfy the ‘in action’ criteria.


There is a clear, perverse incentive for Senior Officers to seek out these awards.


These prestigious recognitions centred around ‘in action’ as a requirement, which has long been defined as ‘acts in the course of armed combat or actual operations against an enemy’.

As we have since discovered, ‘in action’ seems to be taken loosely, or not at all, by many Senior Officers awarded a Distinguished Service Cross. Some could only claim to have ‘travelled extensively within the area of operations under their command’.

When it comes to the Distinguished Service Decorations criteria, the ‘in action’ criteria was changed in 2011 to the lesser ‘warlike operations’.

Which we can all agree, is not keeping within the spirit of the recognition.

One Nation, along with veterans and ADF personnel, have reached the conclusion that there is a widespread failure in the culture of recognition, particularly as it relates to Senior Officers.

Considering this, One Nation submitted a list of recommendations to improve fairness and transparency. These include:

  • Medals given to the top brass should be reviewed from 1991-2012 for integrity assurance with a particular focus on the ‘in action’ criteria being met.
  • Return the proper definition of ‘in action’ to its original standing. The change was made without wide support and is not a trivial matter.
  • Establish separate medals for leaders who distinguish themselves in warlike situations separate to ‘in action’.
  • The Defence Minister and Chief of Defence should not be able to cancel other people’s awards and medals without a right of appeal.
  • Government must establish command responsibility as binding doctrine.

Our recommendations come as the Albanese government moves to rapidly increase defence spending, outlaying hundreds of billions for sophisticated equipment.

Whether this money is allocated to AUKUS submarines, Hunter Class Frigates, Combat Reconnaissance Vehicles, or F-35 fighter jets – there are real service men and women on the other side operating the technology. They need to believe that the Australian Defence Force values their services and honours it, when appropriate.

Without them, Australia has no defence.

We believe that low morale is playing a significant role in weakening our defence capabilities.

No one who signs up, voluntarily, to defend Australia should be left feeling this way.

It cannot continue that ADF personnel say they do not feel valued by the institution which asks that they lay down their lives in defence of Australia.

Ensuring a fair system of award recognition is one way to let ADF personnel know that their acts of service are valued by Australia, regardless of rank.

Our Senate Inquiry into military medals by Senator Malcolm Roberts

Those who serve Australia deserve to be recognised

Read on Substack

Some constituents raised some concerns about the steroid testing of Australian Defence Force athletes.

At Senate Estimates I asked Sports Integrity Australia whether they have received any notifications from the ADF in relation to steroid testing.

Transcript

Senator ROBERTS: My questions go to sports integrity, Mr Sharpe. Could you briefly explain the rules around testing for athletes, as in who is eligible and who is required? 

Mr Sharpe : They’re quite broad. Our focus is on international- and national-level athletes from a testing perspective. We can test lower, but our focus and our policy is that where there’s an absence of education at a lower level, in the first instance, we wouldn’t be testing unless there was specific intelligence that would suggest we need to take a facilitator or someone out of sport. 

Senator ROBERTS: Your focus is on international level? 

Mr Sharpe : And on a national level. 

Senator ROBERTS: Can you explain why athletes that are tested are prohibited from private testing? 

Mr Sharpe : They’re not prohibited from private testing. 

Senator ROBERTS: Can they go and test themselves? 

Mr Sharpe : Absolutely. Sports do have illicit policies, where they all conduct testing around that, which is separate to our agencies. But athletes, if they felt they needed to, would not be prevented from doing that. 

Senator ROBERTS: What is the efficacy of hair follicle testing for steroids? 

Mr Sharpe : We don’t do hair follicle testing. 

Senator ROBERTS: Because it’s not efficacious? 

Mr Sharpe : We just don’t do it because we follow the world Anti-Doping Code and it’s not a part of the code. 

Senator ROBERTS: Are you aware of the Defence Force exemption from their testing regimes for competitive athletes in the Australian Defence Force? 

Mr Sharpe : No, I’m not aware. 

Senator ROBERTS: Should Defence be making you aware of any suspicions of doping? 

Mr Sharpe : I think that’s a matter for Defence. We’d certainly be willing to work with Defence if it related to a sporting event that was under an anti-doping policy. 

Senator ROBERTS: I take it they have not made you aware of any of that. 

Mr Sharpe : No, they have not. 

Senator ROBERTS: How would you action it if they did make you aware? 

Mr Sharpe : It would depend on whether the sport is a registered sport in this country and under an anti-doping policy—whether they participate in those sports or not. 

Senator ROBERTS: Thank you. That’s the end of my questions.