Minister for veterans’ affairs Matt Keogh says Defence will continue to cooperate with Comcare on the case of a veteran suicide on Williamtown air base in 2020.
“We understand the seriousness of this tragic situation which took place two years ago regarding a member of Defence, and offer condolences and support to their family,” a statement from the minister read.
“Given this matter is now before the courts, the government will not be commenting in order to let the process run its course.”
The minister added the safety, health and wellbeing of ADF personnel were paramount.
“The government is committed to the Royal Commission into Defence and Veteran Suicide, and effecting cultural reform and meaningful change within the ADF,” he said.
The Commonwealth Director of Public Prosecution (CDPP) will argue Defence breached its primary health and safety duty, and has charged the department with one category 2 offence and two category 3 offences.
“Between about 20 July 2020 and 28 July 2020 at Williamtown in the state of NSW, the defendant…failed to comply with that health and safety duty, and that failure exposed an individual to a risk of death or serious injury or illness, contrary to section 32 of the Work Health and Safety Act 2011 (Cth),” the CDPP said.
Recent draft recommendations by Safe Work Australia clarify that duty of care under the Safe Work Act extends to psychosocial hazards, and employers have a positive duty to look after the mental health of their workers.
The charges have been made against the backdrop of the interim report from the Royal Commission into Defence and Veterans Suicide published on Thursday morning.
The interim report advised an overhaul and simplification of laws and guidelines governing defence and veteran’s compensation, drawing heavily on a 2019 productivity commission report which sought to address the same issues.
“By no later than 23 December 2022, the Australian government should accept or reject recommendations made by the Productivity Commission in its report, A Better Way to Support Veterans, that relate to reforming the legislative framework,” the report said.
The report made interim recommendations to simplify and clarify the administration and standards for compensation, as well as recommendations to work towards dismantling the culture of secrecy that surrounds much of defence through better reporting mechanisms.
Similar to other recent enquiries and studies into the ADF, the report found pervasive cultural issues to be a primary driver of service personnel and veteran mental health issues.
“Participants gave their perception of an organisational culture where disclosing mental health issues can be detrimental to a career and can contribute to serving members not seeking help,” the report said.
“Many submissions provided detailed accounts of a culture of silence and ‘cover ups’.
“This involved mistreatment of members during service, including physical and psychological abuse, or bullying by peers and chain of command, threats of further violence and punishment, demotion, or downgrade of medical status.”
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