Commonwealth Ombudsman's Annual Report 2017-18

(The DFO - The Clayton’s DART – The Defence Abuse Response Task Force
When
You Are NOT Having A Defence Abuse Response Task Force!)

1.0 Extract From 2017-18 Report

1.1 Complaints - Abuse

“In 2017–18, we received 457 reports of serious abuse within Defence, with 368 received since the Government’s announcement of its reparation payment framework on 15December2017”

“In 2017–18, we completed the assessment process on 230 reports, with 151 reports accepted, whether wholly or in part, noting that some reports contain multiple incidents of abuse. The remaining 79 reports were assessed as out of jurisdiction and not accepted.”

1.1.1 Reparations

“On 15 December 2017, the Australian Government determined that for the most serious forms of abuse and/or sexual assault, the Ombudsman may recommend Defence make a reparation payment. There are two possible payments which we may recommend:

a payment of up to $45,000 to acknowledge the most serious forms of abuse
a payment of up to $20,000 to acknowledge other abuse involving unlawful interference, accompanied by some element of indecency.

If our Office recommends one of these payments, an additional payment of $5,000 may also be recommended where we are satisfied that Defence did not respond appropriately to the report of abuse.

As reparation payments are limited, as set out above, not all reports of abuse will meet the parameters set out in the framework.“

“Since the announcement of this reparation framework, we have sent 66 reparation payment recommendations to Defence. To 30 June 2018, Defence considered and accepted in full 51 recommendations, and none have been declined.”

1.2 Complaints - Administrative

“In 2017–18, we received 653 complaints about administrative matters, compared to 635 in 2016–17. The main issues of complaints were:

decisions relating to discharge of a member

career advancement

DVA entitlements

offsetting of DVA payments

DVA service delivery

access to healthcare.”

2.0 Reasons Why This New ‘D.A.R.T’ is a Complete Failure

Accepted claims are being judged on a money availability – in the Ombudsman’s own words – “As reparation payments are limited”
457 reports of serious abuse received in year 2017-18 , and only 230 claims assessed – too slow and too traumatic for victims being made to wait such long periods
151 of the 230 were categorised as acceptable – were the other 79 refused because the Ombudsman only had ‘limited payments’?
Of these 151 only 66 have had payment recommendations and only 51 payments have been made

What happened to the other 85 accepted claims?
Reparation meaning and success rate :-

“A Reparation Payment was a payment of up to $50,000 made to a complainant as an acknowledgement by the Australian Government that sexual or other abuse within Defence is wrong and should not have occurred, and that mismanagement of reports or complaints of abuse by Defence was unacceptable.” – extract from original D.A.R.T and the correct way to assess abuse claims

https://www.defenceabusetaskforce.gov.au/FAQs/Pages/default.aspx#DARS

Of 151 accepted cases only 51 made Reparation – 34% (approx) of accepted claims

Accepted claims then have the Reparation criteria ‘up to’ and ‘may also be’ applied – payments should be more definite and not left to individual interpretations!
Overall the claim success rate – of 230 claims assessed only 51 made Reparation – 22% (approx) – so 4 OUT OF EVERY 5 claims were NOT ACCEPTED as acknowledgement of abuse!
Under the Defence Force Ombudsman Regulations, Defence investigates of abuse – Nemo Iudex In Causa Sua – You can’t be judge in your own cause.

3.0 Contempt of ADF abuse victims by Ombudsman

This passage from the Ombudsman’s Annual report 2017-18

“In 2017–18, we received 457 reports of serious abuse within Defence, with 368 received since the Government’s announcement of its reparation payment framework on 15 December 2017”

This statement alludes to victims only coming forward with their accounts of abuse in order to get a Reparation.

The original D.A.R.T states :-

“Reparation Payment is not paid as compensation for any physical, psychological, emotional or financial injury or loss or damage suffered by a person as a result of abuse”.
“A Reparation Payment was a payment of up to $50,000 made to a complainant as an acknowledgement by the Australian Government that sexual or other abuse within Defence is wrong and should not have occurred, and that mismanagement of reports or complaints of abuse by Defence was unacceptable”.
https://www.defenceabusetaskforce.gov.au/FAQs/Pages/default.aspx#DARS

4.0 Conclusion

With such a low acceptance percentage (22% approx), what incentive is there for victims to come forward and reveal their highly personal and traumatic story?

Even if your claim was one of the lucky 22%, the amount of reparation payable is subject to individual assessments like ‘up to’ and ‘may also be’. Up to $20,000 could possibly equate to only $1 – not good enough!

The slowness of the procedure plus the unknown factor of whether or not their claim will be refused are factors not needed for victims who are suffering from the abuse in their claims.

Decisions of acceptance which are based on a money availability issue, would be enough to convince many to not use this new ‘D.A.R.T’.

DFO - The Claytons D.A.R.T - The Defence Abuse Response Task Force
When
You Are Not Having A Defence Abuse Response Task Force!