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Review into the treatment of women at the Australian Defence Force ...

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The intent <strong>of</strong> this Recommend<strong>at</strong>ion was th<strong>at</strong> a broader pool <strong>of</strong> military staff could be considered for aposting to ADFA based on <strong>the</strong>ir skills, <strong>at</strong>tributes and preferences ra<strong>the</strong>r than <strong>the</strong> decision being drivenby a linear career p<strong>at</strong>h which dict<strong>at</strong>es certain postings <strong>at</strong> certain times in one’s career. The provision <strong>of</strong>a wider pool <strong>of</strong> external providers does not meet <strong>the</strong> intent <strong>of</strong> this Recommend<strong>at</strong>ion and <strong>the</strong>re is littleinform<strong>at</strong>ion available on how it is to be progressed.Underperforming staffThe <strong>Review</strong> found th<strong>at</strong> ADFA’s tri-Service n<strong>at</strong>ure makes it difficult to remove undergradu<strong>at</strong>es and staffwho have underperformed or displayed unacceptable behaviour which has failed to be rectified withina reasonable timeframe. 51The <strong>Review</strong> was mindful <strong>of</strong> workplace employment processes and issues <strong>of</strong> procedural fairness 52however, it noted th<strong>at</strong>:ADFA’s military staff have responsibility for training, supervising and, in some cases, mentoringyoung people. Underperforming staff can <strong>the</strong>refore neg<strong>at</strong>ively impact on <strong>the</strong> <strong>tre<strong>at</strong>ment</strong> <strong>of</strong> <strong>women</strong><strong>at</strong> ADFA by failing to deal appropri<strong>at</strong>ely with incidents <strong>of</strong> sex discrimin<strong>at</strong>ion, sexual harassment orabuse, as well as by actively particip<strong>at</strong>ing in such behaviour <strong>the</strong>mselves. 53The <strong>Review</strong> <strong>the</strong>refore recommended th<strong>at</strong> <strong>the</strong> process for removing underperforming staff andundergradu<strong>at</strong>es be simplified.The Audit was aware th<strong>at</strong> in rel<strong>at</strong>ion to <strong>the</strong> removal <strong>of</strong> underperforming staff th<strong>at</strong> <strong>the</strong> COMDT makes arecommend<strong>at</strong>ion to <strong>the</strong> respective Service Career Management Agency, a member <strong>of</strong> staff considers <strong>the</strong>recommend<strong>at</strong>ion and a decision is made. Fur<strong>the</strong>r clarity was sought on who specifically has deleg<strong>at</strong>edauthority to approve/disapprove this Recommend<strong>at</strong>ion. Feedback received st<strong>at</strong>ed th<strong>at</strong> ‘<strong>the</strong> decisionmaker would depend on <strong>the</strong> situ<strong>at</strong>ion and rank <strong>of</strong> <strong>the</strong> individual involved. The decision to post <strong>the</strong>member from ADFA would ultim<strong>at</strong>ely rest within <strong>the</strong> Service <strong>of</strong> [<strong>the</strong>] member involved (usually <strong>the</strong> CareerManagement Agency). As <strong>at</strong> 28 February 2013 <strong>the</strong> process was still described as ‘complic<strong>at</strong>ed’ and‘worthy <strong>of</strong> discussion’. 54It appears <strong>the</strong>re has been some consult<strong>at</strong>ion with <strong>the</strong> Directors-General <strong>of</strong> <strong>the</strong> Career ManagementAgencies on this issue but <strong>the</strong>re have been no moves on <strong>the</strong> part <strong>of</strong> <strong>the</strong> Services to deleg<strong>at</strong>e authority to<strong>the</strong> COMDT or to make it simpler:I would be surprised if <strong>the</strong>y had concerns about Navy staff <strong>the</strong>re and my understanding is,certainly, th<strong>at</strong> <strong>the</strong>re would be mechanisms to represent th<strong>at</strong> worst case through me if [<strong>the</strong>COMDT] wasn’t getting any s<strong>at</strong>isfaction through <strong>the</strong> posters. 55I don’t see th<strong>at</strong> he [COMDT] would ever have <strong>the</strong> authority to remove someone from thisorganis<strong>at</strong>ion because it presents a whole lot <strong>of</strong> administr<strong>at</strong>ive issues, admin law, whereas I cantake all th<strong>at</strong> on. 56[COMDT] did push us on [th<strong>at</strong>] and [said] could I have th<strong>at</strong> deleg<strong>at</strong>ion? Could I have th<strong>at</strong>authority? Again we’re hesitant to deleg<strong>at</strong>e th<strong>at</strong> authority any fur<strong>the</strong>r for cadets but not for staff <strong>at</strong>all. 57There has been no change to <strong>the</strong> process or authority <strong>of</strong> <strong>the</strong> COMDT to discharge an underperformingstaff member. The Audit strongly advoc<strong>at</strong>es th<strong>at</strong> each Service deleg<strong>at</strong>e <strong>the</strong> decision making authorityfor <strong>the</strong> removal <strong>of</strong> underperforming staff to <strong>the</strong> COMDT. This m<strong>at</strong>ter must be vigorously and definitivelyaddressed as underperforming staff continue to pose significant risks to ADFA.Audit Report: <strong>Review</strong> <strong>into</strong> <strong>the</strong> Tre<strong>at</strong>ment <strong>of</strong> Women <strong>at</strong> <strong>the</strong> <strong>Australian</strong> <strong>Defence</strong> <strong>Force</strong> Academy • 2013 • 55

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