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COMMONWEALTH OF AUSTRALIA<br />
Proof Committee Hansard<br />
<strong>SENATE</strong><br />
FOREIGN AFFAIRS, DEFENCE AND TRADE LEGISLATION<br />
COMMITTEE<br />
Estimates<br />
(Public)<br />
WEDNESDAY, 1 MARCH 2017<br />
CANBERRA<br />
CONDITIONS OF DISTRIBUTION<br />
This is an uncorrected proof of evidence taken before the committee.<br />
It is made available under the condition that it is recognised as such.<br />
BY AUTHORITY OF THE <strong>SENATE</strong><br />
[PROOF COPY]
INTERNET<br />
Hansard transcripts of public hearings are made available on the<br />
internet when authorised by the committee.<br />
To search the parliamentary database, go to:<br />
http://parlinfo.aph.gov.au
<strong>SENATE</strong><br />
FOREIGN AFFAIRS, DEFENCE AND TRADE LEGISLATION COMMITTEE<br />
Wednesday, 1 March 2017<br />
Members in attendance: Senators Abetz, Back, Kim Carr, Farrell, Fawcett, Gallacher, Hinch, Kakoschke-<br />
Moore, Kitching, Lines, Ludlam, Ian Macdonald, Moore, Reynolds, Rhiannon, Roberts, Sterle, Watt, Xenophon.
Wednesday, 1 March 2017 Senate Page 1<br />
DEFENCE PORTFOLIO<br />
In Attendance<br />
Senator Payne, Minister for Defence<br />
Senator Scullion, Minister for Indigenous Affairs<br />
Department of Defence<br />
Portfolio overview and questions arising from opening statements<br />
Mr Dennis Richardson, AO, Secretary<br />
Air Chief Marshal Mark Binskin, AC, Chief of the Defence Force<br />
Outcome 1<br />
The protection and advancement of Australia's national interests through the provision of military<br />
capabilities and promotion of security and stability.<br />
Program 1.1: Office of the Secretary and Chief of the Defence Force<br />
Mr Dennis Richardson AO, Secretary<br />
Air Chief Marshal Mark Binskin, AC, Chief of the Defence Force<br />
Vice Admiral Ray Griggs, AO, CSC, Vice Chief of the Defence Force<br />
Mr James Gaynor, CSC, Inspector General Australian Defence Force<br />
Ms Rebecca Skinner, Deputy Secretary Strategic Policy and Intelligence<br />
Mr Marc Ablong, First Assistant Secretary Naval Shipbuilding Taskforce<br />
Mr Scott Dewar, First Assistant Secretary International Policy<br />
Mr Tom Hamilton, First Assistant Secretary Strategic Policy<br />
Ms Kate Louis, First Assistant Secretary Defence Industry Policy<br />
Mr Michael Shoebridge, First Assistant Secretary Contestability<br />
Air Commodore Henrik Ehlers, AM, Director General Cultural Reviews Response<br />
Brigadier Georgeina Whelan, AM, CSC and Bar, Director General Select Strategic Issues Management<br />
Ms Phillippa Crome, First Assistant Secretary, Ministerial and Executive Coordination and Communication<br />
Ms Victoria Bergman, Acting First Assistant Secretary, Procurement and Contracts<br />
Program 1.2: Navy Capabilities<br />
Vice Admiral Tim Barrett, AO, CSC, RAN, Chief of Navy<br />
Program 1.3: Army Capabilities<br />
Lieutenant General Angus Campbell DSC, AM, Chief of Army<br />
Program 1.4: Air Force Capabilities<br />
Air Marshal Gavin Davies, AO, CSC, Chief of Air Force<br />
Air Vice Marshal Warren McDonald, AM, CSC, Deputy Chief of Air Force<br />
Program 1.5: Joint Operations Command<br />
Air Chief Marshal Mark Binskin, AC, Chief of the Defence Force<br />
Vice Admiral Ray Griggs, AO, CSC, Vice Chief of the Defence Force<br />
Program 1.6: Intelligence Capabilities<br />
Ms Rebecca Skinner, Deputy Secretary Strategic Policy and Intelligence<br />
Program 1.7: Vice-Chief of the Defence Force<br />
Vice Admiral Ray Griggs, AO, CSC, Vice Chief of the Defence Force<br />
Major General Simone Wilkie, AO, Head Joint Enablers<br />
Rear Admiral Bruce Kafer, AM, CSC, Head Reserve and Youth Division/Commander ADF Cadets<br />
Rear Admiral Peter Quinn, CSC, Head Joint Capability Management and Integration<br />
Air Vice Marshal Tracy Smart, AM, Commander Joint Health<br />
Brigadier Michael Ashleigh, Deputy Commander Joint Logistics<br />
FOREIGN AFFAIRS, DEFENCE AND TRADE LEGISLATION COMMITTEE
Page 2 Senate Wednesday, 1 March 2017<br />
Brigadier Jason Blain, DSC, CSC, Director General Force Options and Plans<br />
Mr Patrick Hetherington, Assistant Secretary Investment Portfolio Management<br />
Program 1.8: Associate Secretary—Defence Executive Support<br />
Mr Brendan Sargeant, Associate Secretary<br />
Mr Mark Cunliffe, Head Defence Legal<br />
Mr Michael Lysewycz, Defence Special Counsel<br />
Mr Adrian A'Amico, Defence General Counsel<br />
Air Commodore Chris Hanna, Director General ADF Legal Services<br />
Mr Geoffrey Brown, OAM, First Assistant Secretary Audit and Fraud Control<br />
Program 1.9: Associate Secretary—Estate and Infrastructure<br />
Mr Steve Grzeskowiak, Deputy Secretary Estate and Infrastructure<br />
Mr Chris Birrer, First Assistant Secretary Infrastructure<br />
Mr Luke McLeod, Assistant Secretary Per- and Poly-Fluoroalkyl Substances Investigation and Management<br />
Dr Mathew Klein, Senior Physician Occupational and Environmental Medicine<br />
Program 1.10: Associate Secretary—Chief Information Officer<br />
Dr Peter Lawrence, Chief Technology Officer<br />
Program 1.11: Associate Secretary—Defence People<br />
Ms Roxanne Kelley, PSM, Deputy Secretary Defence People<br />
Mr Richard Oliver, First Assistant Secretary People Services<br />
RADM Brett Wolski, Head People Policy<br />
Ms Justine Greig, First Assistant Secretary People Policy and Culture<br />
Program 1.12: Defence Science and Technology<br />
Dr Alex Zelinksy, Chief Defence Scientist<br />
Program 1.13: Chief Finance Officer<br />
Mr Phillip Prior, Chief Finance Officer<br />
Program 1.14: Defence Force Superannuation Benefits<br />
Ms Roxanne Kelley, PSM, Deputy Secretary Defence People<br />
Program 1.15: Housing Assistance<br />
Mr Steve Grzeskowiak, Deputy Secretary Estate and Infrastructure<br />
Program 1.16: Other administered<br />
Outcome 2<br />
The advancement of Australia's strategic interests through the conduct of military operations and other<br />
tasks as directed by Government.<br />
Program 2.1: Operations contributing to the security of the immediate neighbourhood<br />
Air Chief Marshal Mark Binskin, AC, Chief of the Defence Force<br />
Vice Admiral Ray Griggs, AO, CSC, Vice Chief of the Defence Force<br />
Vice Admiral Tim Barrett, AO, CSC, RAN, Chief of Navy<br />
Lieutenant General Angus Campbell DSC, AM, Chief of Army<br />
Air Marshal Gavin Davies, AO, CSC, Chief of Air Force<br />
Program 2.2: Operations supporting wider interests<br />
Air Chief Marshal Mark Binskin, AC, Chief of the Defence Force<br />
Vice Admiral Ray Griggs, AO, CSC, Vice Chief of the Defence Force<br />
Vice Admiral Tim Barrett, AO, CSC, RAN, Chief of Navy<br />
Lieutenant General Angus Campbell DSC, AM, Chief of Army<br />
Air Marshal Gavin Davies, AO, CSC, Chief of Air Force<br />
FOREIGN AFFAIRS, DEFENCE AND TRADE LEGISLATION COMMITTEE
Wednesday, 1 March 2017 Senate Page 3<br />
Outcome 3<br />
Support to the Australian community and civilian authorities as requested by Government.<br />
Program 3.1: Defence contribution to national support tasks in Australia<br />
Air Chief Marshal Mark Binskin, AC, Chief of the Defence Force<br />
Vice Admiral Ray Griggs, AO, CSC, Vice Chief of the Defence Force<br />
Vice Admiral Tim Barrett, AO, CSC, RAN, Chief of Navy<br />
Lieutenant General Angus Campbell DSC, AM, Chief of Army<br />
Air Marshal Gavin Davies, AO, CSC, Chief of Air Force<br />
Capability, Acquisition and Sustainment Group<br />
Outcome 1<br />
Contributing to the preparedness of the Australian Defence Organisation through acquisition and throughlife<br />
support of military equipment and supplies.<br />
Mr Kim Gillis, Deputy Secretary Capability Acquisition and Sustainment Group<br />
Mr Steve Johnson, General Manager Submarines<br />
Air Vice Marshal Leigh Gordon, AM, CSM, Program Manager Joint Strike Fighter<br />
Major General David Coghlan, AM, Head Land Systems<br />
Rear Admiral Tony Dalton, Head Joint Systems<br />
Air Vice Marshal Cath Roberts, CSC, Head Aerospace Systems<br />
Major General Andrew Mathewson, AM, Head Helicopter Systems<br />
Commodore Steve Tiffen, CSM, Acting Head Maritime Systems<br />
Commodore Craig Bourke, CSC, Director General Air Warfare Destroyer<br />
Mr Greg Divall, Capability Acquisition and Sustainment Group Business Manager<br />
Mr Peter Croser, Director General Specialist Ships Acquisition<br />
Mr Paddy Fitzpatrick, Director General Future Frigates<br />
Ms Liesel O'Meara, General Counsel<br />
Ms Phillippa Crome, First Assistant Secretary, Ministerial and Executive Coordination and Communication<br />
Ms Victoria Bergman, Acting First Assistant Secretary, Procurement and Contracts<br />
Defence Housing Australia<br />
Ms Jan Mason, Managing Director<br />
Mr Jon Brocklehurst, Chief Financial Officer<br />
Ms Jo Hobson, Acting General Manager Finance<br />
Ms Suzanne Pitson, General Manager, Portfolio Management, Marketing and Strategic Projects<br />
Mr Brett Jorgensen, General Manager, Property and Tenancy Services<br />
Mr John Dietz, General Manager, Property Provisioning Group<br />
Mr Shane Nielsen, General Manager, Business Enablement<br />
Mr Robert Henman, General Manager, Investment Management<br />
Mr Steve Collins, General Manager, Business Development Unit<br />
Mr Ross Jordan, General Manager, Governance<br />
Mr Jeremy Logan, Senior Executive Officer<br />
Mr Rob Lafreniere, Manager Member Choice Accommodation Program<br />
Mr Elvio Bechelli, General Manager<br />
Mr Vern Gallagher, General Manager, Communication and Client Relations<br />
Department of Veterans' Affairs<br />
Mr Simon Lewis, PSM, Secretary<br />
Ms Liz Cosson, AM, CSC, Chief Operating Officer<br />
Mr Craig Orme, DSC, AM, CSC, Deputy President<br />
FOREIGN AFFAIRS, DEFENCE AND TRADE LEGISLATION COMMITTEE
Page 4 Senate Wednesday, 1 March 2017<br />
Corporate and general matters<br />
Mr Simon Lewis, PSM, Secretary<br />
Ms Liz Cosson, AM, CSC, Chief Operating Officer<br />
Mr Craig Orme, DSC, AM, CSC, Deputy President<br />
Major General Mark Kelly, AO, DSC, Repatriation Commissioner<br />
Ms Narelle Dotta, First Assistant Secretary, Corporate Division<br />
Mr Graeme Rochow, Assistant Secretary/Chief Finance Officer, Resources Branch<br />
Mrs Robyn Kemp, Assistant Secretary, Parliamentary and Governance Branch<br />
Mr Shane McLeod, Assistant Secretary/CIO, ICT Solutions Branch<br />
Mr Roger Winzenberg, Assistant Secretary, People Services Branch<br />
Ms Carolyn Spiers, Assistant Secretary/Principal Legal Adviser, Legal Services and Assurance Branch<br />
Dr Ian Gardner, Principal Medical Adviser<br />
Dr Stephanie Hodson, National Manager, Veterans and Veterans Families Counselling Service<br />
Ms Lisa Foreman, First Assistant Secretary, Rehabilitation and Support Division<br />
Mr John Geary, Senior Responsible Officer Rehabilitation and Compensation<br />
Mr Neil Bayles, Assistant Secretary, Rehabilitation, Case Escalation and MRCA Review<br />
Mr Luke Brown, Acting Assistant Secretary, Policy Support Branch<br />
Ms Amber Vardos, Acting Assistant Secretary, Income Support and Grants Branch<br />
Mr John Sadeik, Assistant Secretary, Program Support Branch<br />
Ms Sue Campion, First Assistant Secretary, Health and Community Services Division<br />
Major General Dave Chalmers, AO, CSC, First Assistant Secretary, Commemorations and War Graves<br />
Division<br />
Ms Kate Pope, First Assistant Secretary, Transformation Taskforce<br />
Mr Richard Magor, Assistant Secretary, Veteran Centric Reform, Second Pass Business Case<br />
Mr Alex Gerrick, Assistant Secretary, Veteran Centric Reform Transformation Implementation Branch<br />
Ms Alison Hale, Acting Assistant Secretary, Communications Branch<br />
Mr Tim Evans, Assistant Secretary, Commemorations Branch<br />
Mr Ken Corke, Director, Office of Australian War Graves<br />
Outcome 1<br />
Maintain and enhance the financial wellbeing and self-sufficiency of eligible persons and their dependants<br />
through access to income support, compensation, and other support services, including advice and<br />
information about entitlements<br />
Program 1.1: Veterans' income support and allowances<br />
Program 1.2: Veterans' disability support<br />
Program 1.3: Assistance to Defence widow/ers and dependants<br />
Program 1.4: Assistance and other compensation for veterans and dependants<br />
Program 1.5: Veterans' Children Education Scheme<br />
Program 1.6: Military Rehabilitation and Compensation Acts—income support and compensation<br />
Program 1.7: Adjustments to the Military Rehabilitation and Compensation Acts liability provisions—<br />
income support and compensation<br />
Mr Simon Lewis, PSM, Secretary<br />
Ms Liz Cosson, AM, CSC, Chief Operating Officer<br />
Mr Craig Orme, DSC, AM, CSC, Deputy President<br />
Ms Lisa Foreman, First Assistant Secretary, Rehabilitation and Support Division<br />
Mr John Geary Senior Responsible Officer Rehabilitation and Compensation<br />
Mr Luke Brown, Acting Assistant Secretary, Policy Support Branch<br />
FOREIGN AFFAIRS, DEFENCE AND TRADE LEGISLATION COMMITTEE
Wednesday, 1 March 2017 Senate Page 5<br />
Ms Amber Vardos, Acting Assistant Secretary, Income Support and Grants Branch<br />
Mr Neil Bayles, Assistant Secretary, Rehabilitation, Case Escalation and MRCA Review<br />
Mr John Sadeik, Assistant Secretary, Program Support Branch<br />
Ms Sue Campion, First Assistant Secretary, Health and Community Services Division<br />
Mr John Fely, Assistant Secretary, Procurement and Contract Management Branch<br />
Mr Alex Gerrick, Assistant Secretary, Veteran Centric Reform Transformation Implementation<br />
Ms Carolyn Spiers, Assistant Secretary/Principal Legal Adviser, Legal Services and Assurance Branch<br />
Outcome 2<br />
Maintain and enhance the physical wellbeing and quality of life of eligible persons and their dependents<br />
through health and other care services that promote early intervention, prevention and treatment,<br />
including advice and information about health service entitlements<br />
Program 2.1: General medical consultations and services<br />
Program 2.2: Veterans' hospital services<br />
Program 2.3: Veterans' pharmaceutical benefits<br />
Program 2.4: Veterans' community care and support<br />
Program 2.5: Veterans' counselling and other health services<br />
Program 2.6: Military Rehabilitation and Compensation Acts—Health and other care services<br />
Program 2.7: Adjustment to the Military Rehabilitation and Compensation Acts liability provisions—<br />
health other care services<br />
Mr Simon Lewis, PSM, Secretary<br />
Ms Liz Cosson, AM, CSC, Chief Operating Officer<br />
Mr Craig Orme, DSC, AM, CSC, Deputy President<br />
Major General Mark Kelly, AO, DSC, Repatriation Commissioner<br />
Dr Ian Gardner, Principal Medical Adviser<br />
Dr Stephanie Hodson, National Manager, Veterans and Veterans Families Counselling Service<br />
Ms Sue Campion, First Assistant Secretary, Health and Community Services Division<br />
Ms Leonie Mack, Assistant Secretary, Mental and Social Health Branch<br />
Mr John Fely, Assistant Secretary, Procurement and Contract Management Branch<br />
Ms Veronica Hancock, Assistant Secretary, Policy Branch<br />
Ms Maralyn Newman, Acting Assistant Secretary, Service Access Branch<br />
Ms Lisa Foreman, First Assistant Secretary, Rehabilitation and Support Division<br />
Mr John Geary Senior Responsible Officer Rehabilitation and Compensation<br />
Ms Amber Vardos, Acting Assistant Secretary, Income Support and Grants Branch<br />
Mr John Sadeik, Assistant Secretary, Program Support Branch<br />
Mr Paolo Kraushaar, Acting Assistant Secretary, Program Management Branch<br />
Ms Carolyn Spiers, Assistant Secretary/Principal Legal Adviser, Legal Services and Assurance Branch<br />
Mr Luke Brown, Acting Assistant Secretary, Policy Support Branch<br />
Outcome 3<br />
Acknowledgement and commemoration of those who served Australia and its allies in wars, conflicts and<br />
peace operations though promoting recognition of service and sacrifice, preservation of Australia's<br />
wartime heritage, and official commemorations<br />
Program Branch 3.1: War graves and commemorations<br />
Program 3.2: Gallipoli related activities<br />
Mr Simon Lewis, PSM, Secretary<br />
Ms Liz Cosson, AM, CSC, Chief Operating Officer<br />
Mr Craig Orme, DSC, AM, CSC, Deputy President<br />
FOREIGN AFFAIRS, DEFENCE AND TRADE LEGISLATION COMMITTEE
Page 6 Senate Wednesday, 1 March 2017<br />
Major General Mark Kelly, AO, DSC, Repatriation Commissioner<br />
Major General Dave Chalmers, AO, CSC, First Assistant Secretary, Commemorations and War Graves<br />
Division<br />
Mr Tim Evans, Assistant Secretary, Commemorations Branch<br />
Ms Alison Hale, Acting Assistant Secretary, Communications Branch<br />
Mr Ken Corke, Director, Office of Australian War Graves<br />
Ms Carolyn Spiers, Assistant Secretary/Principal Legal Adviser, Legal Services and Assurance Branch<br />
Australian War Memorial<br />
Outcome 1<br />
Australians remembering, interpreting and understanding the Australian experience of war and its<br />
enduring impact through maintaining and developing the national memorial, its collection and exhibition<br />
of historical material, commemorative ceremonies and research<br />
Program 1.1: Commemorative ceremonies<br />
Program 1.2: National memorial and grounds<br />
Program 1.3: National collection<br />
Program 1.4: Exhibitions<br />
Program 1.5: Interpretive services<br />
Program 1.6: Promotion and community services<br />
Program 1.7: Research and information dissemination<br />
Program 1.8: Visitor services<br />
Dr Brendan Nelson, Director<br />
Ms Leanne Patterson, Acting Assistant Director, Corporate Services and Chief Finance Officer<br />
Ms Anne Bennie, Assistant Director, Public Programs<br />
Mr Tim Sullivan, Assistant Director, National Collection<br />
Major General Brian Dawson (Retired), Executive Manager, Spirit of ANZAC Centenary Experience<br />
Committee met at 08:59<br />
CHAIR (Senator Back): I declare open this hearing of the Senate Foreign Affairs, Defence and Trade<br />
Legislation Committee. The committee will begin its examination of the additional estimates for 2016-17 with the<br />
Department of Defence until 6 pm, Defence Housing until 6.30 pm, the Australian War Memorial after the dinner<br />
break and the Department of Veterans' Affairs until 11 pm. The committee has fixed Friday, 21 April 2017 as the<br />
date for the return of answers to questions taken on notice. I ask my colleagues to provide written questions on<br />
notice by Friday, 10 March.<br />
Under standing order 26, the committee must take all evidence in public session. This includes answers to<br />
questions on notice. I remind all witnesses that in giving evidence to the committee you are protected by<br />
parliamentary privilege. It is unlawful for anyone to threaten or disadvantage a witness on account of evidence<br />
given to a committee and such action may be treated by the Senate as a contempt. It is also a contempt to give<br />
false or misleading evidence to a committee.<br />
The Senate, by resolution in 1999, endorsed the following test of relevance of questions at estimates hearings:<br />
Any questions going to the operations or financial positions of the departments and agencies which are seeking funds in the<br />
estimates are relevant questions for the purposes of estimates hearings.<br />
I remind officers that the Senate has resolved that there are no areas in connection with the expenditure of public<br />
funds where any person has a discretion to withhold details or explanations from the parliament or its committees<br />
unless the parliament has expressly provided otherwise. The Senate has resolved also that an officer of a<br />
department of the Commonwealth shall not be asked to give opinions on matters of policy and shall be given<br />
reasonable opportunity to refer questions asked of the officer to superior officers or to the minister. The resolution<br />
prohibits only questions asking for opinions on matters of policy and does not preclude questions asking for<br />
explanations of policies or factual questions about when and how policies were adopted.<br />
I particularly draw the attention of witnesses to an order of the Senate of 13 May 2009 specifying the process<br />
by which a claim of public interest immunity should be raised.<br />
FOREIGN AFFAIRS, DEFENCE AND TRADE LEGISLATION COMMITTEE
Wednesday, 1 March 2017 Senate Page 7<br />
The extract read as follows—<br />
Public interest immunity claims<br />
That the Senate—<br />
(a) notes that ministers and officers have continued to refuse to provide information to Senate committees without properly<br />
raising claims of public interest immunity as required by past resolutions of the Senate;<br />
(b) reaffirms the principles of past resolutions of the Senate by this order, to provide ministers and officers with guidance<br />
as to the proper process for raising public interest immunity claims and to consolidate those past resolutions of the Senate;<br />
(c) orders that the following operate as an order of continuing effect:<br />
(1) If:<br />
(a) a Senate committee, or a senator in the course of proceedings of a committee, requests information or a document from<br />
a Commonwealth department or agency; and<br />
(b) an officer of the department or agency to whom the request is directed believes that it may not be in the public interest<br />
to disclose the information or document to the committee, the officer shall state to the committee the ground on which the<br />
officer believes that it may not be in the public interest to disclose the information or document to the committee, and specify<br />
the harm to the public interest that could result from the disclosure of the information or document.<br />
(2) If, after receiving the officer's statement under paragraph (1), the committee or the senator requests the officer to refer<br />
the question of the disclosure of the information or document to a responsible minister, the officer shall refer that question to<br />
the minister.<br />
(3) If a minister, on a reference by an officer under paragraph (2), concludes that it would not be in the public interest to<br />
disclose the information or document to the committee, the minister shall provide to the committee a statement of the ground<br />
for that conclusion, specifying the harm to the public interest that could result from the disclosure of the information or<br />
document.<br />
(4) A minister, in a statement under paragraph (3), shall indicate whether the harm to the public interest that could result<br />
from the disclosure of the information or document to the committee could result only from the publication of the information<br />
or document by the committee, or could result, equally or in part, from the disclosure of the information or document to the<br />
committee as in camera evidence.<br />
(5) If, after considering a statement by a minister provided under paragraph (3), the committee concludes that the statement<br />
does not sufficiently justify the withholding of the information or document from the committee, the committee shall report<br />
the matter to the Senate.<br />
(6) A decision by a committee not to report a matter to the Senate under paragraph (5) does not prevent a senator from<br />
raising the matter in the Senate in accordance with other procedures of the Senate.<br />
(7) A statement that information or a document is not published, or is confidential, or consists of advice to, or internal<br />
deliberations of, government, in the absence of specification of the harm to the public interest that could result from the<br />
disclosure of the information or document, is not a statement that meets the requirements of paragraph (1) or (4).<br />
(8) If a minister concludes that a statement under paragraph (3) should more appropriately be made by the head of an<br />
agency, by reason of the independence of that agency from ministerial direction or control, the minister shall inform the<br />
committee of that conclusion and the reason for that conclusion, and shall refer the matter to the head of the agency, who shall<br />
then be required to provide a statement in accordance with paragraph (3).<br />
(d) requires the Procedure Committee to review the operation of this order and report to the Senate by 20 August 2009.<br />
(13 May 2009 J.1941)<br />
(Extract, Senate Standing Orders)<br />
Witnesses are specifically reminded that a statement that information or a document is confidential or consists of<br />
advice to government is not a statement that meets the requirements of the 2009 order. Instead, witnesses are<br />
required to provide some specific indication of the harm to the public interest that could result from the disclosure<br />
of the information or document.<br />
Department of Defence<br />
[09:02]<br />
CHAIR: I welcome Senator the Hon. Marise Payne, Minister for Defence. Good morning, Minister.<br />
Senator Payne: Good morning.<br />
CHAIR: I also welcome the Secretary of the Department of Defence, Mr Dennis Richardson; Air Chief<br />
Marshall Mark Binskin, Chief of the Defence Force; and officers of the department. Minister, do you wish to<br />
make an opening statement?<br />
Senator Payne: No.<br />
CHAIR: CDF, I understand that you do, after which I will invite the secretary to make an opening statement.<br />
FOREIGN AFFAIRS, DEFENCE AND TRADE LEGISLATION COMMITTEE
Page 8 Senate Wednesday, 1 March 2017<br />
Air Chief Marshal Binskin: Thank you, Chair. I would like to give an overview of operations around the<br />
globe at the moment. Firstly, our operations in Iraq are currently focused on supporting the Iraqi security forces as<br />
they continue their offensive to regain control of the city of Mosul. In late January, Prime Minister Abadi declared<br />
east Mosul had been fully liberated. On 19 February he announced the start of Iraq's campaign to retake west<br />
Mosul. Over the past week the Iraqis have recaptured a number of strategic positions, including Ghazlani military<br />
base and Mosul Airport, with support from coalition nations, including Australian special forces advisers and the<br />
Air Task Group.<br />
I had the opportunity to join the Air Task Group during a recent mission in support of the Mosul operations.<br />
Flying over Iraq, observing the FA18 Hornets, find the targeting processes as well as monitoring the interaction<br />
between coalition aircraft and ground forces, reinforced the complexity of the battle space and the excellent work<br />
our people are doing at all levels of operations against Daesh. In numeric terms, to date the Wedgetail has<br />
completed 319 airborne command and control sorties while the KC30 tanker has offloaded an impressive<br />
33,000,000 kilograms of fuel to Australian and coalition aircraft since Operation Okra commenced in October<br />
2014.<br />
Our Hornet aircraft have conducted more than 2,100 sorties over Iraq and Syria, including those in support of<br />
the Mosul offensive, which began last October. During the Mosul offensive, our Hornets have struck over 130<br />
targets around Mosul, including Daesh fighting positions, IED factories, weapons storage facilities and a tunnel<br />
system used to conceal and move both weapons and fighters.<br />
I also spent some time with the Australian Special Operations Task Group, including the remotely based Joint<br />
Terminal Attack Controllers who have been highly effective in supporting Iraqi ground forces. Working closely<br />
with other coalition advise and assist teams, they have coordinated over 450 strikes that have allowed the Iraqi<br />
counterterrorism service to maintain its momentum in the Mosul offensive. When the counterterrorism service has<br />
suffered casualties, Australian special forces medics have helped provide critical combat first aid to their<br />
wounded Iraqi counterparts. This support has not only saved lives, it has strengthened the relationship between<br />
our soldiers and the Iraqi soldiers.<br />
The counterterrorism service is also ably supported by Iraq's regular security forces, many of whom have<br />
trained under Task Group Taji. As the combined Australian and New Zealand building partner capacity mission<br />
approaches the two year mark, successive rotations have trained in excess of 19,000 Iraqi soldiers and, more<br />
recently, federal police. When I visited them in January, a number of units that had trained with Task Group Taji<br />
before had recently returned for further instruction. Battle hardened but more confident in their own capability,<br />
these soldiers have developed a special relationship with their Australian trainers.<br />
Senators, that rapport and respect for Australian Defence Force personnel is echoed across all our operations in<br />
the Middle East region. Our people are doing an excellent job delivering exactly what government has asked us to<br />
do. Everyone I met, from the technicians maintaining our aircraft to the intelligence and legal offices providing<br />
critical support through to the Australians who are engaged at the technical level, understand the importance of<br />
that mission and are proud of the work they are doing to disrupt, degrade and ultimately support the defeat of<br />
Daesh. I know that that sentiment will be repeated later this year when I meet the ADF personnel training,<br />
advising and assisting the national security and defence forces in Afghanistan in their fight against the Taliban.<br />
Australia remains one of the largest non-NATO contributors to the resolute support mission in Afghanistan.<br />
Although this is a non-combat training mission, our ongoing assistance has seen the Afghan forces continue to<br />
mature. Despite the persistent threat from insurgent and terrorist groups, local security forces have demonstrated<br />
their ability to hold territory, retaining control of the country's major population centres, including Tarin Kot.<br />
Afghanistan's future security, however, will depend on the government's ability to raise, train and sustain its<br />
defence and security forces. The Afghan National Army officer academy outside of Kabul is an integral part of<br />
forward planning and so are the ADF trainers and advisers who are working with the next generation of Afghan<br />
military leaders. Since it was established in 2013, around 2,000 army officers have successfully completed<br />
military training at the academy.<br />
As you are aware, there is a third arm supporting our training missions and strike operations in the Middle East,<br />
and that is our maritime contribution. The Royal Australian Navy is one of 31 nations patrolling more than 3.2<br />
million square miles of ocean as part of the combined maritime force maintaining security and stability in<br />
international waters. HMAS Arunta is currently on a nine-month deployment conducting counter-piracy and<br />
counter-narcotics operations to cut off major sources of funding for terrorist and criminal organisations. Arunta is<br />
the 64th Royal Australian Navy vessel to conduct this mission. Since January 2014, Australian ships have seized<br />
and destroyed illegal narcotics worth an estimated $2.68 billion.<br />
FOREIGN AFFAIRS, DEFENCE AND TRADE LEGISLATION COMMITTEE
Wednesday, 1 March 2017 Senate Page 9<br />
Senators, our contribution to the Middle East region accounts for approximately 70 per cent of all ADF<br />
personnel currently deployed on operations. Importantly, today newly promoted Major General Simon Stuart<br />
takes over as force commander overseeing the multinational peacekeeping observer force in the Sinai Peninsula.<br />
He is only the second Australian to command the multinational force and observers since the mission began 30<br />
years ago. The remainder of our personnel are undertaking important work on a range of operations at home and<br />
abroad, including in South Sudan. In our immediate region, the interagency relationships established on border<br />
protection operations have allowed the ADF, Australian Federal Police and Australian Border Force to<br />
successfully conduct a number of joint counter narcotic operations. Using the same skills as our boarding parties<br />
in the Middle East, sailors in Australian navy ships Newcastle, Adelaide and Bathurst have intercepted shipments<br />
of cocaine and methamphetamines with the combined street value of over $426 million, including the largest ever<br />
cocaine bust, which prevented 1.4 tonnes of cocaine hitting our streets.<br />
Our ability to support these joint operations in support of whole-of-government outcomes demonstrate the<br />
ADF's agility and our interoperability. We pride ourselves on being able to complete our mission, whatever the<br />
task we are asked to perform and wherever that may be.<br />
CHAIR: CDF, I will ask you to table that report. Secretary, you have an opening statement?<br />
Mr Richardson: I would like to say a few words about the department in overall terms and also in particular<br />
about the work of public servants in Defence. In respect of the APS in Defence, it is worth noting that over 10 per<br />
cent of them work in the intelligence agencies on counterterrorism support to ADF operations and other activities.<br />
Around 10 per cent of public servants in Defence are in contract and procurement management and over 20 per<br />
cent of the APS in Defence are scientists, engineers and also technical. Other public servants in Defence work on<br />
policy. There are doctors, psychologists, social workers, estate base and infrastructure managers, project<br />
managers, they work on ICT, personnel, finance and security. So the work of public servants in Defence is<br />
diverse.<br />
We have completed the downsizing of the Defence APS. To put that in perspective, since the downsizing<br />
began, in the four years following the commencement of the downsizing in late 2012, the full-time staff<br />
equivalent of public servants in Defence has gone from 22,300 to under 17,200. That is a reduction of over 22 per<br />
cent. We are now building the APS back to its ceiling of 18,200. We deliberately took it down below the ceiling<br />
because we need to have a different workforce mix to what we had previously, consistent with the white paper<br />
and other demands on the department. In particular, the beneficiaries of the build back will be in the ship building<br />
area and in the cyber area. The Australian Signals Directorate will grow by around 350 over the next three years.<br />
That is a part of the organisation which is important to the government overall and an important part of the<br />
intelligence community. It is a part of the department that has a different remuneration structure to other parts of<br />
Defence. For quite some time people in ASD with particular skills have been paid more than their APS<br />
equivalents so as to compete with the demands on people with those skills outside of government. About three<br />
months ago I approved a special arrangement whereby a limited number of people in ASD with selected skills can<br />
receive up to 40 per cent more than their APS equivalents.<br />
We have had challenges in recruitment in the intelligence and other parts of Defence as a result of requirements<br />
of security vetting, but we are now getting well on top of that. The implementation of the first principles review is<br />
now well advanced. As you know, the two-year implementation of the first principles review commenced on 1<br />
July 2015. The oversight board, chaired by David Peever has continued to meet regularly and the CDF and myself<br />
chair an implementation committee that has met every week but four since April of 2015. Four meetings have<br />
been missed since April of 2015—persistence and consistency being the message. The new Defence committee,<br />
the investment committee and the enterprise business committee are now working effectively and I would note<br />
that the investment committee has a representative from each of the Department of Finance and the Department of<br />
Prime Minister and Cabinet.<br />
The Pathway to Change program was a cultural change program that commenced in April 2012. It was a fiveyear<br />
cultural change program. We commenced work some months ago on a successor to that and we will have a<br />
successor in place by the middle of the year. I would simply note that over the last 12 months, some 46 per cent of<br />
all SES appointments were women. The number of women in the Defence senior executive service has grown<br />
from 31 to 45 over the last 12 months. The proportion of women in the Defence graduate program has also<br />
increased from 39 per cent in 2014 to 45 per cent today. I note that three years ago the percentage of Indigenous<br />
Australians in Defence APS was 0.7 per cent. Today it is two per cent. That is almost a threefold increase. It is<br />
still below where it should be but it is a significant improvement.<br />
I would also note the initiatives that Defence has taken outside of any government requirements, particularly in<br />
the area of employment of people with disabilities. We have a partnership with Hewlett-Packard. They have a<br />
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program globally called Dandelion. We have nine people in Defence as part of that program on the autism<br />
spectrum with special skills and we have rolled out the Defence administrative assistance program in Townsville,<br />
Amberley, Enoggera, Holsworthy, Victoria Barracks Melbourne, Edinburgh and Stirling and are about to roll out<br />
in Robertson in Darwin. That program employs people with intellectual disabilities. Some 115 to 130 people with<br />
intellectual disabilities who did not previously have a job now have a job with Defence. We do that on a business<br />
proposition. We work in partnership with different community groups and those individuals are providing service<br />
to Defence which we were not previously getting.<br />
On the policy front, I would simply note the challenges of North Korea, the South China Sea, Afghanistan, Iraq<br />
and Syria. I would also note, obviously, the work that is now going on with the new administration in the US. In<br />
that context, I would note that we have completed the force posture cost sharing agreement with the US in respect<br />
of their activities in northern Australia. Other issues, of course, are the legacy contamination issues on the estate<br />
and the need to expand certain training areas, particularly to meet ADF requirements. Finally, looking ahead, I<br />
would note that APS numbers in the budget in Defence will come under some pressure over the next four years. I<br />
am not by any means suggesting that that will be unmanageable, but I think it is worth noting because there<br />
appears to be an assumption sometimes made that there is slack in the Defence budget. I would simply note for<br />
the record that that is not the case. It is going to tighten up considerably in the next three to four years as<br />
shipbuilding and other activities start to bite. Thank you.<br />
CHAIR: Thank you, Secretary. We will go to questions. Senator Farrell.<br />
Senator FARRELL: CDF, you gave us an outline of some of your activities. In respect of the Middle East,<br />
have you seen any changes in the disposition of tactics employed by Daesh since we last spoke?<br />
Air Chief Marshal Binskin: Yes, we have. If we go back two years, Daesh were fighting as a formed group<br />
out in the open, manoeuvring quite well and more along a conventional line than an insurgency. We are still<br />
seeing them fighting along conventional lines. We see their weapons of choice are still vehicle borne improvised<br />
explosive devices. The assaults that the counterterrorism service are conducting on Mosul, the first line of defence<br />
that comes at some are multiple VBIED attacks. So these could come just as vehicles that are loaded up but are<br />
more likely now what you would hear termed Mad Max vehicles. There is lots of steel around them with small<br />
slits for the drivers to see and they are predominantly suicide attacks.<br />
Senator FARRELL: Mad Max 4 vehicles or—<br />
Air Chief Marshal Binskin: Not one but the two to four regime. But you get the idea of the vehicles that are<br />
going against them. They are coordinated now with what we are seeing as a predominantly growing threat, which<br />
is the unmanned aerial systems. I will call them drones, because that is what most people call them. They are the<br />
little commercial ones that you can buy. You are seeing a lot of those now starting to appear over the battlefield<br />
armed with grenades. They are small weapons, but it is enough to create havoc and, if you are in the wrong spot,<br />
to kill you. So we are seeing a marked growth in that area as well as Daesh now starting to work the defences in<br />
what is a very tight urban environment, which is western Mosul. I would say the growth in the commercial UAS<br />
is the area that has changed since we last got together.<br />
Senator FARRELL: How do you defend against drones dropping—<br />
Air Chief Marshal Binskin: There are a number of ways of doing that. I would not propose we talk about it<br />
in the open. But it is anything to kinetic to other modes of being able to disrupt them. They are limited in what<br />
they can do, but in close urban fighting they have the range to be able to create problems to the assaulting force.<br />
Senator FARRELL: Has there been any notable change to the threat posed to either our own forces of<br />
coalition forces?<br />
Air Chief Marshal Binskin: No, I do not believe so. We continue to monitor the threat environment that they<br />
are a part of. They are moving with the headquarters of the CTS as they move forward in the assault. So we have<br />
our people at forward operating bases but we keep a very close eye on the threats and risks that they may pose.<br />
They are the same threats and risks predominantly that we faced throughout the last couple of years.<br />
Senator FARRELL: So things have not changed in that respect?<br />
Air Chief Marshal Binskin: No, but I will say that it is still a risky environment that they operate in. Even<br />
though they operate at the headquarters level, it is still a risky environment, so we keep a close eye on it.<br />
Senator FARRELL: I want to talk about a few aspects of Operation Okra. I know that you mentioned some<br />
of them in your opening statement. Could you tell us how many FA18s we have deployed at the moment and are<br />
they classic or Super Hornets?<br />
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Air Chief Marshal Binskin: They are classic Hornets at the moment. As you know, we are approved to<br />
deploy up to 8 Hornets, whether they be super or classic. Currently they are classic. We normally have six in<br />
country for operations in the base in the Middle East we operate from. At the moment, temporarily for a couple of<br />
months, we have a seventh aeroplane in theatre. This is predominantly from an administrative point of view. We<br />
are across doing an exercise with one of the countries in the Middle East. This is part of our normal exercises. At<br />
the time we were doing what we call a 'tail swap' of aircraft. About every six to eight weeks we will swap a<br />
couple of aeroplanes out to bring them back for a deep level maintenance back in Australia. As part of that tail<br />
swap, we did an exercise in country. To reduce the number of tail swaps we do, we left an extra aircraft in there<br />
for a period of a couple of months. The rate of effort has gone up a little bit in support of Mosul. We could have<br />
done that with the six aeroplanes. The seventh just makes it easier for the maintainers and takes an administrative<br />
costs from one of the swap outs away.<br />
Senator FARRELL: I think you mentioned how many times we have flown, but I'm not sure you have<br />
distinguished between Iraq and Syria. Would you be able to give us that information?<br />
Air Chief Marshal Binskin: You are more after the FA18s, I would imagine.<br />
Senator FARRELL: Yes, I am.<br />
Air Chief Marshal Binskin: The Super Hornets flew 418 sorties in total. That was all in Iraq. The classic<br />
Hornets have flown 1,749 sorties in total, of which 48 have been in Syria.<br />
Senator FARRELL: On average, how many missions are we flying daily or weekly and on how many<br />
occasions have our pilots fired their weapons?<br />
Air Chief Marshal Binskin: I will not get into the daily rate of effort, but I am happy to talk in camera a bit<br />
more about what the rate of effort is. The super Hornets employed 278 weapons during that time, and they were<br />
the first rotation through. The classic Hornets have dropped 1,425 precision weapons in total, of which 67 have<br />
been in Syria.<br />
Senator FARRELL: Have any RAAF asset been fired upon while undertaking operations since the last<br />
estimates?<br />
Air Chief Marshal Binskin: I have not had any reports of them being fired on, but that does not mean that it<br />
has not happened. Although they do operate in an environment that is well clear of the predominant number of<br />
weapons systems that are in Iraq and Syria. That doesn't mean a soldier hasn't picked up a gun and shot something<br />
at them. But the chances of that doing anything is quite slim—touch wood.<br />
Senator FARRELL: Can you tell us how our contribution to the war effort is compared to the other<br />
participants?<br />
Air Chief Marshal Binskin: The Australian contribution is a substantial contribution. You can talk about<br />
whether it is the second-largest after the US in the coalition in Iraq. It is difficult to compare because some<br />
nations are doing something on the ground, others are doing it in the air. But when you look at the combination of<br />
what we are doing with our task group, we have the strike aircraft, the tanker, the Wedgetail airborne early<br />
warning and control aircraft and the building partner capacity at Taji, which is about 300 Australians. You can<br />
also look at the 50 or so embeds we have in coalition headquarters and the special operations task group that sits<br />
around about 80. You do that combined air and land and it is a substantial contribution. And it is a valued<br />
contribution for Iraq.<br />
Senator FARRELL: Obviously the United States is doing most of the work. How do we compare with the<br />
other countries around our size in terms of contribution?<br />
Air Chief Marshal Binskin: If you look at our deployment compared to other countries that are involved, I<br />
would say that we are pretty much to the top of the coalition. It would depend. For example, if the French had an<br />
aircraft carrier in, that would increase their contribution. When the aircraft carrier is not in it reduces their<br />
contribution. But consistently, I would say we have been probably close to leading the other coalition nations in<br />
just size and what we are doing with our force.<br />
Senator FARRELL: Is that recognised by those other countries?<br />
Air Chief Marshal Binskin: Yes, it is.<br />
Senator Payne: And by the government of Iraq, Senator. Most definitely. There are 34 or 35 countries who<br />
participate in the large minister’s meeting of the counter ISIL coalition, the most recent meeting of which was<br />
held at NATO headquarters in Brussels about 10 days ago, which I attended. In the small ministerial group there<br />
are about 12 members—that is, 12 of the larger contributors. In the past months, each iteration of the counter ISIL<br />
meeting has seen an increase in the numbers participating. And new ministers, and therefore new countries,<br />
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attending. I think the recognition is most certainly there from the government of Iraq and from the United States<br />
as leader of the coalition and from our normal counterparts in the international context. The building partner<br />
capacity mission is a particularly apposite example, I think. If you look at the numbers that have been trained by<br />
our soldiers in conjunction with the NZ DF in Taji, we have trained over 16,000 regular Army personnel in the<br />
Iraqi security forces, which has made a significant contribution to what they have been able to achieve in the past<br />
in terms of their actions. Since the extension of our training activity, we have trained almost 2,000 police. They<br />
are used in different ways and there is different nomenclature in terms of what they are called by the Iraqi<br />
government. But there are almost 2,000 of those, whose role will be to pursue stability in areas that have been<br />
liberated. In those very simple terms, that is an indication of the pretty extensive contribution from Australia.<br />
Senator FARRELL: What is the purpose of those people after liberation?<br />
Senator Payne: Police. Stability.<br />
Senator FARRELL: Right.<br />
Senator Payne: Stability in communities that have been liberated from Daesh. The government agreed to that<br />
extension of our training activities from our building partner capacity activities in Taji.<br />
Senator FARRELL: You mentioned that there are a number of additional countries now involved. Can you<br />
tell us who they are?<br />
Senator Payne: I would have to get a full list for you. But I do know that the most recent addition to the table<br />
in Brussels at the last meeting was Lithuania.<br />
Air Chief Marshal Binskin: There are about 64 nations involved one way or another in the coalition. Some<br />
of that might be financial support or political support. There are just over 30 that are contributing forces one way<br />
or another. When you look at the component, there are a small number of nations and then there is a smaller<br />
number again that are doing strikes. Our contribution is right up there. As the senator, or the minister, said, it is<br />
valued very much by the Iraqis.<br />
Senator FARRELL: She is also a senator.<br />
Air Chief Marshal Binskin: She is. But she is my minister.<br />
Senator FARRELL: It’s not Christopher Pyne?<br />
Air Chief Marshal Binskin: We share a lot of ministers. I am very proud to have the senator as our minister.<br />
I have lost my train of thought. Sorry about that.<br />
Senator FARRELL: I have distracted you, CDF.<br />
Air Chief Marshal Binskin: It is valued. As the minister said, whenever we talk to the Iraqis, and I met with<br />
my counterpart, the CDF, in January, the first part of the conversation is always the value that they place on the<br />
support we are giving them. If you look at the senior Iraqi government participation in the graduations at Taji, it is<br />
either the defence minister or the PM, that level, who will turn up to those graduations. That is the significance<br />
that they see in the support that we give them.<br />
Senator FARRELL: Have you been to some of those?<br />
Air Chief Marshal Binskin: I have not been to the graduations, no.<br />
Senator FARRELL: The minister mentioned additional countries. You have talked about the variety of<br />
contributions you can make. Have those new countries also been actually providing military forces or are they<br />
countries that are supplying financial contributions?<br />
Senator Payne: Some of them do; some of them don’t. We will take on notice to provide, as is available<br />
publicly, a list for the committee.<br />
Senator FARRELL: Thank you. Just talking about task group Taji: did you say that we have completed all of<br />
the training?<br />
Air Chief Marshal Binskin: We continue to complete their training. Units come through on a four-, six-,<br />
eight- or nine-week training course. It depends on the requirement for their on operations. It depends whether it is<br />
police or army. It depends on what they are going to do afterwards. We have had some units, as I alluded to, that<br />
we trained initially who have come back through for refresher training prior to them then moving to the next<br />
front. That is where we are seeing the change in their capability, their attitudes and their ability to work together<br />
as units, when they do come back in after they have been out fighting.<br />
Senator FARRELL: Does that mean that you are seeing them more than once in terms of training?<br />
Air Chief Marshal Binskin: Some units, yes.<br />
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Senator FARRELL: And you are noticing an increase in confidence?<br />
Air Chief Marshal Binskin: There is an increase in confidence. And, as I mentioned in my opening<br />
statement, a battle-hardened approach to what they are doing. We are seeing it in their employment of tactics,<br />
how they manoeuvre and how they coordinate, improving with each iteration as well and with each assault. In the<br />
assault of Mosul we have seen them change their tactics and improve how they coordinate between the CTS, the<br />
federal police, the regular army and how they are manoeuvring. So we are seeing that improvement month to<br />
month as the operations continue.<br />
Senator FARRELL: You would say that was partly because of the training that we are giving them?<br />
Air Chief Marshal Binskin: It is definitely because of the training that not only Australia is giving them but<br />
other members of the coalition as well, and the building partner capacity. Then there is also the work that our<br />
Special Operations Task Group is doing in conjunction with a couple of other nations, working very closely with<br />
counterterrorism service. We are definitely seeing the input of the mentoring, the advising and the assisting there<br />
being played out in operations.<br />
Senator FARRELL: Did you say we have trained 16,000?<br />
Air Chief Marshal Binskin: If you look at the total, it is about 19,000 when you combine everything. I think<br />
the minister mentioned 16,000 Iraqi army and then there are police on top of that.<br />
Senator Payne: There are 2,000 or so police.<br />
Air Chief Marshal Binskin: When you add it all up it is about 19,000.<br />
Senator FARRELL: I think you mentioned in your opening statement about the retaking of east Mosul. Now<br />
activity is focused on west Mosul. Can you give us any clearer picture of what is happening there?<br />
Air Chief Marshal Binskin: I think what you are seeing in the open source media gives you a good idea of<br />
the operations and the intensity of fighting that is going on in west Mosul.<br />
Senator FARRELL: All right. I want to read out a little media report from 22 February and ask a question<br />
about it. It said:<br />
But an estimated 750,000 civilians are under siege across the Tigris River which is home to the old city with narrower<br />
streets and denser terrain.<br />
Australian Defence Force chief of joint operations Vice Admiral David Johnston—<br />
Not to be confused with the Senator—<br />
warned there is likely to be IS (Daesh) sleeper cells among the civilian population in the city's east who will conduct terrorist<br />
attacks to delay the offensive in the west.<br />
Do you have any advice on the number of civilian casualties arising from the ground offensive?<br />
Air Chief Marshal Binskin: I do not have advice on the number of civilian casualties, but I can say to you<br />
that everything that we do in our operations aims to minimise civilian casualties. When they are in a war zone,<br />
and it is a tight urban area, that is difficult to do. But part of our processes and what we work with the Iraqis with<br />
is always to look to minimise civilian casualties in the operations.<br />
That being said, we are working against an adversary, ISIL, who do not care about civilian casualties. In fact,<br />
inflicting as much damage as they can on the population is a part of their operation. It is a tragedy. As we get into<br />
the closer urban fighting in Mosul—and it is tighter, as the old city of Mosul is on the western side–that could<br />
become more of an issue. It is just something that the planners will have to take into account and those on the<br />
ground will have to factor in for their operations.<br />
CHAIR: Can I just ask you to stop there for a moment and I will go to Senate Fawcett.<br />
Senator FAWCETT: Mr Richardson, can I move on from your opening statement to the budget overview? I<br />
would like to talk specifically about table 1.3, budget measures, which I note has not been updated in your<br />
additional estimates. I have raised a number of times in the past the issue of transparency of absorbed measures<br />
and I am pleased to see in this table there are some footnotes that actually highlight some absorbed measures.<br />
Having highlighted those, are they the only absorbed measures in the budget or are there others that have not been<br />
flagged?<br />
Mr Richardson: No, that would not be the totality of absorbed measures.<br />
Senator FAWCETT: Could I commend you for identifying some and request that, where possible, any<br />
individual amount that can be identified as an absorbed measure is? I repeat my request in the light of what we<br />
have seen in the past where a lot of back-of-house functions were hollowed out as a consequence of absorbed<br />
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measures—that we do see a tabulation outside of all your approved accounting practices of absorbed measures<br />
and the impact it has had on estate remediation, training, maintenance contracts and anything else?<br />
Mr Richardson: Where we can do that we will have a look at that.<br />
Senator FAWCETT: Mr Prior, are you able to give me an idea of why these particular measures were<br />
flagged as absorbed but others have not been?<br />
Mr Prior: Are you referring to table 6, the budget measures list?<br />
Senator FAWCETT: I am referring to table 2, Defence 2016-17 budget measures and the footnotes to a<br />
number of the measures in that.<br />
Mr Prior: You are referring to the measures that have been announced by the government. They are<br />
articulated there. They are in line with the MYEFO statement put out by the government. Those are the measures<br />
decided by the government to be announced.<br />
Senator FAWCETT: I understand that. What I am highlighting is that you have chosen in this instance–<br />
which I welcome—to note that they are absorbed measures. So it is an announced policy or activity that it is<br />
going to be absorbed within the Defence budget. I applaud that. I am just asking what the threshold is around<br />
those. We have identified it and yet according to the secretary there are other measures where we have not flagged<br />
that. Again, the context that I am coming from here is that over the past eight to 10 years we have seen amounts in<br />
excess of $1 billion of essentially unfunded liability around facilities remediation to operational things like fuel<br />
farms because of this growing impact of absorbed measures. I am keen to see transparency in that reporting.<br />
Mr Prior: As I think we have discussed before, this document in its content is governed by the budget<br />
measures rules promulgated by the Department of Finance. What is included in this particular table is governed<br />
by that process. And we follow that precisely. This reflects what is also contained in the budget measures budget<br />
paper No. 2, documents that are published at the whole-of-government level. This is a reflection of that in the<br />
context of Defence. That is why this table is here and the notes at the bottom are a summation of the measure<br />
description that is contained in the whole-of-government measures documents. That is why that is there. That is to<br />
reflect those government decisions.<br />
Senator FAWCETT: That is fine, and I completely understand that you apply that process precisely. I am<br />
just asking that if you have applied it and put the footnotes in here, could you extend it to other measures and<br />
even perhaps include an additional table, even if it is the very last appendix of the report, that flags what<br />
additional absorbed measures have been taken by the department?<br />
Mr Prior: As the secretary has said, we will look at that and take that into consideration.<br />
Senator FAWCETT: Thank you. Can I also take you to table 12, which is for resources across the<br />
department. It is a fairly broad question. You obviously have an incremental increase in funding against each of<br />
the outcomes over the forward estimates. I take you back to the work done by Pappas, where he was trying to<br />
quantify cost growth pressures for existing assets, personnel and equipment as well as allowing for new<br />
acquisition. I am happy for you to take this on notice. I am just wondering if you can give the committee an<br />
understanding of how much of Pappas’s work has been included in this to make sure that the force in being and<br />
the infrastructure in being is adequately funded in these increases to make sure they are sustained at a suitable<br />
level of readiness and capability as well as, obviously, funding for new measures that are coming in?<br />
Senator Payne: Just to clarify, Senator, are you in 1.5, table 12?<br />
Senator FAWCETT: This is page 33 of the budget statement, table 12.<br />
Senator Payne: There is actually a summary for program 1.4, Air Force capabilities.<br />
Senator FAWCETT: No, this is page 33, table 12. It is entitled, ‘Total Budgeted Resources Available for<br />
Outcome 1’.<br />
Mr Prior: Of the additional estimates document?<br />
Senator FAWCETT: No, this is the portfolio budget statement, not additional estimates.<br />
Senator Payne: I just wanted to make sure we were all working from the same table 12.<br />
Senator FAWCETT: That is fine. This was not updated as part of the additional estimates.<br />
Mr Prior: We can have a look at that and take it on notice.<br />
Senator FAWCETT: Chair, I have some other questions that arise out of the portfolio budget statements but<br />
they do go to the various programs around personnel, air or land. Do you wish me to wait until those come up?<br />
CHAIR: If we can, yes.<br />
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Senator KIM CARR: Air Chief Marshall, I am interested in your opening statement. Thank you very much<br />
for that. In particular, though, I do not recall you referring to the operation near Deir al-Zor in Syria on September<br />
18. Can you give us an update to the inquiry? This is the event that led to the killing of 83 Syrian troops.<br />
Air Chief Marshal Binskin: I think the one you are alluding to was the strike where we were a part of four<br />
nations that struck forces around the south-west of Deir al-Zor. That is the one that, after the bombing<br />
commenced–-<br />
Senator KIM CARR: Yes, there appears to be a number of different spellings. The Hansard has a different<br />
spelling.<br />
Air Chief Marshal Binskin: Yes, and it is pronounced 1,000 different ways as well.<br />
Senator KIM CARR: We have the right one. It was 18 September last year.<br />
Air Chief Marshal Binskin: Yes, we have the same one. An investigation was conducted into that mission. It<br />
was a coalition investigation led by the US. The investigation found that the strikes were conducted in full<br />
compliance with the rules of engagement and the laws of armed conflict. The decisions that identified that those<br />
forces on the ground at the time were Daesh fighters were supported by the information available to the planners<br />
and the decision-makers at the time, and there was no evidence of deliberate disregard of targeting procedures or<br />
rules of engagement that were identified in that. So, basically, with the information that they had at the time in the<br />
planning for that strike, and the identification of the targets on the ground, the assessment was that they were<br />
Daesh fighters and the decisions were made that way. Subsequently, with information that became available after<br />
the fact, it appeared, but was not 100 per cent confirmed, that they were forces aligned with the Syrian regime.<br />
They were not necessarily Syrian forces but it is more than likely they were those forces. Interestingly, the<br />
Syrians did not give us any information, besides the initial indication we had on the targeting. There was no other<br />
information that came out on who may have been on the ground in that particular position.<br />
Senator KIM CARR: So were they Syrian army or not?<br />
Air Chief Marshal Binskin: I do not know.<br />
Senator KIM CARR: You still do not know?<br />
Air Chief Marshal Binskin: It is more likely than not that they were forces aligned with the regime. That is<br />
the best definition we could come up with for those forces on the ground. Also, interestingly, recently fighting has<br />
been conducted around that area and ISIL have control of that area. So it has obviously moved backwards and<br />
forwards over time.<br />
Senator KIM CARR: The media reports refer to mistakes in targeting. Was that an accurate description?<br />
Air Chief Marshal Binskin: That is the in-hindsight assessment. Again, when it analysed all the data<br />
available to the decision-makers at the time the review found that the decisions made with the information they<br />
had were valid. It was only what came up after the fact that led to the assessment that they were Syrian-aligned<br />
forces.<br />
Senator KIM CARR: You told us at the hearings on 19 October that bombing ceased immediately and an<br />
inquiry was commenced. So how did you find out that the coalition forces were bombing the wrong targets?<br />
Air Chief Marshal Binskin: You may remember the reports at the time. I was not here on 9 October. That<br />
was the vice chief.<br />
Senator KIM CARR: My apologies. You are quite right.<br />
Air Chief Marshal Binskin: That is okay. I know the details. What happened was that the strikes commenced<br />
and after a period of time into the strikes being conducted there was a phone call through the Coalition Air and<br />
Space Operations Centre from the Russian coordination person, as part of the Syrian side of the operation, who<br />
indicated that the strikes were being conducted against Syrian forces. That was the first indicator. The minute that<br />
phone call came through and that person made contact with their counterpart in the CAOC the strikes ceased.<br />
Senator KIM CARR: What are the lessons that we have learnt out of this?<br />
Air Chief Marshal Binskin: There were a number of recommendations out of it in the process. What<br />
happened here was part of a dynamic-targeting evolution. The processes that were changed were to make sure that<br />
the decision-makers had all the information, not just at that level but all throughout the intelligence system<br />
available to them, to be able to make those decisions. But I will say that Syria is a complex environment, with a<br />
number of different nations, interests and organisations in there. Syria is difficult to work in.<br />
Senator KIM CARR: Is there a hotline in operation that does allow for communications between the Syrian<br />
government and the coalition?<br />
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Air Chief Marshal Binskin: It is a hotline that is more for deconfliction of air operations between the Russian<br />
and Syrian air operations and the coalition air operations, noting that when we are talking about targeting ISIL we<br />
are both targeting the same forces. Again, interestingly, on that Deir al-Zor strike you are talking about, as the<br />
targeting and the engagement ceased and the aircraft moved back, the Russian air force moved in and started<br />
engaging targets not that far away. It is more a deconfliction telephone rather than for coordination of movement<br />
of forces on the ground.<br />
Senator KIM CARR: Can I turn to you, Mr Secretary, and your comments in regard to the changes in the<br />
personnel structure? I thank you very much for that. It is quite clear that Defence is seeking to fundamentally<br />
restructure its operations and it is obvious you are making considerable progress in that regard. Can you give me<br />
some advice on an area I do not think you mentioned? I am sure you will correct me if I have misunderstood you.<br />
You mentioned a range of what we used to call 'targeted equity groups'. Did you mention Indigenous employees?<br />
Mr Richardson: Yes, I did.<br />
Senator KIM CARR: Could you tell me what the headcount is on Indigenous Australians currently working<br />
in the Defence department?<br />
Mr Richardson: I will get someone else to mention the headcount. Three years ago, 0.7 per cent of the APS<br />
workforce were Indigenous. Today, two per cent of the APS workforce is Indigenous. We had a very big program<br />
over the last three years on that. We have essentially increased threefold. We can get the headcount for you.<br />
Senator KIM CARR: I take it that the recruitment program is working well, is it?<br />
Mr Richardson: Yes. There are 368 Indigenous APS personnel.<br />
Senator KIM CARR: What is the highest ranking person in that category?<br />
Mr Richardson: EL2, I think.<br />
Senator KIM CARR: Has this program been under review in recent times?<br />
Mr Richardson: We have something called the Defence Civilian Committee that meets fortnightly. We<br />
would visit issues relating to Indigenous employment at least once every three months and sometimes every<br />
month. We have engagement with the Public Service Commission on it and we have engagement with other<br />
interested groups. The big challenge, speaking personally, over and above recruitment, is maintenance of staff.<br />
The separation rate for Indigenous APS is higher than for the APS generally. We want to reduce that separation<br />
rate.<br />
Senator KIM CARR: That was the point I was going to. It has been put to me that while you are recruiting<br />
quite successfully, retention is a more complex problem.<br />
Mr Richardson: It is. But any suggestion that we are simply replacing the people who leave is sheer<br />
nonsense. Three years ago 0.7 per cent of the APS workforce were Indigenous. Today it is two per cent.<br />
Senator KIM CARR: Is there an exit interview process for people leaving the service?<br />
Ms Kelley: We are looking at a number of strategies for improving our retention. Some of that is looking at<br />
career development opportunities and progression, improving our supervisor awareness and support, and cultural<br />
awareness. I will let Justine clarify whether we are actually doing exit interviews at the moment.<br />
Ms Greig: With the increase in the number of Indigenous trainees, which has been particularly high in the last<br />
year or so, as the secretary mentioned, we certainly work very closely with the trainees. If we start to get any<br />
indicators with this group that they may not be comfortable, happy, challenged or enjoying the workplace, we<br />
take a close interest. For those in that group that we have unfortunately lost for whatever reason, we have worked<br />
closely with them all the way through from commencement right to when they decide or elect to leave the<br />
organisation. We do put particular focus on the trainee group. They are a young group. They have different<br />
driving factors to many other parts of the workforce. So whilst they are not formal exit interviews, we do it in a<br />
more individualised fashion.<br />
Senator KIM CARR: So how many people who you have recruited have subsequently left?<br />
Ms Greig: I think we would rather come back to you with the exact numbers.<br />
Senator KIM CARR: Okay.<br />
Ms Greig: It is important also to break that down in terms of who from that trainee group we have done a lot<br />
of work with, to try and really look at what it is that we can do further to support, versus other cohorts or groups<br />
in the department.<br />
Senator KIM CARR: Thank you. I appreciate that. If you can provide the committee with advice on what<br />
steps you are taking to actually improve the situation, it would be helpful. Mr Secretary, you referred to the<br />
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Defence numbers. I am particularly interested in some reported remarks that you have made on the question of<br />
contractors. In an article on 20 February in the Canberra Times it was reported that you said that the number of<br />
contracts is now outnumbering the Public Service workforce in the department. I am wondering if that is the case?<br />
Mr Richardson: No, it is not. That is an inaccurate report. The number of service providers plus contractors<br />
and consultants would outnumber public servants. There is nothing unusual in that. We only have an estimate of<br />
the number of people employed by service providers. With service providers, you enter into a contract for a<br />
particular service to be delivered, and the number of people who they employ to deliver that service is their<br />
business. We do not determine the number they employ. For instance, the garrison service contracts we have.<br />
That’s catering. Service providers include caterers and people who mow lawns. It is people who do the full range<br />
of looking after bases. The three areas in which most service providers deliver people are in the area of estate<br />
management, capability acquisition and sustainment, particularly in the maintenance and sustainment side of a<br />
house and, thirdly, in ICT. With consultants, again, you enter into a contract with a firm to do a particular job.<br />
The number of people they employ to do that job is their business. We do though the numbers of contractors. At<br />
the moment it is around 700.<br />
Senator KIM CARR: Has that changed in recent years?<br />
Mr Richardson: Yes, it has. The number of contractors has pretty much doubled in the last 12 months.<br />
Senator KIM CARR: How do you account for that?<br />
Mr Richardson: I am not entirely sure. Let me put it in context. Any suggestion that APS goes down and<br />
contractor and other numbers automatically go up is just dead wrong. Let me put in context. As I mentioned in my<br />
opening comments, in the four years from late 2012 we downsized by about 5,000 people. You cost a public<br />
service in defence, including on-costs, utilities and the like, at approximately $125,000 per person. So 5,000<br />
people is roughly $625 million, I think. I would say that we have not taken all of that out of the cost structure of<br />
the organisation and fed back into capability. But I would say we have taken between 400 and 450—around about<br />
$400 million—out of our cost structure. The remaining $125 million has probably fed back into outsourcing, et<br />
cetera. So there would be an element of that in the increase in contract numbers.<br />
Senator KIM CARR: Thank you for that. I will put a series of questions on notice to get a breakdown of the<br />
changes. That will cover the issue rather than go through that level of detail. The article reported that you were<br />
considering capping the amount of money Defence could spend on consultants after the numbers nearly doubled<br />
in less than a year.<br />
Mr Richardson: No, contractors nearly doubled. I did not say that consultants nearly doubled.<br />
Senator KIM CARR: So that was just a mistake by the reporter?<br />
Mr Richardson: Well, I did not talk to the reporter, so whoever spoke to the reporter made a mistake.<br />
Senator KIM CARR: They got it wrong. Okay. Is it the case that you are intending to cap the amount of<br />
money that is available for contractors?<br />
Mr Richardson: No, for consultants. We can control contractors through numbers. With consultants, the best<br />
way to control it is through money. The Defence committee took a decision earlier this week to reduce the money<br />
available to consultants from 1 July this year–that is, next financial year–by 10 per cent.<br />
Senator KIM CARR: About how much is that?<br />
Mr Richardson: I would need to take that on notice.<br />
Senator KIM CARR: Are there any further actions being taken in regard to consultants?<br />
Mr Richardson: We will control consultants through the allocation of monies.<br />
Senator KIM CARR: But the question of public service capability is a long-standing issue within the APS. Is<br />
it your view that the department's capabilities have been run-down where you actually have to employ consultants<br />
for work that has traditionally been done by public servants?<br />
Mr Richardson: There would be limited instances of that, but it is not systemic.<br />
Senator KIM CARR: What sort of instances?<br />
Mr Richardson: Clearly, if you reduce your workforce by over 22 per cent that does have an impact on what<br />
you can and cannot do. So inevitably there would be some instances where we would have engaged consultants<br />
where previously we might not have had to do so.<br />
Senator KIM CARR: It has been my experience in other portfolios that they have had a reduction in public<br />
service numbers and an increase in the number of consultants. Often the consultants fees are undertaken by expublic<br />
servants at higher rates. Is that the case in Defence?<br />
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Mr Richardson: You get limited examples of that. But it is a furphy that a public servant walks out the door<br />
and a consultant walks in the door. That is simply a furphy. There are limited examples where we can point to that<br />
but, in general, that is not the case.<br />
Senator KIM CARR: Are there any provisions within your administrative framework that prevent public<br />
servants from actually doing that?<br />
Mr Richardson: No.<br />
Senator KIM CARR: None. There are no provisions to prevent it?<br />
Mr Richardson: No.<br />
Senator KIM CARR: Should there be?<br />
Mr Richardson: That is a matter for government and the Parliament. That would involve both APS and the<br />
ADF.<br />
Senator KIM CARR: Well, there are conflicts of interest provisions, for instance–<br />
Mr Richardson: There are.<br />
Senator KIM CARR: within the public service guidelines.<br />
Mr Richardson: We do have provisions relating to that. It is a really interesting issue and something that you<br />
grapple with as a matter of principle. Equally, if you have worked in the ADF for 25 or 30 years and that has been<br />
your total life's work and you then leave, are we going to deny that person an opportunity to get employment<br />
utilising the skills that they have developed? That will probably be in the Defence industry. There are conflicting<br />
principles here.<br />
Senator KIM CARR: There are recent cases I can tell you of in regards to the CSIRO, for instance, where<br />
people have walked out of very senior positions straight into companies working directly in areas for which that<br />
previous public servant was responsible. Do you have that situation in Defence?<br />
Mr Richardson: There have certainly been instances where people have left Defence and walked straight into<br />
areas which I would question.<br />
Senator KIM CARR: So what do you do under that circumstance?<br />
Mr Richardson: I simply note it.<br />
Senator KIM CARR: There is no other provision available to you as a secretary?<br />
Mr Richardson: There are some restrictions in place in certain areas in terms of what they can do. But there is<br />
considerable movement between Defence and the defence industry. There is a lot of movement backwards and<br />
forwards and it does raise a lot of issues, in my view.<br />
CHAIR: Can I ask you to pause there?<br />
Senator KIM CARR: Sure. I do have some follow-through on a couple of contracts specifically, if I could.<br />
CHAIR: You can come back to those. Senator Ludlam.<br />
Senator LUDLAM: I want to ask a couple of fairly high-level questions to begin with, which you might want<br />
to take on, Minister, if you feel like I'm straying into policy. I want to quote Michael Green, who is a former<br />
national security adviser to President Bush the younger. he said about new president Donald Trump:<br />
…we've never had a president come into office with such an unpredictable style of communication and with such alarm<br />
among our closest friends and allies.<br />
I'm interested to know how the department is managing the Trump administrations contradictory and, in my view,<br />
quite alarming statements?<br />
Mr Richardson: I can respond to that. I do not believe the current administration has been making<br />
contradictory and alarming statements.<br />
Senator LUDLAM: So we are going to war with China then?<br />
Mr Richardson: No, I do not believe the Trump administration has said we are going to war with China.<br />
Senator LUDLAM: What about Iran?<br />
Mr Richardson: I do not believe the Trump administration has said they are going to war with China.<br />
Senator LUDLAM: We must be reading different reports. Go ahead; I will let you answer.<br />
Mr Richardson: I think that is a matter of public record. I do not believe the Trump administration has said<br />
that it is going to war with either country.<br />
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Senator LUDLAM: Mr Richardson, what is your view on torture? Do you believe that torture techniques like<br />
water boarding absolutely work, as stated by president Donald Trump?<br />
Mr Richardson: I will keep my views on such matters to myself.<br />
Senator LUDLAM: Okay. I will ask you a policy question rather than a personal view. What is Australian<br />
government policy on torture as it relates to Defence and intelligence?<br />
Mr Richardson: We do not utilise torture.<br />
Senator LUDLAM: Do we support our allies using it?<br />
Mr Richardson: As a general principle we are opposed to the use of torture.<br />
Senator LUDLAM: I am very glad to hear it, Mr Richardson. Has that view been communicated to our<br />
colleagues at a ministerial or a departmental level?<br />
Mr Richardson: To who?<br />
Senator LUDLAM: Either you to your counterpart in the United States government—<br />
Mr Richardson: Why? Why would we do that?<br />
Senator LUDLAM: We are not concerned that the Trump administration is reintroducing torture as a means<br />
of intelligence gathering?<br />
Mr Richardson: He has said no such thing.<br />
Senator LUDLAM: The US commander in chief has said that they are proposing to introduce things way<br />
worse than water boarding.<br />
Senator Payne: And you would know, Senator, if you were to canvass the entirety of the remarks in that<br />
context, that the president of the United States has also indicated that the Secretary of Defence's views on this<br />
matter are ones that he has taken on board.<br />
Senator LUDLAM: That is one of the contradictions I was referring to, Mr Richardson.<br />
Mr Richardson: No, the President was very clear. During the campaign the President spoke positively about<br />
water boarding and the like. As President, what he said—and I stand to be corrected—was that personally he did<br />
not have a problem with water boarding and the like. However, he has delegated that decision-making to the<br />
Secretary of Defence who is a decorated and highly respected military officer who was opposed to it and said he<br />
would not pursue such methods. I think Trump has been very clear on it.<br />
Senator Payne: And so has Secretary Mattis.<br />
Senator LUDLAM: He has been utterly contradictory, as I think you have just identified. He said one thing<br />
before the election and now you are pointing out that he said something quite different after. It’s okay; we will<br />
move on.<br />
CHAIR: Different interpretations, Senator Ludlam.<br />
Senator LUDLAM: Certainly, it is an interpretation. Will Australia continue to use intelligence sourced from<br />
the United States under the five eyes agreement if that intelligence was obtained through torture?<br />
Mr Richardson: We do not know how the intelligence is obtained. We intelligence share with the US and it<br />
saves Australian lives. We value the intelligence that the US shares with us.<br />
Senator LUDLAM: Do we do any due diligence or will we in future, since this issue has been raised?<br />
Mr Richardson: No.<br />
Senator LUDLAM: So we do not mind whether it was obtained through torture or not?<br />
Mr Richardson: Is not a question of that.<br />
Senator LUDLAM: No, it is now.<br />
Mr Richardson: We share intelligence. We have long-standing arrangements and the national interest is<br />
served by it. And Australian lives have been saved because of it.<br />
Senator LUDLAM: Is our national interest served if we are implicated in torture as an intelligence gathering<br />
technique?<br />
Mr Richardson: Our national interest is served by the intelligence sharing arrangements we have with the<br />
United States.<br />
Senator LUDLAM: You did not answer my question.<br />
Mr Richardson: I have answered it as far as I going to.<br />
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Senator LUDLAM: Interesting. Does the Australian government support the US in its alleged proposal to<br />
bring back the use of black sites, where torture has been carried out in the past, operated by the CIA?<br />
Mr Richardson: I am simply not aware that that is the intention of the US administration.<br />
Senator LUDLAM: The New York Times obtained a draft executive order drafted by the Trump<br />
administration. I might obtain that and table it for you and then we can go into a bit more detail.<br />
Mr Richardson: I would simply note, Senator, that the administration subsequently denied—and whether it<br />
was right or I don’t know—that there was such a draft administrative order. So you are going to present an article<br />
from the New York Times which the administration has already denied. So there is nothing that I am going to be<br />
able to do with the article that you give to me.<br />
Senator LUDLAM: I won't bother, then. Secretary of State, Mr Rex Tillerson, has likened China's artificial<br />
island building to Russia's taking of Crimea. Does the government agree with his perspective?<br />
Mr Richardson: On what occasion are you quoting him, Senator.<br />
Senator LUDLAM: I think it was during his confirmation hearings, but I can double check if you like.<br />
Mr Richardson: Okay. Since then, Sean Spicer, the White House Press Secretary, has made statements. Mr<br />
Tillerson himself has made statements and Secretary of Defence General Mattis has made statements. Indeed,<br />
recently, when he was visiting Korea and Japan. I would simply leave it at that. To go back to something that the<br />
Secretary of State in answer to a question nine hours into a confirmation hearing is very selective when the<br />
Secretary of State has since said a range of other things, as has the administration, both through the White House<br />
and the Secretary of Defence.<br />
Senator LUDLAM: Are you guys having trouble establishing what US government policy is?<br />
Mr Richardson: Not at all.<br />
Senator Payne: None whatsoever. Both the Minister for Foreign Affairs and I have met with our counterparts<br />
in recent weeks. I have met with Secretary Mattis at NATO headquarters in Brussels. Foreign Minister Bishop<br />
met with Secretary Tillerson, the Vice President and the National Security Adviser in Washington last week.<br />
There is absolutely no trouble whatsoever.<br />
Senator LUDLAM: That is fascinating. President Trump has said the United States, ‘must greatly strengthen<br />
and expand its nuclear capability until such time as the world comes to its senses regarding nukes.’ I believe that<br />
quote dates to before he took office. He also said, ‘Let it be an arms race.’ Does the department or the minister, if<br />
you wish, agree with this strategy to make the world a safer place?<br />
Senator Payne: You can select as many statements of the President before, during and after the campaign<br />
process, the inauguration of whatever that might be. But I do not think it is constructive at all of us to be asked to<br />
comment on each of those and we are not going to.<br />
Senator LUDLAM: This relates directly to Australian military doctrine. Does the Australian government<br />
support a nuclear weapons build up?<br />
Senator Payne: The Australian government's position on nuclear non-proliferation and our views in relation<br />
to nuclear activities in the region, particularly recently the DPRK, are very clear. You know what they are. I am<br />
not going to sit here and engage in a statement by a statement commentary on those that you selectively choose<br />
from during a campaign, part of a campaign or anything like that.<br />
Senator LUDLAM: Is that because there is no point in putting any stock in stuff that comes out of this fella's<br />
mouth? Why we would need not be able to reflect on what our closest ally and security partners policy or changes<br />
in doctrine–<br />
Senator Payne: I will happily speak to you about government to government engagement, which we have<br />
been pursuing since the inauguration and confirmation–<br />
Senator LUDLAM: But not anything regarding the President’s weird outbursts?<br />
Senator Payne: It could take a very long time.<br />
Senator LUDLAM: That is true.<br />
Senator Payne: I know that your colleagues love you very much and are very tolerant, but I am not sure that<br />
they want to listen to all of that for as many hours as you wish to pursue it.<br />
Senator LUDLAM: I will let them speak for themselves. Although I appreciate the sentiment.<br />
Mr Richardson: With due respect, your characterisation of the Trump administration's comments are highly<br />
selective and, by any objective standard, are misleading. To pick out one statement that was made over a month<br />
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ago when there has been a range of other statements since that have been consistent and clear, and US policy is<br />
clear, is selective to say the least.<br />
Senator LUDLAM: You guys are doing an amazing job of making this fella sound sane. That was a<br />
comment, not a question.<br />
CHAIR: Thank you, Senator Ludlam. We will pause there.<br />
Senator KITCHING: Unlike Senator Ludlam, I’m not going to question what I consider the vital nature of<br />
the US Australia alliance. However, I would like to ask about the delegation that was sent to Washington on 8<br />
February. I am referencing an ABC report. I noticed Lieutenant General Campbell is in the room. CDF, can I ask,<br />
did the Lieutenant General Campbell lead that delegation?<br />
Air Chief Marshal Binskin: No.<br />
Senator KITCHING: Who led the delegation?<br />
Air Chief Marshal Binskin: It is an issue for the Department of Immigration and Border Protection. I am not<br />
sure. I think it was the secretary. But not this secretary.<br />
Senator KITCHING: No. Who made up the delegation?<br />
Air Chief Marshal Binskin: That will be a question from them. I was asked by the secretary for Lieutenant<br />
General Campbell's to be able to participate because of a personal issue of the commander of JTF-HD, the Joint<br />
Task Force for Homeland Defense, at the time. Lieutenant General Campbell had been the previous commander<br />
to JTF-HD. He had the experience and the knowledge to be able to provide one aspect of the details that were<br />
required for those meetings.<br />
Senator KITCHING: So he was making those representations. What I am really asking—<br />
Air Chief Marshal Binskin: If you just ask straight I can give you the answer.<br />
Senator KITCHING: Obviously we have a mission there. I'm wondering why our ambassador to the US,<br />
Ambassador Hockey, was not able to make those representations on Australia's behalf.<br />
Senator Payne: The government makes its own decisions about government to government representations.<br />
That is not at all surprising.<br />
Air Chief Marshal Binskin: It is not unusual for teams to go to any of the nations to talk about any of the<br />
issues. We always have delegations moving in an out of our major partner nations to talk about a variety of issues.<br />
Senator Payne: And that has worked right across government.<br />
Senator KITCHING: Have there been other ambassadors to the US who may well have been able to make<br />
those representations Ambassador Hockey, appointed by the current Prime Minister, was not able to make those<br />
representations.<br />
Air Chief Marshal Binskin: Not at all.<br />
Senator Payne: That is a completely spurious observation.<br />
Mr Richardson: As a former ambassador to Washington, I might note that delegations from Australia to the<br />
United States on matters like that is not unusual. Perhaps it does reflect on the ambassador. Perhaps I need to<br />
rethink the job I did there. But certainly, on both sides of politics, it is a very common thing to do.<br />
Senator KITCHING: There is a proposal for a movie showcasing the Australian US military relationship and<br />
it is due to air on 4 July 2018. Are you aware of that?<br />
Senator Payne: 100 Years of Mateship, yes.<br />
Senator KITCHING: So you are aware of that, Minister?<br />
Senator Payne: In the broad, yes. I am not in it!<br />
Senator KITCHING: Do you feel that Ambassador Hockey is concentrating on those types of issues rather<br />
than on serious policy issues?<br />
Senator Payne: What I feel, Senator, is that if you have questions that relate to the role of the representative<br />
of the government in Washington, they are matters for that Department of Foreign Affairs and Trade, just for<br />
starters. But secondly, I think Ambassador Hockey is doing an exceptional job in Washington.<br />
Senator KITCHING: I think Mr Richardson you said that the force posture cost sharing agreement in relation<br />
to Northern Australia was settled recently. Was that discussed at the meeting on 8 February?<br />
Senator Payne: It was settled in October last year. It is not part of the considerations of the meetings in<br />
February you have referred to.<br />
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Senator KITCHING: Thank you.<br />
CHAIR: Senator Hinch.<br />
Senator HINCH: I have a question for the minister on disposal of Defence department property. The old<br />
repatriations building at 310 St Kilda Road is up for sale. Are you aware of that and where is it at the moment?<br />
Senator Payne: I am. Could I ask the deputy secretary of the state and infrastructure group to come to the<br />
table?<br />
Senator HINCH: According to the website it says that the site is located within the Victoria Barracks foot<br />
print. It is across the road from the shrine. It was built in 1937 as a repatriations commission outpatient clinic for<br />
World War I veterans. When are you expecting the salver to go through?<br />
Mr Grzeskowiak: That is right. We have been looking at options for the disposal of this site for some while.<br />
It is built right on the edge of Victoria Barracks. The main entrance is actually off of the main road, rather than<br />
from inside the barracks. It has been disused for quite a long time.<br />
Senator HINCH: Twenty years, yes.<br />
Mr Grzeskowiak: Inside its condition is fairly derelict. We do not have a timeline for sale at the moment. A<br />
range of people have expressed interest. We are currently in discussions with some of those people, including the<br />
Victorian government. They now have an interest. So we are just allowing those discussions to move forward<br />
before we decide on the final–<br />
Senator HINCH: You say that there is no timeline, but on the sales brochure it says ‘Defence has completed<br />
its due diligence on the site. Defence anticipates divesting the site in 2017.’<br />
Mr Grzeskowiak: Yes, we would hope to be able to conclude a deal later this year. Another angle of interest<br />
has popped up that we are just running to ground at the moment. We will work through that and then go to<br />
market, if that is appropriate, following the conclusion of those.<br />
Senator HINCH: Are you aware, minister, that the Australian National Veterans Arts Museum has been in<br />
negotiations and talks with the Lord Mayor of Melbourne, Mr Doyle, with Premier Andrews and with Brendan<br />
Nelson from the War Memorial for the past three years?<br />
Senator Payne: I am aware of ANVAMs interest and engagement, yes.<br />
Senator HINCH: What prompted this sudden decision now to try and sell it, and sell it to private people? You<br />
have a real estate agent getting involved. And you are selling it privately, when there are these negotiations with a<br />
genuine group of veterans. It will help veterans who are suiciding at a terrible rate. It will help them. Surely,<br />
wouldn't you keep that negotiation going first?<br />
Mr Grzeskowiak: That is what we are currently doing. There has been another avenue to that negotiation. We<br />
are giving that time to play through to see if that can form a deal. You rightly say we have been talking to this<br />
veterans groups for some three years. They have not been able to put together a proposal that would see them<br />
being able to take over that site successfully at this time. If that were to occur, then that would obviously be a<br />
consideration.<br />
Senator HINCH: Have you looked at an off market sale?<br />
Mr Grzeskowiak: The nature of the discussions we will be having at the moment could lead to an off market<br />
sale, but there has to be a credible purchaser. Off market sales generally go to state and territory governments. So<br />
there would have to be a credible purchase agreement.<br />
Senator HINCH: For an off market sale to happen, that would have to be approved and go through the<br />
Minister for Finance, Senator Coleman, correct?<br />
Mr Grzeskowiak: That is the normal process for off market sales.<br />
Senator HINCH: Has he been approached about an off market sale?<br />
Mr Grzeskowiak: Not yet, because we have not had a proposal that would be a credible off market sale.<br />
Senator HINCH: For three years they have been talking about peppercorn rents and 99 year lease and all this<br />
sort of stuff. We talk about veterans and how important artwork is. There is a famous quote from Weary Dunlop<br />
about how important art is for veterans. And you haven't even talked to the Minister for Finance yet?<br />
Mr Grzeskowiak: There is not a proposal on the table that we could credibly take to government for<br />
proposing an off market sale at this time.<br />
Senator HINCH: Are you aware that there is a heritage listing on this property?<br />
Mr Grzeskowiak: There is.<br />
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Senator HINCH: Minister, knowing your interest in veterans’ affairs, knowing the crisis with suicides with<br />
vets and the importance of art with veterans, would you prefer an off-market sale, if it could be negotiated?<br />
Senator Payne: I am not sure you want me managing each divestment of the estate of the Department of<br />
Defence by my personal preference. I am not sure that would be a particularly rigorous approach. I am taking<br />
advice from estate and infrastructure group from the department. I know that Mr Grzeskowiak and his staff have<br />
been working closely with the proponents and with the Victorian state government to look at what the options are.<br />
As he has said, there is not yet a proposition put to government which is within the Commonwealth guidelines—<br />
how we deal with estate and spend the Commonwealth's money—that we are able to yet advance to the Minister<br />
of Finance. Knowing your interest, I would be very happy to talk about this further.<br />
Senator HINCH: One final question. It has been empty for 20 years. They are now saying you want to get it<br />
sold in 2017. Is there anything political in this? Before the election last year the federal Labor Party, the<br />
opposition, made it one of their policies to try and sell it and get it done for the veterans art group. I think they<br />
even offered $10 million towards it. Is there any connection here?<br />
Senator Payne: Not that I am aware of. In fact, I would say that in relation to all disposal matters they are<br />
done in the appropriate way according to the way the estate market operates and the way the finance guidelines<br />
require us to operate and not with any political considerations.<br />
CHAIR: Thank you. That is a good spot for us to suspend for 15 minutes for morning tea.<br />
Proceedings suspended from 10:31 to 10:45<br />
Senator MOORE: Mr Richardson, I think this is a question for you. I am following up with various<br />
departments about the role that they are playing in the government's response of the sustainable development<br />
goals. I want to know whether your department is involved in the very large inter-departmental committee that<br />
has been set up by PM&C and DFAT, which is pulling together the whole cross-government response. I want to<br />
know whether Defence is part of that.<br />
Mr Richardson: I am sorry. I do not know the answer to that. Is that domestically oriented?<br />
Senator MOORE: It is both. That is why I would have thought your department would have had a role.<br />
Mr Richardson: If it is domestically orientated, it could be that the estate and infrastructure area is involved.<br />
Senator MOORE: I am happy to put it on notice, Mr Richardson. My understanding is that they have two<br />
committees at the deputy secretary level. Particularly with the wide ranging role of Defence, that would be great.<br />
Minister, I am not sure whether this is for you. I am particularly interested in the arrangements with Sudan. I think<br />
it would be easier rather than taking up the time of the committee to ask whether I get a briefing on—<br />
Senator Payne: On our engagement in South Sudan?<br />
Senator MOORE: I am looking at DFAT as well.<br />
Senator Payne: Of course. I will arrange that.<br />
Senator MOORE: Thank you.<br />
Senator KIM CARR: If I could return to the issue of contractors and consultants. Secretary, can you provide<br />
me with some advice as to the number of engineers currently working under Future Submarines Technical Office<br />
in Adelaide?<br />
Mr Richardson: We have the general manager of submarines here. He can come to the table. He will be here<br />
in a minute.<br />
Senator KIM CARR: I will go to another question.<br />
Senator Payne: If we do not have the exact numbers with us, then we will obviously take them on notice for<br />
you.<br />
Senator KIM CARR: I accept that some of these questions do require further advice. I am not concerned<br />
about that.<br />
Senator Payne: Thank you.<br />
Senator KIM CARR: On the Serco contracts, Austender documents indicate to me that there have been 121<br />
separate contracts with Serco with the Department of Defence. Is that correct?<br />
Mr Richardson: I think Deputy Secretary Estate and Infrastructure is the person for that.<br />
Mr Grzeskowiak: From the estate and infrastructure perspective, we certainly used to have contracts with<br />
Serco Sodexo Defence Services. But when we retendered the majority of our base service contracts that were<br />
replaced two years ago, Serco Sodexo Defence Services were not successful in that process.<br />
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Senator KIM CARR: So they are no longer—<br />
Mr Grzeskowiak: In the estate space.<br />
Mr Richardson: However, there may be some within capability.<br />
Mr Gillis: Yes, Serco has had a number of contracts with my group but most of those are finishing by the<br />
middle of 2017. They are related to sustainment of Armidale class patrol boats and a number of smaller contracts.<br />
That work will finalise by the middle of this year.<br />
Senator KIM CARR: I see. My reading of it was that they had $320 million worth of contract work. Is that<br />
the sort of number—<br />
Mr Gillis: They did have a large number of contracts, but most of those will be finalising.<br />
Air Chief Marshal Binskin: There is a little bit more to the story in another part of Defence. The Vice Chief<br />
can add to the numbers.<br />
Senator KIM CARR: I appreciate that. It is very good of you. Thank you.<br />
Vice Adm. Griggs: Serco manage the retail end of our clothing stores to Defence members. I think that<br />
contract is in the order of about $30 million. That was in the list of contracts that were provided to Iraq.<br />
Senator KIM CARR: Has there been any connection that fed your concerns with Serco in regard to the use of<br />
consultants through that process?<br />
Mr Richardson: Nothing has been brought to my attention.<br />
Senator KIM CARR: I might turn to the Aurecon tenders. There are 140 contracts with Aurecon Australasia.<br />
Is that correct?<br />
Mr Gillis: I am not aware of that. We will have to take that on notice. Even within my group we sign in<br />
excess of 16,000 contracts a year. To ask for a specific company and the breakdown, a lot of these companies do<br />
work across groups and across the whole of Defence. As you have seen with Serco they are working in the VCDF<br />
area, they are working in the estate area and they are working in my area. We are happy to take that on notice and<br />
get you a whole-of-Defence response.<br />
Senator KIM CARR: The Serco one was the 121 separate contracts from January 2016. It is an extraordinary<br />
number. As you say, they are now coming to an end. Was that part of the downsizing arrangements?<br />
Vice Adm. Griggs: There were issues in regards to Serco's performance with some of the contracts we had,<br />
especially in support of the Armidale class patrol boats. So we have agreed to separate that contract and to<br />
terminate that. We will be doing that and that finishes at the middle of this year.<br />
Senator KIM CARR: What were the issues?<br />
Vice Adm. Griggs: They related to their performance. The availability and their inability to meet the KPIs for<br />
the availability of the Armidale class patrol boats.<br />
Senator KIM CARR: We will come back to that. There might be more questions later in the day.<br />
Mr Richardson: Senator, Mr Johnson is here if you want to go back to the naval architect.<br />
Senator KIM CARR: Yes, please.<br />
Mr Johnson: Defence has approximately six qualified naval architects working within the submarine group,<br />
though six architects are shared between the Future Submarine program and the Collins sustainment work. The<br />
need for naval architects and other submarine technical specialties including structural engineers and mechanical<br />
engineers is increasing as the design work for the Future Submarine program begins. A recruitment action is<br />
already underway to engage more naval architects and structural engineers. We do have a seventh person, who is<br />
an intern, but I do not think they would qualify in the context of your question. We have an intern, a recent<br />
graduate, who is working at ASC.<br />
Senator KIM CARR: So there are six naval architects. Are they all contractors or are they employed through<br />
the APS?<br />
Mr Johnson: I think technically they are contractors. They are working on behalf of the government. I can<br />
give you a more precise answer if I can take that on notice.<br />
Senator KIM CARR: Thank you. In regard to the cost of these, it has been put to me that the reported cost is<br />
about $25 million per annum. Would that be an accurate reflection of the cost?<br />
Mr Johnson: The cost for what?<br />
Senator KIM CARR: These particular contractors through the technical office.<br />
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Senator Payne: Rather than guessing at that, I think I will take it on notice.<br />
Mr Richardson: And I can certainly say it would not be $25 million for six naval architects—no way.<br />
Senator KIM CARR: I was surprised when I saw the figure, but you are saying that it cannot be right. So<br />
what is the cost and what do the costs relate to? Is it the cost for travel? What is the nature of the costs?<br />
Senator Payne: We will provide you with a detailed response on notice.<br />
Senator KIM CARR: Thank you. You will also tell me if the APS could actually employ them?<br />
Mr Johnson: Yes.<br />
Mr Richardson: As a general rule, we have headspace within Defence APS. We have allowed headspace for<br />
growth in the submarine and shipbuilding area. If there is a need for the submarine area to employ naval architects<br />
as public servants, then we can do that. We have no preference for contractors over public servants when it comes<br />
to naval architects.<br />
Senator KIM CARR: I would have thought it was a capability that the defence department could actually<br />
use. If I can return to the Aurecon contracts. I am told that there are 140 of them worth $33 million. Many of these<br />
contracts actually refer to project management. Is that the case?<br />
Mr Gillis: I will have to take that on notice.<br />
Senator KIM CARR: If you could. I would be interested in how many of the staff involved in that are<br />
Aurecon staff, departmental staff or ADF staff. What is the breakdown in terms of those arrangements? Can you<br />
provide this advice now?<br />
Mr Grzeskowiak: As Mr Gillis said earlier, Aurecon, a big engineering capable company, is used across<br />
Defence. Certainly in my world of estate and infrastructure, we use them in their capacity as an engineering<br />
management company for some of our infrastructure projects. If we are looking for a response from the<br />
department it will be a cross-departmental response.<br />
Senator KIM CARR: Are they operating out of defence department facilities?<br />
Mr Grzeskowiak: I do not actually know. That could happen from time to time. But most of the time they<br />
would be, I think, operating from their own offices or indeed on sites.<br />
Senator KIM CARR: Can you take that on notice?<br />
Mr Grzeskowiak: Yes.<br />
Senator KIM CARR: Is this work that could be done by APS personnel?<br />
Mr Grzeskowiak: In my world we very much rely on the construction industry for their skills and expertise<br />
not just for physically building sites but also for the design and project management of that work. For a long time<br />
now we have operated a highly leveraged model, highly outsourced, into the industry that we work with and we<br />
rely on their skills.<br />
Senator KIM CARR: There have been questions raised in regard to the capabilities of the department in<br />
regard to media monitoring. Secretary, there is an annual contract for media monitoring service worth $1.1<br />
million. I can give you a contract number, if you like. I will ask you questions in regard to capabilities here. It is<br />
not that there is a question about the fact that there is media monitoring. In question on notice No. 509, the<br />
department says the cost of media monitoring from 1 January 2016 to 31 October 2016 was $775,000. First of all,<br />
is there a new contract arrangement being put in place in that regard?<br />
Mr Richardson: No, there has been no new contract.<br />
Senator KIM CARR: On 6 September 2016 the department notified a new annual contract monitoring<br />
service worth $1.1 million.<br />
Mr Richardson: That was a contract extension.<br />
Senator KIM CARR: I see. That probably accounts for that. Why has there been an increase in the cost, then,<br />
if it is a contract extension?<br />
Ms McCrane: We extended the contract and the scope and services provided under that contract. We engaged<br />
more media monitoring, particularly in electronic format media, such as social media.<br />
Senator KIM CARR: I see. So there is an increased range, is there, of activities required?<br />
Ms McCrane: Yes.<br />
Senator KIM CARR: Who receives these services?<br />
Mr Richardson: Government, opposition, people across the ADF and the APS in Defence.<br />
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Senator KIM CARR: That has not changed?<br />
Mr Richardson: No.<br />
Senator KIM CARR: The policy position has not changed—it has been the same for some years now?<br />
Mr Richardson: It has. The opposition has been receiving media monitoring since approximately 1972.<br />
Senator KIM CARR: That is right. And, unlike other departments, there has not been an issue here with the<br />
defence department.<br />
Senator Payne: It was in hard copy at that stage.<br />
Senator KIM CARR: It has been a longstanding controversy in some departments, but not in this<br />
department?<br />
Mr Richardson: In fact, Senator, I take a personal interest in it because I personally did the very first one of<br />
these ever in the Australian government in the Department of Foreign Affairs. It was introduced in 1972 and it has<br />
expanded since then. I am very fond of it.<br />
CHAIR: So have the forms of media that we receive, Mr Richardson.<br />
Senator KIM CARR: Minister, how many media advisers do you have in your office?<br />
Senator Payne: Two.<br />
Senator KIM CARR: Can you provide us with advice on what levels of classification they are at?<br />
Senator Payne: I will provide that on notice, yes.<br />
Senator KIM CARR: How many media advisers does Minister Pyne have?<br />
Senator Payne: I will provide that on notice.<br />
Senator KIM CARR: Again, can you provide level and classification?<br />
Senator Payne: Yes.<br />
Senator KIM CARR: And Assistant Minister Tehan?<br />
Senator Payne: It is Minister Tehan—he is Minister for Defence Personnel.<br />
Senator KIM CARR: My apologies. Can you provide classification and levels for them?<br />
Senator Payne: Yes.<br />
Senator KIM CARR: Is it the same as they had for [inaudible] as well?<br />
Senator Payne: No, I do not believe so, but I will check that.<br />
Senator KIM CARR: Has there been any increase in the value relating to the numbers of media advisers<br />
meeting in ministerial offices?<br />
Senator Payne: Increase in the value?<br />
Senator KIM CARR: The value in the contracts.<br />
Senator Payne: They are very valuable people, if that is what you mean.<br />
Senator KIM CARR: They are—in terms of cost to service those people.<br />
Senator Payne: Not that I am aware of, Senator.<br />
Senator KIM CARR: Can we have the costs of the operations of those offices, please?<br />
Senator Payne: Yes.<br />
Senator KIM CARR: There is a question that has arisen in regard to the communications branch. I am<br />
wondering if you can tell me what the staffing levels are of the communications branch in the department.<br />
Mr Richardson: I would need to take that on notice.<br />
Senator KIM CARR: Has there been any change since 1 July?<br />
Mr Richardson: Since 1 July this year? No.<br />
Senator KIM CARR: Is it the case in this department that the communications branch is part of the executive<br />
coordination unit or are they a separate bunch?<br />
Mr Richardson: It is part of—it is a branch within Ms Crome's division, which is called Ministerial and<br />
Executive Coordination and Communication.<br />
Senator KIM CARR: Can I have the numbers, please?<br />
Mr Richardson: Sure.<br />
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Senator KIM CARR: I just want to make sure I get the right designation. In regard to the Defence media, the<br />
department has a separate unit entirely for Defence media?<br />
Mr Richardson: We have a communications branch and there are some media advisers elsewhere in the<br />
organisation.<br />
Senator KIM CARR: How many are there?<br />
Mr Richardson: I will need to take that on notice.<br />
Senator KIM CARR: Has there been any assessment of the length of time it takes to respond to a media<br />
inquiry?<br />
Mr Richardson: Yes.<br />
Senator KIM CARR: What has been the result of that inquiry?<br />
Mr Richardson: I get a weekly printout of all media inquiries which are outstanding as of that week. Most<br />
media inquiries are handled expeditiously. However, there are some which take an inordinate amount of time to<br />
answer.<br />
Senator KIM CARR: Has there been any change in the length of time it takes to respond?<br />
Mr Richardson: I think we have improved over the last 12 months, but I am quite certain you would be able<br />
to talk to some journalists who would have had pretty unsatisfactory experiences in the last few months.<br />
Senator KIM CARR: It is not unusual to have a conversation of that type with journalists. I am wondering if<br />
you have done any assessment of the claim?<br />
Mr Richardson: No. I am very conscious of it, because it was precisely because of concerns expressed by<br />
some journalists that I asked to get a weekly printout of all outstanding—<br />
Senator KIM CARR: I see—that is what led you to this thinking?<br />
Mr Richardson: Yes, that is what led to—<br />
Senator KIM CARR: And your suggestion to us is that the evidence is not there to sustain the claim?<br />
Mr Richardson: No, the performance is mixed. Most inquiries are answered expeditiously; others are not. I<br />
think our performance as a department in responding to media inquiries is mixed.<br />
Senator Payne: Similarly, I would observe and I think you might agree, Senator Carr, that most inquiries are<br />
reasonable and others are not in terms of the expectation from members of the media from time to time. Most are<br />
reasonable; some are not.<br />
Senator KIM CARR: That is often a highly subjective assessment, though, isn't it. Is there an assessment of<br />
the proportion of responses that need to be cleared by ministerial offices?<br />
Mr Richardson: Basically, the rule of thumb is that, in respect of most media inquiries, we do ensure that<br />
there is consistency with the minister's office. I think that is standard practice across any sensible government.<br />
Where the media is asking to interview an individual, I am involved in that and I always ensure that the minister's<br />
office is comfortable with that.<br />
Senator KIM CARR: Again, it is not unusual practice across governments, I would have thought.<br />
Mr Richardson: Yes.<br />
Senator KIM CARR: Has there been any—have you noticed any change in the amount of time it takes to get<br />
a clearance from ministerial offices?<br />
Mr Richardson: No, I myself have not. I think it is fair to say that the minister's office is pretty good at<br />
responding promptly.<br />
Senator KIM CARR: I want to go to this issue because there are substantive policy questions that arise from<br />
this. It is not just a question of whether or not journalists are happy with the treatment they get. It relates<br />
specifically to another aspect of the communications work and that is in regard to correspondence, which then can<br />
blow up into significant matters of public interest. Do you have a target time on the response to ministerial<br />
correspondence? In terms of responding, how long does it take? How does that work?<br />
Mr Richardson: We do. Ms Crome will respond.<br />
Ms Crome: Routine correspondence we seek to turn around within 10 business days.<br />
Senator KIM CARR: What do you regard as routine?<br />
Ms Crome: General correspondence from members of the public on routine matters. I am sorry; it is a bit<br />
vague.<br />
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Senator KIM CARR: What about non-routine? What is the benchmark there?<br />
Ms Crome: It will depend on the issue. If it is identified as urgent correspondence, we will seek to turn it<br />
around within 24 to 48 hours.<br />
Senator KIM CARR: Are you able to tell me how often you have met the targets?<br />
Ms Crome: I would have to take that one on notice.<br />
Senator KIM CARR: Is there any noticeable departure from the targets?<br />
Ms Crome: Not to my knowledge, but I would prefer to take that on notice.<br />
Senator KIM CARR: How many items of correspondence do you receive?<br />
Ms Crome: Thousands.<br />
Senator KIM CARR: I would expect would be the case. However, is there a process in place for the<br />
monitoring of correspondence in terms of determining which category a correspondence matter would fit into?<br />
Ms Crome: We work with the ministers offices in relation to correspondence and line areas across the<br />
department to help determine what categories it might sit in. Then all correspondence is captured through our<br />
electronic system.<br />
Senator KIM CARR: So there is a log. I presume a DLO talks to ministerial advisers. Is that what happens?<br />
Ms Crome: That is correct.<br />
Senator KIM CARR: You would identify that there is a problem if an item of correspondence is in the<br />
ministerial office for too long?<br />
Ms Crome: We seek to look at correspondence with the department and track responsiveness from the<br />
department's perspective. Then we work with the DLOs if we receive feedback that something might need to be<br />
addressed.<br />
Senator KIM CARR: I used to always encourage the department in my time to actually tell me if there was a<br />
bit of correspondence sitting on an adviser's desk for too long. Do you do that?<br />
Ms Crome: Yes, we will go in to the DLOs if we believe there is something that we have not seen returned to<br />
the department.<br />
Senator KIM CARR: Let us take the recent case of the dispute with the Indonesians over the training<br />
program in Western Australia. You can correct me where I am wrong. I am told that correspondence was received<br />
from a General Gatot, who, it is put to me, is a friend of Australia and known to be very friendly with Australia<br />
and who raised concerns with the minister in regard to the training program in Western Australia. Did that occur?<br />
Air Chief Marshal Binskin: No.<br />
Senator KIM CARR: It did not happen?<br />
Air Chief Marshal Binskin: No. The process that we went through to understand the issue that we had, which<br />
took a little bit of time, was initially through post in Jakarta and our defence attache talking to myself and the<br />
Chief of Army.<br />
Senator KIM CARR: So the general did not write to an Australian minister in November of last year?<br />
Air Chief Marshal Binskin: I will check, but I do not believe that Panglima, who is the Chief of Defence<br />
over there, ever wrote to the minister. He wrote to me in response to a letter I wrote to him.<br />
Senator KIM CARR: This is General Gatok.<br />
Air Chief Marshal Binskin: Nurmantyo. 'Panglima' is his Indonesian title.<br />
Senator KIM CARR: My apologies.<br />
Air Chief Marshal Binskin: No, that is all right.<br />
Senator KIM CARR: So you are saying it did not happen?<br />
Air Chief Marshal Binskin: No, he wrote to me in response to a letter I had written to him when it became<br />
apparent that we had had an issue with the language training in WA. I will get the exact dates of the<br />
correspondence, but that was the general flow. On 24 November the head of Australian Defence staff in Jakarta<br />
was advised by a commander of the Indonesian armed forces assistance for intelligence that we had had this issue<br />
that has been widely publicised. It had come to our attention just in the couple of days before that we had had an<br />
issue, so on 23 November I had written to Panglima, my counterpart. On 24 November the Chief of Army had<br />
signed a letter to his counterpart in Indonesia. On 9 December Panglima signed a letter to me acknowledging my<br />
23 November letter. Then the correspondence went backwards and forwards. There were a couple of other<br />
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correspondence—Chief of Army to his counterpart. But that was the initial correspondence trail in this. Then<br />
there were discussions through post with the Indonesian armed forces just a bit more on the cooperation and those<br />
specific areas.<br />
Senator KIM CARR: Why did it take so long to resolve this matter?<br />
Air Chief Marshal Binskin: First of all, we had to do the investigation or the inquiry, which was quite<br />
detailed in this. We had an initial idea of what the issues were, but we needed to get to the bottom of that. Then,<br />
because there were potentially affected people, there is a legal process we need to go through as well, which we<br />
kept tight. But it took a couple of weeks to get that through over the Christmas period and into the new year. It<br />
was as tight as it could be. Then we did provide updates to the Indonesians. On 16 December the Chief of Army<br />
sent an update to his Indonesian counterpart and then back on 11 January I signed a letter that provided an update<br />
to the commander of Indonesian armed forces, Panglima, on the progress as well. So we were talking to the<br />
Indonesians throughout this.<br />
Senator KIM CARR: Minister, your intervention came much later?<br />
Senator Payne: Yes, in terms of the public engagement. I think I held a small media conference in early<br />
January. It was at the end of the first week of January if I recall correctly. I communicated by letter with my<br />
colleague Minister Ryamizard. I spoke to him by telephone as well and I wrote to him again a second time. I did<br />
that, of course, in consultation and coordination and with the engagement of the senior leadership of the ADF.<br />
Senator KIM CARR: So at no point were you contacted directly by the Indonesian—<br />
Senator Payne: No, Senator. I am as sure as I can be in here, without going back to my office to check the<br />
records, that I did not directly receive a letter from the general. In fact, that would not be normal.<br />
Senator KIM CARR: And you are satisfied that the downsizing has not left you underserviced in regard to<br />
support from the department in any of these areas?<br />
Senator Payne: Yes—I have no critical observations to make in that regard. We work very closely together.<br />
The process is as the CDF has set it out.<br />
Senator KIM CARR: I will come back on that.<br />
Senator FAWCETT: Can I just ask a couple of questions on workforce. Secretary, you may be able to<br />
answer the first one. I know you made some comments on civilian workforce. This is going back again to the<br />
portfolio budget statement. There was an expectation that the workforce would stabilise at around 18,200 from<br />
2016 to 2017. I am just wondering if you could give us—if I missed that before, can you just refresh me?<br />
Mr Richardson: Yes. We have a ceiling of Defence APS of 18,200. We are currently at about 17,300. As I<br />
mentioned, we are building back to the 18,200. The reason we took it well below that is that we need a different<br />
workforce mix, particularly in shipbuilding and in cyber.<br />
Senator FAWCETT: I guess that was my next question in terms of your workforce plan—identifying the<br />
gaps where you need to grow capability or competence as you reach that 18,200. Are there any areas where you<br />
have significant gaps? Are the cyber and shipbuilding the only two or are there other areas?<br />
Mr Richardson: Under the white paper, as part of the white paper, the government outlined its plans in<br />
respect of growing the cyber and cybersecurity workforce. That is in place.<br />
Senator FAWCETT: Can I take it from that that the effort that you have talked about in previous estimates—<br />
to actually go across and essentially do a job description for each of the roles so you have a baseline of where<br />
your skills requirements are and where your skills assets are—is complete now?<br />
Mr Richardson: We have done most of that. There are still some gaps, but we have done most of it.<br />
Senator FAWCETT: On the ADF workforce, the comment in the PBS was that it was under the funded<br />
strength when the funded strength was 59,209. But now the workforce would grow to 62,400. I am just wanting to<br />
get an indication as to—it is early in that period, but are we on track to move toward that 62,400?<br />
Air Chief Marshal Binskin: I will get the exact details, but a lot of that growth is in relation to projects that<br />
come online as well and then also some growth in our cyber workforce. I can get you an update offline on that. I<br />
will take it on notice.<br />
Senator FAWCETT: I also have the same question I asked the secretary in terms of analysing where the<br />
actual skills requirement is versus an audit of where your skills capability currently sits and closing the gaps. Can<br />
we get an update on that as well?<br />
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Air Chief Marshal Binskin: Okay. You remember from the white paper that there was a reinvestment of a<br />
number as well, where we did need to reskill to move them into new areas. That obviously will take a longer<br />
period as well.<br />
Senator FAWCETT: As you well know, CDF, I am always concerned when we have good policy<br />
announcements to make sure that, in the subsequent years, things are actually followed through and delivered as<br />
opposed to everyone just moving on from those announcements.<br />
Air Chief Marshal Binskin: As am I, Senator.<br />
Senator FAWCETT: Can I move on to the Coles and Rizzo reports. I am keen to understand—I have raised<br />
this with Chief of Navy previously. I wanted to see whether we have actually closed out all recommendations that<br />
were made by Mr Rizzo.<br />
Mr Richardson: While the Chief of Navy is getting ready, the answer to the number of nations in the Global<br />
Coalition against Daesh is 68. I will not read them all out—we will be here until lunchtime. I will just provide that<br />
to the secretariat.<br />
Senator Payne: That includes the number of entities—the African Union, NATO et cetera.<br />
Senator FARRELL: You mentioned a figure of 64, was it?<br />
Senator Payne: I said the counter-ISIL ministers' meeting at its last occasion in Brussels had 35 around the<br />
table.<br />
Vice Admiral Barrett: Your question was around Rizzo. I will put some context around that if I may. It was a<br />
program that looked at restoring technical integrity and naval engineering reform following some incidents within<br />
the surface fleet some time ago. The program finished or was closed in November 2014. I asked for a review 12<br />
months later to see how we were going. There were 24 recommendations; 22 were closed at that time. There were<br />
two that remained open. One of those is to prove that we are making whole of life decisions. We made a<br />
conscious decision at that time to say that we will tie it to a new project so that we can see all elements are being<br />
done. That has been tied to the new OPV project SEA 1180. That will remain open for some time as we go<br />
through that.<br />
The second open recommendation was around resourcing to make sure that the numbers that were needed to<br />
fill those engineering positions were actually put in place. That does relate to the conversation you just had with<br />
the secretary about white paper figures and about numbers. There are places within the white paper specifically<br />
for Rizzo to be able to increase the level of engineering and technical ability with Navy, both uniform and APS.<br />
There are positions established over the next five years, increasing in number up to about 409 over the next five<br />
years. It is tied up in line with shipbuilding as well. Rizzo also asked for about four other factors that were being<br />
looked at. It was the completion and reform of the naval engineering branch. That included establishing the<br />
Defence seaworthiness regime. I would contest that that has been done. The Defence seaworthiness manual has<br />
been approved and is promulgated. It defines the system under which we will now manage seaworthiness. It<br />
required the establishment of the Naval Technical Bureau. That has been completed. That now resides within<br />
Navy but is closely aligned with CASG.<br />
I will use one example. There are actually 12 naval architects within the Naval Technical Bureau, some of<br />
which are lent to CASG, including submarine skills when required in that design side. The other piece was to<br />
establish within each of the areas and the force commands that manage particular ship fleet types. That was to<br />
reaffirm the engineering quality of advice and to ensure seaworthiness at the SPO and group level. That has been<br />
put in place. An engineering regime is in place for those and it is working. The fourth one was to establish a<br />
regime of talent management for future engineering practice. That included things like outsourcing to companies,<br />
re-establishing training at the early parts of an engineer's career but also prolonging that training through the life<br />
of engineers. That is an ongoing aspect. It is the one that I am more concerned about because, as we have<br />
discussed before, that is a cultural issue and we need to ensure that it continues to happen despite changes in<br />
postings and people.<br />
We have people outsourced at the moment to a number of companies. What I am looking for in the new<br />
shipbuilding regime that we are moving into is that we actually take all opportunities to mix our engineering and<br />
technical staff with those industries during the process of the design and build phase of the new ships to increase<br />
the breadth of engineering understanding. All of those things are desperately important in managing<br />
seaworthiness in a fleet over time. That is a summary of where we have gone with Rizzo.<br />
Senator FAWCETT: I am very glad to hear that. You said that, of the 24 recommendations, 22<br />
recommendations were essentially closed out at your 12-month review point. I notice, for example,<br />
recommendation 6 was about identifying and then rectifying ICT gaps and shortfalls across the workforce. My<br />
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experience in other parts of government is that it can take 12 months just to understand what the problem is, let<br />
alone successfully implement it. When you say it is closed out, can you provide us with some assurance that it has<br />
actually been actioned and the implemented result is achieving what was intended?<br />
Vice Admiral Barrett: It is being actioned. One of the aspects of that in the ICT was identifying those<br />
particular methods by which we will maintain configuration, management, control et cetera throughout each of<br />
the fleets. That identification of the system we will use has been made. That in and of itself sits within the<br />
department's view of where we are going with future ICT reform. But at this moment we are using programs that<br />
have been around for some time—AMS, for instance. Part of the major issue was to assure ourselves that we had<br />
populated AMS with the correct data to the full amount both in breadth and depth. That is still an ongoing issue. It<br />
was always going to be something that was going to take time. The issue for me, though, is that I was not seeking<br />
to measure success by saying that we had 100 per cent in breadth and depth. I wanted to be assured that, as a<br />
result of doing that work, I could assure seaworthiness of the platforms. So it was very much outcome focused. I<br />
am convinced that we are able to demonstrate seaworthiness outcomes even though we are still going through<br />
some of those measures within the ICT roles. But there are measures in place to continue to populate those<br />
particular IT requirements.<br />
Senator FAWCETT: I completely concur—outcome is good. I will come in a minute to some questions<br />
around sea-ready days across the various fleet units. Just on recommendation 14, for example—monitor and audit<br />
technical compliance—I am just after an indication, now that you have that system in place, of whether the results<br />
of that are what you expected. You obviously have had experience with the airworthiness system previously as<br />
you compare what DGTA finds with their audits. Are you finding that Navy is moving toward or reaching some<br />
of the benchmarks of Airforce?<br />
Vice Admiral Barrett: We are in the way that the system works in place. We set out not specifically to copy<br />
the airworthiness regime because there are differences. There were compromises that had to be made given that<br />
the management of technical integrity in the surface fleet is somewhat different from a fleet of aircraft. But part of<br />
the assurance regime included things like seaworthiness boards, raising of corrective action and the management<br />
of those corrective action reports et cetera. All of those things are in place. I am comfortable that we have taken<br />
all of the right steps. What I am seeing is again outcome based—I am seeing people making appropriate riskbased<br />
decisions given the knowledge that they now have. That does not mean that all of our ships have to be<br />
seaworthy all of the time on every occasion. But we have a better understanding of the technical integrity due to<br />
those systemic measures that we have put in place. There are a large number of corrective actions that need to be<br />
made. There are stresses on the system in place in terms of seaworthiness boards and all of the actions that come<br />
out of that. But what I see and what I have absolute confidence in and what I tell the Chief of the Defence Force is<br />
that I have an assurance that we are managing within all of the appropriate tolerances to be able to deliver the<br />
outcome. There is a benefit to doing all of this. That benefit that I see is that we have had a dramatic increase, I<br />
would say, in availability of in particular submarines, which is Coles related, but also with our other platforms at<br />
the moment. As we speak, we have about between 10 and 12 ships off the Western Australian coast performing<br />
an exercise as a task group. We have not seen that for a long time. Availability has improved and I put it down to<br />
improved engineering management.<br />
Senator FAWCETT: That is probably a very good segue. Can you give me a quick summary of what you<br />
have closed out with Coles? My understanding on availability is that late last year you actually had five of the six<br />
Collins class submarines available or deployed.<br />
Vice Adm. Barrett: If I can strip away all of the things that Coles sought to do, it was to demonstrate that we<br />
need to take a fresh look at how we conducted submarine operations at all levels as an enterprise. That is, it was<br />
not just Navy, it was not just CASG or DMO at the time and it was not just industry; it was actually an enterprise<br />
to look at all of it. He did three reports. The first one was I will not say damning, but it clearly pointed to things<br />
that we were not doing. The evidence was obvious—we were not getting submarines to sea at the levels we<br />
needed. His second report a year later, which was about two years ago now, indicated that there were<br />
improvements and we had taken on board the basics. Some of those basics were pretty simple at the end of the<br />
day. He reminded us that we own six submarines. He said that from that you should be able to provide four<br />
submarines to the fleet commander, from which he can deploy two from there. So the other two would be for<br />
training et cetera. He gave us until the middle of 2016 to demonstrate that we could achieve those sorts of<br />
measures as a benchmark. That was for availability. Following through on his measures, closing together on what<br />
was needed from an enterprise, we managed to do that—we met those targets last year in June. Indeed, it is<br />
correct that at the end of last year we had five submarines in the water, but the fleet commander had the four that<br />
were needed and we had two that had been deployed. Indeed, over the last 18 months we have met those<br />
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requirements for the fleet commander consistently. So there has been a dramatic improvement in availability of<br />
the Collins. The next benchmark that Coles was driving us towards, which he has given us until I think 2020 on,<br />
was to actually look at ensuring that we had maximised the effectiveness—that is, the cost in sustaining—and that<br />
we were spending only that which was needed to be able to provide that availability that we have achieved from<br />
last year.<br />
Senator FAWCETT: Thank you.<br />
Mr Richardson: We got Mr Coles back ourselves last year. It was not under any—it was our own initiative.<br />
Mr Coles flagged the progress that had been made as remarkable. He said the biggest risk we faced was<br />
complacency. Because of that, we intend to get him back at regular intervals.<br />
Senator REYNOLDS: I just had the pleasure of attending on behalf of the minister your birthday celebrations<br />
for the Royal Australian Navy today. I just wanted to say, on behalf of everybody here, happy 116th birthday to<br />
the Navy. It was a day of anniversaries. Not only is it your birthday but it is also the 50th anniversary of the<br />
Australian White Ensign and also the 75th anniversary of the sinking of HMAS Perth and her 300-plus<br />
complement. I just wanted to let you know that your men and women this morning did you proud. It was a<br />
beautiful commemorative service down on Anzac Parade.<br />
Senator Payne: Thank you for attending.<br />
Senator REYNOLDS: I was really delighted to. It would be remiss of me not to note that there is another<br />
service that has a birthday today. Of course, that is Army as well. That is all—thank you, Chair. I just wanted to<br />
thank you and tell you that it was wonderful.<br />
Senator Payne: Chair, it is worth noting also, as it is the 75th anniversary of the sinking of HMAS Perth, that<br />
the director of the Australian War Memorial advised me yesterday that he has arranged for the bell of HMAS<br />
Perth to be at the War Memorial to be rung at the last post in commemoration, which I think is a special<br />
observation as well.<br />
Senator REYNOLDS: There is just one more thing, Chair. CDF, thank you very much to VCDF and the staff<br />
who supported the Joint Standing Committee on Foreign Affairs and Trade subcommittee hearing on the annual<br />
report. I had really fantastic feedback from the members who attended, particularly the House of Representatives<br />
colleagues who do not get the opportunity to get into as much depth in a portfolio. We were very grateful for the<br />
briefing and the effort that went into it. Can you pass on, on behalf of all committee members, our thanks as well.<br />
Air Chief Marshal Binskin: I appreciate you acknowledging that, Senator.<br />
Senator XENOPHON: I have a line of questioning in relation to the issue of ration packs. As I understand it,<br />
there is a tender out for the ration packs for the Army. Is that correct?<br />
Major Gen. Coghlan: It is for the Australian Defence Force.<br />
Senator XENOPHON: It is not just for the Army—it is for the entire Defence Force?<br />
Air Chief Marshal Binskin: The other services have to eat too, Senator.<br />
Senator XENOPHON: I did not know whether the other services—whether there was a naval ration pack or<br />
an airforce ration pack.<br />
Air Chief Marshal Binskin: No, it is an ADF ration pack.<br />
Senator Payne: We could send some around. I know how hard you work. You are always at your desk.<br />
Senator XENOPHON: Just add water. With no disrespect to our Anzac brethren, can you tell me how we got<br />
to a point where a New Zealand company supplies the Australian Defence Force with its food for our troops on<br />
the battlefield, when they need their ration packs?<br />
Major Gen. Coghlan: The New Zealand company is the prime vendor for ration packs. They are not the<br />
exclusive source for the items that go in that ration pack. They are the organisation or company that brings<br />
together the various components of the ration pack. There can be up to 43 components in order to produce a ration<br />
pack. The prime vendor arrangement for that was created in June 2009. That significantly reduced the<br />
administrative workload for Defence. The extension on that contract has recently run out and we released a new<br />
tender for combat ration packs in September 2016, followed by an industry briefing in November. The tender<br />
closed on 28 February this year.<br />
Senator XENOPHON: Of those 43 items, can you give me an idea in broad terms how many of those were<br />
Australian? I do not need to know the ingredients, but can you tell me how much of that is Australian-made,<br />
Australian-processed food?<br />
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Major Gen. Coghlan: For an indicative one-man ration pack, 11 items or 25 per cent are Australian in origin;<br />
56 per cent are New Zealand in origin; and the remaining 19 per cent come from the United States, Vietnam or<br />
China. I can go through individual items to give you an idea of the type of product if you like.<br />
Senator XENOPHON: If you are on a roll, why not. Just give us an idea.<br />
Senator Payne: This could take a while, Senator. I can actually see the page that this is written on. Would you<br />
like to have it provided on notice?<br />
Senator XENOPHON: I might get it tabled, but just give me an idea. What is Australian?<br />
Major Gen. Coghlan: Sure. I might go from the other end—what is not Australian and New Zealand. The<br />
Chinese sourced items are very basic in nature—matches, spoons, 10 sheets of toilet paper.<br />
Senator XENOPHON: You do know that Kimberly-Clark makes toilet paper in the south-east of South<br />
Australia, don't you?<br />
CHAIR: You are interrupting, of course, and wasting time. We are up to toilet paper. Keep going.<br />
Major Gen. Coghlan: And can-openers. As far as the food items are concerned, it depends on where the<br />
contractor sources it from. The Australian food component and the New Zealand food component vary. In this<br />
particular case I can go into detail for one particular ration pack at a given point in time.<br />
Senator XENOPHON: Can you tender that? Are you in a position to tender that?<br />
Major Gen. Coghlan: I can tender it.<br />
Senator XENOPHON: If that can be tendered through you.<br />
Air Chief Marshal Binskin: You are doing take-away, are you, Senator?<br />
Senator XENOPHON: That is right.<br />
Air Chief Marshal Binskin: I was just checking.<br />
Senator XENOPHON: Air Chief Marshall, I did not know you had that sense of humour.<br />
Senator Payne: Yes, you did. We have to have a sense of humour to get through this process.<br />
Senator XENOPHON: Not during estimates. If that can be tendered—can that be tendered now?<br />
Major Gen. Coghlan: Yes. It is double-sided. I will provide you with a single-sided—<br />
Senator XENOPHON: That is fine. The new procurement rules that the Commonwealth has agreed to have<br />
come into force today. To what extent do they apply to Defence in terms of the requirement for Australian<br />
standard goods, looking at the economic impact of any purchases over $4 million? Mr Gillis, can you tell me to<br />
what extent—there will be an inquiry into procurement specifically, but will the new rules apply to any decision<br />
made by the Commonwealth in respect of the ration pack?<br />
Mr Gillis: I will ask my acting first assistant secretary for contracting and procurement, Ms Bergmann, to<br />
answer that question. She is specifically prepared for that.<br />
Senator XENOPHON: Ms Bergmann, you are familiar with the new procurement rules that come into force<br />
today?<br />
Ms Bergmann: Absolutely.<br />
Senator XENOPHON: Will they be applying to this tender? It is worth how much approximately?<br />
Major Gen. Coghlan: The last contract value was $89 million over an eight-year period. This tender closed<br />
on 28 February.<br />
Senator XENOPHON: So it is going to be over $10 million a year presumably? What will this be—in the<br />
order of at least $10 million a year presumably?<br />
Major Gen. Coghlan: Depending on the operational requirement or demand, it will vary.<br />
Senator KIM CARR: I was following that, but I did not quite hear you say that the new procurement rules<br />
apply to the contract.<br />
Senator Payne: It is not answered yet.<br />
Ms Bergmann: As you would know, the new CPRs come into effect today.<br />
Senator XENOPHON: It is a beautiful thing too.<br />
Ms Bergmann: Indeed. They do not apply to tender processes that commenced prior to 1 March.<br />
Senator XENOPHON: Is there any intent to conform with the spirit of those new tender processes—<br />
Australian made, taking into account ethical employment practices, environmental standards and the economic<br />
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impact of buying local? Minister, can you help me with that? The new procurement rules come into force today. It<br />
does not apply to this tender. Has any policy decision been made as to whether those new rules, which take into<br />
account issues of economic impact et cetera and Australian standards, will apply for this particular tender?<br />
Senator Payne: I am not advised by the Minister for Finance as to whether there is an approach across<br />
government in relation to that. I would say in relation to Defence though and in relation to any tender process that<br />
it is difficult to retrofit a tender arrangement such as the one you are discussing with Major General Coghlan,<br />
which closed in February I think you said. It is difficult to retrofit a tender process of that nature.<br />
Senator XENOPHON: We are talking about ration packs, though. It is food. Presumably that could be—<br />
Senator Payne: Are you suggesting that we should start every tender process again that is underway?<br />
Senator XENOPHON: No. You are saying that, if it was an overseas supplier that was much cheaper despite<br />
the impact it would have on jobs and investment and all of those things as well as local supply chain for<br />
Australian food manufacturers and producers, that would be ignored because it would be under the old rules?<br />
Senator Payne: I am not necessarily saying that. In fact, I suspect the most practical approach would be to<br />
take it on a case-by-case basis.<br />
Senator KIM CARR: Minister, you said that the Minister for Finance had not advised you.<br />
Senator Payne: Of whether—I understand the rules to have come into operation today.<br />
Senator KIM CARR: But there has been a notice placed on the Department of Finance website and I<br />
understood this was a matter that had been communicated to procurement officers.<br />
Senator Payne: I was responding to Senator Xenophon's question as to whether all existing tender processes<br />
should be reviewed to apply it in retrospect. That was the question I was responding to.<br />
Senator KIM CARR: I see. I am just trying to clarify. When was this tender opened?<br />
Major Gen. Coghlan: It was opened in September last year and was followed by an industry briefing in<br />
November. It closed on 28 February.<br />
Senator KIM CARR: The changes to the legislation were passed by the Senate in December. Has there been<br />
any communication with industry about those changes from the Department of Defence?<br />
Senator Payne: Broadly speaking or in relation to this particular tender?<br />
Senator KIM CARR: Let us do both—broadly and specifically.<br />
Mr Gillis: Yes, I gave a briefing to the Australian Industry Group and had a discussion with that organisation<br />
and other industry forums about those. But we have only recently received the formal guidance from the<br />
Department of Finance, so we are in a process now of promulgating that to industry organisations.<br />
Senator KIM CARR: What would the consequence be of applying the changes to this particular tender?<br />
Ms Bergmann: In relation to this, we have specifically sought guidance from the Department of Finance<br />
about the applicability of the new CPRs. They have been very clear that they apply to new procurements—new<br />
approaches to market from 1 March onwards.<br />
Senator KIM CARR: So in your assessment they have explicitly excluded applying it to this? Is that how you<br />
read that advice?<br />
Ms Bergmann: My understanding is that our obligation is to apply them to new procurement processes.<br />
Senator KIM CARR: We are talking about a different thing here. I understand that the obligation operates<br />
from 1 March given that was the nature of the amendment. The question is: what is your obligation to Australian<br />
industry? What is to preclude you from applying those provisions to this tender? What are the consequences of<br />
doing that?<br />
Ms Bergmann: It would mean we would need to reopen the tender and seek additional information. This is a<br />
tender process that has already closed.<br />
Senator KIM CARR: That is your advice—you would need to reopen it. Is that what you are saying?<br />
Mr Richardson: Yes.<br />
Senator XENOPHON: But don't all tenders contain a clause saying they can be revisited or cancelled? I<br />
negotiated in good faith with Senator Cormann, the Minister for Finance, on this and I have great regard for that<br />
process. My understanding—and I would need to look at the Hansard—was that people were given notice that the<br />
system was changing and 1 March was the date when the new rules applied. But I saw that as a transitional period<br />
so that people could get ready for that greater degree of Australian industry participation.<br />
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Mr Richardson: But the tender went out last September.<br />
Senator KIM CARR: The question I am going to is the issue of the consequence of changing the<br />
arrangements. You are saying that you have to reopen. What is the consequence of reopening the tender?<br />
Mr Richardson: It puts everything back. It delays things.<br />
Senator KIM CARR: Is the Army not going to be fed? Are the services not going to be fed? Are you running<br />
out of supplies? When is this operating from?<br />
Mr Richardson: Then do we reopen every tender that has gone out? I just—<br />
Senator KIM CARR: I am not asking for every tender—I am saying this particular one for a ration pack.<br />
Mr Richardson: If I could just make a general point. It is only a personal comment and it may be very wrong.<br />
From the Major General's comments, 81 per cent of the ration pack is Australian and New Zealand—56 per cent<br />
New Zealand and 25 per cent Australian. I would simply note, and this is only a broad comment, that our trade<br />
with New Zealand is such that, in our trade and investment, we have a particular relationship with New Zealand.<br />
If you want to cost Australian jobs you will start to limit things in respect of New Zealand. We have a trade<br />
surplus and we have an investment surplus. It is just a general comment.<br />
Senator KIM CARR: I do not think that anyone here has mentioned New Zealand, Mr Secretary. That has<br />
not been an issue. The question is about the definitions under the CPRs and all of that. We understand that. The<br />
question is about reopening this particular tender. You are saying that it would be too costly and too disruptive. Is<br />
that the proposition you are putting to us?<br />
Mr Richardson: That is right. Yes, that is what we are saying.<br />
Senator XENOPHON: I have been advised that these rules are WTO compliant and they have been checked<br />
by the Department of Finance's lawyers. So there is no question that they would breach any trade agreements that<br />
we have with any of our trading partners.<br />
Mr Richardson: I am not suggesting that. I am just simply making a broad point in respect of our relationship<br />
with New Zealand and the fact that the ration packs are 56 per cent New Zealand and 25 per cent Australian. It is<br />
in the spirit of Anzac.<br />
Senator LUDLAM: I am not sure who is most going to feel willing to take this on. I am presuming everyone<br />
at the table has seen the Iraq dossier released to Fairfax under FOI a couple of days ago, the details of which were<br />
published on the weekend. Why was that report shelved or buried or—you can choose a word to your liking.<br />
Air Chief Marshal Binskin: It was not buried.<br />
Senator LUDLAM: Why did it have to be extracted under FOI? Maybe I will use less emotive language.<br />
Why did it have to be sought and fought for over a period of several months?<br />
Air Chief Marshal Binskin: The document was commissioned by Army to get a working level view of and<br />
lessons learned from the Iraq war. It delved deeper than that with a working level view. In its classification it<br />
became evident as we went through the research that it would be unsuitable to be published, as a part of its<br />
original intent was as a campaign booklet that Army were looking to do. While the document from Dr Palazzo<br />
rightly addresses the challenges, disagreements and difficult decisions that were a part of any operation, it was<br />
unofficial. It was at the working level. The views were expressed as opinions from the author. It would not have<br />
the academic rigour that you would put into an official history that you would then go out and publish, nor would<br />
it have access to all of the information that was required to do a full history and analysis, which it sort of started to<br />
delve into.<br />
Senator LUDLAM: I take it you are very familiar with it. Have you read the whole unredacted document?<br />
Air Chief Marshal Binskin: I have not read the unredacted version. I have read the redacted version. The<br />
Chief of Army has been across the unredacted version.<br />
Senator LUDLAM: The central finding, which I suppose is certainly the one that has garnered the most<br />
media attention, is—and I will just quote from page 151: 'Australia joined the Coalition against Iraq in order to<br />
improve its relations with the United States'. Through conversations with more than 75 military figures, current<br />
and retired, and full access to classified material he effectively dismantled the case that there were any other<br />
strategic objectives served by our participation in that invasion. That is his central finding or it is certainly the one<br />
that—<br />
Air Chief Marshal Binskin: It is his opinion.<br />
Senator LUDLAM: Yes, it is his opinion. What is your view?<br />
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Air Chief Marshal Binskin: I do not know if he had access to cabinet documents. He did not. So I do not<br />
think he is in a position to make a full assessment, to be quite honest. I think you will find that, canvassing most<br />
of the people he canvassed, that was a working level view without full access to what the government<br />
consideration of the day was looking back 13 or 14 years.<br />
Senator LUDLAM: Because there has never been a full public inquiry into the decision making behind the<br />
invasion of Iraq, this is the best we have had to work with so far.<br />
Air Chief Marshal Binskin: I do not think it fully covers all of the aspects, so I would not take some of the<br />
lessons that you might be trying to take out of it.<br />
Senator LUDLAM: He does not have access to cabinet documents and I do not think he claimed to do so. So<br />
there is a political story there, I guess, that he does not have access to them.<br />
Air Chief Marshal Binskin: It is not a political story. That was not the intent of the review that he was doing.<br />
The review he was doing was at the tactical level and lessons learned for that level of Army that they could put<br />
into place in the future, because we always do lessons learned. It was his decision to then delve more broadly than<br />
that. Unfortunately, he did not have access to all of the information required to do that.<br />
Senator LUDLAM: The lessons that he was learning from those on the ground at a working level, as you put<br />
it, were that our participation was largely pointless and entirely political. Does that concern you? Is that a decent<br />
enough reason to put your personnel into harm's way?<br />
Air Chief Marshal Binskin: I think you are going into a generalisation there.<br />
Senator LUDLAM: He is actually quite specific in the document.<br />
Air Chief Marshal Binskin: That is his opinion.<br />
Senator LUDLAM: Does it concern you that personnel in your care or in your predecessor's care were put<br />
very much into harm's way for what are essentially political rather than military or tactical or strategic objectives?<br />
Air Chief Marshal Binskin: Again, it is his opinion. We operate in accordance with what the government's<br />
strategic intent is on the day.<br />
Senator LUDLAM: What strategic objectives did Australia achieve through its involvement in that war?<br />
Air Chief Marshal Binskin: I think if we go back into that we could be here all day. I am happy to take all of<br />
that on notice and provide those details to you.<br />
Senator LUDLAM: Okay. If you are taking matters on notice, can you tell us what the total spend of<br />
Australian military operations in the Iraq War from 2003 to 2010 was?<br />
Air Chief Marshal Binskin: We can do that. We can give you a list.<br />
Senator LUDLAM: And the total number of casualties on all sides of that conflict.<br />
Air Chief Marshal Binskin: On all sides?<br />
Senator LUDLAM: Yes.<br />
Air Chief Marshal Binskin: We will take that on notice.<br />
Senator LUDLAM: I would greatly appreciate that. Do you dispute that central finding that Australia joined<br />
the war solely to strengthen Australia's alliance with the United States?<br />
Air Chief Marshal Binskin: Again, I was not privy to the government consideration of the day. But, given<br />
the general knowledge that I did have, I would dispute that that was the only reason we went into that. There were<br />
far broader concerns about what was happening in the region leading up to that and around that time. It is all<br />
widely known. It is all public access information if you care to go and read it.<br />
Senator LUDLAM: I have read a fair bit of that material. My view before having come across this dossier<br />
was that our objectives were political and not at all as described by the Howard government at the time. This<br />
appears to back those contentions up.<br />
Air Chief Marshal Binskin: You will have to go back and talk to the prime minister of the day.<br />
Senator LUDLAM: We will see if we can get him in front of an inquiry then. President Trump has said that<br />
he is seeking to increase US defence spending by $70 billion—that is in Australian dollars—or about nine per<br />
cent. This is since his inauguration. He has proposed one of the greatest military build-ups in American history. I<br />
understand that Australia and other allies—Japan, South Korea et cetera—have been under some public pressure<br />
in recent months to increase our defence spending. Maybe this is best directed to you, Senator Payne. What<br />
discussions or correspondence has the Australian government entered into regarding Australia's defence budget<br />
since the turnover in the US administration?<br />
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Air Chief Marshal Binskin: I think before the minister and the secretary get a chance to talk about that, the<br />
reference point that the US administration incoming president was using was a NATO standard of aiming for two<br />
per cent of GDP. Any reference that we would have on being able to answer that would be what our current<br />
percentage of GDP is and what the goals of the white paper are.<br />
Senator LUDLAM: The goals of the white paper are to reach two per cent.<br />
Air Chief Marshal Binskin: So we are actually at the point where I would think the US administration would<br />
come from.<br />
Senator LUDLAM: That arbitrary settling of a target of two per cent of GDP has been criticised from within<br />
and outside of the Defence establishment because it is utterly arbitrary. Shouldn't we be deciding what capability<br />
we want and then figuring out how much it costs rather than just setting a completely artificial benchmark?<br />
Air Chief Marshal Binskin: It is iterative. You work along the capabilities that you would require, what the<br />
strategy would require us to fund and what is affordable and then you would be able to set the targets in that<br />
space.<br />
Senator LUDLAM: And that number magically arrives at two per cent for Australia and every—<br />
Air Chief Marshal Binskin: It did not—not 2.0 per cent. It is a goal that is a common reference around the<br />
world for what is an appropriate amount of spend.<br />
Senator LUDLAM: For countries with totally different strategic circumstances to Australia, it magically<br />
arrives at two per cent?<br />
Senator Payne: I do not think you can expect any of us to comment on the matter for other countries. But<br />
clearly what we have set out as a government in the defence white paper and in the Integrated Investment<br />
Program, which is underpinned by that, is a capability development program—and support to the key enablers,<br />
for example, of defence that literally make it work every day—that is targeted, carefully planned and based on a<br />
full structural review which preceded the development of the white paper and the Integrated Investment Program.<br />
As that Integrated Investment Program and the spend associated with that tracks, we are able to indicate that<br />
Australia will reach about two per cent of GDP spend on defence in the year 2021. That is something which I and<br />
the Prime Minister have spoken about regularly in the public environment. In terms of the observations of the<br />
United States, it is true to say that Secretary Mattis, in discussions with his NATO colleagues in Brussels at their<br />
most recent meeting, raised this with them. Australia was not and is not part of that discussion. As regards any<br />
correspondence or engagement, I most certainly very strongly advised Secretary Mattis of where we were, what<br />
our plan was, what our Defence white paper set out and what our Integrated Investment Program set out. I<br />
indicated to him that that would achieve a spend of two per cent of GDP by 2021. But, more importantly, it would<br />
satisfy Australia's capability needs across Airforce, Navy, Army and the Defence organisation and the things that<br />
it needs to do to properly address capability and serve the nation entirely appropriately.<br />
Senator LUDLAM: Thank you for that. I was not expecting you to go into details of that conversation. But,<br />
since you have, did the secretary—<br />
Senator Payne: It is a public statement.<br />
Senator LUDLAM: Did the Secretary of Defense invite Australia to make a greater contribution either in<br />
procurement or in military commitments around the world?<br />
Senator Payne: No, not at this point. I have also said that publicly.<br />
Senator LUDLAM: That is okay. That is what you said publicly a few days ago. It is worth bringing it up just<br />
to see if there are any updates. Are you expecting a request for a greater commitment of ADF resources or<br />
personnel?<br />
Senator Payne: There is a new administration, a new Secretary of Defense, new secretaries of the services<br />
and a new National Security Adviser. I would expect any responsible administration to review their strategic<br />
commitments, as any new government would in Australia. What flows from that we will wait to see.<br />
Senator LUDLAM: Is any contingency planning underway for a greater commitment of Australian personnel<br />
or resources to anywhere in particular overseas?<br />
Senator Payne: We are constantly reviewing our commitment. It is not caused by or as a result of changes in<br />
the US administration or, for that matter, any of our other allies or partners. We are constantly reviewing our<br />
commitments. Government is regularly informed of and advised by the Chief of the Defence Force and the<br />
secretary of the department in relation to those matters, as you would expect and as should be the case. As I said,<br />
we will wait to see what comes from any review that the United States makes in relation to its strategic<br />
commitments.<br />
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Senator LUDLAM: So there is nothing new—no studies, no contingency planning and no scenario planning<br />
is underway within either the ministry or the ADF as a consequence of a change of administration in the US?<br />
Senator Payne: You are repeating yourself. And, to repeat myself, I am saying that we are always planning,<br />
looking at different scenarios and reviewing our commitments because the international situation is a very<br />
dynamic one, as you would appreciate. We have thousands of Australian men and women serving our nation in<br />
international arenas at the moment in harm's way. That is a very dynamic environment. It is something we deal<br />
with on a daily basis.<br />
Senator LUDLAM: Given that a large number of Australian personnel are serving side by side with Muslim<br />
allies in the region, have you had to evaluate any changes in the security environment resulting in, for example,<br />
concepts like a Muslim ban or the escalation of racist or white supremacist rhetoric from US administration<br />
figures that could in fact impinge on the safety of Australian personnel serving side by side with people?<br />
Mr Richardson: No.<br />
Senator LUDLAM: Is that not something that you thought might be worth evaluating?<br />
Mr Richardson: I personally think it would not be.<br />
Senator LUDLAM: Really?<br />
Mr Richardson: I think your colouration of all of that would not be worth an evaluation by us.<br />
Senator LUDLAM: Before he was president and when he was a candidate, Donald Trump proposed a<br />
Muslim ban. Now he is the President of the United States and they are busy trying to legislate for one or create<br />
one through executive order—<br />
Mr Richardson: I am not aware of him trying to legislate for one.<br />
Senator LUDLAM: No—it was an executive order. I corrected myself.<br />
Mr Richardson: I am aware that he had a presidential directive and I am aware that the courts made certain<br />
decisions on that. I am aware that there is now speculation that the administration might bring forward another<br />
presidential directive.<br />
Senator LUDLAM: I understand that. My question, to be direct—and the might be answer is no; you were<br />
pretty clear just now and that is fine—is whether you believe that the escalation in rhetorical hostility to Muslims<br />
by the Trump administration places an extra burden of risk on Australian personnel serving side by side in<br />
predominantly Islamic countries with allies in those regions.<br />
Mr Richardson: My own personal view is no.<br />
Senator LUDLAM: And that is reflected in policy.<br />
Mr Richardson: There are wider issues than that, which I will not comment on.<br />
Senator LUDLAM: Why would you not comment on wider issues?<br />
Mr Richardson: Because I am not going to.<br />
Senator LUDLAM: That is a ridiculous answer.<br />
Senator Payne: You did actually ask Mr Richardson what he believed, so he has given you an entirely<br />
appropriate answer.<br />
Air Chief Marshal Binskin: The countries we work with over there are pretty sophisticated countries. They<br />
understand the difference between Australia and the United States and our views and their views, whatever may<br />
be spoken or not.<br />
Senator LUDLAM: Where there is an extension of US foreign policy, I think they probably do recognise that<br />
we are part of US alliances and that is the sole reason we are there.<br />
Air Chief Marshal Binskin: No—<br />
Senator Payne: That is entirely incorrect. Australia makes its own judgments and assesses the case for<br />
engagement on its own merits, not, as you might spuriously claim, as an extension of US foreign policy.<br />
Senator LUDLAM: I do not think anybody outside of this room believes that.<br />
CHAIR: We might just leave it at that if we can.<br />
Senator Payne: Perhaps not in your party, Senator, but then I cannot speak for that organisation.<br />
Senator FARRELL: Secretary, Minister Pyne recently said that you had advised him that we need<br />
supplementary power generation at Osborne. Mr Gillis, before the minister made that statement, were you aware<br />
that there were power problems down at Osborne?<br />
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Mr Gillis: Yes, I had read the newspapers about the power issues and outages in South Australia.<br />
Senator FARRELL: You then investigated the issue at Osborne, did you?<br />
Mr Gillis: No, we had already previously commissioned OMT—Odense Maritime Technology—to look at<br />
the shipyard infrastructure design, a part of which was the power requirements.<br />
Senator FARRELL: When was that commissioned?<br />
Mr Richardson: They did some work late last year and they were commissioned in early December to do<br />
this.<br />
Mr Gillis: But they had previously been working with us for up to six months doing a range of other different<br />
options. The specific tender or contract was in December to do this work. They are due to report back their<br />
preliminary findings on 13 March.<br />
Senator FARRELL: Is that 13 March this year?<br />
Mr Gillis: Yes.<br />
Senator FARRELL: So you commissioned this. What were they looking at? What was the nature of their<br />
commission?<br />
Mr Gillis: The task was to actually look at the existing infrastructure, which they had been doing in the<br />
previous six months at Osborne, then they were to look at what were the infrastructure requirements to achieve a<br />
continuous build of frigates in ASC South, as it is known, and what are the requirements for the facilities, what<br />
are the land requirements and how do we optimise shipbuilding in that location to enable continuous building at<br />
the lowest possible cost.<br />
Senator FARRELL: So this was quite a general investigation into Osborne's capacity?<br />
Mr Gillis: There was a specific requirement to actually redesign a shipyard and to work with local South<br />
Australian companies and naval architecture firms to actually build a new infrastructure for South Australia.<br />
Senator FARRELL: Was one of the issues that they were looking at supplementary power generation at<br />
Osborne?<br />
Mr Gillis: A part of their design was to look at all of the infrastructure, a part of which is the power<br />
requirements.<br />
Senator FARRELL: Was that specifically mentioned in the tender?<br />
Mr Gillis: I would have to take that on notice.<br />
Mr Richardson: Power requirements certainly were. I recall that.<br />
Senator FARRELL: In particular a supplementary power source?<br />
Mr Richardson: I do not know the answer to that.<br />
Mr Gillis: ASC already has an existing supplementary power requirement. They already have power at that<br />
site. This would be looking at what would be the future requirements.<br />
Senator FARRELL: That is correct, isn't it. They have a critical systems backup, don't they?<br />
Mr Gillis: Yes, and a part of that function would be to assess if that is going to be suitable for the size of<br />
infrastructure and the size of the work that we would be actually undertaking under the continuous build of<br />
frigates.<br />
Senator FARRELL: Just going back to what you said—that it already has a supplementary power source—<br />
has there been any suggestion that there have been problems with that supplementary power source?<br />
Mr Gillis: Not that I am aware of.<br />
Senator FARRELL: In a blackout period, has that swung in to do the job that it is meant to do?<br />
Mr Gillis: You would have to ask ASC. I am not aware of that level of detail.<br />
Senator FARRELL: But ASC have not mentioned to you that they have had any problem with their power<br />
source?<br />
Mr Gillis: That would be one of my ship's commodores who would have that direct relationship with them.<br />
Senator FARRELL: But nobody has mentioned to you that there has been a problem with power source at<br />
Osborne?<br />
Mr Gillis: Not directly to me, but that may have happened. I am not aware of it.<br />
Senator FARRELL: Could you make an inquiry?<br />
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Mr Gillis: Yes, Senator.<br />
Senator FARRELL: Thank you. When did the minister request the department to provide information about<br />
the Osborne power source?<br />
Mr Gillis: On 8 February.<br />
Senator FARRELL: So the same day that the question was asked was the day he requested the information?<br />
Mr Gillis: The request came in from his office on 8 February.<br />
Senator FARRELL: What time on 8 February?<br />
Mr Gillis: It came in to my office at 12.00. But I had received a phone call from the staffers earlier than that<br />
day with a similar request.<br />
Senator FARRELL: So at no time prior to 8 February had Minister Pyne made any request about information<br />
regarding the power source at Osborne?<br />
Mr Gillis: No, Minister Pyne—I had actually had a number of conversations with him about his concerns<br />
about the power in South Australia and he had asked me prior to that about whether OMT—or I indicated that the<br />
OMT work was looking at the power, because he had obviously indicated his concerns about the power issues in<br />
South Australia.<br />
Senator FARRELL: When did he first raise the issue?<br />
Mr Gillis: I am not aware. It would have just been a conversation. I do not have a record of it.<br />
Senator FARRELL: I thought you said he raised it with you on the 8th.<br />
Mr Gillis: That was when I received a formal request from his office. I do have a recollection of a<br />
conversation with him prior to that, but I am not sure exactly what that day—it was just a conversation where he<br />
did mention his concerns about power in South Australia.<br />
Senator FARRELL: What was your response to him?<br />
Mr Gillis: I indicated that that was part of the OMT studies.<br />
Senator FARRELL: The official request came in on 8 February?<br />
Mr Gillis: Correct.<br />
Senator FARRELL: Did you respond the same day?<br />
Mr Gillis: Yes. I did not actually respond; one of my staff responded.<br />
Senator FARRELL: Yes, I appreciate that. What was the form of that advice?<br />
Mr Gillis: It was an email.<br />
Senator FARRELL: Before you gave the minister some advice, did you contact ASC about their power<br />
issues if there were any?<br />
Mr Gillis: Personally not, but I know that I have a number of naval commodores who work very closely with<br />
ASC who would have had those sorts of discussions. But I am not aware of those specifics.<br />
Senator FARRELL: They would have had those discussions on 8 February?<br />
Mr Gillis: The response came back from one of my navy commodores. I do not know whether he actually had<br />
a discussion with ASC directly on that date.<br />
Senator FARRELL: So the request comes in from the minister. What was the specific question that the<br />
minister was asking?<br />
Mr Gillis: I actually do not have that specific question. I have the response.<br />
Senator FARRELL: Are you able to get that question for us?<br />
Mr Gillis: I can take that on notice.<br />
Senator FARRELL: Thank you. What was your specific response?<br />
Mr Gillis: I did not provide a response—one of my staff replied. But I do have that response.<br />
Senator FARRELL: What was it?<br />
Mr Gillis: It was 'Defence is still developing the detailed infrastructure design, so it is not possible to provide<br />
a definitive answer at this time. However, Defence does expect to require a range of services, including power<br />
and other utilities, on a reliable, continuous basis as an underpinning enabler of delivery against government<br />
continuous naval shipbuilding requirements. Defence is aware that South Australia has experienced some widely<br />
reported power outages in recent months, including outages of several days. Defence is also aware that current<br />
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ASC ship and submarine yards at Osborne do have their own backup power supplies to help them cater for such<br />
outages. Defence is yet to formally assess the extent to which current ASC owned backup power arrangements<br />
might contribute to the future continuous naval shipbuilding needs but holds an expectation that existing<br />
emergency generators will not be sufficient to meet continuous naval shipbuilding needs and will need to be<br />
supplemented or even potentially replaced. Having not completed the design work or tested the market, Defence<br />
is only able to offer a very rough ballpark of cost estimates'. The estimates provided were between $10 and $20<br />
million for acquisition and installation plus ongoing operation and maintenance costs thereafter. But I am also<br />
aware that the minister's staff had sought independent engineering estimates that provided them with the $20<br />
million estimate. I think that is why the minister used the $20 million.<br />
Senator FARRELL: You have not had your report that you have commissioned, have you?<br />
Mr Gillis: No. We expect to receive that from OMC on 13 March. Between now and 13 March all three of the<br />
frigate designers will be consulted with that preliminary design to ensure that the preliminary design meets all<br />
three of the potential frigate designs so that those facilities are optimised. The other issue we have to assess is the<br />
fact that the future frigate is a continuous build. Those facilities need to be designed for potentially 50 years of<br />
use. Therefore, it is a much broader requirement other than just the need for that specific first class of frigate. We<br />
need to look at what the broader requirements are for frigate building, replacement of the air warfare destroyers et<br />
cetera out to 50 years. So it is a much broader task.<br />
Senator FARRELL: I understand what the objective of your inquiry relates to, but it is not really fair to say,<br />
based on your response, that you said to the minister on the 8th that we need to build our own supplementary<br />
power generation, is it? That is not a fair assessment of what you have just read out to me there.<br />
Mr Gillis: No, I have indicated that we believe there may be a requirement for additional supplementary, that<br />
that ballpark was around $10 million to $20 million and that we had noted the outages in South Australia.<br />
Senator FARRELL: But there is quite a difference, wouldn't you agree, from what the minister said. I will<br />
read it out. You have not advised him that we need to build our own supplementary power. Your advice was that<br />
we may need to do that, but we have an assessment going on on that very issue right at the moment. Really, what<br />
I am saying to you is that there is a difference between what you actually advised the minister and what the<br />
minister claimed that the department had advised him.<br />
Mr Gillis: I will go back to the statement: 'holds an expectation that existing generators will not be sufficient<br />
to meet continuous naval shipbuilding needs and will need to be supplemented or even potentially replaced'. We<br />
do hold that position.<br />
CHAIR: The answers are blowing in the wind, Senator Farrell. But I will desist from that.<br />
Senator Payne: You are showing your age, Senator.<br />
CHAIR: It is my bias, Minister.<br />
Senator KIM CARR: Can I return to this question of the contracts—specifically matters relating to the IT<br />
contract and Abacus. Have I mentioned them before?<br />
Mr Richardson: No. We will get the ICT—<br />
Senator KIM CARR: Abacus Innovations Australia. I understand there was a contract issued for $549<br />
million in Defence in September 2016 for IT services. Is that correct?<br />
Dr Lawrence: I can tell you what has happened. Abacus is the holding name of the new entity that Lockheed<br />
Martin formed when they sold their organisation to Leidos. We just transferred the original contract, which was in<br />
the order of that value, into the new holding name.<br />
Senator KIM CARR: What does the contract cover?<br />
Dr Lawrence: All of our core infrastructure—computing, storage—<br />
Senator KIM CARR: For the whole department or the ADF?<br />
Dr Lawrence: The vast majority of it, yes.<br />
Senator KIM CARR: Why was it necessary to outsource that work?<br />
Dr Lawrence: That was a strategic decision taken in about 2011 to outsource a number of functions, including<br />
that, to industry.<br />
Senator KIM CARR: So it was a policy decision, was it?<br />
Dr Lawrence: That was the strategy at that point in time, yes.<br />
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Senator KIM CARR: Could it be delivered in-house? Not now, since you have downsized the department so<br />
much.<br />
Dr Lawrence: No, correct.<br />
Senator KIM CARR: How many jobs in Australia will it support?<br />
Dr Lawrence: In terms of how many Leidos have within their operation?<br />
Senator KIM CARR: Yes.<br />
Dr Lawrence: Much as the secretary explained earlier, within our service provision contracts we contract for<br />
a service. Leidos resource their contract to meet the service levels we require.<br />
Senator KIM CARR: So how many, do you know?<br />
Senator Payne: We can find out for you.<br />
Dr Lawrence: We can get a more accurate number.<br />
Senator KIM CARR: I would be interested to know how many are employed by Leidos onshore and how<br />
many offshore.<br />
Dr Lawrence: Yes, we can certainly help with that.<br />
Senator KIM CARR: You are saying, though, that the department cannot undertake that work now?<br />
Dr Lawrence: We would no longer have the skills to do that.<br />
Senator MOORE: But you used to.<br />
Senator KIM CARR: Are you able to tell me what areas of skill were identified through this contract which<br />
are crucial to the maintenance of this service?<br />
Dr Lawrence: I am sorry—can you clarify?<br />
Senator KIM CARR: What categories of people do you actually need to run a service of this type?<br />
Dr Lawrence: A lot of the people we need are the deep, technical system engineering, database administrators<br />
et cetera to run services of that nature.<br />
Senator KIM CARR: I presume you will be able to identify key personnel that are required?<br />
Dr Lawrence: In terms of on the contractor side?<br />
Senator KIM CARR: Yes.<br />
Dr Lawrence: Yes.<br />
Senator KIM CARR: Can you tell me what they are or who they are?<br />
Dr Lawrence: In terms of names or in terms of—<br />
Senator KIM CARR: Yes. I would seek that information on notice.<br />
Dr Lawrence: I will take that on notice and see what we can provide.<br />
Senator KIM CARR: I would expect that for a contract of this size for a department of this size and for the<br />
ADF as well—I understand you are saying it is not just the department; it is the ADF as well—there are<br />
considerable overlays in terms of personnel between the department and ADF and the contractor?<br />
Dr Lawrence: We work closely with Leidos to ensure they meet the service levels we need to support what<br />
we are doing in an operational sense and a business sense.<br />
Senator KIM CARR: What are the conflict of interest provisions that are developed in regard to a contract of<br />
this type?<br />
Dr Lawrence: It would have the normal protections you see in contracts.<br />
Senator KIM CARR: There are no special requirements?<br />
Dr Lawrence: No, not in particular.<br />
Senator KIM CARR: Do those conflict of interest provisions provide for contacts between ministerial offices<br />
and the contractor?<br />
Dr Lawrence: All contractors are at liberty I think at times to contact ministerial offices as part of their<br />
normal course of business.<br />
Senator KIM CARR: And the provisions for the conflict of interest arrangements do cover ministerial offices<br />
as well?<br />
Dr Lawrence: I do not have that detailed knowledge.<br />
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Senator KIM CARR: Secretary, would you be able to assist me on that?<br />
Mr Richardson: If it was not covered by the contract, no.<br />
Senator KIM CARR: Does the department monitor those contacts?<br />
Mr Richardson: No.<br />
Senator KIM CARR: You would not be aware of them?<br />
Mr Richardson: Maybe; maybe not. I have never worked for a government where a department has<br />
monitored what a minister's office does or does not do in that sense.<br />
Senator KIM CARR: You are aware, though, of the departmental staff that move between the department<br />
and the contractor?<br />
Dr Lawrence: Yes, a number of departmental staff did move to the contractor as part of the outsourcing deal.<br />
Senator KIM CARR: Was this the sort of concern that you mentioned before, Mr Secretary?<br />
Mr Richardson: No, this is a service provider—it is quite different. The potential conflicts of interest that I<br />
see sit above this.<br />
Senator KIM CARR: Have there been any ministerial staff that have moved between the ministerial office<br />
and the contractor since the contract was awarded?<br />
Dr Lawrence: I am afraid I cannot answer that. Not that I am aware of.<br />
Senator KIM CARR: I am thinking here of Mr Jack Walker. Does the name sound familiar to you?<br />
Mr Richardson: We simply would not know the answer to that.<br />
Senator KIM CARR: Minister, would you be aware of Mr Jack Walker?<br />
Senator Payne: I know who Mr Walker is.<br />
Senator KIM CARR: Is he one of the 'budgie 9' that came to such public prominence in Malaysia recently?<br />
Senator Payne: I would not describe him in that way, but I know who you are referring to.<br />
Senator KIM CARR: How would you describe him then?<br />
Senator Payne: As Mr Jack Walker.<br />
Senator KIM CARR: He did formerly work for the minister, your colleague Mr Pyne?<br />
Senator Payne: I believe so—or I know so. Yes. I am not aware of any of his current activities.<br />
Senator KIM CARR: What interests me here is that we have a contract awarded for half a billion dollars.<br />
Was it in September last year?<br />
Mr Richardson: No.<br />
Dr Lawrence: I have to get my dates right—<br />
Senator KIM CARR: What date was that?<br />
Dr Lawrence: I signed the contract in 2014.<br />
Senator KIM CARR: What was the contract that was awarded in September?<br />
Mr Richardson: The contract was awarded to Lockheed Martin. Lockheed Martin sold that arm of their<br />
business. So what you see in September of last year is simply the transfer from Lockheed Martin to—<br />
Dr Lawrence: The holding company.<br />
Mr Richardson: the company that they sold that arm of their business to.<br />
Senator KIM CARR: I have a contract number here. It is CN3377790. It was a contract period from 7<br />
September 2016 to 2 September 2022.<br />
Dr Lawrence: That was the remaining term of that contract. The original contract I signed in 2014 with<br />
Lockheed Martin Australia. Lockheed Martin Australia sold their ICT business to a company called Leidos.<br />
Leidos incorporated themselves in Australia as Abacus Holdings.<br />
Senator KIM CARR: The date of this current contract—was it renewed?<br />
Dr Lawrence: That would have been the date on which we transferred one contract into the other contract<br />
vehicle.<br />
Senator Payne: That is normal business, Senator.<br />
Senator KIM CARR: And the value of the contract was $549,016—<br />
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Dr Lawrence: It was $549 million.<br />
Senator KIM CARR: Of course—million. How could I get that confused. It was $549 million. It was<br />
transferred on 7 September to the new entity.<br />
Dr Lawrence: Yes.<br />
Senator Payne: Which is normal business.<br />
Senator KIM CARR: It was a central processing procurement open tender. In October Mr Jack Walker was<br />
employed by the company out of the ministerial office.<br />
Mr Richardson: Can I say that any suggestion of impropriety there and connection I would really have to<br />
take exception to. I would simply point out that this contract was entered into with Lockheed Martin in 2014.<br />
Lockheed Martin sold that arm of their business, as I said. It transferred across. Who they subsequently employed<br />
or did not—<br />
Senator KIM CARR: It was nothing to do with the department?<br />
Mr Richardson: First, it was nothing to do with us. Secondly, any suggestion of a connection between the<br />
employment of Mr Walker subsequently and the transfer of this contract I would have to—<br />
Senator KIM CARR: There is no connection? It is just a coincidence that the minister's staffer who has been<br />
the subject of a matter of public controversy is picked up by this contractor in October 2016?<br />
Mr Richardson: I wouldn't have a clue.<br />
Senator KIM CARR: It is nothing to do with the department. Minister, are you able to advise what role<br />
Minister Pyne had in the employment of Mr Walker by this contractor?<br />
Senator Payne: None that I am aware of.<br />
Senator KIM CARR: So no references were written?<br />
Senator Payne: None that I am aware of.<br />
Senator KIM CARR: I ask the question of you. Are you able to make yourself aware of these matters—<br />
whether or not there had been any contact—<br />
Senator Payne: I can certainly take your questions on notice.<br />
Senator KIM CARR: Is it possible that you could make inquiries over the lunch break on that matter?<br />
Senator Payne: I will endeavour to.<br />
Senator KIM CARR: I am particularly interested to know what contact there was with your colleague<br />
Minister Pyne and the contractor.<br />
Senator Payne: Thank you.<br />
CHAIR: Were there any changes to the terms of the contract from the sale from by Lockheed to this other<br />
crowd, Leidos?<br />
Dr Lawrence: No, not at all. It was just a straight—<br />
Mr Richardson: And it was not a government decision; it was a—<br />
CHAIR: There was no extension of the contract period?<br />
Mr Richardson: No.<br />
Senator KIM CARR: I asked questions of the department. The department is saying that the employment of<br />
Mr Walker had nothing to do with them and it was an entirely separate matter. My questions went to the<br />
capabilities of the department to undertake this work. You are saying it cannot undertake it anymore. Is that the<br />
sort of work, Mr Richardson, that you think you should undertake in the future?<br />
Senator Payne: The policy decision was made in 2011, Senator.<br />
Senator KIM CARR: I heard that.<br />
Senator Payne: By the previous government, I might add.<br />
Senator KIM CARR: Quite clearly 2011 is a date that I am familiar with.<br />
Mr Richardson: These philosophical issues move around. You know that. Outsourcing is in fashion one<br />
decade and the next decade it is out of fashion. It moves around.<br />
Senator KIM CARR: I think you will know my position on that. It has not moved around.<br />
Mr Richardson: Absolutely.<br />
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Senator KIM CARR: This is a problem that is now becoming quite acute. I am not saying it is necessarily a<br />
matter of any one administration. I am saying that the question about the capabilities of the Commonwealth to<br />
perform its function—this is a good example, but it flies through in a whole range of areas. I think you were<br />
drawing attention to that earlier today, Mr Secretary—the number of consultants that are being employed and you<br />
were proposing to put a cap on the amount of money spent on that matter. So clearly it is a matter of concern to<br />
you. Is that the case?<br />
Mr Richardson: This particular matter is not. Indeed, I remember the discussion with Mr Lawrence and<br />
others. This was an area that was seen as perfectly appropriate to outsource. We want the service. We want certain<br />
service levels kept and, provided that it is kept, that is our major interest. We do not need all of these skills inhouse.<br />
What we do need is appropriate skills to manage arrangements of this kind.<br />
CHAIR: We will break for lunch.<br />
Proceedings suspended from 12:29 to 13:29<br />
CHAIR: We will resume. Since I have the opportunity, I would like to ask this, if I may: since last estimates,<br />
the government has signed the intergovernmental agreement with France in relation to the future submarines. Can<br />
somebody assist me to answer some questions in that space? Thank you very much for coming back to the table.<br />
Could you please give me an overview of the intergovernmental agreement with France and, particularly, what<br />
Australia has been able to secure in terms of our capability and the future of that project, please?<br />
Ms Skinner: The intergovernmental agreement with France is an overarching government-to-government<br />
agreement which sets the relationship Australia will have with France during the delivery of the future submarine<br />
program. It was signed by the minister for defence on the French side and the Prime Minister on 20 December. It<br />
enters the Joint Standing Committee on Treaties in February. There are public hearings being held in the next few<br />
weeks. The agreement, as I said, underpins the procurement of the submarine and all of the arrangements that<br />
need to be put in place. It is the framework and it defines our cooperation between the two countries so that we<br />
can develop a sovereign capability and sustain that sovereign capability. The key issues that are covered in the<br />
treaty include technology transfer, intellectual property, export controls and security of supply, which is about<br />
ensuring that Australia can maintain a sovereign capability in its relationship with France. It also speaks to<br />
maximising Australian industry participation in the program. So they are the key elements that it covers.<br />
CHAIR: At the last estimates, concern was raised at the possibility of US concern with the selection of DCNS<br />
to partner with Australia. At the time, you indicated had you no concerns or you were not aware of any being<br />
raised. I want to ask you two questions. Does that situation remain? Are you able to share with the committee any<br />
further engagement we may have had with the US on this submarine?<br />
Mr Richardson: No concerns were raised at the time and no concerns have since been raised. Secondly, since<br />
the last committee hearing, Lockheed Martin have been awarded the contract for the weapons systems integration.<br />
They have already started productive discussions with DCNS about the way they will work together. But no US<br />
uniformed or non-uniformed personnel of any significance have ever raised with us any concern in respect of the<br />
acquisition of the DCNS submarines.<br />
CHAIR: As an extension of that, we are now some months down the track. We have had some advances<br />
made. I am just interested in knowing what now is the view of Defence, of the Navy, the submarine community<br />
and the wider community. In that context, are we seeing yet any increase in staff, particularly in South Australia?<br />
What is the mood now?<br />
Mr Richardson: I think it is fair to say that, first of all, this is a very long program. It is a very big program.<br />
We are still in the early days. But we are starting to see movement in respect of South Australia. The submarine<br />
area headed up by Mr Steven Johnson is engaged in recruitment activity across the board. DCNS are increasing<br />
their engagement in Australia. There have been roadshows which the Capability Acquisition and Sustainment<br />
Group has undertaken in numerous states making Australian industry aware of possibilities. DCNS haves also<br />
been reaching out. We are also in the process of establishing ourselves more substantively in France itself.<br />
CHAIR: So we are all focused on opportunities for Australian jobs, Australian industry and Australian<br />
content. What more, if anything, can you share with us now that you could not share with us in October last year?<br />
How much more confident are you now of employment prospects and opportunities for industry and, indeed, that<br />
very, very sensible question about Australian content?<br />
Mr Richardson: Well, the government has been committed from day one to maximising Australian industry<br />
involvement. Everything we have been doing both at the state level and in our engagement with the private sector<br />
has been designed to maximise that. I do not know if Steve wants to add anything to that.<br />
Mr Johnson: Your questions, I sense, are more South Australia specific.<br />
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CHAIR: Correct.<br />
Mr Johnson: Of course, DCNS has opened a subsidiary, DCNS Australia. They opened their office<br />
headquarters in Adelaide in December. On the government side, we have added 43 Australian Public Service<br />
personnel last calendar year, so that is a bit of an overlap with the time frame you mentioned. We have added 25<br />
technical people on top of that. There have been 278 companies that have responded to our second industry day.<br />
The first one was in November. Again, I am trying to match your time frame. That was in Sydney. We have more<br />
industry days scheduled. The first one, of course, was in South Australia. We have 452 companies total registered<br />
between the two DNSs, France and Australia. Seventy-six are on the list to be qualified as potential suppliers right<br />
now. Thirty-nine are already confirmed. We have a collaboration started with Australian universities and research<br />
centres.<br />
CHAIR: Ink on paper, Mr Johnson? Contracts signed?<br />
Mr Johnson: Yes, sir. Contracts with research and universities?<br />
CHAIR: Yes.<br />
Mr Johnson: I am not aware that they are signed yet. They are in development.<br />
CHAIR: And with suppliers?<br />
Mr Johnson: Supplier contracts? We are in the design phase. The sequence of events is to register suppliers<br />
and confirm their quality capability as we are doing the equipment selections. In about a year from now or so,<br />
they start getting the substantive contracts. There will be some—I do not think it is answering your question—<br />
monetary compensation. For answers to questions, you have to pay for that level of detail. I sense your question is<br />
about long-term confirmed contracts.<br />
CHAIR: Yes.<br />
Mr Johnson: Those are in front of us.<br />
CHAIR: Sure.<br />
Mr Johnson: But we are in very good shape. It is a good start towards developing that industry base. It, of<br />
course, started with a handover from ASC of our Collins suppliers already. So those are overlapping nicely. The<br />
design of the shipyard has already started. We will bring that forward to the secretary later in 2017 in the bids to<br />
build buildings and other kind of shipyard infrastructure. Several of the requests for tender will go out this year,<br />
but most of it will be in 2018.<br />
CHAIR: This is the last question before I go to Senator Xenophon and his line of questions. In the Lockheed<br />
Martin decision you advised us of, are there local jobs in terms of giving effect to that contract?<br />
Mr Richardson: Yes. There will be. I will hand to Mr Johnson.<br />
Mr Johnson: That office also has stood up. There are about 13 people in it. It will grow substantially. Again,<br />
most of this is in front of us. About 200 of the total jobs that we have talked about between the 2,800—1,100<br />
direct and 1,700 related, added together being 2,800—will be full-time combat system integration jobs. We have<br />
the laboratory. Lockheed Martin has a laboratory already started, so that is the basis that we will work from until<br />
the infrastructure is built in the shipyard. We will move from that Adelaide technical park location under the<br />
shipyard after the buildings are built.<br />
CHAIR: Excellent.<br />
Mr Richardson: I might just add that the CEO of Lockheed Martin is in Australia this week and visiting both<br />
Canberra and Avalon. We do have discussions scheduled with her which will also cover submarines.<br />
CHAIR: Thank you for that.<br />
Senator XENOPHON: I want to ask the minister about the naval shipbuilding plan. I refer to the longawaited<br />
naval shipbuilding plan, which was foreshadowed by then minister Kevin Andrews in mid-2015 and due<br />
for delivery at the end of 2015. Minister, in the Senate last August, you advised me in response to a request<br />
without notice that the plan would be finalised by the end of 2016. Where are we at in respect of that plan?<br />
Senator Payne: I think Minister Pyne said in the House of Representatives in the last sitting fortnight that the<br />
government will release the naval shipbuilding plan imminently. That brings together all of the elements of the<br />
government's continuous naval shipbuilding strategy, the first in Australia's history. That is indeed the case. It is<br />
well underway. I am sure the minister will release it as soon as he is ready.<br />
Senator XENOPHON: In terms of it being imminent, are we looking at this side of the financial year or by<br />
the end of the year?<br />
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Senator Payne: Most certainly this year and, indeed, this side of the financial year, yes.<br />
Senator XENOPHON: Thank you.<br />
Senator GALLACHER: We were told yesterday that there are 400 projected losses of jobs between February<br />
and December. So how urgently is the minister taking this forward plan announcement? That is 530.<br />
Senator Payne: I think the quantifiable difference between how urgently this government and the relevant<br />
ministers are taking this and, for example, yours is that we are in the process of commissioning 54 different naval<br />
vessels ranging across specific patrol boats, offshore patrol vessels, future frigates and future submarines. You, of<br />
course, commissioned not one ship from one Australian shipyard in six years. So that is an indication of the<br />
priority—<br />
Senator GALLACHER: I think I have heard that before.<br />
Senator Payne: that the government places on this matter. The development of the naval shipbuilding plan is<br />
making excellent progress. As I said, the minister will release it imminently.<br />
Senator GALLACHER: And we have 400 projected job losses on top of—<br />
Senator Payne: And as you know, Senator—<br />
Senator GALLACHER: Sorry, Minister. On top of 130 we have already lost this year.<br />
Senator Payne: Had you done anything about that, that might have been avoided. But it was not because you<br />
did nothing.<br />
Senator GALLACHER: Well, do something. There are 530 South Australians in the firing line in 2017. You<br />
have got your hand on the till. You can make a decision.<br />
Senator Payne: Yes, Senator. And we are working towards the cutting of steel on the offshore patrol vessels<br />
in 2018 and on the future frigates in 2020 at Osborne in South Australia. As I said, we have commissioned over<br />
50 vessels in the name of the Australian government since we were elected in 2013 to address capability issues<br />
that you failed to respond to in six years in government. So it is frankly a little rich for you to say this government<br />
is doing nothing.<br />
Senator GALLACHER: I did not say the government is doing nothing.<br />
Senator Payne: I think you might have implied that.<br />
Senator GALLACHER: The workforce planning happening at the moment indicates 325 permanent—<br />
Senator Payne: Indeed.<br />
Senator GALLACHER: and 75 contractors. Some of them are apprentices. The decision that needs to be<br />
made is to allow the workforce planning for 2018 to be made.<br />
Senator Payne: And that is part of the naval shipbuilding plan. It is part of the development of the naval<br />
shipbuilding plan and a very important part of it.<br />
Senator GALLACHER: So urgency.<br />
Senator Payne: And I said it will be released imminently.<br />
Senator GALLACHER: Imminently?<br />
Senator Payne: I am using the words of the Minister for Defence Industry, but he and I are working in the<br />
same space on this, and that is the case.<br />
Senator GALLACHER: Forget me. There are many thousands of South Australian families that would like<br />
the imminently to be a decision made as quickly as possible.<br />
Senator Payne: Yes. I am sure that they have reminded you of that many times.<br />
Mr Richardson: I might just add that in addition to the ships that the minister specifically mentioned, we<br />
have finished with the department of education work on the establishment of a maritime training college. We have<br />
done our work in terms of workforce requirements. We are in the process of going out to educational institutions.<br />
We are doing all of this in a very full and proper way. I also note that we will be commencing work on the<br />
additional infrastructure at Osborne in the second half of this year. So there is a lot of activity going on.<br />
Senator XENOPHON: I will resume. Minister, if a plan was to be finalised in 2016, why did the government<br />
appoint Mr Jim McDowell as the government's adviser for the naval shipbuilding plan development in December?<br />
As you are aware, Mr McDowell is a director of Austal, one of the companies that will ultimately compete for<br />
build work in the naval shipbuilding program. Can you not see a massive conflict of interest in this appointment?<br />
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Senator Payne: Well, I think given Mr McDowell's experience and expertise, he is actually making a very<br />
constructive contribution.<br />
Senator XENOPHON: But he is on the board of Austal, Minister.<br />
Senator Payne: Yes. But the shipbuilding plan is not a decision-making mechanism in terms of a tender or<br />
anything like that. It is the development of a strategic document in relation to naval shipbuilding in Australia. It<br />
concerns things like workforce and skills and infrastructure. He is well placed and well experienced, given his<br />
background, to advise on that.<br />
Senator XENOPHON: But you cannot see that in the advice he gives—and I do not question Mr McDowell's<br />
integrity or his skills—there is potentially an inherit conflict of interest given that he is a director of Austal, a<br />
major, well-regarded shipbuilder in this country?<br />
Senator Payne: Given the nature of the plan as I have described it to you and the role that Mr McDowell is<br />
playing, there is not the sort of conflict that you identify.<br />
Mr Richardson: I might add that he is providing advice in respect of the naval shipbuilding plan. There is<br />
nothing in the naval shipbuilding plan of a commercial-in-confidence nature. All those major decisions have been<br />
made and are public. Mr McDowell is not on the Naval Shipbuilding Advisory Board.<br />
Senator XENOPHON: On that rationale, Mr Richardson, it should not be a problem having someone from<br />
the board of the ASC on the same body?<br />
Mr Richardson: If it related to the naval shipbuilding plan, that is right. But Mr McDowell is merely<br />
providing advice in respect of the naval shipbuilding plan. He is not on the naval shipbuilding advisory board,<br />
which is involved in all matters relating to naval shipbuilding in Australia and will over time consider matters of a<br />
commercial-in-confidence nature. His work in respect of the naval shipbuilding plan does not involve anything of<br />
a commercial-in-confidence nature.<br />
Senator XENOPHON: I will not take it any further other than to observe that the guidance he gives may<br />
influence decisions of the government that could indirectly have an impact on who gets what.<br />
Mr Richardson: That is not right. That is simply not right.<br />
Senator XENOPHON: We will leave it there. I will just go to the issue of Australian industry involvement.<br />
Can I please get an update on where we are with respect to the Australian industry involvement on the future<br />
submarine program? For instance, will we hit the 90 per cent figure that Minister Pyne foreshadowed prior to the<br />
election? I think it was a figure that he put out in the media. It may have been on Q&A.<br />
CHAIR: Do not believe what you hear on Q&A.<br />
Senator XENOPHON: That is from the minister.<br />
CHAIR: Be guarded.<br />
Senator XENOPHON: Minister Pyne did mention the 90 per cent figure.<br />
Senator Payne: Senator Xenophon, there has been no change to the commitment which I have discussed with<br />
you at estimates on more than one occasion and with some of our former colleagues, of course, which is to<br />
absolutely maximise the level of Australian industry engagement and contribution to the future submarine<br />
program. I am sure that between Mr Johnson and the deputy secretary of capability acquisition and sustainment<br />
we can take you through the work that is being done now to engage Australian industry. Mr Johnson referred to<br />
that earlier. He said there are 452 businesses engaged and registered in that process already.<br />
Senator XENOPHON: I am very happy to get that information. I want to tie it back into this important<br />
context. The contract has a couple of deliverables—an Australian industry capability plan and an Australian steel<br />
development plan. Interestingly, President Trump made all sorts of announcements just a few minutes ago about<br />
using steel on American projects. Drafts of these documents were due at the effective date of contract plus two<br />
months, with finals due at effective date of contract plus five months and effective date of contract six months<br />
respectively. That is for the industry capability plan and the steel development plan. Can you please advise what<br />
these documents say? Can you provide a copy of these to the committee in terms of Australian steel being used in<br />
these projects and the Australian industry capability plan?<br />
Mr Johnson: As you know, the Prime Minister announced that future submarines will be built with Australian<br />
steel. The specifications for that in terms of the future submarine are in development right now. We reviewed the<br />
status of the approach to qualifying vendors in Australia to provide steel of that nature as recently as last week.<br />
That work is going forward in a robust manner. Similarly, we are in the process of reviewing those deliverables<br />
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for the Australian engagement with industry by both Lockheed Martin and DCNS. Those two are robust plans and<br />
they will come forth in due course.<br />
Senator Payne: I will just add to that. Given that the government's clear goal is to maximise Australian<br />
industry involvement, I wanted to, if I can, take you through what is underway. We have 452 companies who<br />
have registered interest with DCNS. They are working with 176 companies now to qualify them as potential<br />
suppliers. They have released over 726 requests for information to those companies. They have prequalified 39<br />
Australian companies as potential suppliers. Mr Johnson referred earlier to the education sector engagement. They<br />
have collaborated with Australian universities and research institutions to establish a framework for centres of<br />
excellence in terms of submarine development. So a good example of that would be the Australian Maritime<br />
Innovation Centre in Victoria. They have established a direct research and development collaboration framework<br />
with the University of New South Wales. The innovation seminars, which I think Mr Johnson also referred to,<br />
have been conducted, of course, in Adelaide but also in Melbourne and Fremantle. That is just in relation to the<br />
submarine. There is more to say in relation to the combat system with Lockheed Martin, if you want me to take<br />
you through that.<br />
Senator XENOPHON: I am grateful for that. I asked a specific question. Drafts of these documents were due<br />
at the effective date of contract plus two months, and the finals were due at effective date of contract plus five<br />
months and effective date of contract plus six months respectively. Can the committee be provided with a copy of<br />
these documents appropriately redacted if there are any matters of commercial in confidence?<br />
Mr Richardson: We would need to take that on notice.<br />
Senator XENOPHON: But it goes to the level of Australian industry involvement. I would have thought that<br />
does not—<br />
Mr Richardson: I am simply saying that I would need to take on notice the answer to your question. I am not<br />
trying to prejudge an answer.<br />
Senator XENOPHON: Right. I would have thought that these are matters that would be in the public interest<br />
and ought to be on the public record.<br />
Mr Richardson: I simply need to take them on notice.<br />
Senator XENOPHON: Just in relation to that, very quickly, how many new jobs will be created in Australia<br />
as a result of the signing of the design and mobilisation contract? In contrast, how many new jobs will be created<br />
in France as a result of the signing of the design and mobilisation contract? There are some rumours within<br />
defence circles that it is about a thousand jobs in France. Are there any figures that you can tell us about<br />
Australian jobs, and what is your knowledge of any French jobs created?<br />
Mr Richardson: French jobs we would need to take on notice.<br />
Mr Johnson: Our original estimates provided to this committee last year remain accurate. They are 1,100<br />
direct support jobs and about 1,700 related to the submarine construction, its combat system and that sort of thing,<br />
for a total of 2,800. That is a peak number that we are building towards.<br />
Senator XENOPHON: I really want to go to an issue of power supplies at Techport. I just want to ask one<br />
more question.<br />
CHAIR: We have been dealing with power supplies.<br />
Senator XENOPHON: Okay. You have been dealing with the issue. Could you tell us how many jobs were<br />
created in Australia as a result of the signing of the design and mobilisation contract at that stage?<br />
Mr Johnson: I will take that on notice and give you an accurate figure.<br />
Senator XENOPHON: That is fine. I will be guided by the chair in relation to this. If it has been covered,<br />
forgive me. How did the requirement come about for a back-up supply at Techport? Was it to come from your<br />
office, Minister? Did it come from Minister Pyne's office? Did it come from CASG or from Navy about the need<br />
for a back-up supply of power?<br />
Mr Richardson: We answered questions on this before lunch.<br />
Senator Payne: We answered questions from Senator Farrell.<br />
Senator XENOPHON: Okay. I will put some questions on notice about how many power failures have been<br />
at Techport in the last 10 years. What has been the impact of these power failures? Presumably, it is not as critical<br />
as, say, a smelter where, if you lose power, it can cause hundreds of millions of dollars worth of damage to the<br />
equipment. Have any power supply failures derailed any projects, as Minister Pyne seemed to indicate that they<br />
might?<br />
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Mr Gillis: On the actual day of the power outage, the two back-up generators were only able to provide<br />
enough power to do a back-up of the IT system and to provide a safe exit for the workforce, because the<br />
remainder of the workforce that was there had to be sent home. So we actually lost productivity that day.<br />
Senator XENOPHON: Sure.<br />
Mr Gillis: So the reality is the existing infrastructure for power is not adequate, especially in the situation of a<br />
power failure.<br />
Senator XENOPHON: So do you hedge? In terms of power, you have assessed the risk?<br />
Mr Gillis: I did answer those questions with Senator Farrell. We are looking at that as a part of the ONT study<br />
at the moment.<br />
Senator XENOPHON: Can I ask in the next two or three minutes, Chair, with your indulgence, questions<br />
about the Collins costs?<br />
CHAIR: Go ahead.<br />
Senator XENOPHON: Thank you. We heard from ASC yesterday that they are achieving the required goals<br />
in terms of mature ready days. In fact, it is going above the benchmarks, which is terrific. Can you advise me<br />
whether Navy is achieving its goals in terms of task ready days? That is, of those task ready days in percentage<br />
terms, how many of those are being spent at sea? If you need to take it on notice, Vice Admiral, I am happy for<br />
you to do so.<br />
Vice Adm. Barrett: To answer the first part of your question, yes. To actually clarify those specific dates, I<br />
will need to take that on notice.<br />
Senator XENOPHON: In a question to the minister tabled in the Senate, question on notice 232, I asked what<br />
the current cost of Collins sustainment is. I know the Senate has been following these costs for a number of years.<br />
The costs of operating Collins rose steeply over the period 2008 to 2013. The Coles review resulted in the<br />
transformation, of course, of those Collins sustainment costs. The numbers provided to me for this year—$979<br />
million—in the next few years suggests that it is not the case. Are we actually on a trajectory of lower<br />
sustainment costs or increased sustainment costs? My assumption was that the costs would fall as a result of the<br />
Coles review. Why does it appear that the cost is not falling, or have I misinterpreted the figures?<br />
Senator Payne: I do not have a copy of that answer in front of me. Can I take that on notice and I will get<br />
back to you with some details?<br />
Senator XENOPHON: Of course. If the costs of the operating Collins, whether they are included in the<br />
budget bottom line in respect of this—I presume they are—<br />
Senator Payne: Yes.<br />
Senator XENOPHON: What about the Submarine Life Extension Program, which has the unfortunate<br />
acronym SLEP, not sleep, necessary to extend the life of Collins beyond its original planned life to the arrival of<br />
the future submarines beyond 2030? Has the SLEP been costed?<br />
Mr Johnson: The life of type extension studies have started. The pricing of that is not complete.<br />
Senator XENOPHON: When will that be complete, Mr Johnson?<br />
Mr Johnson: It will take about a year to properly price that.<br />
Senator XENOPHON: A year?<br />
Mr Johnson: Because what we are trying to do is, of course, look well beyond the next 10 years and forecast<br />
that cost. In a general overview, the cost of sustaining Collins will not change dramatically in the next couple of<br />
years. This is a look towards well beyond the future budget estimate.<br />
Senator XENOPHON: But didn't Defence do a SLEP study under the previous Labor administration?<br />
Mr Richardson: That was a study to determine whether Collins could be extended—whether the life of type<br />
could be extended. That determined it could be. This is a follow-up study that is now going into the detail. The<br />
reason why it takes quite a while is, first of all, there is a judgement to be made about where antisubmarine<br />
warfare will be in the second half of the 2020s and first half of the 2030s. Where will submarine technology be<br />
then? What capability are we talking about? You have to make those judgements. Then you have to do costing.<br />
That is not a simple task.<br />
Senator XENOPHON: Finally, therefore, it follows that these numbers have not been included in the<br />
Defence budget because they have not been costed yet.<br />
Mr Richardson: And we are talking about cost that goes beyond the next 10 years.<br />
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Senator XENOPHON: I look forward to that statement.<br />
Air Chief Marshal Binskin: I want to close something off for Senator Xenophon. He was interested in the<br />
ration packs. There are 43 items.<br />
Senator XENOPHON: I cannot use props, but you can. It is not fair.<br />
Air Chief Marshal Binskin: I learned from Warren King. There are 43 items in there. If you would not mind<br />
taking that and having a look at the quality of what is there, I think it will help your research.<br />
Senator XENOPHON: If it is worth over $10, I need to declare it, though.<br />
Senator Payne: I think you are safe there, then, Senator.<br />
Senator KITCHING: Mr Richardson, the questions that you have taken on notice from Senator Xenophon<br />
about the jobs for the DCNS submarine project—<br />
Senator Payne: The design and mobilisation project.<br />
Senator KITCHING: Could you look at the percentage of the jobs being created in Australia and those being<br />
created in France, particularly at Cherbourg? If you look at, I think, the Elysee Palace press releases, you will see<br />
that the job figures are slightly different from Minister Pyne's announcements. It certainly was widely reported in<br />
the French media that the jobs that would be created at the headquarters in Cherbourg are quite significant. So I<br />
would be interested in the percentage of those jobs.<br />
Mr Richardson: Sure. We will provide the figures that have been asked for. I simply note that if an<br />
Australian company won a contract anywhere in the world worth tens of billions of dollars, I imagine you would<br />
also be concerned that there might be some jobs created in Australia. DCNS has won a contract worth some tens<br />
of billions of dollars. I would be amazed if they did not have some jobs created in France.<br />
Senator KITCHING: What they are saying about it—<br />
Mr Richardson: So inevitably you are going to have jobs created in both countries. We will provide answers<br />
to the questions that we have taken on notice.<br />
Senator KITCHING: In one of the Elysee Palace press releases, it says that there are going to be thousands<br />
of jobs created. Of course, they were, as you say, equally as excited about the contract.<br />
Mr Richardson: Sure.<br />
Senator KITCHING: And I think the term they used is 'marriage', that they are married to the Australian<br />
Defence Force, which is very nice and very French in its romanticism. But I would be interested in the<br />
percentages of the jobs.<br />
Mr Richardson: And, shock horror, Senator, we are actually going to have some Australians moving to<br />
France—<br />
CHAIR: Oh, my God!<br />
Mr Richardson: to work on the future submarines. Now that is an interesting question. Should any<br />
Australians be allowed overseas to work in a foreign country? We are going to have French men and French<br />
women coming to Australia to work on the submarines. So we are going to have a lot of movement, and we will<br />
get the answer to your question.<br />
Senator KITCHING: Vive la France.<br />
CHAIR: Senator Moore, back to the rat packs.<br />
Senator MOORE: I want to ask a question about the food packs. It stimulated my interest when you threw a<br />
ration pack over to Senator Xenophon. Can you confirm, Mr Richardson, that the packs that Australian personnel<br />
have are the same as the packs that New Zealand personnel have?<br />
Mr Richardson: I do not know. I would need to take that on notice.<br />
Senator MOORE: Can we check that?<br />
Mr Richardson: Sure.<br />
Senator MOORE: We are packaging them up. I would just like to know.<br />
CHAIR: And it is possible that New Zealanders eat more lamb than Australians.<br />
Senator MOORE: Maybe less chocolate. If you can find out whether the New Zealand packs are the same,<br />
that would be very useful.<br />
CHAIR: Thank you very much, Senator Moore.<br />
Senator FARRELL: I have some questions regarding the Centre for Defence Industry Capability.<br />
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Mr Gillis: I am the co-chair. Kate Louis, who is also coming to the table, can answer some of those questions.<br />
She is coordinating that taskforce.<br />
Senator FARRELL: Can you tell us how the implementation of the first principles review is tracking in<br />
establishing mechanisms like the capability acquisition and support group?<br />
Senator Payne: That is quite a different question, Senator.<br />
Senator FARRELL: From which?<br />
Senator Payne: Well, from the question about the Centre for Defence Industry Capability.<br />
Senator FARRELL: In what sense?<br />
Senator Payne: It is not related.<br />
Senator FARRELL: Well, can somebody answer that question?<br />
Senator Payne: We can answer FPR questions, certainly.<br />
Mr Richardson: Sorry, Senator. Could you say that again?<br />
Senator Payne: I might have misunderstood you, Senator, but I do not think they are related to the CDIC.<br />
Senator FARRELL: Well, I was asking for a response to the implementation of the first principles review<br />
and how it related to the capability acquisition and support group.<br />
Senator Payne: Sustainment.<br />
Mr Richardson: First of all, there were 75 recommendations to the first principles review. One of those<br />
recommendations was that the old Defence Materiel Organisation be wound into the department. So the old DMO<br />
no longer exists. It has been replaced by the Capability Acquisition and Sustainment Group. There are a number<br />
of recommendations which relate to what is called the capability lifecycle in terms of how capability<br />
recommendations are considered within the department. In that context, it recommended the establishment of a<br />
couple of new committees, including a new investment committee chaired by the VCDF, on which sits<br />
representatives from both finance and Prime Minister and cabinet. There were a range of recommendations<br />
relating to the workforce in the Capability Acquisition and Sustainment Group. Work is continuing in respect of<br />
the implementation of that actual recommendation. The other recommendations relating to behavioural matters<br />
apply to the capability area as it does to the rest of the organisation. Many of the other recommendations which<br />
relate across the enterprise also relate to that group. But there were some specific recommendations relating to<br />
workforce and skilling and to the way in which special project offices are set up. They are unique to the CAS<br />
Group. We are well on the path to implementing all of them.<br />
Senator FARRELL: Can you give us perhaps an indication of how the goal of establishing a strong strategic<br />
centre is progressing?<br />
Mr Richardson: That has progressed pretty well. As part of that, there is a defence committee on which sits<br />
the CDF and myself and about four or five others. There is the investment committee chaired by the VCDF. There<br />
is the business enterprise committee chaired by the associate secretary Brendan Sergeant. Two groups were<br />
consolidated into one. The old intelligence group and the old strategic policy group became one. As part of that<br />
group, we have established what is called a contestability division. That was specifically recommended by the<br />
first principles review to provide arms-length contestability of matters coming before the investment committee.<br />
That is established and is working. The industry policy matters were consolidated from across the department and<br />
brought into an industry division. Kate Louis heads that up, and that is functioning. There was a redo of some<br />
matters within the VCDF group. So the strong strategic centre is now pretty well established.<br />
Senator FARRELL: Can you tell us what the KPIs were to achieve the outcomes for the strong strategic<br />
centre?<br />
Mr Richardson: Well, they were not. The first principles review did not recommend a list of KPIs, but it<br />
comes down to one—the strategic centre being at a high level, bringing into it investment decisions with armslength<br />
contestability. As said, I think that is working pretty well. They did not specifically mention KPIs, which<br />
we will tick off on a yearly basis.<br />
Senator FARRELL: But you are satisfied that progress is being made?<br />
Mr Richardson: Progress is certainly being made. I would not pretend that we are where we will eventually<br />
want to be. But we are along way down the track, and I believe we are beyond the point of return.<br />
Senator FARRELL: Can you tell us what has been the overall experience of the first principles review in<br />
terms of procurement processes and industry feedback?<br />
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Mr Richardson: The industry feedback, I think, has been very positive, I think it is fair to say. Simply for the<br />
record, that comes down to the work of Kate Louis and her team. I have personally been pulled up by defence<br />
industry people who have told me, and I think they have said similar things to the minister and the Minister for<br />
Defence Industry, about the work being done by Kate Louis and her team. That is the feedback I am getting. So I<br />
think defence industry have welcomed a more active defence engagement of defence industry. Again, it is early<br />
days, but I think, certainly on the 12-month experience, the record is pretty impressive.<br />
Senator Payne: Part of that has to go to the value of the defence industry policy statement, which was<br />
released with the defence white paper in February last year. It set out a number of the government's plans in that<br />
regard, particularly the government's decision to recognise in a formal way Australian industry as a fundamental<br />
input to capability. I can attest to the fact that as recently as yesterday, amongst industry representatives I met at<br />
Avalon at the early days of the air show, there has been very significant recognition of the difference that this has<br />
made in terms of the engagement between defence and industry in this country.<br />
Senator FARRELL: Thank you, Minister. When you are getting advice back from industry, who gives you<br />
that feedback?<br />
Mr Richardson: Well, in my own case, it is CEOs and it is the Australian Industry Group and the defence<br />
component part of that. That is essentially who it is.<br />
Ms Louis: I will add to that. Of course, we have set up the Centre for Defence Industry Capability and the<br />
advisory board now, which has representatives from primes and SMEs and, of course, is co-chaired by the deputy<br />
secretary of CASG. They have been a great sounding board for us to look at our sectoral policy issues and provide<br />
feedback.<br />
Mr Richardson: I think we should put on the record the assistance we have received from the Department of<br />
Defence and the good work that has been going on between defence and me and the industry department.<br />
Senator FARRELL: That board you mentioned is the board that was established on 22 October?<br />
Ms Louis: Yes.<br />
Senator FARRELL: Is one of the members of that board former senator Johnson from Western Australia?<br />
Ms Louis: Yes, he is.<br />
Senator FARRELL: Could you not find somebody who had faith in the Australian ship building industry to<br />
put on the board?<br />
CHAIR: That is not fair, Senator Farrell. A question was asked of the minister at the time whether he had<br />
faith in the senior management of ASC. Stick to the point. He did not express any lack of support for the entire<br />
Australian ship building industry.<br />
Senator FARRELL: I strongly dispute that.<br />
Senator GALLACHER: He would not know to if you needed him.<br />
Senator FARRELL: He said we could not build a canoe.<br />
CHAIR: He said he had no faith in the senior management of ASC.<br />
Senator FARRELL: There must be some former member of the government who can have some confidence<br />
in the Australian ship building industry.<br />
Senator Payne: Senator, you can make as many political observations as you like. It is entirely—<br />
Senator FARRELL: What about Jamie Briggs? Would he not have been a better appointment?<br />
CHAIR: The minister is answering the question now, Senator Farrell.<br />
Senator FARRELL: She is interrupting my questions, I might add.<br />
Senator Payne: What have I done now?<br />
Mr Richardson: I would simply put on the record, for what it is worth, Senator, that it is the experience of<br />
those of us along this table who work in the ADF and the Department of Defence that when former senator<br />
Johnson was the Minister for Defence, he pressed us pretty hard in terms of Australian industry engagement.<br />
Senator FARRELL: Look, he came out publicly and made a statement about the Submarine Corporation. He<br />
said they could not build a canoe.<br />
Mr Richardson: Could not build a canoe?<br />
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Senator FARRELL: If part of his job is to try and promote this industry overseas, for instance, the first thing<br />
they are going to do is Google his remarks about what he thinks about the ASC. There must have been some<br />
member that lost their seat at the last election in the government who you could have put on the board—<br />
Senator Payne: Did you add yourself?<br />
Senator FARRELL: if he did not have that sort of reputation and belief in the ability of Australians to build<br />
submarines.<br />
CHAIR: We are disagreeing.<br />
Senator Payne: I think you will find, Senator, that the appointment of Mr Johnson to the Centre for Defence<br />
Industry Capability is a very valuable one which is reinforced by his extensive experience and engagement with<br />
defence industry in this country and internationally. The centre at the moment has, I think as at 8 February,<br />
received 42 applications for services, of which 36 have been approved. They have progressed to engagement<br />
planning, with the capability advisers in the centre. We have one application for a capability improvement grant<br />
received and approved. The Centre for Defence Industry Capability portal is processing 257 emails—<br />
Senator FARRELL: Minister, I am not asking questions about those things.<br />
Senator Payne: regarding innovation. So it is working very well, Senator; that is my point.<br />
Senator FARRELL: Okay. Can I ask a few questions about the appointment?<br />
Senator Payne: Mr Johnson is making a very useful contribution.<br />
Senator FARRELL: Minister, can I ask a few questions about the appointment?<br />
Senator Payne: I am sure you will.<br />
Senator FARRELL: Who made the appointment?<br />
Senator Payne: The government.<br />
Senator FARRELL: Was it the minister for industry?<br />
Senator Payne: The government made the appointment.<br />
Senator FARRELL: So it was a cabinet decision?<br />
Senator Payne: I believe so.<br />
Senator FARRELL: On the advice of whom?<br />
Senator Payne: The appointment of the entire board of the Centre for Defence Industry Capability, if I am not<br />
mistaken, was a decision of the cabinet.<br />
Senator FARRELL: Was there a merit selection process undertaken for the appointments?<br />
Senator Payne: Not that I am aware of.<br />
Mr Richardson: It was appointed similarly to most boards that I have seen appointed by successor<br />
governments.<br />
Senator FARRELL: Can you tell us what former senator Johnson's annual director's fee is?<br />
Senator Payne: It would be the same as everybody else's. I will take that on notice and we will come back to<br />
you.<br />
Senator FARRELL: Thank you. Can you tell us—<br />
Mr Richardson: It is set by the Remuneration Tribunal, so it is the same for all the directors.<br />
Senator FARRELL: But there are different rates.<br />
Senator Payne: We will come back and tell you.<br />
Senator FARRELL: I was simply making the observation, Minister, that there are different rates for different<br />
boards.<br />
Senator GALLACHER: They seem to be a bit sensitive.<br />
CHAIR: Well, Senator Farrell has every right to be sensitive because nobody offered him anything when he<br />
was in office. So I agree that Senator Farrell is a bit sensitive.<br />
Senator FARRELL: Is former senator Johnson entitled to claim expenses as a director?<br />
Senator Payne: Mr Johnson, yes.<br />
Mr Richardson: Only those that are allowable by the Remuneration Tribunal.<br />
Senator FARRELL: Do you happen to know what they are?<br />
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Mr Richardson: We will take that on notice.<br />
Senator FARRELL: If he is allowed any extra expenses, can you tell us how much he has claimed from the<br />
time of his appointment?<br />
Mr Richardson: Sure.<br />
CHAIR: Thanks, Senator Farrell.<br />
Senator FAWCETT: I have a few questions for the Chief of Army. Good afternoon. I will return to my<br />
theme of following through with outcomes from comments in the portfolio budget statement. The Army<br />
Aboriginal Community Assistance Program had a program in Laura last year. I believe that Toomelah is the<br />
project for this year. I am just wondering if you can update the committee on what the outcomes were in Laura<br />
and what you are hoping to achieve in Toomelah.<br />
Lt Gen. Campbell: Last year at Laura, we spent approximately six months with a multidisciplinary team<br />
deployed to the Laura community and worked with local groups. We worked in cooperation with a range of other<br />
government departments at state and federal level and with sporting organisations to both do some development<br />
work on the infrastructure of the Laura township and surrounds as well as support two community initiatives. I<br />
will talk to both of them. There were covered areas developed as an opportunity for young people to use them as a<br />
sporting facility. It could be a basketball court or it could be a volleyball court under cover. A number of road<br />
sidewalks were developed so that people could move safely off the road. We extensively redeveloped the town<br />
sewerage system so that there was a mechanism to allow for the use of a natural sewerage renewal process that<br />
was near the township and had an estimated life of type of about 25 years with plenty of expansion capacity in it.<br />
We used local persons to help where they could to become more familiar with a bit of on-the-job work in basic<br />
elements of carpentry, earthwork preparation and other minor infrastructure engineering activities. We then had a<br />
line of activity focussed on supporting the development of basic carpentry and odd job skills. We taught and<br />
facilitated knowledge of cooking and good health and nutrition habits and information. We also had sporting<br />
workshops for the local kids and reading activities, displays and a band presence on a number of occasions. It was<br />
an effort to make some positive contributions to the infrastructure of the community and to make a positive<br />
introduction to some habits of healthy lifestyle that could support that community. It is always a small step, but I<br />
think, with goodwill, the efforts of the community and with ongoing initiatives that we see at local, state and<br />
federal level, it makes a difference.<br />
That kind of approach has been applied across 22 years of effort all over the country. The identification of<br />
locations typically is 18 months to 24 months ahead so that the right planning can be undertaken with the<br />
community, the outcomes are what the community wants and those outcomes can be designed in ways that are<br />
most sustainable. At the same time as we are doing that, we are looking back to ask the question, 'What can we<br />
learn from our earlier efforts?' Infrastructure or engagement activities that have sustained and had longevity in the<br />
community are clearly the kinds of activities that are more valuable for the long-term future of the community.<br />
In combination with the Department of the Prime Minister and Cabinet, we have asked to engage with<br />
communities throughout the 22-year history of the AACAP program to look at and reflect on what we are<br />
learning and how we are maturing our approach both in the engagements in those soft skill areas as well as in the<br />
hard infrastructure. And that has seen, over the course of a number of years, the introduction of basic sport to<br />
medical facilities. In Laura, there were dental clinics. There was the introduction of sporting activities and<br />
hygiene, nutrition and other workshop activities.<br />
I would encourage any members of the committee who have the opportunity to visit AACAP to do so. It is on<br />
each year. It is an extraordinary experience because it is great young people from many different parts of our<br />
society coming together to do something very, very good for our country. We have the next couple planned. I do<br />
not have the detail with me now, but it is the same kinds of community infrastructure development as well as lines<br />
of engaging people, setting role models and trying to make a contribution to opportunity, ideas and initiatives that<br />
might generate opportunity in the community.<br />
Senator FAWCETT: Thanks, General Campbell. I look forward to your update on Toomelah perhaps at the<br />
end of the year when that is complete. I think it is one of the most successful underpublicised programs that Army<br />
runs in terms of working with indigenous Australians, so thank you.<br />
Lt Gen. Campbell: Thank you.<br />
Senator GALLACHER: Are you going to Oak Valley, or has that already been done? It is a South Australian<br />
community.<br />
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Lt Gen. Campbell: There is Yalata community. We are doing some work there. We are going to do some<br />
more work through the course of this year, and then we go to Toomelah, where Senator Fawcett mentioned.<br />
Senator GALLACHER: I visited the Oak Valley lands and it was absolutely brilliant. It is fantastic.<br />
Lt Gen. Campbell: We do have the AACAP regularly on the parliamentary visits program to ADF activities<br />
for members of parliament. I emphasise that if it is not on the program but someone wants to visit, we will always<br />
accommodate that.<br />
Senator FAWCETT: Thank you. I take you to table 72 in the PBS, which is the current status of your top 30<br />
projects. There is project AIR9000 Phase 5C. You will probably know this, General, without having to get your<br />
table. It relates to the additional Chinook. The PBS indicates that the FOC should be declared in January this year.<br />
I am wondering whether that was actually achieved in terms of declaring the final operational capability for the<br />
CH-47 Foxtrot.<br />
Mr Gillis: General Mathewson is just coming into the room. He is the head of the helicopter systems division.<br />
He will have that information to hand. He will here in about one minute. I think I have the answer, but we will<br />
wait for the helicopter systems division officer. The introduction of the Foxtrot Chinook has been an extremely<br />
successful program.<br />
Senator FAWCETT: I have some other questions that will relate probably to General Mathewson's area, so I<br />
will wait until he comes in. There was an article over the weekend talking about political correctness in the army.<br />
I wonder whether you would like to make any comment on that while we are waiting.<br />
Lt Gen. Campbell: I am familiar with the article. It was speaking to the question of initiatives the army has to<br />
seek the greater participation of women in the army, as indeed you see in the air force and navy also. This is not a<br />
matter of political correctness. It is easy to write newspaper articles of that manner. The Australian community is<br />
roughly fifty-fifty men and women. I profoundly believe that 50 per cent of the talent of our nation is in the men<br />
and 50 per cent of the talent is in the women. At the moment, the Australian Army has 12.7 per cent women. That<br />
is more than it has had before, but it is not as much as I would like. I do not think that we will ever get to fiftyfifty.<br />
I am not seeking to get to fifty-fifty. I do not have a target destination, but I do aspire to see the army get to<br />
about 25 per cent participation of women. But it is a very simple point. I want the best talent available from the<br />
Australian community serving in the Australian Army, as do I know my service chiefs want similarly for the Air<br />
Force and Navy. At 12.7 per cent, I am not getting our fair share of Australian talent from half of our gene pool<br />
into the army. That is a question that is important to me, because it says, 'I don't have an army that is as good as it<br />
could be because we are not drawing on the full talents of our nation.'<br />
There are only two things you need to do in the army to find yourself serving in any particular appointment: be<br />
a volunteer and pass the physical employment standard. We worked with the Defence Science and Technology<br />
Group for three years to objectively identify that standard for each of the corps and areas of the army, from the<br />
infantry and field artillery to ordnance intelligence, signals and everything in between. So every Australian who<br />
volunteers and can pass the relevant physical employment standard is welcome to serve in the Australian Army. I<br />
would claim, with my Air Force and Navy colleagues, that we have the best training system on the planet to<br />
produce sailors, soldiers and air men and women. I want Army's fair share of our nation's talent and I am not<br />
getting it. I want more women.<br />
Senator FAWCETT: General Mathewson, I will repeat the question. I was asking about the Chinook project<br />
AIR9000 Phase 5C. The last PBS said that we were expecting an announcement of FOC in January this year. I<br />
wonder whether we have actually achieved that.<br />
Major Gen. Mathewson: At this stage, the Chinook program has been a fantastic success. The program has<br />
been under budget and on time yet, due to the broader fundamental inputs to capability, we have not quite cracked<br />
FOC at this point. But it is very close to being declared. The documentation is being developed as we speak<br />
before being presented to the chief for his consideration.<br />
Senator FAWCETT: In terms of numbers of crews and things, I am aware that at a time when we have very<br />
high operational tempo with the D model Chinooks, the ability to back up and train was somewhat stretched. Now<br />
that operational tempo has changed and we have an almost entire fleet of Foxtrots, where are we at in terms of<br />
each of those fundamental inputs?<br />
Major Gen. Mathewson: Indeed. There was quite a bit of pressure on the aviation community, a fairly small<br />
community within Army. There was a lot of pressure on our air crew. In addition to that, we had a very successful<br />
program to acquire a further three CH-47 Foxtrot conducted by broadly the same team with no additional<br />
resources. So that has put a fair bit of pressure on the community within CASG and within Army to deliver that<br />
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capability of 10 aircraft. But it is absolutely one of our best programs in the aviation sphere. FOC will be declared<br />
very soon.<br />
Senator FAWCETT: Thank you. While you are still at the table, page 166 of the PBS deals with the armed<br />
reconnaissance helicopter weapons system. We have had in this committee and the joint committee's very good<br />
feedback from people about the performance of that weapons system after Exercise Hamel and others. I notice<br />
that one of the goals in the PBS is the refinement and implementation of measures to reduce through life costs or<br />
costs of ownership. I wonder whether you can give us an update on what you have put in place and where that is<br />
at.<br />
Major Gen. Mathewson: Certainly. The original contract that we put in place with Airbus was a 15-year<br />
contract. We found that the cost of ownership on that product was growing over time. In 2013, we commenced a<br />
strategic review with Airbus. We have changed the structure of the contract now to reflect a sharing of the risks.<br />
We are specifically focused on approximately half of the cost of supporting Tiger, which is now linked to the<br />
generation of rate of effort, which is army's objective, CASG's objective and industry's objective. So as we deliver<br />
an increased capability there, the relationship with costs will match the delivery of the capability to Army. What<br />
effectively that will do is reduce the cost by at least one-third from where it was, say, three years ago. So that has<br />
been really quite successful. At the same time, though, I think everyone would appreciate that this is a very<br />
complex weapons system, so we have a series of systems that need to be upgraded . Certainly not only the aircraft<br />
but our simulated training environment needs to be upgraded. That is an increased cost. So when you look at the<br />
broad costs of Tiger, you are not just looking at the aircraft and its support but its upgrade and the work that<br />
Airbus do in supporting the product as one of our outsourced suppliers.<br />
Senator FAWCETT: Can I assume that that upgrade cycle is no different to a spiral upgrade circle of many<br />
other weapons systems?<br />
Major Gen. Mathewson: No. Indeed. It is precisely the same thing that we will see on JSF that we currently<br />
see on Hornet. Every complex system is going to go through a much faster cycle than we have been used to in the<br />
past. Everyone recognises that computer systems do not have a lifecycle as long as mechanical components. We<br />
have seen that certainly in Tiger after operating it for in excess of 10 years.<br />
Senator FAWCETT: Sure. I can see the chair is getting fidgety. He is going to wind me up. I have one last<br />
question. The PBS mentions that you are hoping to conduct first-class flight trials in the first quarter of this<br />
calendar year. I am just wondering where you are at with planning for that.<br />
Major Gen. Mathewson: Yes. Absolutely. First-class flight trials are being conducted as we speak on HMAS<br />
Canberra. To date, the feedback has been positive. At the same time, we have our MRH90s expanding their ship<br />
helicopter limits on the same ship.<br />
Senator FAWCETT: Thanks.<br />
Senator RHIANNON: Minister, have you hired additional media or public relations staff or consultants who<br />
cover that area to manage the contamination at Williamtown and the contamination issue generally at other bases?<br />
Senator Payne: In my personal office?<br />
Senator RHIANNON: Within the department. The question was to manage the contamination issues at<br />
Williamtown.<br />
Senator Payne: I will ask the deputy secretary of the estate and infrastructure group to come to the table.<br />
Senator RHIANNON: Thank you.<br />
Mr Grzeskowiak: The way we are managing public relations and the interactions we have with the<br />
community in the main is through our own people. We have a lot of community reference group meetings out at<br />
the various sites that we are engaged in. We do that ourselves. That is the main mechanism for our engagement.<br />
We do have some people back in the office who would be helping us with the messages we need to be getting<br />
across to people, as would other departments engaged in the process—for example, the Department of Health.<br />
Senator RHIANNON: You used the term 'in the main'. Does that mean that you have hired PR, or public<br />
relations, staff or consultants to help in that area?<br />
Mr Grzeskowiak: I would have to check. I would have to take that on notice in detail. We may have some<br />
people who have been helping us with messaging for that. It may be that other departments are doing that as well,<br />
but I would have to go and look in detail just to confirm.<br />
Senator RHIANNON: So you can take that on notice?<br />
Mr Grzeskowiak: I can.<br />
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Senator RHIANNON: Thank you. I notice that the meetings held at your RAAF base at Richmond were<br />
stated in the Hawkesbury Gazette as one-on-one meetings with Defence. Could you describe what that means? I<br />
know some consultancy firms do this. They do not have a public meeting where everybody is together, but they<br />
take the residents and meet with them separately. Is that what you mean by one-to-one meetings?<br />
Mr Grzeskowiak: I can speak from first-hand experience for that meeting. I was the Defence individual who<br />
led that meeting supported by a range of other organisations—for example, the local environmental protection<br />
agency, local health people and the like. So what we are doing when we engage in community is talk to them in<br />
smaller groups. So the way we will run the session is that we will hire the hall or something that is convenient.<br />
We will set up tables. There would be a table for Defence. There will be a table from our consultants who are<br />
doing environment investigation, if we have them in place. There might be a table from the local health<br />
authorities et cetera. People can come along and talk to the people at those tables about any issues on their mind.<br />
During the session—and they normally run for an afternoon—probably twice we will do presentations. We<br />
advertise the times of the presentations. When we do the presentation, it will be a Defence person giving a<br />
presentation. In the case of Hawkesbury, around RAAF base Richmond last year, what we were saying there was<br />
that we had done some preliminary sampling. We had those results. We are going to be back this year to run a<br />
more detailed investigation. So we are trying to engage the community in a way that enables people to come<br />
along and hear what we have to say and to sit down and talk one on one if they want to with somebody who is<br />
more closely associated with the field of interest that they might have, be it health or environment or whatever.<br />
Senator RHIANNON: When you say presentation, at that point, did you get everybody together? It is being<br />
written about in the research how consultants are advising departments these days to not get the public all together<br />
when you have these challenging situations. Do you get everybody together at any stage?<br />
Mr Grzeskowiak: Yes, we do. We did not have consultants and advisers at that. It is a strategy that we<br />
decided upon ourselves because we feel we get much more effective engagement. So we will advertise that we<br />
have a community drop-in session from whatever—two o'clock until six o'clock—and that there will be<br />
presentations at three o'clock and five o'clock, or whatever the times would be. As I said, I did the Richmond one.<br />
We did not have a large turnout from the community, but everyone that came had the opportunity to listen to a<br />
presentation and separately talking to either me or the various other organisations that we had present. What we<br />
found and what we have had in feedback from people as we have done a fair amount of this is that a lot of people<br />
are not confident in, if you like, a huge auditorium to put their hand up and ask a question. They feel much more<br />
confident to just approach someone who is behind a desk saying 'Health' or whatever. We get very good<br />
interaction at those meetings. So that is the process that we have adopted. It is a decision we made ourselves<br />
following the experience we have gained over this process.<br />
Senator RHIANNON: Thank you. I will go to question on notice No. 81. When I printed it out, it was page 3.<br />
At the third paragraph from the bottom, you make reference to a study. You state:<br />
A second stage of the study is expected to include focus groups, a survey, and an epidemiological study related to PFAS<br />
exposure of residents in and around affected communities.<br />
What is the point of the focus groups?<br />
Mr Grzeskowiak: That will be in reference to the epidemiological study that was announced by government<br />
in June last year that will be taking place at Williamtown and Oakey. The Department of Health have the lead on<br />
the epidemiological study, although the work is being funded by Defence. The initial approach to the community<br />
at Williamtown and Oakey has occurred. Department of Health representatives have held community engagement<br />
sessions there to try to talk to people about the epidemiological study and how that will work. I think as part of<br />
that process the people doing the study from the Australian National University Centre for Epidemiology and<br />
Population Studies, who have the contract from health, were made to sit down and talk to people about their<br />
lifestyles, I guess. I am not an expert in epidemiological studies. So there will be significant engagement between<br />
the people doing the study and individuals who volunteer to take part in the study.<br />
Senator RHIANNON: So the focus groups are part of the epidemiological study that is being conducted?<br />
Mr Grzeskowiak: That would be right.<br />
Senator RHIANNON: Thank you. This is the Department of Health, but you have probably been involved. I<br />
am referring here to the voluntary blood testing program. I was hoping that you could also explain this. What it<br />
states in the first paragraph is that it is being offered to people who live or work, or who have lived or worked, in<br />
Williamtown and Oakey. Why only those two areas?<br />
Mr Grzeskowiak: It was a decision made at the time of the announcement that these were the areas we were<br />
heavily engaged with. So the current scope of blood testing is for Williamtown and Oakey areas. As you are<br />
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aware, they are the areas in which we are the most advanced in terms of having concluded significant<br />
environmental studies, significant ecological studies and significant human health risk assessment studies. So that<br />
is the position at the moment. The blood tests are available, again, through the primary health care network.<br />
Senator RHIANNON: But that becomes illogical at that point. Just because you have conducted most of the<br />
tests there does not mean that that is where you should be giving the free tests to people who have lived or worked<br />
there.<br />
Mr Grzeskowiak: Our blood test is something that has evolved throughout this process. It was not something<br />
that was at the beginning of the process. So the Department of Health has the lead on the blood tests.<br />
Senator RHIANNON: But it has only evolved because—let us be frank—the department has come under<br />
enormous pressure. At first there was a lot of resistance to doing it. Is it because Williamtown and Oakey have<br />
more active communities? At the moment, there is not a logical reason why you are only doing it for two<br />
communities and it is not happening in the other communities.<br />
Senator Payne: If you recall—and you have obviously been part of the inquiry on these issues—there were<br />
community requests for blood testing in those areas. It is important to note that in both those areas exposure<br />
pathways have been established and identified by the testing process that Mr Grzeskowiak refers to, which is a<br />
part of the health evidentiary process. It is being run by the Department of Health, but of course if the government<br />
is approached by other communities who are concerned and who wish to explore that, then that would be<br />
considered from the Department of Health's perspective. It is not being administered by the Department of<br />
Defence.<br />
Senator RHIANNON: But, even on that, the Department of Defence has admitted total liability here. You<br />
have never questioned that. That has been good, and we have thought we were getting somewhere at that point.<br />
You talk about exposure pathways, but how you have answered that question, Minister, is again putting the<br />
responsibility back on the local people to come forward to request. We have just heard evidence that often people<br />
are reluctant. They do not know about the chemicals. They are not sure. Some of them do not even know they are<br />
exposed. Should not the government, having admitted total responsibility, be proactive with these communities, at<br />
least providing them with the voluntary blood testing?<br />
Senator Payne: Well, it is a matter for the Department of Health. If you want me to take that on notice to seek<br />
the advice of the health minister, I will.<br />
Senator RHIANNON: Thank you. Please take that on notice. I want to return to the Hawkesbury.<br />
Senator Payne: To RAAF Richmond?<br />
Senator RHIANNON: Yes, sorry. To Richmond. It keeps coming up under Hawkesbury, where I have it<br />
filed. This is my first question: when did you first become aware that contamination was occurring at this base?<br />
What is your year for that first occurring?<br />
Mr Grzeskowiak: As you are aware, we have been doing desktop studies for a while now looking at areas<br />
where historically the firefighting foams that we are talking about have been used. As you might expect, airfields<br />
is one of the obvious places—not only military airfields but of course civilian airfields and a range of other<br />
industrial sites across the country. So we were aware that these firefighting foams would have been used at<br />
Richmond. From the desktop analysis, it popped up as one of the places that we should do some further analysis<br />
at. So in the middle of last year, we ran a very quick sampling program at Richmond, I think between April and<br />
July. We got those results a few months later. That showed us that there were detections of PFAS chemicals<br />
outside of the base. We deliberately did the tests outside of the base because we were most interested to see and<br />
concerned to see where these chemicals may have moved off the base.<br />
Senator RHIANNON: So the middle of last year is when your first testing occurred?<br />
Mr Grzeskowiak: That is when the first testing occurred. The results came in a few weeks later. So that is<br />
why we went to the Hawkesbury, close to RAAF base Richmond, last year and had the community information<br />
session—to advise people of what we had found and to explain a little about what we know of the historical use<br />
of these chemicals globally, the current state of play in terms of health effects and that we would be back fairly<br />
early this year for an investigation. In fact, next week, on 8 March, I think, I will be back in the Hawkesbury at<br />
the next community information session talking about the investigations that are due to commence there very<br />
shortly.<br />
Senator RHIANNON: I want to stay with this issue of the date. Are you aware that a submission to the<br />
Senate inquiry by former defence director of environmental impact management Colin Trinder said he had<br />
conducted the first review into problems with the firefighting foam in 2003? He said in 2002 he had received<br />
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reports about fish kills where the foam had got into the waterways adjoining the Richmond and Amberley RAAF<br />
bases.<br />
Mr Grzeskowiak: I am certainly aware of Colin Trinder and the submission that he made to the inquiry. As<br />
you would be aware, until some years ago, Colin Trinder was a member of the defence environmental group. So,<br />
yes, we are aware of that.<br />
Senator RHIANNON: Considering the way you have just answered the question, when I asked you about a<br />
date and you said six months ago, are you saying that what Mr Trinder said is not true, or did you forget? Why the<br />
contradiction?<br />
Mr Grzeskowiak: No. Until he made that submission to that inquiry, the information that he brought to bear<br />
at that point was not widely known by the people who are currently working with this problem. We have said all<br />
along that Defence started taking action on these chemicals of concern from around 2003. In 2004, decisions were<br />
made to move away from the legacy product, the 3M Light Water, and use a different product, which is called<br />
Ansulite. The transition occurred from 2004. As I have previously said in these forums, we knew these foams<br />
were used, but I do not think anybody really appreciated that the potential for the contaminants to spread outside<br />
of bases was as much as we have subsequently discovered.<br />
Senator RHIANNON: We have to go back to the issue of dates. You really are starting to enter a grey area. I<br />
have asked you twice about the Trinder reference. Did you forget about that reference, or are you saying that it is<br />
not accurate? You said very clearly that the first testing was six months ago, which puts us in the middle of 2016.<br />
Mr Grzeskowiak: The first testing we had done, certainly while I have been involved, was six months ago at<br />
Richmond. We deliberately tested off the base to see if the PFAS chemicals had moved off base. We found low<br />
levels of the chemical off the base. That is why we are moving into a more in-depth on and off base investigation.<br />
Senator RHIANNON: You have just used the term 'while I have been involved'. That was not how I phrased<br />
the question. You have made a study of the whole thing. Again, this is a specific question about Trinder. Were<br />
you aware of the Trinder study? I understand you have said yes.<br />
Mr Grzeskowiak: Yes. I am aware of it.<br />
Senator RHIANNON: You have said yes. Do you accept the information in that submission, or are you<br />
disputing the accuracy of it?<br />
Mr Grzeskowiak: No. I am not disputing the accuracy. I have given you my answer about the testing we have<br />
done at RAAF base Richmond and outside of RAAF base Richmond. I think the issue now is that we are moving<br />
forward with a more detailed investigation. We are engaging with the community again next week. We want to<br />
really understand at the various places where these chemicals were used if there are any issues and how we fix<br />
them.<br />
Senator RHIANNON: Thank you. Minister, will you be honouring the promise you made during the 2016<br />
election campaign to visit the Williamtown community post the election?<br />
Senator Payne: Yes. At some stage. I know that the department is heavily engaged. I might ask Mr<br />
Grzeskowiak to talk about some of the work that is being done in remediation in particular at Williamtown. You<br />
would know that we have installed—and it has been operating, I think, since September or October last year—a<br />
very significant water treatment plant on—<br />
Senator RHIANNON: Lake Cochran.<br />
Senator Payne: Lake Cochran.<br />
Senator RHIANNON: I am happy if you take this on notice. I want to go back. I did ask you a specific<br />
question. It is eight months since the election, Minister. I really think, just for your own standing, surely you<br />
should give a commitment. It is more than eight months since you made that promise.<br />
Senator Payne: Yes, Senator.<br />
Senator RHIANNON: Are you saying you will go in six months, or are you going to keep it open-ended? It<br />
is not a good look.<br />
Senator Payne: Currently I have spoken to, very briefly, Ms Swanson, the local member. I am happy to visit<br />
at an appropriate time.<br />
Senator RHIANNON: Thank you. This is a quick question. The Williamtown community reference group<br />
meets in secret. Why does it have to meet in secret?<br />
Senator Payne: I think it is a reference group conducted by the New South Wales state government, but I<br />
might be wrong.<br />
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Senator RHIANNON: So it has nothing to do with you?<br />
Senator Payne: We attend by invitation. As I understand it, it is a—<br />
Senator RHIANNON: So you have made no request for it to be in secret? You would be happy for it to be<br />
public?<br />
Senator Payne: Of course not.<br />
Senator RHIANNON: You would be happy for it to be public?<br />
Senator Payne: Well, I am happy with whatever arrangements the New South Wales government think are<br />
appropriate. It is an organisation that they operate.<br />
CHAIR: Thank you, Senator Rhiannon. On that same topic is Senator Kitching. Then I will go to Senator<br />
Kakoschke-Moore.<br />
Senator KITCHING: Minister or Mr Richardson, could you commit to a progress report, perhaps, on the<br />
contamination and the remediation process? Is that possible?<br />
Senator Payne: Indeed. We have a lot of work that has been done by the defence department with regard to<br />
our own sites where remediation has commenced. We would be happy to provide an update on that on notice.<br />
Senator KITCHING: That would be great. I want to ask a technical question. Is it where there are water<br />
sources where the water table is high, for example, where there is a particular problem? If it is on air force<br />
bases—in airfields, for example; that is where it has been used—it may well have been used in civil aviation. I am<br />
thinking about that.<br />
Senator Payne: Senator, that is most definitely the case. This is not a matter isolated either in Australia or<br />
internationally to defence facilities. Civilian airports, firefighting services such as rural firefighting services where<br />
other firefighting foams have been used, and commercial properties where there has been training on the use of<br />
firefighting foams for extinguishing liquid fires are also vulnerable in that regard. It is most definitely not a matter<br />
contained to defence sites.<br />
Mr Richardson: I might add that it was also used in waterproofing of clothing. It is also used in what is put<br />
on carpets for stain prevention and the like.<br />
Air Chief Marshal Binskin: Scotchgard.<br />
Senator GALLACHER: Teflon.<br />
Senator Payne: I will ask Mr Grzeskowiak to respond in relation to your questions about water tables and<br />
those sorts of circumstances.<br />
Mr Grzeskowiak: So the issue is interesting. Part of the reason why the investigations we do have to be so<br />
thorough is that we need to understand how the chemical moves in the environment. It is not a chemical that can<br />
evaporate, so it does not move in the wind, but it can soak into soils and then travel with water through various<br />
water courses. What we have learned through the detailed investigations that we have done so far is that the way<br />
the chemical moves in the ground is not always obvious. So we need to do significant hydrogeological studies.<br />
The consultants that we use to do this have the highest pedigree in terms of qualifications. They will access all the<br />
available hydrogeological information that exists. They conduct extensive research into the mapping of how the<br />
chemicals flow around in the water. In some cases, it is obvious. If it is surface water, it runs through a drain. That<br />
is one mechanism.<br />
What we have discovered is that certainly if water goes underground, particularly in an area like Williamtown,<br />
which has got a very shallow water table that at times essentially reaches the surface, the flow and movement of<br />
these chemicals is unpredictable. So a lot of work has to be done to understand that. It is interesting to note that,<br />
for example, at Williamtown, of the properties where we have sampled water, something like 75 per cent of them<br />
do not have detects. I think at Oakey, 40 per cent of the properties we have sampled do not have detects. So we do<br />
a lot of work to map, in the case of a water table, where the underground plume might go. All that information is<br />
made publicly available when our reports are finished. So the potential for exposure for a person depends<br />
critically on the exposure pathway. The most common exposure pathway would be through drinking water that<br />
contains these chemicals, and the most common mechanism for that to occur would be by drinking bore water<br />
that has been extracted from the ground where the chemical has found its way into an aquifer. Some areas that we<br />
are looking at would have those sorts of features. Some would not. So if there is no exposure pathway, there is no<br />
exposure. That is why we need to do the very detailed examinations.<br />
I will talk a little more about the chemical. These chemicals are ubiquitous in the world. They have been used<br />
extensively since the 1950s for a whole range of applications. The majority of the chemicals that have been<br />
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produced have been used for two applications in particular. One is as surface coatings to prevent oil or water<br />
flowing through fabrics. So they are your stain resistant fabrics, carpets, curtains and furnishings and the like. The<br />
second large use is in food packaging. So until 10 or 15 years ago, your sandwiches were wrapped in glossy<br />
brown paper. These chemicals were the gloss, because they stopped grease going through the paper and kept the<br />
paper dry. The chemicals are no longer made in America and no longer made in Europe. Those production lines<br />
ran down in the early 2000s, but they are still made in parts of Asia. So it is entirely possible that people are still<br />
being exposed to the chemicals through products that are imported. There are no standards that regulate this<br />
product in food products at the moment.<br />
As a consequence of that, something like three per cent of the PFAS that was made, or the PFOS in<br />
particular—one of the chemicals—of the total production was used in firefighting foams. The rest was used in<br />
food packaging and stain-resistant fabrics and the like. So it is a relatively small amount we are talking about but,<br />
of course, concentrated in certain areas. So if you live in the Western world, you have been exposed to these<br />
chemicals. We all in this room have some of this in our bloodstreams. In fact, the health authorities regularly pool<br />
the blood samples, where they test random samples of blood from different people mixed together and they test<br />
for these chemicals. They always find it in the background.<br />
Senator GALLACHER: Mr Grzeskowiak, if you are unlucky enough to live next door to one of these<br />
Defence bases, you have had your property value destroyed. What does the minister have to say about addressing<br />
that concern?<br />
Senator Payne: Mr Grzeskowiak can also add to that.<br />
Senator GALLACHER: I would like to know what you think.<br />
Senator Payne: Well, if you would let me finish. Defence has been engaging with the major financial<br />
institutions and the Australian institute of property valuers to ensure that they have a clear understanding of the<br />
circumstances and the work that we are doing. That is the case particularly in relation to Williamtown and Oakey,<br />
but I will let Mr Grzeskowiak add to that.<br />
Mr Grzeskowiak: Our intent with these engagements—the last engagement was in December last year—is to<br />
try to help the property industry and the valuing industry understand about where these chemicals are so that as<br />
they are undertaking their valuations they can take that into account. But we cannot determine how a property<br />
valuer would determine value. We just want to educate that industry so that it understands that the chemicals are<br />
not everywhere—they are in some places—and maybe that can be taken into account.<br />
Senator GALLACHER: But that is avoiding the reality of the market. The market is saying that the<br />
properties are worthless because they are contaminated. You can go and argue with all the valuers you like, but if<br />
someone has had a significant asset demonstrably devalued by activity on the Defence base, you should be<br />
compensating.<br />
Mr Grzeskowiak: I did read a valuer's report from the middle of last year which looked specifically at the<br />
New South Wales area. It did not conclude that the properties were worthless. It did conclude that a devaluation<br />
had occurred. It did mention that property sales were continuing in that area, although at a lower rate than the<br />
previous year. Yes, from that evidence, there would be an impact. But I think it is a little extreme to say that the<br />
properties are worthless.<br />
Senator GALLACHER: So is there any Defence activity undertaken to ameliorate the damage that your<br />
neighbours have suffered as a result of Defence activity in firefighting foams contaminating their land, their bores<br />
and the like?<br />
Mr Grzeskowiak: The issue is being dealt with at a whole-of-government level, led by a PM&C taskforce.<br />
That is being dealt with at the moment and advice is being prepared for government consideration.<br />
Senator KAKOSCHKE-MOORE: There are four areas I would like to traverse, time permitting. The first<br />
relates to Pathway to Change. It has now been five years since the Pathway to Change strategy was announced.<br />
Has a review been undertaken to determine whether the aims of that strategy have been or are being met?<br />
Mr Richardson: What I would say is that, in the five-year program, that five years comes to an end in April<br />
this year. Last September, we commenced consultations with staff about a successor to Pathway to Change. We<br />
will certainly have one in place by the middle of the year. There are some metrics which you can use to show<br />
progress or otherwise in some areas—that is both ADF and APS.<br />
Air Chief Marshal Binskin: I can add a bit more to that, if you would like, from the ADF perspective. As of<br />
December last year, all the key recommendations and actions out of Pathway to Change—if you have the<br />
document, it is at the back of that document—have been finalised. We do look at feedback. We work closely in<br />
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collaboration with the Australian Human Rights Commission. They have been doing ongoing work with us. We<br />
also do unacceptable behaviour surveys. We get the information back and we track how we are going.<br />
As a part of the last unacceptable behaviour survey, in general, the information we got back is that there is a<br />
better understanding in the organisation now of the need for cultural reform and the benefits of that. We are<br />
seeing reported better handling of unacceptable behaviour at the coalface of the organisation and at the levels<br />
where this may be reported. So the early handling of it is better. That is probably due to a lot of the education. It is<br />
due to a lot of the education we have out there and the fact that we conduct briefings.<br />
In our leadership training, a lot of this is now included. We have had SeMPRO, which is the Sexual<br />
Misconduct Prevention and Response Office, brief 41,000 people in the last couple of years on mechanisms for<br />
reporting unacceptable behaviour and how they might action that appropriately. The report from the surveys is<br />
that people's view in the organisation is that leaders are being held more accountable and that there is confidence<br />
that leaders are promoting zero tolerance for unacceptable behaviour.<br />
Senator KAKOSCHKE-MOORE: Those were the findings?<br />
Air Chief Marshal Binskin: The behaviour survey, yes.<br />
Senator KAKOSCHKE-MOORE: How many of those surveys have been conducted in the past five years?<br />
Air Chief Marshal Binskin: We normally do one a year, but I will get you the exact timings of those.<br />
Mr Richardson: At least five.<br />
Senator KAKOSCHKE-MOORE: At least five. I have not been able to find any online, doing my own<br />
research. Do the results of those surveys get made public?<br />
Air Chief Marshal Binskin: We do have summary sheets, but we tend to use them for internal review and<br />
how to adjust the programs we have. But we also see it play out. Because of the 'what if' of all this, there has been<br />
a small 'so what'. It is only small, but we are seeing a small reduction currently in the reports of unacceptable<br />
behaviour from 2015 to 2016. So we are starting to see that come down. All this is also reflected in the<br />
observations of the Australian Human Rights Commission that is working with us. So we see that as being<br />
positive.<br />
The secretary said to you that we are coming up to five years in the March-April time frame. The 'so what' of<br />
this is: is it all done? No, it is not. Currently we are developing the next pathway, or whatever it may be called.<br />
We have had Defence senior leadership group meetings. We have had a number of meetings that have focussed<br />
on this. We have had leadership in the organisation out talking to personnel. I think the figure we got is about 50<br />
per cent of the ADF, and the APS has been a part of this. We are looking at where we take the next pathway to<br />
this. My view is that the focus now is on the increased capability for improved culture. That is what we are really<br />
looking at for where we want to go.<br />
There is one more point, and it is a really important one. Towards the end of last year, we released the<br />
commanders and managers guide to responding to family and domestic violence. We saw this as being very<br />
important. It is actually a bit of a cornerstone for us, because that document was reviewed and a part of that<br />
development was done in consultation with the gender equality and advisory board that we have, which is<br />
external to the organisation. We work with them on a quarterly basis. We get them into Canberra. Prominent<br />
corporate, industry, academic, journalist and Human Rights Commission representatives are on it. When we<br />
finalised this commanders and managers guide to responding to family and domestic violence, at the end of the<br />
meeting where they reviewed it those external people were adamant that we were leading the way in that policy<br />
on how it should be handled. I want to put that in there because, five years on, where have we come from and<br />
where are we? I think we are in a good space. We have a long way to go, but I think we are in a good space to be<br />
able to continue into the future.<br />
Senator KAKOSCHKE-MOORE: I suppose measuring, quantifying and describing cultural change can be<br />
quite a challenge in terms of the metrics that you need to use. I notice there was an unacceptable behaviour survey<br />
from ADFA, I think, in 2011. All the responses were made on an anonymous basis. Were the unacceptable<br />
behaviour surveys conducted in the past five years also conducted on an anonymous basis?<br />
Mr Richardson: Absolutely.<br />
Senator KAKOSCHKE-MOORE: Absolutely. Why, then, are these surveys not made public?<br />
Mr Richardson: Well, I do not know whether we have ever turned our mind to it. I do not know whether<br />
BHP make their surveys public. We initiated these ourselves. We do them because, as the leadership group, we<br />
want information as to how people are thinking and attitudes within the organisation.<br />
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Senator KAKOSCHKE-MOORE: In terms of the public perception and even Defence itself being<br />
comforted in the fact that Pathway to Change is working, having these surveys made public or at least a summary<br />
of the surveys being made public for the analysis of the plan would be helpful.<br />
Air Chief Marshal Binskin: We do have an executive summary. It is a facts sheet; it is a couple of pages.<br />
That is made public. We can show you where that is on the system, if you like.<br />
Senator KAKOSCHKE-MOORE: That would be great, thank you.<br />
Air Chief Marshal Binskin: Rather than all the thick, raw data, that is a good summary. It is warts and all, I<br />
will tell you. Some of it is not easy reading, but the facts are there. I guess the other part of it too—we did it with<br />
ADFA for a couple of years and then we rolled into the broader ADF—is who you compare us with, because noone<br />
else is actually doing it out there. It is not often I point to The Canberra Times, but I will point to The<br />
Canberra Times editorial earlier in the week. It compared how we approached ADFA and the concerns we had<br />
there and how the universities are approaching the colleges. They are just starting to get into this area. Again, we<br />
have probably been leading the way in the community in the way we have approached it. So it is difficult to<br />
actually compare us to anyone out there, when they are not doing—<br />
Senator KAKOSCHKE-MOORE: The same thing.<br />
Air Chief Marshal Binskin: The same thing, yes.<br />
Senator KAKOSCHKE-MOORE: Will there be a final review of Pathway to Change and the first five<br />
years, a document that we can look at to see how effective it has been? I know within the document there were six<br />
levers for implementation.<br />
Mr Richardson: We have not turned out mind to that. We will certainly consider that. We have been more<br />
focussed on one pathway not coming to a grinding halt in April, declaring victory and then turning our back on it.<br />
We have been far more focussed on, 'Right, this is coming to an end, this part of it. What do we do to continue it?'<br />
That is where we are focussing.<br />
Senator KAKOSCHKE-MOORE: I am in no way suggesting that a review of the first five years should<br />
preclude any consideration of a continuation of this, not at all.<br />
Mr Richardson: Sure.<br />
Senator KAKOSCHKE-MOORE: But I think it would be a helpful point of reflection, if I can put it that<br />
way.<br />
Mr Richardson: We will consider that, yes.<br />
Air Chief Marshal Binskin: I think it would be worthwhile to consolidate that as the point for the next<br />
pathway, or whatever we call it.<br />
Senator KAKOSCHKE-MOORE: That is right; the next one.<br />
Mr Richardson: I would also note that we have consulted with more than half the staff in Defence on<br />
Pathway to Change and what comes next. That has included the CDF and myself and other members of the<br />
leadership group meeting with whole ranges of people. That has included reflection about Pathway to Change. So<br />
we have certainly been reflecting on how successful or not we have been. We certainly have been reflecting on<br />
where we are. We are now working through where we go to next.<br />
Senator KAKOSCHKE-MOORE: I think it would be beneficial for those reflections to be recorded<br />
somewhere for us to consider too.<br />
Mr Richardson: We will consider that. We will consider it.<br />
Senator KAKOSCHKE-MOORE: Thank you very much. I would like to move on to my next line of<br />
questioning, which Air Chief Marshal Binskin touched on briefly in one of his responses, and that is SeMPRO. I<br />
have been on SeMPRO's website. While the option of making a confidential or restricted disclosure does not<br />
appear on the website's home page, it does appear on the report/disclosure page. It is quite clear that a person has<br />
two options—making a restricted disclosure or a non-restricted disclosure. When you click on the 'make a<br />
restricted disclosure' page, it sets out what support is available to someone who makes a confidential report and<br />
whether that person's information will be kept confidential. I saw from the website that there are some<br />
circumstances—and I stress that I think these are very reasonable circumstances—in which a person's information<br />
might not be kept confidential. An example is where there might be an imminent risk to their health or safety, or<br />
another person's health or safety; that is entirely reasonable. It has been put to me, though, that even the<br />
possibility of a restricted disclosure not remaining confidential might discourage somebody from coming forward<br />
to make that disclosure. Have you heard of those concerns before?<br />
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Air Chief Marshal Binskin: I can understand that some people would have those concerns. We have to weigh<br />
that up with our duty of care, though, and our legal responsibilities. We have pushed the bounds here, I think, of<br />
being able to keep an event restricted, and work with the wishes of the victim as much as we can. The concerns I<br />
would have is if something came to light where other people were in danger, not only the victim. I think we have<br />
the best balance there. But if someone has a better idea, we are always open to looking at it. Again, it is very<br />
difficult to compare us here because I do not know if there is any other organisation that is working in that way.<br />
Senator KAKOSCHKE-MOORE: It is my understanding that the US version of SeMPRO—SAPRO, I<br />
think, is its acronym—accepts restricted disclosures and that they will not ever report on them. Have you been<br />
made aware of that? Is that your understanding of the way SAPRO works?<br />
Air Chief Marshal Binskin: I will ask Brett Wolski, the head of people capability, in a minute. I am not<br />
aware of that, but I know that we looked at a number of models and looked at what the best was for Australia and<br />
the Australian legal system—our workplace health and safety laws and privacy laws. We tried to bring that all<br />
together for the best outcome from a victim-centric approach, which acknowledged that if there were risks and we<br />
knew about them and did not action them, we would not be able to answer the questions at the end of that.<br />
Senator KAKOSCHKE-MOORE: I understand.<br />
Rear Adm. Wolski: In answer to your question, we did go to the US and review the SAPRO organisation that<br />
the US established some years ago now. To be truthful, we decided we needed to keep some measures in there.<br />
We could not accept a restricted disclosure. In the Australian context, if another person were at risk or a minor<br />
were involved, we would be remiss in keeping that as a restricted disclosure.<br />
Senator KAKOSCHKE-MOORE: Of course.<br />
Rear Adm. Wolski: The case here in Australia was assessed. They are the rules we have in place. We have<br />
been very clear about that right from the inception of SeMPRO.<br />
Senator KAKOSCHKE-MOORE: You may need to take these questions on notice; I am conscious of time.<br />
Last time we met in October last year, you provided some statistics. At the time, 753 clients had received direct<br />
assistance through SeMPRO. Of those, approximately 300 were victims of sexual assault. Would you be able to<br />
provide the committee with an update on those figures on notice?<br />
Rear Adm. Wolski: Certainly. I can give it to you right now. Slightly over 800 have received assistance;<br />
approximately 320 are victims.<br />
Senator KAKOSCHKE-MOORE: Thank you. I will quickly move on to the subject of still-serving<br />
members who have been accused of serious sexual assault. This is a matter that we have raised a number of times<br />
before. Last time we met, and in response to questions on notice, you provided some updated figures on the<br />
number of people who were in the Australian permanent Navy, the Australian regular Army and the Air Force. It<br />
was 12 people in the Navy, nine in the Army and two in the Air Force who had been accused of serious sexual<br />
assault. Do you have updated figures on those for this year?<br />
Air Cdre Ehlers: Yes. We have an update for the matters that are still open as opposed to—<br />
Senator KAKOSCHKE-MOORE: That have been resolved.<br />
Air Cdre Ehlers: Yes. So on matters still open, the current numbers indicate that there are eight Australian<br />
Defence Force members still serving alleged of serious sexual matters that have not yet been resolved.<br />
Senator KAKOSCHKE-MOORE: And that is across the ADF, including Army, Navy and Air Force?<br />
Air Cdre Ehlers: Yes.<br />
Senator KAKOSCHKE-MOORE: You may not have this information here, but I will be interested to know<br />
if you could provide it on notice. What is the number of people who have made allegations of serious sexual<br />
assault and who have left the ADF subsequent to making those allegations?<br />
Air Cdre Ehlers: I will look at that on notice, but it is incredibly complex as to when the allegation was<br />
made. Many of the folks who came through the Defence Abuse Response Taskforce were not still serving at the<br />
time or, as their matter was dealt with, had subsequently left. So I doubt I can give you a totally accurate number,<br />
but we will look at giving you an indication.<br />
CHAIR: I will get you to hold it there, Senator Kakoschke-Moore. There will be time later this afternoon.<br />
Senator LUDLAM: Are there any plans resulting from the change of administration in the US for Australia to<br />
host additional US military assets either on our soil or in our ports?<br />
Mr Richardson: No. Nothing has been raised with us.<br />
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Senator LUDLAM: Late last year there were reports, although they were open-source reports, obviously, of<br />
an agreement to host the US F-22 Raptors for a period of time in the Top End.<br />
Mr Richardson: They have been here.<br />
Senator LUDLAM: They have been here. That is not based here, though? That is just a rotation?<br />
Mr Richardson: Yes.<br />
Senator Payne: Part of our Enhanced Air Cooperation arrangements.<br />
Senator LUDLAM: Okay. Do they fly—<br />
Senator Payne: As you know, there are two, I think, at Avalon at the moment.<br />
Senator LUDLAM: At Avalon? That is for the air show, though?<br />
Senator Payne: Yes.<br />
Air Chief Marshal Binskin: Yes. They are currently in Tindal on a deployment for exercise. Some of those<br />
aircraft went down to Avalon for the air show.<br />
Senator LUDLAM: That is Air Force. Anything useful that you can let us know about?<br />
Mr Richardson: There has been no additional naval hosting et cetera. There have been no requests made of<br />
us.<br />
Senator LUDLAM: Are these rotations considered deployments or are they strictly training?<br />
Mr Richardson: They are training.<br />
Senator LUDLAM: So they are not armed?<br />
Mr Richardson: There is live fire training.<br />
Senator LUDLAM: But they are not deployment?<br />
Mr Richardson: No.<br />
Senator LUDLAM: So these aircraft cannot deploy out of Northern Australia?<br />
Mr Richardson: Well, that is a different question. It is part of an annual rotation through Australia.<br />
Theoretically, they could deploy from Australia in an emergency. However, they are part of a rotation where the<br />
focus is on training. If there were a humanitarian disaster in the region, the marines in Darwin could theoretically<br />
deploy to assist in the recovery. But, again, the primary purpose is training.<br />
Senator LUDLAM: I think that is consistent with what was said before either by you or your predecessor<br />
pretty more than a year ago with regard to the marines. You are confirming that the air force aircraft could be<br />
used in the same way if an emergency or something arose?<br />
Mr Richardson: In extremis, yes.<br />
Senator LUDLAM: That is fine. I guess we will leave the naval stuff aside. As far as the US Air Force<br />
rotations through Tindal, are those aircraft capable of carrying nuclear weapons?<br />
Mr Richardson: Well, I would note that for many years the B-52 bombers have come to Australia. The B-1s<br />
have come to Australia. They are capable of carrying nuclear weapons.<br />
Senator LUDLAM: Thank you. That is enormously comforting. As to the expansion of the rotations through<br />
the Northern Territory, the same goes?<br />
Mr Richardson: What do you mean?<br />
Senator LUDLAM: Until reasonably recently, within the last two or three years, it was not usual practice for<br />
the US Air Force to be operating or rotating through Tindal.<br />
Air Chief Marshal Binskin: Actually, I would disagree. When I was flying at Tindal in the 1990s, the US Air<br />
Force was rotating through the Northern Territory on a regular basis.<br />
Senator LUDLAM: Okay.<br />
Air Chief Marshal Binskin: The US marines and the US Navy. So it is not unusual.<br />
Senator LUDLAM: Understanding, living in a port city myself, that when nuclear-capable vessels visit, they<br />
will neither confirm nor deny whether they are carrying such armaments, I presume that is still the official policy<br />
of the navy?<br />
Mr Richardson: Yes.<br />
Senator LUDLAM: Does that also apply to nuclear-capable bombers?<br />
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Mr Richardson: I would simply note what is on the public record in respect of US policy in terms of aircraft<br />
flying around nuclear armed. I would simply note that.<br />
Senator LUDLAM: And what is on the public record?<br />
Mr Richardson: I do not think you will find it is an everyday occurrence.<br />
Senator LUDLAM: That is not quite what I asked.<br />
Mr Richardson: You can work from first principles. You can look at what is publicly available.<br />
Senator LUDLAM: Or you could just give us a clear answer.<br />
Mr Richardson: You can draw your own conclusions.<br />
Senator LUDLAM: Just give us a clear answer.<br />
Mr Richardson: No. I think I have given it. I do not think I can do any more.<br />
Senator LUDLAM: You have not. You have obfuscated and told me to go and look at what is already out<br />
there.<br />
Mr Richardson: If you look at what is publicly available and you look at the purpose of the Enhanced Air<br />
Cooperation and you put all of that together, I think you can draw your own conclusions.<br />
Senator LUDLAM: Well, I do not want to draw the wrong conclusion, and I am sure you would not want me<br />
to either.<br />
Mr Richardson: I am sure you would not.<br />
Senator LUDLAM: So as far as what is on the public record for the navy, they will neither confirm nor deny<br />
whether—<br />
Mr Richardson: That is right.<br />
Senator LUDLAM: What is the case with US aircraft?<br />
Mr Richardson: I think the US neither confirms nor denies as a matter of course.<br />
Senator LUDLAM: So it is the same. That is all I am trying to establish—whether it is the same or whether<br />
there is a different policy.<br />
Mr Richardson: I am not aware of it being a different policy.<br />
Senator LUDLAM: I hope that you would be aware if there were a different policy.<br />
Mr Richardson: Yes.<br />
Senator LUDLAM: So it is possible that nuclear armed bombers are transiting through Australia?<br />
Mr Richardson: No. I will not agree with that, I am sorry. I just will not agree with that.<br />
Senator LUDLAM: Well, you cannot have it both ways. Either it is confirmed or it is not.<br />
Mr Richardson: Senator, I think we have said what we can on this. I would simply leave it to people to draw<br />
their own commonsense conclusions.<br />
Air Chief Marshal Binskin: I am with the secretary. That is why we are in a diarchy. You are not going<br />
down a commonsense approach, sorry. Look at the authorities that sit around nuclear weapons and security in the<br />
US and look at the US policies. I think you are heading down a non-commonsense approach.<br />
Senator LUDLAM: You just told me that, as far as you are concerned, the US government would neither<br />
confirm nor deny whether aircraft are carrying nuclear weapons through Australia. Then when I said, 'Does that<br />
therefore mean it is possible that they are?', you said no. Just choose one and I will move on.<br />
Mr Richardson: I understand the contradiction you are pointing to.<br />
Senator LUDLAM: Great. We will get this resolved.<br />
Mr Richardson: No. I understand the contradiction you are pointing to. I also draw your attention to the<br />
commonsense position that underpins all of that.<br />
Senator LUDLAM: Which is what?<br />
Mr Richardson: Which is what I have pointed out to you.<br />
Senator LUDLAM: I think others will draw their own conclusions as well. On 4 March last year, 46 experts<br />
in international law wrote to you, Senator Payne, expressing their concern about Australia's policy of extended<br />
nuclear deterrence. The lawyers urged the government to review its support for the doctrine of extended nuclear<br />
deterrence in the light of the growing international movement to prohibit these weapons on humanitarian grounds.<br />
Firstly, has such a review taken place or is it currently taking place?<br />
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Senator Payne: No. It has not. And, no, it is not.<br />
Senator LUDLAM: Should I take it that settled doctrine is as it is read in the Defence white paper?<br />
Senator Payne: Broadly speaking, yes.<br />
Air Chief Marshal Binskin: Those experts might want to write to the DPRK at some stage, I would imagine.<br />
Senator LUDLAM: What is that supposed to mean?<br />
Air Chief Marshal Binskin: Well, from a nuclear proliferation point of view, there are a few nations around<br />
the world that are going down this path.<br />
Senator LUDLAM: Right. Do you think that Australia supporting the nuclear obliteration of North Korea<br />
makes anybody safer?<br />
Senator Payne: I will assume that is actually not a question for the CDF.<br />
Senator LUDLAM: Well, the CDF intervened and said that we should take our concerns to the North Korean<br />
authorities. If that was—<br />
Air Chief Marshal Binskin: No. I said the authorities.<br />
Senator LUDLAM: tongue in cheek.<br />
Air Chief Marshal Binskin: Yes, it was. I apologise for the tongue in cheek.<br />
Senator LUDLAM: It was. That is all right. We will both stand down.<br />
Senator Kim Carr: No room for humour here!<br />
Senator Payne: Certainly none for irony!<br />
Senator LUDLAM: Every now and again there is. Okay. So no review. First of all, are you familiar with the<br />
correspondence that I am referring to?<br />
Senator Payne: Yes. I believe I responded to it.<br />
Senator LUDLAM: I know that it is a while ago.<br />
Senator Payne: But I believe I responded to it. I recall a response of that nature.<br />
Senator LUDLAM: Thank you. So the lawyers wrote—I will quote from here—<br />
Senator Payne: I do not have a copy of the response.<br />
Senator LUDLAM: Yes, I understand that.<br />
Senator Payne: Life is not that serendipitous.<br />
Senator LUDLAM: I will not misquote them. They wrote that the use of nuclear weapons:<br />
… would almost certainly violate international law, given the uncontrollability of their blast, heat and radiological effects.<br />
Does the government agree?<br />
Senator Payne: My response was contained in that letter. I have no reason to change my views. We have no<br />
reason to adjust the position we have previously adopted.<br />
CHAIR: On that note, we will break for afternoon tea. We will resume at 3.45 pm with Senator Roberts and<br />
then Senator Carr.<br />
Proceedings suspended from 15:30 to 15:45<br />
CHAIR: Senator Roberts looks like he has been scratched by order of the stewards acting on veterinary<br />
advice, so I will go to you, Senator Carr.<br />
Senator KIM CARR: Thank you very much. While I am waiting for Senator Xenophon, because there are<br />
some matters that we wish to deal with that coincide, perhaps I could just take up another matter. Secretary, we<br />
were discussing this morning the question of capability and the consequences of managing outsourcing. Are you<br />
aware of the recent ANAO reports on the education department and the immigration department—one in regard<br />
to the VET FEE-HELP scheme and one in regard to the management of contracts for garrison services and<br />
procurement? They are two related reports. Are you familiar with them?<br />
Mr Richardson: No, I am not. The Department of Defence specialises in giving the ANAO a lot of work. We<br />
do not have time to read reports that they do in respect of others.<br />
Senator KIM CARR: I expected you would answer something along those lines. There were concerns raised<br />
by the Auditor-General, and the common theme of those reports on those two departments was the capacity of the<br />
departments to manage contracts.<br />
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Mr Richardson: Yes.<br />
Senator KIM CARR: This involved very, very large sums of money, which your department, of course, also<br />
has to manage. The reports essentially raised questions, I think, about the capacity of those departments to<br />
manage effectively. Are you satisfied that Defence project management capacities prevent cost blowouts? Do you<br />
have the capacity to monitor and control costs, the appropriate quality and accountability frameworks to manage<br />
risk, and sufficient data to gather and data analytics with regards to contracts to get ahead of management<br />
problems—basic intelligence about what is occurring within a contract regarding administrative arrangements?<br />
Do you think you have capacity to actually manage contracts with the downsizing?<br />
Mr Richardson: In general, yes, but our performance is variable. I think the ANAO reports would suggest<br />
that. In some areas, we have performed very well indeed, and there have been some specific projects where our<br />
project management has been less than what it should have been.<br />
Senator KIM CARR: Do you rely upon contractors to manage contracts?<br />
Mr Richardson: Most of that work is done by the APS, but we do get assistance in some specialised areas<br />
from outside.<br />
Senator KIM CARR: Is it not exactly the area that is core business for the APS—to actually manage<br />
contracts?<br />
Mr Richardson: Yes. As a general rule, I think—I stand to be corrected—it is the APS. But I think, in doing<br />
that, there may be occasions when they do get some specialised assistance.<br />
Senator KIM CARR: Are you satisfied with that in general—that you have the capacity but not always?<br />
Mr Richardson: I am satisfied that with a staff ceiling on our APS workforce of 18,200, we have the numbers<br />
to be able to do our job effectively. The first principles review highlighted the need to lift the skill set in some<br />
areas. Indeed, the first principles review suggested that with the right skill set we could manage with an APS<br />
workforce of under 17,000. I think that would be unrealistic and we have not sought to go there. Neither has the<br />
government.<br />
Senator KIM CARR: No.<br />
Mr Richardson: But certainly I think we have not yet completed all the skilling up that we need to do as<br />
recommended by the first principles review.<br />
Senator KIM CARR: I turn to the question of the return to order that was put to the Senate on 9 November<br />
2016, co-sponsored by me and Senator Xenophon. It concerns the $500 million design and mobilisation contract<br />
between the Commonwealth and DCNS that was signed on 30 September 2016. Minister, you indicated to the<br />
Senate that you were not going to provide the Senate with a full copy of those documents. You provided a<br />
redacted copy on 8 February. You claimed public interest immunity. On 8 February, the Senate resolved not to<br />
accept that declaration. Do you stand by your response?<br />
Senator Payne: I do, Senator Carr. I set out the details in my letter to the President of 8 February, which I am<br />
happy to provide for the record.<br />
Senator KIM CARR: Thank you. I am sure other senators would be pleased to have that. The document I<br />
have in front of me here was tabled on 9 February.<br />
Senator Payne: My position has not changed.<br />
Senator KIM CARR: It has not changed. I wonder why not.<br />
Senator Payne: For the reasons that I set out at the time. I have made clear in my correspondence that the<br />
government has recognised intellectual property and treated it, indeed, as a key element of establishing sovereign<br />
capability for the Future Submarine fleet. The approach that we are taking in that regard is centrally focused on<br />
not repeating the errors which were made in relation to the development of the Collins class submarines, which<br />
are well recorded. We have implemented with the government of France and with DCNS quite appropriate<br />
arrangements for the ownership of, and the rights to use, intellectual property. In that contract itself, the design<br />
and mobilisation contract to which you refer, we have secured appropriate intellectual property rights from DCNS<br />
to transfer submarine data to its capable industry partners in Australia, to establish that capability to operate and<br />
support the Future Submarines in Australia.<br />
The details of intellectual property arrangements with DCNS are commercially sensitive. Because of the<br />
commercial value and the sensitivity of those intellectual property rights, the Commonwealth has agreed with<br />
DCNS that those intellectual property provisions remain confidential between the parties. It is our view that<br />
disclosure of the terms that DCNS has provided to the Commonwealth may have the outcome of causing damage<br />
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to DCNS in the competitive marketplace. I would also say that disclosure of the terms of the intellectual property<br />
rights in contravention of our agreement with DCNS could also cause damage to our relationship with France as a<br />
trusted partner to receive and use the submarine technology that is highly sensitive to France in accordance with<br />
the terms that were agreed with DCNS in France for that technology to be transferred to Australia.<br />
So, in providing the redacted version that was given to the Senate, we were endeavouring to be helpful. We are<br />
fully aware of the concerns of the Senate and of individuals in the Senate that Australia not repeat the errors, if<br />
you like, or the omissions which were of concern in relation to the Collins class submarines. That lack of<br />
intellectual property rights did have a significant impact on our ability to maintain, update and upgrade the fleet<br />
when we wished to. It had a direct impact on our capacity to operate the submarines as required. So we are very<br />
acutely aware of the importance of the right approach to our intellectual property, and that is why we were so<br />
careful in relation to the arrangements with DCNS. I would also say that we had those arrangements reviewed by<br />
independent counsel outside Defence; they are not part of the Defence organisation. As I said, they are<br />
commercially sensitive. They are confidential in nature and the government has not changed its position on that.<br />
Senator KIM CARR: Minister, you have used the word 'may' on several points in that explanation. Putting<br />
that to one side, these are judgement questions. That is why I presume you have used the word 'may'. It is your<br />
judgement that these could be commercially sensitive. It may have effects with regard to our international<br />
relations with France. Is that the basis on which you are using the word 'may'?<br />
Senator Payne: No. I would say we are talking about events that may occur in the future. That is why I would<br />
use the word 'may'.<br />
Senator KIM CARR: I see. You have indicated that there is an agreement in place. Is that a contractual<br />
agreement that is in place that you will not provide that information to the Senate?<br />
Senator Payne: Effectively, yes.<br />
Senator KIM CARR: So the Commonwealth of Australia has entered into an agreement not to provide that<br />
information?<br />
Senator Payne: Not to make it public, Senator. Mr Johnson may wish to add more. We agreed to the<br />
confidentiality of certain provisions agreed under the contract, and that is the government's position.<br />
Senator KIM CARR: What was the date of that?<br />
Senator Payne: I will ask Mr Johnson to add to that.<br />
Mr Johnson: Minister, you have it exactly right. These are terms of agreement of protecting that information<br />
not from the government, not from appropriate official review but from public release and public information.<br />
Senator KIM CARR: So it is available in another form if it is not public? Is that what you are saying?<br />
Mr Johnson: No. As the minister has already pointed out, we have brought in independent counsel to review<br />
those provisions and to ensure that the adequacy of our approach is thorough and appropriate.<br />
Senator KIM CARR: Thank you.<br />
Mr Johnson: And that has been upheld on numerous reviews.<br />
Senator KIM CARR: The chairman of the committee, at the beginning of the session, drew the attention of<br />
witnesses to the order of the Senate of May 2009 specifying the process by which a claim of public interest<br />
immunity should be raised. It specifically reminds that information in a document that is confidential and consists<br />
of advice to government is not a statement that meets the requirements. It says that witnesses are required to<br />
provide specific indication of the harm to public interest that could result from the disclosure of the information.<br />
To date you have not done that. You have indicated that these are speculative questions about what might happen.<br />
Senator Payne: Well, they have to be. They are in relation to future events.<br />
Senator KIM CARR: Well, who is the independent pre-eminent counsel that you have referred to?<br />
Mr Johnson: I will have to take that on notice. We have done a number of reviews.<br />
Senator KIM CARR: Is that information secret as well?<br />
Mr Johnson: No. It is not secret. It is not at immediate recall. I may find it and be able to bring it to you later<br />
this afternoon.<br />
Senator KIM CARR: You have indicated that the assessment of this unnamed person was that these matters<br />
were commercially sound. What do you mean by commercially sound?<br />
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Mr Johnson: I will reset the discussion. We are in fact talking about an FOI request that started on 19 October<br />
2016. The redactions to that document were applied under section 33 of Australian regulations. Information<br />
bespoke—<br />
Senator KIM CARR: I will intervene at this point. I am referring to a return to order from the Australian<br />
Senate, not an FOI request.<br />
Mr Johnson: I was going to start at the beginning. On 9 November, there was a notice of motion from the<br />
Senate. On 1 December 2016, the minister wrote to the Senate president advising that the design and mobilisation<br />
contract can be tabled with redactions and intellectual property terms and commercially sensitive information of<br />
the contract not tabled after due regard for commercial and public interest immunity claims that apply. I can<br />
explain what those are, if you like.<br />
Senator KIM CARR: That is the point of my question. Specifically—<br />
Mr Johnson: So those are allowed.<br />
Senator KIM CARR: You can skip through some of your talking points. I suggest to you that the minister<br />
has made a statement. I am particularly interested in (1) who the independent pre-eminent counsel is—you are<br />
going to take that on notice—and (2) the basis for the assertion, made by the minister and you today, of this being<br />
a commercially sound practice. What is the basis of that claim?<br />
Mr Richardson: I might add that in our judgement and the judgement of independent counsel, release of the<br />
information could be expected to have an adverse effect on the business of DCNS by disadvantaging their<br />
competitive edge over their competitors. The disclosure of material may advantage those competitors in future<br />
tender processes. Disclosure is highly likely to affect the future supply of information or services to the<br />
Commonwealth under the design and mobilisation contract and potentially future submarine contracts. We also<br />
believe that the release of the identified information would affect the ability of the Australian government to<br />
maintain a good working relationship with France.<br />
Senator XENOPHON: With Senator Carr's indulgence, what we are seeking is what intellectual property<br />
rights Australia has in the context of an intellectual property dispute. We do not need to know specific<br />
commercial terms, simply what rights the Commonwealth of Australia would have if there were a dispute. You<br />
are familiar with the Federal Court case involving Kockums AB v Commonwealth and the 2001 Federal Court<br />
decision where that was raised. You are probably familiar with what Lieutenant General Christopher Bogdan, the<br />
head of the F-35 fighter program acquisition program in the United States, says:<br />
What I'm experiencing is the classic example that if you do not think about this upfront you're dead in the water at the back<br />
end of this. We didn't think much about this upfront in the F-35. We didn't write anything into the contract very well. To this<br />
day—<br />
he added—<br />
We don't train our program managers, contracting officers, or even our lawyers that advise us on what this monster is.<br />
That is as recently as late last year. What issue is there? Is there not an overwhelming public interest argument to<br />
at least know broadly what our rights are in the context of a dispute? The foundations of that right ought to be<br />
disclosed to the taxpayers of Australia.<br />
Mr Johnson: So, in answer to your question about our right to ensure that we follow through on lessons<br />
learned from Collins, I would start with the original announcement by the Prime Minister. This was the selection<br />
of DCNS as the preferred design partner subject to commercial agreements. Those in many ways revolve around<br />
intellectual property. What we have done with DCNS, Lockheed Martin Australia and the government of<br />
France—some of the intellectual property is owned by France—is secure the ability to establish a sovereign<br />
submarine capability with the right intellectual property afforded both to the government, to the Commonwealth,<br />
as well as our key vendors who have a role in the operation of sustainment. So, as you point out correctly, in the<br />
case of Collins, that lack of intellectual property impaired our ability to maintain the Collins class, which we have<br />
since recovered. You heard testimony earlier that we have made a remarkable change in the viability of Collins. It<br />
is that very much hard learned lesson that is at the core of all the work we are discussing with respect to ensuring<br />
that we have the right intellectual property arrangements.<br />
Senator XENOPHON: Well, what veto rights does the government of France have over the Commonwealth<br />
with respect to the foreground IP developed under the contract, including rights under the Wassenaar<br />
arrangement? Does the government of France have a veto right over the foreground IP referred to?<br />
Mr Johnson: My legal counsel is not available today, so I will take that question on notice.<br />
Senator XENOPHON: I asked a number of these questions specifically in question on notice No. 338.<br />
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Senator KIM CARR: This goes to the heart of our concern. If you are saying we cannot have access to the<br />
particular documents, we want to know the scope of the Australian government's rights with regard to this<br />
contract. What we have been told is that an unnamed independent—<br />
Senator XENOPHON: Eminent.<br />
Senator KIM CARR: Eminent, pre-eminent counsel.<br />
Senator XENOPHON: Not Dennis Denuto?<br />
Senator KIM CARR: Yes. That is right.<br />
Senator XENOPHON: It is not Dennis Denuto?<br />
Senator KIM CARR: Has assessed this and that there is some commercially sound approach. It is not the<br />
question just so much of the commercial soundness of the issue that I am concerned about. It is the rights of the<br />
Commonwealth of Australia with regard to this contract. Are you telling us we cannot have that information?<br />
Mr Johnson: I am telling you we have that information.<br />
Senator KIM CARR: You have it. We want it. Why can the Senate not have that information?<br />
Senator Payne: For the reasons that I have explained. In providing the redacted version of the document, we<br />
endeavoured to provide the Senate with as much information as we could. It is also fair to say that we are a short<br />
way through this process in relation to contracting arrangements between us and DCNS. We will have to agree<br />
future contracts in relation to construction and other potential areas over time. I think the approach that we are<br />
taking, as I have explained it to you, is one which we have agreed with our counterparts. We intend to honour<br />
that. The government has not changed its position from the one I outlined to the Senate earlier in February.<br />
Senator KIM CARR: What was the date on which you received this independent pre-eminent counsel's<br />
advice?<br />
Senator Payne: I do not have the date, but I will find out for you.<br />
Senator KIM CARR: What was the cost of getting this assessment?<br />
Mr Richardson: We will take that on notice.<br />
Senator KIM CARR: And what was the basis of the assessment itself? Stating that it was commercially<br />
sound is not going to be an adequate response here. What was the basis on which the judgement was made that it<br />
was commercially sound? What material was available to allow that assessment to be made?<br />
Senator Payne: We will take those questions on notice.<br />
Senator KIM CARR: This is a limited tender, is it not?<br />
Senator Payne: A limited tender?<br />
Senator KIM CARR: Yes.<br />
Mr Gillis: We have actually made the selection of DCNS.<br />
Senator KIM CARR: That is right. It is very limited. It is limited to one.<br />
Mr Richardson: Well, there was an evaluation.<br />
Senator KIM CARR: There was an evaluation but then a limited tender with this particular provider.<br />
Senator Payne: No. I do not think that is the right terminology.<br />
Senator KIM CARR: Well, how would you describe it?<br />
Mr Johnson: It is a contract with a particular supplier.<br />
Senator Payne: Yes.<br />
Senator KIM CARR: That becomes the result of the tender. You have a preferred provider with a specific<br />
contract with that one provider. There is no measure of competitive value for money, is there? In the<br />
circumstances, we are dealing with one contractor.<br />
Senator Payne: Well, that is not the case. I explained in my earlier remarks and I have explained in my<br />
correspondence that the engagements in relation to intellectual property are some which have high commercial<br />
value. This is a competitive market in which our contracting partner is working. It is not value neutral in that<br />
regard.<br />
Senator KIM CARR: In terms of the arrangements that you have entered into, is there a provision for the<br />
Commonwealth to establish a sovereign capability and technological transfer arrangement?<br />
Mr Johnson: Yes.<br />
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Senator KIM CARR: What is the nature of that capacity?<br />
Mr Johnson: The nature varies by who and what the subject is. In some areas, the nature and the<br />
arrangements are with the French government. In other areas, it is with DCNS France directly. In other cases—in<br />
the case of major equipment—it is both with DCNS France as well as the supplier of those major equipments. All<br />
of these requirements are intended to ensure that we have the right information and the right intellectual property<br />
and the ability to use Australian industry to build and maintain submarines.<br />
Senator KIM CARR: And that is obviously our concern. The question, though, is about Australia's rights to<br />
establish a sovereign capability, not the French rights to establish.<br />
Mr Johnson: This is Australia's right.<br />
Senator KIM CARR: This goes to the question of future sustainment, does it?<br />
Mr Johnson: It does.<br />
Senator KIM CARR: But areas of future sustainment are not covered by this arrangement?<br />
Mr Johnson: At this point, there are no areas uncovered. But the flipside of that is it is very early in the<br />
process and so I guess you could ask that question each session.<br />
Senator KIM CARR: Of course we will. But the question, Mr Johnson, then arises: how can you possibly<br />
answer a question in the way you have when you have not made these arrangements?<br />
Mr Johnson: Because we are at the start and you would want factual information—<br />
Senator KIM CARR: I certainly would.<br />
Mr Johnson: based on each step. What we have now are contracts and deeds of commitment and a required<br />
strategy to provide the intellectual property needed to build and sustain a submarine operation in Australia.<br />
Senator KIM CARR: So you engaged this independent pre-eminent counsel, what, before you signed the<br />
contract or after?<br />
Mr Johnson: Well, actually, both.<br />
Senator XENOPHON: Hang on. Would you not get legal advice before the contract was signed?<br />
Mr Johnson: I could not quite hear you.<br />
Senator XENOPHON: Would you get legal advice before the contract was signed?<br />
Mr Johnson: Absolutely. That is why I said both. Both before and after.<br />
Senator XENOPHON: Why would you need legal advice after the contract was signed?<br />
Senator Payne: Because this is an ongoing process.<br />
Senator XENOPHON: For instance, does the IP agreement allow submarines built in Australia to be<br />
exported to another country, or does the IP agreement restrict it to just use by the Royal Australian Navy?<br />
Mr Richardson: I can say now, and pick me up if I am wrong, that these are not submarines that could be<br />
exported. In terms of Lockheed Martin, in terms of the US weapons system, in terms of the technology from<br />
France, these are not export versions of submarines.<br />
Senator XENOPHON: Thank you. In terms of the background IP, does the Commonwealth have to pay a<br />
royalty to DCNS for its use in respect of the IP? So we pay for it, but do we have to pay royalties?<br />
Mr Johnson: No. There is no provision for a royalty payment in the contracts today.<br />
Senator XENOPHON: What about tomorrow?<br />
Mr Johnson: Nor is one expected going forward. The contracts we have today are at the beginning. It is a<br />
multistep process.<br />
Senator XENOPHON: The contracts we have today. So it is possible that the contracts in the future—<br />
Mr Johnson: So the contract we have today has no royalty payment in it. The contract that we are going to—<br />
Senator XENOPHON: So can anyone at the table rule out that there will be royalties paid in the future?<br />
Mr Richardson: I think Mr Johnson is answering that.<br />
Mr Johnson: There is no provision or requirement for royalty payments. And, going forward, we do not<br />
expect any requirement for royalty payments.<br />
Senator Payne: Senator Xenophon and Senator Carr, I and the government want to be helpful in this to the<br />
extent that we are able. I have made the reservations clear in relation to the correspondence with the Senate.<br />
Perhaps a way to address your questions is through the questions on notice process. We will answer to the extent<br />
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that we are able in the detail that we are able. We may come back to the committee and seek a private meeting or<br />
a public meeting, depending on how that pans out, to see if we can assist the committee further.<br />
Senator XENOPHON: Finally, in relation to that, I do not think question on notice 338 that I tabled on 12<br />
January this year has been answered. Can you give me an idea when it may be answered?<br />
Senator Payne: I do not think we have any outstanding questions, but I will check that.<br />
Senator KIM CARR: We thank the minister for her offer. We would be only too happy to engage in that<br />
process.<br />
Senator Payne: So let us see if we can assist in that.<br />
Senator KIM CARR: It is a very reasonable proposition. There is an issue here about our capacities as<br />
distinct from the French government's capacities. I personally am very concerned about whether or not there is a<br />
veto arrangement in the middle of these arrangements. Are there any vetoes there for the French government?<br />
Mr Johnson: No.<br />
CHAIR: They have got no power of veto?<br />
Mr Johnson: No. This is a commitment to go forward without veto now. It is a commitment limited to the<br />
design, building and sustainment of the future submarine.<br />
Senator KIM CARR: And that includes future IP development?<br />
Mr Johnson: Absolutely.<br />
Senator KIM CARR: Arising from these? Presumably, we will modify them and there will be new<br />
capabilities developed.<br />
Senator Payne: And we have made that quite clear right from the very beginning. The life of the future<br />
submarine is multiple decades long. We know that the first and second submarines will not be the same as the<br />
sixth and seventh, for example, because of the progress of technology and progress generally speaking, one<br />
imagines. So we will take that approach if we can agree on that and determine what we are able to make available<br />
to the committee through a questions on notice process. It may be constructive at some point in time to either<br />
have a further public meeting or a further private meeting with the committee as appropriate.<br />
Senator KIM CARR: Thank you.<br />
CHAIR: Thank you, Minister.<br />
Senator FAWCETT: I have some questions for the Chief of Air Force.<br />
Air Chief Marshal Binskin: While the Chief of Air Force is coming up, and while Senator Xenophon is<br />
there, I have some more food for thought. The ration packs supplied to the Australian Defence Force as part of the<br />
contract with the Prepack Ltd are not supplied to the New Zealand defence force. They are only provided for our<br />
defence force.<br />
Senator KIM CARR: So do the New Zealanders use these at all?<br />
Air Chief Marshal Binskin: No. That is what I just said.<br />
Senator KIM CARR: I understand what you have just said.<br />
Air Chief Marshal Binskin: They would have ration packs. I would not know what they have.<br />
Senator KIM CARR: And how much Australian content is in the New Zealand pack?<br />
Air Chief Marshal Binskin: I do not know. I will take that on notice, if you like. Would you like a ration<br />
pack as well?<br />
Senator KIM CARR: I would be delighted.<br />
Air Chief Marshal Binskin: We will organise that.<br />
Senator KIM CARR: Thank you very much.<br />
Senator XENOPHON: Thanks for dinner.<br />
Senator FAWCETT: I will not ask you what ration pack you had for lunch today. Likewise, as with your<br />
other service chiefs, I want to take you back to the portfolio budget statements just to check on the progress of a<br />
number of things that were highlighted there. The Woomera range remediation Joint Project 3024 Phase 1, at the<br />
time of the PBS, was not under contract. My understanding is that is now under contract. Given the vital<br />
importance of that range not only to our legacy air systems but particularly to the Joint Strike Fighter in terms of<br />
its testing and training, can you just give us an update on where that project is at and how its timeline will interact<br />
with the introduction to service of the Joint Strike Fighter?<br />
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Air Marshal Davies: The range remediation project is on time. We are looking at the first elements of that<br />
being initiated in 2017, with the bulk of the work being done through 2018 and mid-2019. So at this point, even<br />
with a little bit of contingency, we will have the bulk of the remediation done certainly before IOC but about the<br />
same time as we stand up 3 Squadron with AIR 35.<br />
Senator FAWCETT: Can you refresh the committee on the value of the project? At this stage, do you know<br />
whether Australian radar technology will be included?<br />
Air Marshal Davies: It is in two parts. I do not have the value.<br />
Senator FAWCETT: You can take that on notice; that is fine.<br />
Air Marshal Davies: I will take that on notice. The initial part of the project has modest Australian industry<br />
content, but the extension for some of the detection equipment, radars in particular, restructured it so that it<br />
maximises the opportunity for Australian industry content, CEA in particular.<br />
Senator FAWCETT: Sure. I will take you to AIR8000 Phase 2. The PBS outlines a number of activities that<br />
are still outstanding with the aircraft. I want to ask you about certification. My understanding is it was bought on a<br />
civil certification basis.<br />
Air Marshal Davies: Yes. C-27J was around the time that we were acquiring. As you would remember, the<br />
US was considering divesting. So the progress of that militarisation or the certification under the US air force did<br />
not occur as we purchased C-27J. There are a couple of certification elements that we are going through now. The<br />
aircraft is flying, effectively. Minister Payne declared IOC in December last year on time for C-27J. Two pieces<br />
need to be worked through now. One is the G loading of the aircraft, which also includes an element of increasing<br />
the floor loading. The United States Air Force has a higher floor loading for the aircraft. We need to do the testing<br />
and the certification to go to that level. The second element in C-27J being worked on is the heads-up display.<br />
That is not at a certification standard we could use for high intensity low-level tactical flying. So there is a<br />
remediation in place for that through Leonardo and L3 to rebuild, effectively, the heads-up display.<br />
Senator FAWCETT: So is that something that they are funding, or is that something that the Commonwealth<br />
is having to fund?<br />
Air Marshal Davies: I do not have an answer to that, actually.<br />
Air Vice Marshal Roberts: The certification effort is part of the project cost. It is something that we are<br />
working with Leonardo, though, on. They have some level of civil certification and we are just working with<br />
them to make sure that that is enough for us to actually finalise that. So they actually have some certification<br />
through the European aviation safety authority. We have to have an overview of that. So there is some cost to us,<br />
but essentially Leonardo provide us with their certification information that they have already put together.<br />
Senator FAWCETT: So at least as an offset, is this an opportunity for us through our structures people—<br />
flight testers et cetera—to grow the skills and competence of our people who are perhaps not being utilised as<br />
fully as they could for many of the FMS purchases to do the fatigue testing? I believe explosive ordnance was<br />
another area that was not covered in the civil certification.<br />
Air Vice Marshal Roberts: Certainly in terms of the structural certification efforts for the C-27J, we are<br />
working with the DSTG. There will be certainly a level of Australian involvement in that program. We were<br />
hoping to join with another country and share some of the certification effort for the C-27J. At this stage, we will<br />
be able to take in the majority of that ourselves with DSTG input to it. So there will be quite a lot of, I suppose,<br />
experience and education for people and our engineers in DSTG in Australia for that particular certification<br />
program.<br />
Air Marshal Davies: I will add to that. It is likely that the Royal Australian Air Force will be the lead hours<br />
owner of C-27J in probably about four or five years. So we will need that information—hence the need to lead.<br />
Senator FAWCETT: This rolls into our new approach to determining value for money when Defence is<br />
giving briefs to government for first and second pass. Will this kind of follow-on activity, where we identify<br />
something that is commercially off the shelf but then we have all these add-on costs to make it fit for purpose, be<br />
rolled in so that government and parliament have a clear view upfront of what the whole of life cost is as opposed<br />
to just the shelf price?<br />
Air Marshal Davies: That is one of the key elements of the new capability lifecycle approach. It is identified<br />
early. It is what the investment committee now need to be able to make a decision, so my answer is yes.<br />
Air Vice Marshal Roberts: I would add that even though these things sound like they are additional to what<br />
was asked for in the project, because of the way we have changed the FMS arrangements on this project, we have<br />
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not changed the level of funding that will be required to do the additional elements. So it is all within the current<br />
project cost as we originally planned it.<br />
Senator FAWCETT: Sure. Thank you. The PBS also talks about an acquisition of seven non-directional<br />
beacon systems. My understanding is that the civil aviation world is scaling back NDBs in favour of GPS guided<br />
approaches. I wonder if you could give the committee an update as to why we are investing in them when the rest<br />
of Australia's aviation infrastructure is reducing their holding?<br />
Air Marshal Davies: I would not say we are investing in NDB. It is probably more accurate to say we are<br />
retaining a number of NDBs for two reasons. One is we still have aircraft that rely on NDB as part of their<br />
approach or instrument landing criteria. Otherwise they would have only one source. Of course, you know<br />
yourself that having two certainly gives you more options and allows you to carry less fuel et cetera. So that is<br />
one part. The second is that, internationally, NDB still prevail. So we have a desire to have NDB training<br />
available to those crews that would use it. But Air Force intention—and it will be something we will move<br />
towards—is a medium term NDB retention. We will get out of NDB in due course when those other requirements<br />
are met.<br />
Senator FAWCETT: I understand we also have overseas operations and things where people would need it?<br />
Air Marshal Davies: We do. Internationally, NDBs still exist. There are places that we go to so we need to<br />
retain that skill set, yes.<br />
Senator FAWCETT: I had the opportunity to meet with the DOT&E group that used to be headed by Mr<br />
Gilmore until recently in the States. I specifically discussed with them their most recent report and their memo to<br />
Congress late last year on the Joint Strike Fighter program. I wonder if you would care to update the committee<br />
on Air Force's view of that. I think the report as it stood presented a set of facts that raised a number of questions.<br />
I also spoke to the Joint Program Office. They presented an alternative view of those set of facts that was far more<br />
optimistic. I am just interested to get on the public record Air Force's view on that report.<br />
Air Marshal Davies: The Dr Gilmore report is a regular report. It is something we welcome. It does keep in<br />
clear public view those things about the program. Even as recently as yesterday afternoon, actually, Lieutenant<br />
General Chris Bogdan at Avalon was talking about F-35 and it being a program that is making good progress but<br />
still has issues. Dr Gilmore's report highlights those issues. The overall comment I would make is that that report<br />
is 12 months in lag. It is reporting on what has occurred up to the time of report writing. Over the series of reports<br />
from DOT&E, there is nothing that remains in the F-35 program that is either not already fixed or the cause of<br />
which has not been identified and the remediation path set. We are closing off those issues with the program, all<br />
of them at this point except for the operational testing program, which was due to finish at the end of 2017. They<br />
will now finish, we think, about March 2018, but there could be some contingency. That is why we are saying<br />
complete by the middle of calendar year 2018. That still gives us over a year and a half of time for those tests and<br />
the software load, which is 3F, to be complete well before we start our aircraft arriving for 3 Squadron.<br />
Senator FAWCETT: I have one final question on the JSF. There has been some media reporting about its<br />
participation in Red Flag. Can you just update the committee on which models are participating in Red Flag and<br />
what the outcomes have been? Is it the A model that Australia uses?<br />
Air Marshal Davies: A models do fly at Red Flag, but I am actually not sure whether it was all A models or<br />
whether B models flew as well.<br />
Air Vice Marshal Gordon: My understanding is it was all A models that flew in the most recent Red Flag.<br />
Some of the statistics that were passed to me out of the scenario is that they launched a planned 207 missions and<br />
achieved 207 missions. They had a kill ratio of 20:1. They took out 49 of the 51 planned sand sites that they had<br />
during their missions. So they consider that it was quite a successful deployment.<br />
Senator FAWCETT: Was that Joint Strike Fighter working in isolation, or was that in conjunction with F-22<br />
and other platforms?<br />
Air Marshal Davies: That was in a coordinated mission where many of those tasks of the air to ground and<br />
air to air were occurring simultaneously with their ability to coordinate both the F-15 and F-16 strikes as well.<br />
Senator FAWCETT: Sure. I guess I would be interested, given we do not have the same spread of platforms<br />
that the US does, if there are any aspects of that that you can provide to the committee that look at the<br />
performance of the Joint Strike Fighter with comparable system elements that Australia may be using in terms of<br />
its performance against the kind of aggressive threat that was evident in Red Flag. That would be a useful<br />
benchmark, if you like, to have at this point in its development.<br />
Air Marshal Davies: Okay.<br />
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Senator FAWCETT: That would be great. My final question, Air Marshal Davies, is around the PC-9<br />
replacement program. We touched very briefly earlier on your role as a capability manager now that the first<br />
principles recognition of industry is a fundamental input to capability. Your obligation now is to look at your<br />
workforce, for example, in aerospace engineering more broadly. I wonder with a program like this coming up<br />
whether there are opportunities that you see in that program, and the contractual structure we will have with it, to<br />
exercise Australian industry, DSTG staff or Air Force staff to expand opportunities for them to grow competence<br />
as part of your management of that FIC?<br />
Air Marshal Davies: For that particular project, 5428, the PC-9 to PC-21—by the way, PC-21 is parked down<br />
at Avalon at the moment in 2 FDS colours; it looks magnificent—the shift will not be dramatic. It is not a blue<br />
suit work force on the flight line. It is a contracted support arrangement. But my understanding, and Air Vice<br />
Marshal Roberts will be able to expand here, is around it being very similar. Our relationship with Pilatus has<br />
been very good, allowing both Australian engineering and Australian SNT to remedy a number of issues we have<br />
had with PC-9, which is a growing number as it ages. That has been a quite harmonious relationship. It is still a<br />
Swiss company. They produce the aircraft. I do not see that relationship changing. It has been a small but useful<br />
element of operating the PC-9.<br />
Senator FAWCETT: AVM Roberts, perhaps I can focus the question a little more for you. With the PC-9, I<br />
think as Air Marshal Davies indicated, there was work on the empennage, where there were fatigue issues. Both<br />
Australian industry and government employees did a lot of that engineering work, which developed a whole range<br />
of skills. But often under the legacy approach to considering value for money, it may be seen as quicker and<br />
cheaper just to defer everything back to the OEM. What I am looking for is an indication that, as we roll out DIPs<br />
and we look at our sovereign industrial capabilities, and that workforce crosses uniformed and civilian, Defence<br />
will be looking proactively for those opportunities to use existing contractual arrangements to deliver whole of<br />
life—in fact, whole of capability—value for money by growing the competence in our workforce that may in two<br />
years be supporting the Joint Strike Fighter or some other platform. This may be the most cost effective way to<br />
actually develop the competence in that aerospace engineering.<br />
Air Vice Marshal Roberts: I do not know whether that was a simpler question. I think the complexity of it is<br />
quite significant. I will go to the PC-9 and the PC-21, though, and the workforce that is associated with that. The<br />
commercial arrangements for the PC-9 involve Pilatus, Airflite in Western Australia and a level of uniformed<br />
workforce. The contractual arrangements for the PC-21 involve Lockheed Martin as the prime, with Pilatus and<br />
Hawker Pacific, who do some work on our B-300s as well. We have looked at this very closely. I have had all of<br />
those industry partners in a room looking at how we maintain the skills that we need to sustain that aircraft, the<br />
PC-9, for its life of type and the PC-21 moving forward. So we have looked at that for the industry workforce and<br />
the balance of industry and Air Force mix in there and DSTG.<br />
Some of the small companies in east Sale, like Aquila, who do quite a bit of design work on the PC-9 now,<br />
provide us with a link directly to Pilatus when we have had some of those significant issues. Those companies<br />
will still be involved in this whole sustainment effort for the PC-21. So, in that context, we really are trying to<br />
maintain the skills that we need to have in Australia to be able to do the level of asset management that we need<br />
to do in Australia. We will always have to go back to the original equipment manufacturer for some information<br />
and they will always be involved. In that case, Pilatus will always be involved in both of these capabilities.<br />
But in a much broader context, in terms of the sorts of things we are trying to do for maintaining our skills<br />
technically to become smart buyers in the future, in many of our contracts now, even though the arrangements are<br />
such that we have a very small Commonwealth footprint, we have actually embedded engineers and technicians<br />
so that they can learn the sort of skills they need to be able to be those future managers. So that is the method that<br />
we try and use now to grow our workforce. That includes APS grads as well in that workforce as we try to<br />
develop the skills for the future smart buyer.<br />
CHAIR: Thank you for that.<br />
Senator KITCHING: I want to ask about the Shoalwater Bay and the Townsville field training area. There is<br />
an MOU between Australia and Singapore and it has the status of a treaty. Is that correct?<br />
Mr Sargeant: Yes. We have an MOU that we have signed on 6 May as part of the joint agreement on the<br />
comprehensive strategic partnership Australia developed with Singapore. It was announced that Australia and<br />
Singapore would jointly develop training areas and facilities in Australia. On 13 October 2016, a memorandum of<br />
understanding on the training area access and joint development initiative was signed by the respective defence<br />
ministers. This represented formal bilateral agreement on training area requirements.<br />
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Senator GALLACHER: Is that a specific base that is notified in that MOU, or is that any base that we<br />
operate?<br />
Mr Dewar: The first point is that it is an MOU so it does not have treaty status. It is an MOU, not a treaty.<br />
Senator KITCHING: It does not have treaty status?<br />
Mr Dewar: No. MOUs do not have treaty status. The MOU identifies the scale of the increase that we will be<br />
offering Singapore. It does identify that we will work on Townsville field training area and Shoalwater Bay<br />
primarily to provide that.<br />
Senator KITCHING: Why was that spot chosen?<br />
Mr Sargeant: As part of the development of the agreement with Singapore, a whole range of options was<br />
looked at. A range of different training areas were looked at. It was developed in the context of Singapore's<br />
requirements, the Australian army's requirements. As the negotiations proceeded over a period of months, it sort<br />
of crystallised that Shoalwater Bay training area and the Townsville field training area were the most suited to<br />
meet those requirements.<br />
Senator KITCHING: What were the grounds of suitability?<br />
Mr Sargeant: There were a number of considerations. One was the Singaporean training requirements—what<br />
they needed to do when they were doing their unilateral training in Australia. The other was the suitability of the<br />
infrastructure and existing facilities. Another part of it was the logistics and cost of the various options. For<br />
example, Bradshaw in the Northern Territory was one option that was looked at early, but the cost of Bradshaw is<br />
much more expensive and it is not useable for various periods of the year. So all those considerations went into<br />
the mix. As the process developed, Shoalwater Bay training area and Townsville—<br />
Senator GALLACHER: Was Cultana in it?<br />
Mr Richardson: I might add that the ADF requires more training area. There are two things that drive this.<br />
The main thing is ADF requirements. There is the agreement with Singapore. Singapore was also keen on having,<br />
for very understandable reasons, training facilities that were close to a largish centre or a centre, which is fine.<br />
Bradshaw was not suitable on those grounds. Bradshaw is also used a lot by the US marines on a rotational basis.<br />
Cultana did not quite meet the overall needs. Our ADF preference is to expand Shoalwater Bay and Townsville.<br />
That also suited our agreement with Singapore.<br />
Air Chief Marshal Binskin: I will get the Chief of Army to talk about what the requirements are. We get into<br />
the operational requirements for the raise, train and sustain within the ADF.<br />
Mr Richardson: Thank you.<br />
Lt Gen. Campbell: We look at our training areas linked to the key manoeuvre brigades around which the<br />
Australian army bases its major training activities and then brings together elements of the wider ADF and,<br />
indeed, the international partners. The 1st Brigade is based principally in Darwin but with elements in Adelaide,<br />
the 3rd Brigade is in Townsville and the 7th Brigade is in Brisbane. For the Darwin based brigade, we have<br />
training facilities at Mount Bundey, Bradshaw and Cultana. Cultana provides a very useful all-weather open<br />
environment manoeuvre space for large formations. Bradshaw is not all year around and there is some<br />
consideration to the soil composition, wet conditions and so forth. But our requirements centred on large-scale<br />
manoeuvre operations and training for the 1 st Brigade are covered. In the 3rd Brigade and 7th Brigade, it is less so<br />
as we continue to develop the capabilities within the Australian army.<br />
Let me explain that. Our army has over the last four years and continuing adapted its structure so that, as far as<br />
possible, the 1st, 3rd and 7th brigades are like brigades; they are commonly structured. Those structures are based<br />
now and into the future on a vehicle equipped brigade model, where we see Bushmaster vehicles, tanks, currently<br />
ASLAV light armoured reconnaissance vehicles and M113 tracked vehicles. But we will, with the introduction of<br />
Land 400, see far more modern and capable combat reconnaissance vehicles and infantry fighting vehicles join<br />
with our Abrams tanks. The combination of vehicles produces both a far more capable brigade effect—the<br />
combat power is greater—and situational awareness, with the capacity to reach out and influence, and to detect<br />
and be aware. It is a far more sophisticated brigade. It means that we can operate, and need to operate, with more<br />
dispersed formations that are interconnected and can reach out and touch our adversaries at far greater distances.<br />
It ought not congregate en masse in ways that would present for an adversary a very attractive target. So we are<br />
talking about more powerful, more capable and more mobile but also needing to be more dispersed to be<br />
effective.<br />
That has led us to look for the ADF, for the army, to the opportunities available around the Townsville field<br />
firing range and the Shoalwater Bay training range. As I noted, Cultana presents a lot of opportunity and a lot of<br />
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space. We are always looking in these three brigade areas for a combination of typographies and vegetation. We<br />
do dismounted operations and closed country operations, mountainous or rugged terrain manoeuvre as well as the<br />
more open country space, where the larger vehicles would operate.<br />
With regard to the best development of the skills that are centred around those major equipments of Land400<br />
vehicles combined with our Abrams tanks, we are looking for the rolling or open terrain corridors that allow for<br />
the complex manoeuvre of company groups. So that is combinations of 10 to 20 of these mechanised vehicles to<br />
battalion group. That might be combinations of 50 to 100 vehicles manoeuvring in bands across, as I say, a more<br />
dispersed environment and over a longer distance around that manoeuvre corridor. We need enough space when<br />
we wish to use live fire so that the weapons systems can fire safely in the manoeuvre corridor. Any ricochet or<br />
bounced round will then naturally expend its momentum safely inside a templated area within the range.<br />
As our weapons systems have become more sophisticated, the distance that those ammunitions fire to and the<br />
potential for skip rounds to go further means that we need a larger space around the manoeuvre corridor. So in<br />
places like Townsville or Shoalwater Bay, you see a mixed typography environment, outstanding training for<br />
dismounted and some training corridor opportunities for mounted in these more sophisticated vehicles. When we<br />
undertake this kind of training, we need to respect and recognise the environmental management responsibilities<br />
we have to essentially rotate the training weight on the environment through a number of manoeuvre corridors<br />
over a number of years to ensure the regeneration of land and the development and maintenance of that<br />
environment. We have been practising this in quite a number of our training areas throughout our history. We<br />
appreciate that we need to plan now for the introduction of these vehicles so that we can consistently train and be<br />
confident of maintaining the environmental integrity of the ranges.<br />
The additional component that Shoalwater Bay provides for us that is quite unique in the world is the<br />
opportunity for large-scale amphibious lodgement rehearsal activity. There is opportunity to use the capabilities<br />
inherit in the two major amphibious vessels, HMAS Canberra and Adelaide, as well as the logistics support<br />
vessel HMAS Choules. That is an unprecedented capacity in the modern ADF for the conduct of manoeuvre by<br />
sea and onto the shore. Shoalwater Bay is a location that provides for that in a way that no other range area does.<br />
You need to look at the combination of the vehicles, the land care responsibilities and the need to present<br />
challenging and varied training opportunities for our people. They should not become stale and the training<br />
predictable, such that people are constantly going over the same location every year. If it is the same, training<br />
becomes boring and ineffective and capability reduces. That is why we are looking first in the ADF for the<br />
opportunity to expand and, in particular, to expand areas that give us additional manoeuvre corridors for land<br />
armoured vehicle manoeuvre in and around the Townsville and the Shoalwater Bay training areas.<br />
In addition to that consideration, we have the agreement with Singapore, which I would say is a wonderful<br />
opportunity for the development of the military to military relationship. It provides an opportunity for Singapore<br />
to undertake training activities for their own unilateral professional development and to have combined training.<br />
Senator KITCHING: I agree. I think that is important.<br />
Lt Gen. Campbell: So I think there is a strong basis there to sensibly develop the range capabilities now as<br />
we are planning and putting into service the more sophisticated capabilities that will require that space.<br />
Senator KITCHING: I want to ask about—<br />
CHAIR: Give a very, very quick response if you can.<br />
Senator KITCHING: The compulsory acquisition has obviously been taken off the table. How are we going<br />
to service, I guess, the needs of that MOU, given that, without that compulsory acquisition, that area probably will<br />
not be chosen? I understand what you are saying about the training et cetera. But in relation to the MOU, how are<br />
we actually going to go forward on that if it cannot be there?<br />
Lt Gen. Campbell: I will turn to my colleagues in the state and infrastructure group. I think that we will find<br />
opportunities where voluntary land sale enables the kind of training I have described.<br />
Mr Richardson: It is still possible that there will be enough willing sellers to meet the requirements. We are<br />
also exploring possible fall-backs, which Mr Grzeskowiak, I think, could enlarge on.<br />
CHAIR: Would you make your response very quick, please. We are running out of time and we have a lot<br />
more to cover. So if you do have anything—<br />
Mr Grzeskowiak: There is not really much, actually, to say. The department is currently talking to a number<br />
of people about the possibility of selling. As has been said, we are only talking to people who want to talk to us<br />
and are interested in possibly selling. It is too early to say where that will take us to in detail.<br />
Senator KITCHING: Do you think—<br />
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CHAIR: Sorry, Senator Kitching.<br />
Senator KITCHING: I am just thinking commercially.<br />
CHAIR: Excuse me.<br />
Senator KITCHING: Will that be a lot more expensive?<br />
CHAIR: Excuse me. Senator Kitching.<br />
Senator KITCHING: On notice.<br />
CHAIR: Thank you. On notice, yes.<br />
Senator KITCHING: On notice I would like to understand whether that is going to be a lot more expensive<br />
to have voluntary sales of land rather than the compulsory acquisition.<br />
Mr Richardson: No. It will not be. That is the answer.<br />
Senator KITCHING: That is good. Thank you.<br />
Senator GALLACHER: I would just like to put on the record that we are nowhere near through our brief. So<br />
the possibility of a spillover day is right on the forefront of my mind and everybody else’s in the room.<br />
CHAIR: Thank you.<br />
Senator KIM CARR: While we are waiting for Mr Gillis to return, I am conscious of what Senator Gallacher<br />
said. Are the officers here that are able to assist us with Land400? I refer to a speech that you gave, Mr Gillis, on<br />
16 February regarding defence industries.<br />
Mr Gillis: Yes.<br />
Senator KIM CARR: Do you know the one?<br />
Mr Gillis: The ADM presentation?<br />
Senator KIM CARR: Yes. ADM. Are you familiar?<br />
Mr Gillis: From memory, yes.<br />
Senator KIM CARR: I am pleased to hear that. I notice a couple of things. First, not only do you and I share<br />
a very good name, but you are also a Footscray supporter.<br />
Mr Gillis: I am old enough to be a Footscray supporter.<br />
Senator KIM CARR: I am pleased to hear that.<br />
CHAIR: Is that a public immunity claim?<br />
Senator KIM CARR: Yes, it is. It is very limited but very successful, I might say. It is a team that has been<br />
rebuilding since 1954, so it has finally made it. In fact, I have a copy of your speech. You have talked about the<br />
need to build Australian industry capabilities. You list a whole lot of issues with regard to industry capabilities, to<br />
establishing force structure, ensuring industry skills are maintained, and training the workforce that is actually<br />
available, ensuring that we have enough engineers and scientists to support our not only industry but also the<br />
defence forces and so on. I looked at that, and my office provided you with a series of contracts overnight. I<br />
appreciate the fact that you have put so much effort into analysing them. It was not intended that you put the<br />
officers through that session.<br />
Mr Gillis: When you send us questions, we take it very seriously and put that into our responses.<br />
Senator KIM CARR: You do. I want to acknowledge to the officers that they have done that.<br />
Mr Gillis: Thank you.<br />
Senator KIM CARR: I have also advised my office particularly about the response from Defence when that<br />
happens. But I am concerned that your aspirations as outlined in this speech, which I concur with, are not being<br />
met in terms of our acquisitions. Would you like to comment on that? How long will it take to meet the<br />
expectations that you have raised in this speech?<br />
Mr Gillis: The speech was talking about the defence industry policy statement and the things where we are<br />
making changes. But these are things that we cannot change overnight. I think that you have asked about 20<br />
specific contracts. We do sign in excess of 16,000 contracts at varying levels across the organisation. I will go<br />
through a couple of them. One of the larger ones there was about Childers. You identified that it is Serco.<br />
Senator KIM CARR: Yes.<br />
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Mr Gillis: In that specific contract, that contract was for Serco, who is the incumbent contractor for the<br />
maintenance of the Armidale class patrol boats. We require them to go out to Australian industry to do the<br />
remediation of that particular vessel. That contract was actually won by Austal, an Australian owned company.<br />
Senator KIM CARR: Can you explain that?<br />
Mr Gillis: Although that contract under AusTender was to Serco and, as I said before, we had already had<br />
issues with Serco's ability to maintain those vessels, we required Serco to go to Australian industry to achieve. So<br />
that is just one of the examples you quoted there, where we actually ended up having an Australian company do<br />
it. But it is not obvious on AusTender that that second tier actually happened.<br />
Senator KIM CARR: I come back to the original question. How long will it take to meet the expectations<br />
that you have raised in this speech in regard to local content in defence procurement?<br />
Mr Gillis: I think the changes in the finance regulations that we were talking about this morning will have an<br />
impact. The defence industry policy statement, the establishment of the CDIC, the Centre for Defence Industry<br />
Capability, and all of these things go together to actually grow a capability in Australia. I refer you to General<br />
Coghlan on a great example, which is the Land400 example, which is what we are currently going through.<br />
Traditionally, that would have been a very low Australian industry component or a potentially low Australian<br />
industry component. With regard to the work we are doing on Land400 in the tendering phase and in the<br />
evaluation phase and working with those companies, I will pass to General Coghlan.<br />
Major Gen. Coghlan: I will give you an example from Land400. When the defence industry policy statement<br />
was released last year, we were ready to make a decision on our downselect. We took a pause to ensure that our<br />
Australian industry content plan was in line with the new defence industry policy statement. We used an<br />
independent company to conduct extensive discussions with industry and to look at our plan. They came back and<br />
said we had a clear and strong alignment with the policy. However, they did recognise that we could improve.<br />
There were four areas. The first one was that we needed to example the implications of the policy to improve<br />
Australian industry for Land400.<br />
I will just rephrase that. The four additional things we required the tenderer to do was to develop an<br />
opportunity to roadmap, indicating opportunities for Australian industry to become involved in the acquisition<br />
and support chain. There have been approximately 3,200 visits to the Land 400 website, and approximately 1,100<br />
of these have occurred after the roadmap was published. Another is to participate in defence facilitation<br />
showcases throughout Australia, where Australian industry can directly pitch their offerings to the primes selected<br />
for downselect. Another is to develop costed options at differing levels of Australian industry participation in the<br />
acquisition and support of Land 400 Phase 2, which may include a best price acquisition option, an option that<br />
includes Australian made components, an assembled in Australia option and for an option for a higher level of<br />
Australian manufacturing. Finally, opportunities for graduates, cadets or apprentices within the tenderer and<br />
Australian supplier network of any future acquisition and support contracts have to be identified.<br />
In support of the workshops, we conducted workshops throughout Australia between 7 October and later in the<br />
year. And 408 Australian and New Zealand companies registered to attend the workshops. Of them, 337 attended<br />
and presented their capabilities; 335 were Australian companies and two were New Zealand companies. These<br />
workshops were held in Geelong, Melbourne, Perth, Adelaide, Darwin, Townsville, Brisbane, Newcastle, Sydney,<br />
Canberra, Burnie and Hobart. In each workshop, the Australian company had the opportunity to pitch to four<br />
senior representatives from Rheinmetall and BAE. That was highly successful. In fact, a number of contracts or<br />
requests for quotes have been achieved outside the Land400 domain as a result of that workshop process.<br />
Senator KIM CARR: That is very good to hear. When do we expect the downselect process to be completed?<br />
Major Gen. Coghlan: We are due to go to government in the first half of next year.<br />
Senator KIM CARR: Next year?<br />
Major Gen. Coghlan: We are currently on track. We are going through a 12-month risk mitigation activity.<br />
The vehicles are currently at Puckapunyal undergoing testing. They will soon move to the Northern Territory for<br />
hot, dry and wet testing.<br />
Senator KIM CARR: To evaluate. Yes, okay. When do you expect an announcement to be made about the<br />
successful bidder?<br />
Major Gen. Coghlan: We are due to provide advice to government in the first half of next year.<br />
Senator KIM CARR: So it is essentially the same timeline. The Victorian government announced last week<br />
that Rheinmetall had shortlisted Victoria as a possible site for the company's military vehicle centre of excellence.<br />
Have there been any other commitments entered into or offered?<br />
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Major Gen. Coghlan: So Rheinmetall took an innovative approach. They went out to tender to state<br />
governments. They have down-selected two states for two final consideration—Queensland and Victoria. The<br />
Commonwealth has no position. The minister has stated publicly that where the vehicles will be built will be a<br />
commercial decision. That is up to the interplay between the tenderer and the states.<br />
Senator KIM CARR: It has been put to me that in regard to the submarine contract, though, the question of a<br />
national approach to industry development is one that industry wants to see but that has not necessarily been<br />
followed through at a government level. How do you respond to that suggestion?<br />
Mr Gillis: I think you had the answer from Stephen Johnson. We are doing a very similar industry<br />
engagement with very similar numbers across a range of industries and a number of organisations. The<br />
engagement has been very significant.<br />
Senator KIM CARR: For instance—<br />
Mr Gillis: The difference fundamentally is that we have an existing designed vehicle, so that we now know<br />
exactly what the requirements are and we can work directly with industry to say, 'Manufacture me a seat or a<br />
harness,' or a whatever. With the submarine, we are still in the very early stage of a preliminary design. Therefore,<br />
the engagements will be 'what is the capability level' as opposed to 'what is the actual Australian industry ability<br />
to manufacture a particular piece of equipment'.<br />
Senator KIM CARR: So has DCNS actually advised the government where they will put their design centre?<br />
Will it be in Australia?<br />
Mr Gillis: I will get Stephen Johnson, the head of the submarine program, to answer that question.<br />
Senator Payne: Are you finished?<br />
Senator KIM CARR: No. I have not. But it follows directly on from the question I just asked.<br />
Mr Johnson: So the question is: where is the design centre?<br />
Senator KIM CARR: Has DCNS advised the department where their design offices will be located? Will<br />
they be in Australia?<br />
Mr Johnson: That is a multipart answer. The design itself will predominantly be done—<br />
Senator KIM CARR: Our deputy chair has drawn our attention to the length of the answers. The multipart<br />
will be terrific. Brevity will also be appreciated.<br />
Mr Johnson: The design itself will be centred in Cherbourg, France.<br />
Senator KIM CARR: So the design centre?<br />
Mr Johnson: We will have our own building in France. Within that building, we will have about 100<br />
Australian support staff. At the end of the design, all the design authority and all the people, skills and intellectual<br />
property will be resident here in Australia. In between, we are working out at what point we transfer which part of<br />
that work. So it starts to a certain degree with training our people, doing the design and then bringing it to<br />
Australia.<br />
Senator KIM CARR: When do you expect that to occur?<br />
Mr Johnson: The design is starting now. Our personnel will start moving in June and July. They will be there<br />
for about five years. Some of them will be there a bit longer. The point at which we will bring the design to<br />
Australia will be not later than as we get ready to deliver the first ship. But it could be earlier.<br />
Senator KIM CARR: And where will that centre be located in Australia? Do you have any advice on that?<br />
Mr Johnson: We expect that we will do that at the shipyards so that we can collocate that design authority<br />
with the construction.<br />
Senator KIM CARR: I see. Thank you very much. I return to Land 400. At the last estimates, Major General,<br />
you indicated that the expected date for the operational capability will be to 2024. When will the first vehicles<br />
actually be available for the ADF?<br />
Major Gen. Coghlan: Noting we are currently in a tender situation, we expect 2020. The 2024 is an FOC<br />
figure. It is final operating capability, which is planned for the fourth quarter of 2024. For the phase 2 vehicles,<br />
the combat reconnaissance vehicles—<br />
Senator KIM CARR: So will the new finance department directives apply to those tenders?<br />
Major Gen. Coghlan: The AIC is a key component of that.<br />
Senator KIM CARR: So we expect that to happen. I will put the other questions on notice with regard to<br />
some technical answers that I was seeking. I appreciate your answers.<br />
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Mr Gillis: To go back to your original question about my speech and the presentation, as you can see, the<br />
investment we are making in engaging with Australian industry across the board has been significant. Not in my<br />
20 plus years involved with acquisition have I seen the government engaging with a level of industry that we are<br />
doing now. How long will it take? It will have to cascade through those many thousands of contracts that we<br />
have, so it will take us time. I can give you a commitment that the effort that we are putting in now is as much as<br />
we have in our capacity to actually deliver. That is focussing on those very big programs and big campaigns,<br />
which generate the most jobs.<br />
Senator KIM CARR: Let us take a specific case in terms of this process you mentioned—Defence Force<br />
parade shoes. What is the situation with those?<br />
Mr Gillis: While the general is looking for those, you have asked a lot of questions about uniforms.<br />
Senator KIM CARR: For good reason.<br />
Mr Gillis: One thing I will say is that the system program office that does our uniform purchasing for the<br />
Australian Defence Force has been doing an absolutely outstanding job. It is the Diggerworks program. The<br />
United Kingdom is coming to Australia to potentially establish what they would call a tommy works, which is<br />
best practice in how you develop combat clothing anywhere in the word. I would put us up against any other<br />
nation in the world in what we actually deliver. The team that delivers that has done an absolutely outstanding<br />
job.<br />
Senator KIM CARR: I think the combat uniforms are one thing. There is a high level of local content in<br />
them. I am interested in some of the dress uniforms.<br />
Mr Gillis: It is the same team. This is a great—<br />
Senator KIM CARR: They are not manufactured here, are they?<br />
Mr Gillis: No. But this is a great team of individuals doing this job.<br />
Senator KIM CARR: Well, that is not the question. I am not going to the quality of the public servants here. I<br />
am going to the quality of the uniforms and whether or not they are made here. Australian military personnel<br />
should be clothed in Australian manufactured garments. That is the proposition I am putting to you. I am asking<br />
you particularly now about the boots. We do have good boot manufacturers still in this country, do we not?<br />
Major Gen. Coghlan: What type of boots are you talking about? There are parade boots.<br />
Senator KIM CARR: The parade boots.<br />
Major Gen. Coghlan: There are combat boots. The parade boots for the Australian army are the R.M.<br />
Williams boots.<br />
Senator KIM CARR: R.M. Williams boots?<br />
Major Gen. Coghlan: Yes.<br />
Senator KIM CARR: And we will maintain that?<br />
Major Gen. Coghlan: Yes. We have an ongoing contract with them.<br />
Mr Gillis: We are one of the largest contractors that R.M. Williams has in Australia.<br />
Senator KIM CARR: And where are the parade shoes and the army dress uniform boots made?<br />
Major Gen. Coghlan: They are the same boot now.<br />
Senator KIM CARR: The same boot. What is the size of that order?<br />
Major Gen. Coghlan: For financial year 2016-17, our expenditure was $1.13 million in R.M. Williams.<br />
Senator KIM CARR: When does that contract run out?<br />
Major Gen. Coghlan: The initial contract was signed on 8 August 2013 for five years, with four optional or<br />
12-month options to extend past that time.<br />
Senator KIM CARR: And when does that matter come up for renewal, then?<br />
Major Gen. Coghlan: So 7 October 2018 is our first option to extend. As of a couple of weeks ago, we have<br />
issued 42,445 pairs of the R.M. Williams boots with another 3,500 within the supply chain.<br />
Mr Gillis: We have been very pleased with the quality of the product. For any of the senators that are in<br />
Salisbury in South Australia, I would commend a visit to the R.M. Williams factory. I have been buying them<br />
personally for a number of years. I now see that—<br />
CHAIR: I can see them.<br />
Mr Gillis: I think if you look under the table—<br />
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Senator KIM CARR: They look very good to see.<br />
Mr Gillis: You can see a series of them.<br />
Senator KIM CARR: I do not know how that will appear in the Hansard.<br />
Mr Gillis: Senators, I would recommend that if you are buying these things, going to the Salisbury factory is<br />
an experience well worth doing.<br />
Senator KIM CARR: So what footwear are Pacific Brands and Workwear Group providing?<br />
Major Gen. Coghlan: They provide the dress and court shoes for Navy and Air Force. They are supplied by<br />
the Workwear Group. That contract was signed on 7 October 2013 for a five-year initial term, with four 12-month<br />
options to extend.<br />
Senator KIM CARR: And why not R.M. Williams?<br />
Major Gen. Coghlan: They are a different item. Navy and Air Force have dress and court shoes. The court<br />
shoes are for females. Army no longer has that line.<br />
Senator KIM CARR: But presumably the dress shoes were of similar type to the R.M. Williams, were they?<br />
Major Gen. Coghlan: No. They are shoes.<br />
Mr Gillis: One of the issues for the Navy is that a white boot—<br />
Senator KIM CARR: A white boot? Is that what you mean?<br />
Mr Gillis: It was a controversial issue.<br />
CHAIR: Like Footscray. A white boot.<br />
Mr Gillis: I will not go there.<br />
Senator KIM CARR: And what was the reason? R.M. Williams do not provide that?<br />
Mr Gillis: R.M. Williams can. It is an issue of the dress uniforms and the chiefs of the Navy and the chiefs of<br />
Army and Air Force et cetera. They have their different standards of what they expect.<br />
Senator KIM CARR: What—R.M. Williams did not meet that?<br />
Mr Gillis: No.<br />
Major Gen. Coghlan: They do not make shoes.<br />
Mr Gillis: They do not make shoes. They are a boot manufacturer. If you are wearing shorts, you need to have<br />
them, and if you are wearing a dress. There are different requirements for uniform. It is very complex. Military<br />
uniforms are a very complex area.<br />
Senator KIM CARR: I hear that. Where are the Royal Military College's graduation uniforms manufactured?<br />
Major Gen. Coghlan: There was a contract out last year. It was a limited tender. They are made in China and<br />
Fiji, as are other ceremony uniforms.<br />
Senator KIM CARR: I see. Why is that?<br />
Major Gen. Coghlan: There was a limited tender. The current company that makes those uniforms for the<br />
remainder of the Defence Force, including ADFA, won that tender. It is Australian Defence Apparel.<br />
Senator KIM CARR: A limited tender?<br />
Major Gen. Coghlan: A limited tender.<br />
Senator KIM CARR: What—there were no Australian manufacturers able to make them?<br />
Major Gen. Coghlan: ADA is an Australian company.<br />
Senator KIM CARR: It is an Australian company but it is manufacturing offshore?<br />
Major Gen. Coghlan: It is manufacturing offshore. All those uniforms have been manufactured offshore<br />
since 2003 under successive governments.<br />
Senator KIM CARR: Now with the new guidelines, will that change?<br />
Major Gen. Coghlan: I am unsure, because when we went out to tender for the service dress uniform, no<br />
Australian manufacture option was presented by the tenderers.<br />
Senator Payne: Which we discussed on the previous occasion.<br />
Senator KIM CARR: We have discussed this before. I have already put to you how on other occasions that<br />
was not the case with regard to the exemptions to that arrangement. I am also told that R.M. Williams do produce<br />
shoes.<br />
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Senator Payne: They produce women's shoes, certainly.<br />
Major Gen. Coghlan: I will correct myself. They produce women's shoes.<br />
Senator KIM CARR: You indicated before they were not eligible to make them.<br />
Major Gen. Coghlan: I would not say eligible. On that contract there were three tenderers—Pacific Brands,<br />
Workwear Group, Baxter and Company, Jroberts Manufacturing, Taipan Footwear and a fourth tenderer, Trans<br />
Global Footwear Trading. So it would appear that R.M. Williams did not tender for that contract.<br />
Senator KIM CARR: And where are Pacific Brands manufactured?<br />
Major Gen. Coghlan: They are made in China and have been since 2003.<br />
Senator KIM CARR: I am not concerned about the date on which this process started. I am concerned about<br />
what is happening now.<br />
Senator Payne: I am sure you are not.<br />
Senator KIM CARR: Frankly, if I had known, I would have said something at the time, as we did about the<br />
slouch hat and a few other items. The point is there are provisions even in the old guidelines to do something<br />
about this. Now we have new guidelines, I am interested to know what impact the new guidelines will have for<br />
these procurements.<br />
Major Gen. Coghlan: In this procurement, it was a $920,000 contract.<br />
Senator KIM CARR: So it does not count?<br />
Major Gen. Coghlan: My current understanding is under $4 million, but I would have to take advice.<br />
Senator KIM CARR: Thank you. Thank you very much. I will leave it there.<br />
Senator LUDLAM: This is my last batch.<br />
CHAIR: Try and keep it fairly short, if you can.<br />
Senator LUDLAM: I will do. I will try to race through them very quickly. Can we please get a current cost<br />
estimate for the unit price of an F-35 Joint Strike Fighter? I am asking in the context of cost reductions that the<br />
US President appears to have negotiated with the contractors and possibly the government of Japan. So what are<br />
we looking at here in Australia?<br />
Mr Gillis: I will wait for AVM Gordon to come to the desk.<br />
Senator LUDLAM: This is open source reporting. I think the Japanese government appear to have negotiated<br />
a six to seven per cent reduction per aircraft, which is similar to what has happened in the US.<br />
Mr Gillis: Could you repeat the question?<br />
Senator LUDLAM: Yes. No trouble. I am looking for the current estimate of the unit cost of an F-35 Joint<br />
Strike Fighter for Australia.<br />
Air Vice Marshal Gordon: Our air cost model is based on an average unit flyaway cost of US$90 million.<br />
Senator LUDLAM: US$90 million. Is that a reduction on the last time you were asked that question?<br />
Air Vice Marshal Gordon: No. That has not changed.<br />
Senator LUDLAM: I do not know whether you were listening in from the other room or not. There appears to<br />
be a cost reduction in the United States and Japan. Has that not flowed through to the Australian proposed<br />
purchase?<br />
Air Vice Marshal Gordon: The most recent negotiated price for an F-35A is $94.6 million. That price is a<br />
reduction for lot 10 from the previous lots. That price, of course, has flowed through to Australia. We are<br />
estimating that there will be further reductions in the F-35 price. Indeed, yesterday at the Avalon air show,<br />
General Bogdan set the goal of an average price for an F-35A of $80 million. Previously he had been aiming at<br />
$85 million. So we do expect that those reductions will flow on to us.<br />
Senator LUDLAM: What does that amount to as the total capital cost or the total purchase price before we<br />
get into sustainment for the whole fleet?<br />
Air Vice Marshal Gordon: I am sorry, Senator, but I do not quite understand.<br />
Senator LUDLAM: Total cost of the acquisition.<br />
Air Vice Marshal Gordon: What is the total cost for the project?<br />
Senator LUDLAM: The total estimated cost.<br />
Air Vice Marshal Gordon: The current approved project cost is $17.2 billion.<br />
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Senator LUDLAM: If the reductions all the way down to $80 million come through, what would we be<br />
looking at then?<br />
Air Vice Marshal Gordon: I would have to calculate that, I am sorry.<br />
Senator LUDLAM: No dramas. Is that acquisition or is that sustainment over the life of the plane?<br />
Air Vice Marshal Gordon: They are the acquisition costs.<br />
Senator LUDLAM: What are the estimated total sustainment costs over the life of the aircraft?<br />
Air Vice Marshal Gordon: We do not have an estimate for the total life of sustainment at the moment. We<br />
have an approval for sustainment into the early 2020s and then we are due to come back to government with the<br />
figures for the life.<br />
Senator LUDLAM: There are estimates floating around—I do not know how reliable they are—for the total<br />
sustainment cost of the submarines. How come you cannot even provide us with an estimate for the aircraft?<br />
Air Vice Marshal Gordon: We have an estimate as to what it will be, but I would not put that as a figure at a<br />
Senate estimate inquiry.<br />
Senator LUDLAM: Why is it a secret? This is a budget estimates committee. This is what we need to do.<br />
Air Vice Marshal Gordon: I will have to take it on notice what the figure is. At the moment, the approval<br />
from government was to the early 2020s.<br />
Senator LUDLAM: What is the estimated life of the aircraft? How far into the future will be they operating?<br />
Air Vice Marshal Gordon: We are estimating their life of type will be around 30 to 35 years.<br />
Senator LUDLAM: You do not even have an estimate of 90 per cent of the estimated life of the aircraft as to<br />
what they are going to cost. Can you take on notice to provide us with the figure? If you do not have it with you,<br />
that is okay.<br />
Air Vice Marshal Gordon: Yes. Sure.<br />
Senator LUDLAM: What are their capabilities of the two aircraft that flew into Australia the other day that I<br />
gather are now down at Avalon and will be for the next little while? Are they just training aircraft, or are they<br />
ready to fly into battle? What can they and can they not do?<br />
Air Vice Marshal Gordon: Those two aircraft have the block 3I software loaded on them, which is not the 3F<br />
software that we will have delivered in our block 10 aircraft, which we are going to take to IOC.<br />
Senator LUDLAM: Just help me out with the acronyms.<br />
Air Vice Marshal Gordon: To our initial operation capability in December 2020. So there are some<br />
additional capabilities that will be delivered between now and when that block 3F software is loaded. So it is not<br />
the capability that we have agreed with government to deliver for that initial contract.<br />
Senator LUDLAM: This is just these two aircraft that I am talking about now.<br />
Air Vice Marshal Gordon: That is right.<br />
Senator LUDLAM: Apart from the software changing from 3I to 3F, do they lack anything else?<br />
Air Vice Marshal Gordon: It is mainly software.<br />
Senator LUDLAM: So what else?<br />
Air Vice Marshal Gordon: Recently released weapons in the US. As the program rolls out, the final<br />
capabilities as part of the system design and development—the demonstration phase—will be applied to those<br />
aircraft.<br />
Senator LUDLAM: But the hardware is identical to what will be the final build of the aircraft? The software<br />
weapons—<br />
Air Vice Marshal Gordon: The hardware is largely identical. There are some minor elements that are still<br />
going through their final firming up of the design, but they are small elements. Over 95 per cent of the aircraft is<br />
physically set.<br />
Senator LUDLAM: In order to not tie us up any longer here, could you table a bit of detail about what is in<br />
that other five per cent, just in case it becomes important later?<br />
Air Vice Marshal Gordon: Certainly.<br />
Senator LUDLAM: I gather from previous sessions on this aircraft that stealth is a No. 1 attribute. It has been<br />
criticised on a whole range of grounds as being an inferior aircraft to other fifth and even fourth generation<br />
aircraft. But stealth has always been posed as its area of superiority, I suppose.<br />
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Air Chief Marshal Binskin: I will get AM Davies to take you through that. Like always, it is a bit more<br />
complex than that and there is a bit more to the answer, but I think he will be able to give you—<br />
Senator LUDLAM: I turn up to learn stuff. That is fine.<br />
Air Marshal Davies: Low observability is a design feature of the F-35. It is an important element to allow the<br />
aircraft to be able to see a potential enemy and take the first action. The other larger parts of the F-35 make-up<br />
that make it fifth generation is its ability to coordinate and integrate disparate elements of sensors into one picture<br />
and then distribute that picture to any number of aircraft, ships and land components.<br />
Senator LUDLAM: So it is being described as a node in a network rather than a centre?<br />
Air Marshal Davies: Absolutely.<br />
Senator LUDLAM: Its ability to not be seen has been cited in these hearings and widely elsewhere as being<br />
one of its key capabilities.<br />
Air Marshal Davies: It is one of its key capabilities.<br />
Senator LUDLAM: I only recently came across this, but you guys do this for a living. Have you come across<br />
a Chinese radar system known as a quantum radar, which would completely make obsolete the stealth capabilities<br />
of the aircraft? They are not deployed, but it is just being written up in the defence process as something that<br />
exists.<br />
Air Marshal Davies: I read the same article. For as long as we have been fighting, we have had evolutions of<br />
different elements. That is range, accuracy and detection. This is a report that at this point we have no foundation<br />
and no substantiation of. Are there developments that will reduce the effect of low observable technologies over<br />
the next 20 or 30 years? It would be ridiculous to say there are not. But at this point, it is not simply a question of<br />
saying, 'There is a new radar; therefore, the F-35 is obsolete.'<br />
Senator LUDLAM: That is not what this article says and it is not what I am putting to you.<br />
Air Marshal Davies: Okay. It is an effect of an entire kill chain. It is about being detected. Anyone who<br />
would want to, in this case, affect the F-35 or its mission would need to track it and would need to be able to hold<br />
it long enough to be able to have an effect on that aircraft. There are a set of circumstances that would go to the F-<br />
35 being obsolete in that context. Therefore, at this point, we are not concerned with the report in terms of the F-<br />
35 being ineffective.<br />
Senator LUDLAM: I am getting the wind-up by the chair, so I might put these last two on notice, if I may.<br />
Firstly, in relation to what we are discussing here, could you provide us with any evidence that you have taken to<br />
validate that claim? You do not seem overly concerned?<br />
Air Marshal Davies: Not at this point, no.<br />
Senator LUDLAM: If you can provide us with the basis of your confidence that it is not going to render a<br />
$17 billion investment obsolete within the life of the aircraft, I would appreciate it. I guess as these aircraft arrive<br />
in Australia, this next issue is going to become more and more relevant. There is a lot of reporting about the<br />
weight of the helmets and how low-body-weight pilots might find their spine snapped if they are caused to eject.<br />
Firstly, are you aware of those claims? Secondly, what is your view of them?<br />
Air Marshal Davies: The helmet is extremely effective. Our four pilots have been flying with the helmet.<br />
They have no issue with the helmet in terms of their weight or their ability to eject should they need to.<br />
Senator LUDLAM: Has anybody actually ejected out of one of these aircraft or in a simulator with that<br />
helmet on?<br />
Air Marshal Davies: No.<br />
Senator LUDLAM: How are you able to make that claim?<br />
Air Marshal Davies: The claim is actually around not having yet tested below a certain body weight for a<br />
pilot. When that testing occurs, we will find out what the minimum body weight is to meet that criterion. At the<br />
moment—<br />
Senator LUDLAM: Is that a computer simulation, or does somebody have to have their neck broken?<br />
Air Marshal Davies: That criterion for our pilots is not an issue.<br />
CHAIR: Thanks very much, Senator Ludlam and Air Marshal Davies.<br />
Senator GALLACHER: I want to clear up a couple of issues. Have you got two seconds? You told us you<br />
did not have a fast card at the last round of estimates. Defence has given a submission to the committee to say that<br />
you do have a fast card. Who is correct—you or the defence department?<br />
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Senator Payne: I do not have that Hansard in front of me. I do not recall the specific conversation, I am sorry.<br />
I will check that.<br />
Senator GALLACHER: Well, I have the Hansard here.<br />
Senator Payne: Well, that makes one of us. I will check that and come back to you. Thank you.<br />
Senator GALLACHER: Very clearly, you said you had no fast card.<br />
Senator Payne: Senator, I have just said that I would like to check the Hansard and I will get back to you.<br />
Senator GALLACHER: What Defence has said to us in evidence is both yourself and Minister Pyne do have<br />
a fast card for 2015 to 2016 and have also expended funds on it.<br />
Senator Payne: I understand the point you are making. I do not recall the conversation that we had. I do not<br />
have the Hansard. But I will check and come back to you.<br />
Senator GALLACHER: It is 19 October on the Wednesday.<br />
Senator Payne: I will check and come back to you.<br />
Senator GALLACHER: I will try to clear up one other issue. Secretary Richardson, in relation to a question<br />
about why we had credit cards to the value of $2 million, your answer was that we need to provision ships.<br />
Secretary, are you familiar with the SONPAS contract?<br />
Mr Richardson: No. I am not.<br />
Senator GALLACHER: So you are not familiar with a contract which has been held for many years by a<br />
company which provisions our ships?<br />
Mr Richardson: We have thousands of contracts. I do not personally get involved in them. But there will be<br />
someone here who will be familiar with it.<br />
Senator GALLACHER: Is there anybody who has information about SONPAS?<br />
Mr Richardson: Yes. The chief financial officer, I think.<br />
Mr Prior: I understand the question was?<br />
Senator GALLACHER: SONPAS. What is the contract for? It is to provision ships. Your answer was that<br />
you give credit cards out so they can fill a ship up or provision it, but you have a contract which is—<br />
Mr Richardson: I gave that as an example. There have been instances where individuals have needed to<br />
utilise contracts in respect of certain aspects of that. There have also been examples of the cards being used when<br />
a lot of people are involved in something and you use one card rather than multiple cards.<br />
Senator GALLACHER: I think the direct answer was that you provision ships and you need to have a credit<br />
card of a very high value for that.<br />
Mr Richardson: For some aspects of it, yes.<br />
Senator GALLACHER: My question to you is: are you aware of the contract which your department has<br />
which relates to shore based provision of Navy ships in many ports around the world?<br />
Mr Richardson: And I have given my answer to that. And the Chief of Navy might be able to help.<br />
Vice Adm. Barrett: The SONPAS contract is used by Navy to resupply ships in certain ports both around<br />
Australia and can be used overseas. It is not exclusive as a means of resupply for ships.<br />
Senator GALLACHER: My curiosity is how do you manage one of these $2 million credit cards? Do you<br />
courier them to a ship that might need it, or does someone always travel with it? How do you do that?<br />
Vice Adm. Barrett: We plan our deployments. Where we know there are ports that are not capable of taking<br />
or using SONPAS, we made provision to the authorised person on board who has delegations and authorities and<br />
training in how to manage funds. They will be given the provision of one of those cards.<br />
Mr Prior: I will also add that, with the so-called million dollars credit card limits that were in place as a<br />
matter of practice, which the auditors brought to our attention, it was a practice of convenience rather than one of<br />
relating to the acquisition levels. Since that time, we review annually all credit card limits. The report I have in<br />
front of me and which I ran yesterday from our credit card system has as the highest level of limits for purchase<br />
cards—there are a number—$500,000. They can relate to things such as, and as the Secretary said, when<br />
acquisitions are being made on behalf of a number of people, where there is an exercise, and where there is an<br />
acquisition overseas for supplies and goods and services.<br />
We regularly monitor them now, so it is not the case that there is an unlimited credit card wandering around.<br />
We monitor all the cardholders who have those credit cards with high levels of limit. When the level of activity<br />
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for those credit cards reduces down because the event may have occurred or there is not an event about to occur,<br />
we reduce them down to an appropriate level to match the activity. But there are a number of circumstances<br />
where it can be the case that there is a need for an acceptable means of conducting a business internationally and<br />
nationally when there are multiple people involved.<br />
Senator GALLACHER: So you do not have any $2 million credit cards?<br />
Mr Prior: There are no $2 million credit cards at all.<br />
Senator GALLACHER: I return to 16 October last year, where the reply to my question was we need to fuel<br />
a ship. So we have a contract to fuel a ship and now we do not have any—<br />
Mr Richardson: The Chief of Navy just gave you an answer to that question. What you just said there is<br />
wrong. The Chief of Navy —<br />
Senator GALLACHER: What part of what I said is wrong?<br />
Mr Richardson: Well, he said we have a contract that covers certain countries. There are certain ports that<br />
naval vessels visit where there is a need to have large scale purchases through the use of credit cards. Where that<br />
occurs, both Chief of Navy `and the chief finance officer gave you a very specific answer as to the process that is<br />
worked through.<br />
Senator GALLACHER: My next question is: how do they actually manage that credit card? Is it in the name<br />
of the organisation or a person?<br />
Mr Prior: No. All credit cards are issued to individuals under their name.<br />
Senator GALLACHER: Does that person have to travel with the ship? That is my obvious question.<br />
Mr Prior: Well, individuals travel, as you can imagine, all around the world. So for individuals that have a<br />
requirement to purchase goods and services for the department, where they are located internationally or<br />
nationally, clearly they would have a credit card made available to them. It is a process.<br />
Senator GALLACHER: I want to ask this very direct question to either Navy or finance; I am not really<br />
fussed which one. SONPAS is an eminently reasonable way of victualling ships around the world. How many<br />
exceptions would there be—if you have to take it on notice, that is fine—where you need to give someone a $2<br />
million credit card to buy some whatever?<br />
Mr Richardson: We just said that there are no longer any $2 million credit cards.<br />
Senator GALLACHER: Was there on 16 October?<br />
Mr Richardson: It was just 10 minutes ago that the chief financial officer took you through that very<br />
specifically and explained that the maximum limit was now a half a million dollars and how that worked.<br />
Senator GALLACHER: On 16 October, when you gave that direct answer to my question—<br />
Mr Richardson: And that was a correct answer.<br />
Senator GALLACHER: were those credit cards in effect and were they being used? I am happy for you to<br />
take that on notice.<br />
Mr Richardson: I am very happy to take it on notice.<br />
Senator GALLACHER: Your answer led me to believe that they were being used to fuel and victual ships.<br />
Mr Prior: I repeat: we do use credit cards in different circumstances where—<br />
Senator GALLACHER: Well, let us have it on notice.<br />
Mr Prior: Where there is not an arrangement in place that a purchase order in the normal case could be<br />
utilised. There are parts of the world where—and I will not go into detail —<br />
Senator GALLACHER: And I fully understand that.<br />
Mr Prior: Okay.<br />
Senator GALLACHER: I fully understand that.<br />
Mr Prior: That is the case.<br />
Senator GALLACHER: My question was very generic and it got a very direct answer, saying, 'We needed to<br />
do this.' How many ships are there in the world? They do not go around with credit cards. They have proper<br />
arrangements with people who supply ships.<br />
Mr Richardson: We have given you an answer and quite a detailed answer. What we have not answered we<br />
will take on notice.<br />
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Senator GALLACHER: Thank you. I have 13 areas I want to cover, so it is unlikely we are going to get<br />
through this. The next is the consolidation of defence bases. You have 75 major bases with apparently a gross<br />
replacement value of $68 billion. The first principles review, and I think Defence is saying, says you are caught in<br />
an unsustainable cycle of insufficient funding to maintain the current estate footprint. Is that an incorrect<br />
statement, or is that a statement that Defence is standing by?<br />
Mr Grzeskowiak: Certainly in these forums over years we have talked about the forward workload of<br />
particularly estate maintenance that we have had to do and the decline in the remaining useful life of the Defence<br />
estate. We have been talking about it for some years. The defence white paper that was released last year put a<br />
correction into the system, if you like, in terms of putting significant extra funding over the next decade into the<br />
estate and infrastructure space. So while there is a lot of work to do for us to improve the overall remaining useful<br />
life of the estate, we are now on a positive trajectory. So as I look forward in a budget sense, I see increasing<br />
funds for both capital investment in renewing parts of the estate and in estate maintenance in terms of being able<br />
to maintain the existing estate. So that is an improving story at the moment.<br />
Senator GALLACHER: An improving story?<br />
Mr Grzeskowiak: Yes.<br />
Senator GALLACHER: So given that we appear to have an extremely large and valuable estate but we are<br />
not in a position to fully maintain that footprint—I have seen some of the expenditure in the public works area,<br />
where you have had to remediate significant areas of land—what progress is being made, if any, in addressing the<br />
disposal of the 17 bases identified in the 2012 future defence estate report?<br />
Mr Grzeskowiak: The government in recent years has made some decisions about disposing of some<br />
properties. One of them is Leeuwin barracks in Western Australia; one of them is Bulimba barracks in<br />
Queensland; one of them is the Pontville training range in Tasmania; and one of them is a former married quarters<br />
at Inverbrackie in South Australia. The Pontville range has been sold and disposed of. The Inverbrackie former<br />
married quarters has been sold and disposed of. We are working through processes at the moment around the<br />
disposal of Leeuwin barracks and Bulimba barracks. I would expect through the rest of this year those properties<br />
to go to market.<br />
Senator GALLACHER: So in terms of the footprint, I am not familiar with those bases. I would not imagine<br />
that the Tasmanian base is a huge geographical spread. In terms of reducing your footprint, are they significant<br />
sites? Are they the big ones or the small ones?<br />
Mr Grzeskowiak: Leeuwin barracks is a significant property. Bulimba barracks is a significant property. It is<br />
really reducing the number of sites where we have people and a need to maintain that is important. The scale of<br />
the Defence footprint, being close to three million hectares, is actually dominated by the training ranges. So all<br />
the big training ranges are the bulk of the footprint. But there are 70-odd major bases and 400 other sites. So we<br />
are looking at rationalisation. In terms of the overall footprint, it is a fairly small percentage, but it is significant<br />
for us in terms of being able to repurpose those former Defence bases for alternative community use and to<br />
consolidate our presence into places that we already own as we invest in improving the condition of those<br />
facilities.<br />
Senator GALLACHER: Have you made progress on three or five of the 17 identified, or are these<br />
components?<br />
Mr Grzeskowiak: I would have to check the bases that were listed in the 2012 report.<br />
Senator GALLACHER: Perhaps you could take that on notice. How many of the 17 identified in the 2012<br />
report have you made progress on?<br />
Mr Grzeskowiak: Yes. I will take that on notice.<br />
Senator GALLACHER: Given that it is now 2017, that is a five-year-old report. Is there no urgency in this<br />
area, or are there contests between Defence's reasonable operational requirements and your obvious financial<br />
imperatives?<br />
Mr Grzeskowiak: Since the first principles review and the implementation, the way we would look at this<br />
now is maybe different than the way we would look at things in 2011 as that 2012 report was being built. So we<br />
would look in terms of the strategic centre and the force design work and the future projections for where we need<br />
to be as being one of the primary inputs to future disposition of the estate. We are working through that at the<br />
moment. The reality is that the future estate disposition is something that is always under review to some extent.<br />
Senator GALLACHER: I will be very, very specific. How do you actually manage to dispose of a base? Do<br />
you say, 'Look, this is the one that you want to do.' You then meet with Air Chief Marshal Binskin and say, 'Are<br />
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you happy for us to close this base?' , and you both tick off on it and that is what happens? Is there any example of<br />
that happening?<br />
Mr Grzeskowiak: Ultimately, decisions are made by government. Ultimately the decisions are made by<br />
government. The first principles review made a recommendation about disposals and the response to that<br />
recommendation was that individual sites would be considered on a case-by-case basis.<br />
Senator GALLACHER: Perhaps the secretary would know. Have any of the defence ministers that we have<br />
had since 2012 actually signed off on the disposal of a whole base in the 17?<br />
Mr Richardson: Yes.<br />
Mr Grzeskowiak: Leeuwin barracks, as I said, was signed off by government. Bulimba barracks was signed<br />
off by government. Pontville was signed off by government. And Inverbrackie.<br />
Senator GALLACHER: But you cannot really tell me whether they are in the 17 identified?<br />
Mr Grzeskowiak: I just need to confirm how many of those were in the 17.<br />
Mr Richardson: Certainly some of them were.<br />
Mr Grzeskowiak: At least two of them were.<br />
Senator GALLACHER: So how would you characterise the progress? Are we three out of 17 or five out of<br />
17?<br />
Mr Grzeskowiak: I think we are making progress. There is a range of disposal options around smaller sites<br />
being looked at all the time. We have talked about one of them earlier in the committee today.<br />
Senator GALLACHER: So since the last update you have given us, can you address anything that has<br />
happened since then? Since the last update, have any additional bases been added to the list for consolidation?<br />
Mr Grzeskowiak: The list that you are referring to—the 2012 list—is of its day. As I said, we are constantly<br />
looking, as the future force evolves, at what our posture should be and disposition for the future and developing<br />
options where we may need to adjust.<br />
Senator GALLACHER: We have heard at length from the Chief of Army that you have a well-thought-out<br />
training regime going on. Has there been any impact on Defence skills and capability as a result of this proposal<br />
to reduce your footprint?<br />
Mr Richardson: No.<br />
Senator GALLACHER: And from your perspective, it is all working entirely well?<br />
Air Chief Marshal Binskin: There is a lot of factors that go into the disposal of the properties. It takes time.<br />
It takes work with the community. Obviously it takes work across the political side as well. For a lot of these, we<br />
also need to relocate the forces that may be there in the time period. So it is not something that happens overnight.<br />
Senator GALLACHER: Clearly, we have been at it since 2012. Is this a decade-long event or is it a 20-year<br />
event?<br />
Mr Richardson: It will be more of a decade. For a start, internally you do not have the estate and<br />
infrastructure people on one side and the ADF on the other. We are integrated. There are ADF people who work<br />
with Steve. There are civilians who work with the CDF and VCDF. I have yet to experience a situation where out<br />
of the blue Steve's area says to the ADF, 'Hey, we want to sell a base.' Within government, I think for successive<br />
governments—this will be no surprise to you—it takes a long time. Governments always, understandably, want to<br />
consult with local members. You have state governments. You have local authorities. Sometimes as Senator<br />
Hinch raised this morning, you can have a special interest group that is pursuing a particular property. You really<br />
need to have patience in this part of Defence.<br />
Senator GALLACHER: And given some of the issues you have. I will use Point Cook as an example.<br />
Millions of dollars were spent there remediating.<br />
Mr Richardson: Sorry?<br />
Senator GALLACHER: Point Cook. There were several proposals there to try to remediate some of the<br />
contamination. So you have a double problem. It is not just a matter of getting rid of land.<br />
Mr Richardson: That is right.<br />
Senator GALLACHER: You have to remediate it as well. That is probably true. How many of these 17 bases<br />
would fall into that category?<br />
Mr Grzeskowiak: Certainly some of them would. There is no doubt about it. Virtually every site that we look<br />
at for disposal would require some form or other of remediation. Whether Defence did that or it was done by<br />
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industry post the sale would depend on the severity and scale of any contamination. I might just add that I think it<br />
is worth noting that the 2012 report, which did name a range of bases, was a 25-year look into the future. So some<br />
of the proposals in there were for base adjustments in the late 2020s and early 2030s.<br />
Senator GALLACHER: Well, we are where we are historically. I have often wondered why we are on the<br />
eastern side of Australia and not the west, but history will tell us that.<br />
Senator Payne: In 1770, Captain Cook took a particular direction.<br />
CHAIR: There is 1616.<br />
Senator GALLACHER: I will go to another issue.<br />
Senator Payne: Before you do that, I will clarify that question you asked before I had to leave. I am sorry I<br />
had to duck out momentarily. I indicated on 19 October in the last Senate estimates when we discussed this matter<br />
that I have and am entitled to use a Cabcharge card. You have asked me about that. The Cabcharge card is, as I<br />
understand it—and I am not au fait necessarily with the terms—is a Fast Card. So I said I had one. I also said at<br />
the time that the report to which you were making reference at that time was prior to me taking up the role as<br />
Minister for Defence. It is correct to say that I used that card once on 23 May 2016 for a charge of $19.64. Under<br />
the MoPS arrangements, though, Senator, when you are a minister in a portfolio and you use the Cabcharge,<br />
which we are all issued with, that Cabcharge is costed back to the portfolio. That is where that charge of $19.64<br />
and that single use has come from.<br />
Senator GALLACHER: Defence said that there is a Fast Card issued to you and Minister Pyne and there is a<br />
$966 cost. I do not know whether it is—<br />
Senator Payne: I think the cost of $965.77 is in the table from attachment A, corporate system cash payments<br />
to Cabcharge Fast Card trip breakdown. It is $965.77 beginning in January 2015 and extending to October 2015<br />
across six different ministers. So that $965.77 goes across six different ministers. That attachment A, which<br />
relates to the $965.77, does not, in fact, relate to me at all.<br />
Senator GALLACHER: I can only go on what I have here. It basically says:<br />
The Department of Defence has two Fast Cards (Cabcharge on issue). One card is held by the Minister for Defence, Senator<br />
the Hon. Marise Payne, and one by the Hon. Christopher Pyne. The total expenditure for the 2015-16 financial year for the<br />
two cards was $966.<br />
I am not fussed about whether you have a Fast Card or not.<br />
Senator Payne: No. I understand that.<br />
Senator GALLACHER: I thought I asked you and you said you were like me—you had a Cabcharge and<br />
Comcar.<br />
Senator Payne: I said I had a card which is a Fast Card, and it is billed back to Defence when I use it. That is<br />
the extent of my understanding. If that is not correct, then I will obviously correct the record.<br />
Mr Prior: I can confirm that there are available Fast Cards—two Cabcharge cards that are issued to ministers.<br />
It is the case that when all new members come to the parliament, the Department of Finance issues them with Fast<br />
Cards as a matter of practice.<br />
Senator GALLACHER: I thought we were a little unclear about that when we had the discussion earlier.<br />
Mr Prior: It is the case that when a minister is appointed, the costing goes back to the department. Upon the<br />
usual practice, upon expiry of a card, the department would then issue the new card to a minister.<br />
Senator Payne: So if there is a need for any further clarification, I am happy to provide that.<br />
Senator GALLACHER: You have to move about. I thought we would ask a question—<br />
Senator Payne: Well, not very far—$19.64.<br />
Senator GALLACHER: Someone is moving around. I will go to the review of the suicide prevention<br />
services for Defence Force members. In August, the Prime Minister announced that the National Mental Health<br />
Commission would undertake a review of suicide and self-harm prevention services available to ADF personnel<br />
or veterans, with a report back due to government in 2017. So we are now precisely at the end of February 2017.<br />
Would someone like to give us an update?<br />
Air Chief Marshal Binskin: Can you repeat that question, please?<br />
Senator GALLACHER: In August, the Prime Minister announced the National Mental Health Commission<br />
would undertake a review of suicide and self-harm prevention services available to ADF personnel and veterans<br />
with a report back to government in February 2017. So we are right at that point. Is there any report about?<br />
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Air Chief Marshal Binskin: We spoke with the commission chair only last week. She briefed us on that.<br />
While I would not want to speak for her, I think she indicated at that stage that they would be seeking an<br />
extension to bring all the data together. As you would expect, it is quite a complex topic. They wanted to make<br />
sure that they approached it properly and with full completeness.<br />
Senator GALLACHER: I do understand that it was tasked by the Prime Minister and it was last week they<br />
informed you it was not able to complete by February?<br />
Air Chief Marshal Binskin: They were discussing at that stage talking to Minister Tehan and Minister Hunt<br />
about seeking an extension. So other than that, I would not be the appropriate person to talk about what their plans<br />
are.<br />
Senator GALLACHER: So in general terms, are you aware of any concerns raised by the commission prior<br />
to the deadline that they would be unable to meet this February deadline?<br />
Air Chief Marshal Binskin: Again, I am not the appropriate person to talk to there. They are not within the<br />
defence portfolio.<br />
Senator GALLACHER: So would that be a veterans' affairs issue?<br />
Air Chief Marshal Binskin: It is veterans' affairs and health.<br />
Air Vice Marshal Smart: The three departments are assisting the National Mental Health Commission to<br />
have access to data. But the actual report is an independent report. Last week was the first time we heard that they<br />
were not going to be able to deliver the report at that time. They informed both the ministers of that as well.<br />
Senator GALLACHER: What date was that?<br />
Air Vice Marshal Smart: That was last week. I think they informed the ministers last week as well. But, as I<br />
said, it is an independent inquiry. We are assisting across the three departments.<br />
Senator GALLACHER: I understand the importance of the inquiry and the breadth of the work they need to<br />
take up, but who set the timeframe if it was obvious?<br />
Air Vice Marshal Smart: That was the government.<br />
Senator GALLACHER: So it only opened for submissions on 2 November and closed on 27 November. Was<br />
it a bit optimistic that a subject like this could be addressed in such a relatively short timetable?<br />
Air Chief Marshal Binskin: I think you are asking us questions we are not in a position to be able to answer.<br />
They are not accountable to us for what they are doing. They are independent.<br />
Senator GALLACHER: So what input did you have into the inquiry?<br />
Air Chief Marshal Binskin: We provided input.<br />
Air Vice Marshal Smart: We provided input. We provided each of the three departments provided personnel<br />
to assist in gathering the information. We also provided access to some of our personnel to be able to undertake<br />
focus groups. We also had representatives on the reference group related to the review. We also provided a lot of<br />
information that was requested in terms of our suicide programs and our other mental health data.<br />
Senator GALLACHER: When this report eventually is made available, who is it made available to? Is it<br />
made available to you, Air Vice Marshal? Who does the commission report to?<br />
Air Chief Marshal Binskin: I am not actually sure exactly who it reports to, but the review and the outcomes<br />
will be made available to us because that is ultimately what it is there for. We are looking forward to receiving it<br />
because, being the review that it is and offering areas that we might be doing well and areas that we might be able<br />
to improve and the input that the commission has taken, I think it will be valuable for us.<br />
Senator GALLACHER: Will the report be made public?<br />
Senator Payne: The report, as I understand it, will be presented to the Minister for Veterans Affairs and the<br />
Minister for Health. That is my understanding.<br />
Senator GALLACHER: So Defence is a happening and willing participant. You have delegated resources.<br />
You are not in control of the agenda and the timetable and all that sort of thing. It is just that you are the subject<br />
matter, I suppose.<br />
Air Chief Marshal Binskin: It is not stopping us progress our programs in supporting our serving members,<br />
working with DVA for the veterans. But it will inform where we may need to go into the future.<br />
Senator GALLACHER: So in the same announcement there was an establishment of the first suicide<br />
prevention trial site in North Queensland. Do you have any information on that?<br />
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Air Vice Marshal Smart: That was announced at that time. That mainly relates, though, to the Department of<br />
Health and the Department of Veterans Affairs because it is a civilian suicide prevention trial. It is one of 12 sites<br />
that I think the Department of Health is looking at this for. But the Townsville site in particular was going to<br />
focus on veterans. While Defence is talking to both departments and remaining engaged, it is not really a matter<br />
for Defence.<br />
Senator GALLACHER: I understand. So you are basically saying go to health and go to veterans' affairs for<br />
more specific affairs?<br />
Air Vice Marshal Smart: Correct.<br />
Senator Payne: That is actually a Department of Health trial process. I think if you are here later this evening,<br />
and you want to pursue questions with veterans' affairs, then they will help as far as they can.<br />
Senator GALLACHER: I will quickly jump back to Mr Grzeskowiak. I should have that pronunciation right<br />
by now. I see him enough times.<br />
Mr Richardson: We call him Steve G in the department.<br />
CHAIR: A very wise move, Secretary.<br />
Senator GALLACHER: Senator Kitching asked a number of pretty straightforward questions about the<br />
Defence training area expansion. We got a very good, instructive answer about the capability and training<br />
requirements of the various brigades. The question we have is: was not this public furore, Minister, eminently<br />
foreseeable? We did know we needed a bigger footprint. Basically, it appeared to be a joust in the media which<br />
the farmers won.<br />
Senator Payne: I think there are a number of important things to bear in mind. One of those is that Defence,<br />
as I think was and is appropriate, took an open and consultative approach to their initial planning. The alternative<br />
to that is Defence effectively hiding their activity which, in my book, would not be appropriate. That is a view I<br />
have held right from the very beginning. In the initial planning process for something as significant as the<br />
expansions of ADF training that we have been talking about, there was obviously engagement with the local<br />
community in the key areas of Shoalwater Bay and Townsville. I think I have here the number of consultations<br />
and meetings that the organisation has engaged in with members of the local communities to take on board their<br />
views and their concerns. They have attended public meetings. They have had one-on-one meetings. They have<br />
held drop-ins and walk-ins and extensive information sessions. They have worked within the key local relatively<br />
urban areas in Rockhampton and Townsville and so on.<br />
The initial planning of an undertaking of this nature is always going to be broad brush by its very nature. What<br />
we have been able to do in the process as information has been brought back to Defence is to give an assurance to<br />
the community that there would be no forced sales of land. That was given in early February. We have been able<br />
to pursue a master planning approach, which means we can work with land that is available from willing sellers.<br />
That has been an important assurance given to the community. No land has been acquired in any compulsory way.<br />
Any land that will be acquired for the said expansions will be land that is owned by the Australian government for<br />
the interests of the ADF. As you said, the Chief of Army has provided a very useful and deep explanation of the<br />
training requirements. We will continue to work within those local communities and we will also, I might say—<br />
and this has been particularly welcomed in Central and in North Queensland—ensure that as the investment is<br />
made in the expanded areas, the infrastructure is created and the training areas are developed, we will use local<br />
providers, local trades, local businesses, for that work as far as possible. In fact, that is literally determined in the<br />
MOU itself, which is unusual. That is an undertaking which the government has given and which I have given<br />
and which Defence has given and one which I certainly intend to see through.<br />
Senator GALLACHER: Well, we certainly have a chequered history in relation to this. If you go back to<br />
Cultana. You were not in government then.<br />
Senator Payne: I was not going to mention the war.<br />
Senator GALLACHER: We had a similar difficulty transition to what is now going to be hopefully a very<br />
successful base. So when was the strategy of compulsory land acquisition promoted? Is that part of how you do<br />
things? Do you work that out first?<br />
Mr Richardson: There is the Land Acquisition Act, and that is the legal framework within which the<br />
government operates to acquire land, including from willing sellers.<br />
Mr Grzeskowiak: That is right. The Land Acquisition Act is the mechanism that the government has always<br />
used for purchasing land. There are three mechanisms included within that. One is simply buying something that<br />
is already advertised on the market and just entering into an agreement. The second mechanism is purchasing by<br />
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agreement, where the sale may not be advertised on the market but Defence in this case would be approached by<br />
somebody saying, 'We're interested in selling.' And the third mechanism under section 41 of the act is what people<br />
most often associate with compulsory acquisition, which is where the Commonwealth can compulsorily acquire<br />
land either by agreement. Compulsory acquisition is not by agreement with the seller. Compulsory acquisition is<br />
without the consent of the seller.<br />
CHAIR: In the meantime, that concludes the committee's examinations. Minister, CDF, Secretary of the<br />
Department of Defence, I thank you and your officers for your attendance. The committee will now move to its<br />
examination of Defence Housing Australia.<br />
Defence Housing Australia<br />
[18:07]<br />
CHAIR: I welcome you back, Minister. I also welcome Ms Jan Mason, managing director, and your officers<br />
from defence housing. Ms Mason, would you like to make an opening statement?<br />
Ms Mason: No. Thank you, Senator.<br />
CHAIR: Excellent. In that case, we will go straight to questions.<br />
Senator GALLACHER: The perennial question: what is the government's plan for DHA? I go back to the<br />
Commission of Audit recommendations. Can you give us an update on where we are at at the moment? Do you<br />
continue to do work as normal, or are we looking at parting company with some of DHA's work? Where does it<br />
sit at the moment?<br />
Ms Mason: It is business as usual very much for DHA.<br />
Senator GALLACHER: Business as usual. Like your houses; you have got a business as usual model. We<br />
found out in an examination of some expenditure in Tindal that the business as usual model was a lot cheaper than<br />
the bespoke model. So business as usual is good. So there is no possibility or plan or examination to privatise any<br />
part of DHA?<br />
Ms Mason: None whatsoever.<br />
Senator GALLACHER: And there is no suggestion by the minister for a partial privatisation?<br />
Ms Mason: None whatsoever.<br />
Senator GALLACHER: We are going right through on this one.<br />
Senator Payne: But you have asked them before and I have given you the same answer.<br />
Senator GALLACHER: Yes. I am trying to hold the line until Senator Chisholm comes because he has a<br />
question about Toowoomba. What about the development of the estate in Western Australia? Is that progressing?<br />
Ms Mason: I will ask one of my colleagues to join me. I can introduce the topic. With regard to Seaward<br />
Village, Mr Dietz and I appeared before the public works committee on 3 February over in Perth. We gave<br />
evidence about the proposal for the project, which was to implement the government's decision that all of the<br />
homes in the village should be refurbished. We provided detail about our plans in doing that. Subsequent to the<br />
hearing, we provided additional information to the committee. At this stage, we await the outcome of the<br />
committee's deliberations.<br />
Senator GALLACHER: I missed that hearing, but I am sure that it will come up next sitting fortnight. I do<br />
not have any other questions for DHA.<br />
Senator MOORE: I have a follow-up question on that. Ms Mason, has that particular area been refurbished<br />
before, or is this the first refurbishment to the whole area?<br />
Ms Mason: This will be the first refurbishment of the whole area. There have been repairs and maintenance<br />
work done in the village. There are individual homes that have been refurbished to a certain extent. Of course,<br />
they are now quite ageing. Perhaps my colleague Mr Dietz can give you some additional details.<br />
Mr Dietz: Ms Mason was correct. We have done a small amount of refurbishment to individual houses.<br />
Senator MOORE: As required?<br />
Mr Dietz: As required, correct, yes.<br />
Senator MOORE: In terms of the establishment of that particular lot of properties, when were they actually<br />
constructed?<br />
Mr Dietz: There was a range. From the early 1990s predominantly.<br />
Senator MOORE: So they are relatively new buildings from the early 1990s. In terms of your stock—<br />
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Senator Payne: They are getting towards 30 years old.<br />
Senator MOORE: In terms of your stock, Mr Dietz, what is the age variation? What would be the oldest<br />
stock that you have?<br />
Mr Dietz: There would be a significant age variation.<br />
Senator MOORE: Yes. I think there would be, depending on the process.<br />
Mr Dietz: Yes. And many of the older stock is actually on defence bases owned by Defence. The average age<br />
of our properties—correct me if I am wrong—is closer to nine years.<br />
Senator MOORE: Nine years. I am surprised. I thought it would be older than that. That means that this<br />
particular Western Australian property lot is one of the older groups?<br />
Mr Dietz: Correct.<br />
Ms Mason: I might also observe that the homes in Seaward Village are situated in an area that is based on<br />
sand and is in a harsh climate where there are very strong winds. Probably in terms of their ageing process, they<br />
have aged less gracefully than some other properties in the portfolio.<br />
Senator MOORE: They have had a tough life, Ms Mason?<br />
Ms Mason: Yes.<br />
CHAIR: Ms Mason, what you refer to as sand is good quality Western Australian soil.<br />
Ms Mason: Well drained soil.<br />
Senator GALLACHER: Can you give us an update on the DHA board.<br />
Ms Mason: Certainly. We are pleased to say that we now have a full complement of directors on the board,<br />
with some recent appointments. We have discussed that at previous hearings. All the positions on the board are<br />
now filled.<br />
Senator GALLACHER: I can check from the website. Who are they? Have we got Mr Ewen Jones?<br />
Ms Mason: Yes. Mr Ewen Jones.<br />
Senator GALLACHER: He was up in Townsville, was he not? He was the member for Herbert.<br />
Ms Mason: Yes.<br />
Senator GALLACHER: He was appointed in 2016. Ms Galloway?<br />
Ms Mason: Andrea Galloway, indeed.<br />
Senator GALLACHER: Robert Fisher.<br />
Ms Mason: Do you want us to run you through them?<br />
Senator GALLACHER: Yes. I just want to make sure I have the right information.<br />
Senator Payne: Some of these are nominees. The secretary of Defence has a nominee, Mr Martin Brady AO.<br />
The Chief of the Defence Force has a nominee, Vicki McConachie. The secretary of finance has a nominee,<br />
Janice Williams. The managing director herself is a member. We have four commercial directors—Alan<br />
Ferguson, Robert Fisher, Andrea Galloway and Ewen Jones.<br />
Senator GALLACHER: So this website is up to date. So there are no changes. Mr Macdonald is still the<br />
chair, is he?<br />
Senator Payne: Yes. Sorry, I left him out. Indeed.<br />
Senator GALLACHER: I have no further questions of DHA.<br />
CHAIR: I have only the one, or a couple. Measures that DHA takes to ensure local content in any of its<br />
construction projects and upgrades, please. Can you take us through that?<br />
Ms Mason: Certainly. I will refer this question to Mr Dietz, who is head of our construction area within the<br />
organisation.<br />
Mr Dietz: It is beneficial for DHA, if we can use builders that are local to the area. They usually have very<br />
good relationships with the local contractors. When we look to tender the building contracts that we put out, we<br />
do look to package them in sizes of a roughly 20 houses. We have found that that is actually an efficient group of<br />
housing to be able to contract for. It ensures that mixes of builder sizes can actually tender on those houses.<br />
CHAIR: Thank you. In terms of property upgrades, can you tell me whether there are any or many, or take it<br />
on notice, actual members of the ADF who put their own personal dwellings into the DHA portfolio for<br />
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subsequent rental out et cetera? Is DHA an attractive location for ADF members to actually place their property or<br />
properties if they own them for DHA to manage them?<br />
Ms Mason: I hesitate slightly in terms of the amount of information we have. Certainly we consider DHA to<br />
be an appealing investment. In terms of us leasing existing properties from ADF members, the Department of<br />
Defence has quite stringent requirements in terms of the features of a home that would be suitable for a service<br />
residence. We do consider direct leasing in certain circumstances provided that the property meets the<br />
specifications of the Department of Defence, which are, as I said, quite strict—an ensuite bathroom, 33 lineal<br />
metres of clothesline, laundry tubs of a particular size. So provided the property meets those criteria, then we may<br />
consider leasing it. We also need to have covered outdoor entertaining areas. But I am aware of a number of<br />
Defence members who have purchased properties that we have constructed and they purchase them through our<br />
sale and leaseback program and then we lease those properties back from them for can be periods of 12 to 15 or<br />
sometimes we extend to 18 years for those leases.<br />
CHAIR: Does DHA have excess capacity at the moment or ever in the sense that you have more properties<br />
than are required by Defence personnel, in which case you would be putting them out on the open rental market?<br />
Ms Mason: We try for as close as possible match between the requirements of the Department of Defence and<br />
the housing that we provide. But at any moment in time we do have vacancies because there is an ebb and flow of<br />
Defence members moving between locations. So we aim to meet about 90 per cent of the defence housing<br />
requirements. The additional provisioning comes from private sector rental. In certain locations, we will have<br />
vacancies while we are waiting for those services residences to be occupied by incoming members to that<br />
location.<br />
CHAIR: I have good news. The good news is that that completes our interrogation. I do not have good news.<br />
Senator MOORE: Senator Chisholm has not been able to come. I want to see whether there is an update on<br />
anything that is happening in the Toowoomba area on accommodation for DHA or for structures in DHA?<br />
Senator Payne: There is a proposal that we can update you on, yes.<br />
Ms Mason: I think you are probably referring to a proposed development at Mount Lofty. We have a parcel of<br />
land that we acquired from the Department of Defence. We do have plans to develop a portion of that site for<br />
providing homes to Defence members but also some of the lots will be sold to members of the public who are<br />
interested in living at that location. We are at a very early stage of that development. Typically, if we acquire<br />
land, we go through thinking about how it might best be developed. We consult with the community.<br />
Senator MOORE: This is undeveloped land completely, Ms Mason. There is nothing on the land you have<br />
just brought?<br />
Ms Mason: That is right.<br />
Senator Payne: It was Defence land.<br />
Ms Mason: The typography of it is such that there are wooded areas that are unlikely to be suitable for a<br />
development. So we intend to propose to the council that we develop a portion of the site. But there are large<br />
tracts of land on the site that we would propose to transfer subsequently to the council and have it retained as part<br />
of the adjacent Jubilee Park. There are a number of mountain biking groups and bushwalking groups that are<br />
interested in using that land for those purposes. So a portion of it we will develop. We are going to go through an<br />
extensive process of consulting with the local community and making sure that we take account of their views as<br />
we develop our plans. So what we intend to do is submit some plans to council after technical reports and<br />
community consultation towards the end of this calendar year. One of the issues that has already arisen for us is<br />
that there is a significant tree that was planted on the land that the community is concerned about. We certainly<br />
intend to protect that tree in any development that we might do on the site. But Mr Dietz may have additional<br />
comments that he could make.<br />
Mr Dietz: I think that is a great summary. Thanks, Jan. The real key message is that we are just at the very<br />
beginning of this development and just starting our messaging and communication out to the community. Right<br />
now is the time for the community to get involved and give us the input that we require to get the right master<br />
planning. We will come up with a concept plan probably about April or May. We will then mature that through<br />
into a draft master plan about August. As Ms Mason said, we will then mature a final master plan that can be<br />
taken to council early next year. So now is the time for the community to chat with us.<br />
Senator MOORE: So this is a standard place you have in your organisation? It is following a stepped process<br />
that is well known?<br />
Mr Dietz: Absolutely.<br />
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Senator MOORE: So what consultation model or thoughts have you given to how the consultation will<br />
operate? Will it be through DHA or through the council?<br />
Mr Dietz: I will take you through our process at the moment. It will be through DHA and the team that we<br />
have put together to deliver this project. Some of the things—and, as I said, now is the very first stage, so we are<br />
going through promoting the fact that now is the time to communicate.<br />
Senator MOORE: And you are doing that to the local community?<br />
Mr Dietz: Yes. In doing that, we have delivered 858 personal letters to neighbours who reside or own<br />
property in the region. We have had face-to-face meetings with 20 local stakeholders.<br />
Senator MOORE: So that is individually or in groups?<br />
Mr Dietz: Individually.<br />
Senator MOORE: So these are people who have responded to the letters?<br />
Mr Dietz: In some cases they have responded to the letters, yes. But we also have a website up which<br />
provides information. It also allows people to—<br />
Senator MOORE: They have responded to a letter or the website, depending on their technological nous. The<br />
20 with whom you have spoken have made approaches that they wanted to have a talk?<br />
Mr Dietz: Exactly right. As I said, we have launched a website. We have updated that website a number of<br />
times, in some cases to ensure some misinformation in the marketplace was corrected and to keep the community<br />
updated. We have had 107 registrations opting in to have the engagement program via that channel. So that is<br />
actually people who, I have said, were happy to become part of a group of people who will get our<br />
communication right up through the master planning process.<br />
Senator MOORE: This is on top of or part of that 850 letters?<br />
Mr Dietz: As a result of the 858 letters asking people to get involved, we have now had 107 who are<br />
essentially opting in to that discussion.<br />
Senator MOORE: So the next round of engagement? These people want to have a more active role?<br />
Mr Dietz: I will again say it is the very beginning. We have only been out there for a month or so, so I would<br />
hope that that increases.<br />
Senator GALLACHER: What is the process for appointing directors? Is that a decision of the board? Do<br />
they call for expressions of interest? Is there a GBE process?<br />
Ms Mason: It is quite a complex process. As the minister mentioned earlier, the DHA Act does have some<br />
special provisions in it for nominees. There is a nominee of the chief of the Defence force, a nominee of the<br />
secretary of Defence and a nominee of the secretary of finance as the other shareholder minister represented by<br />
the secretary of that department. There are four commercial directors. The managing director is via the act a<br />
member of the board. So the government thinks about these things and makes appointments. There are a number<br />
of factors that come into play. Once we are advised of the government's decisions, we go through an induction<br />
process to assist new directors to understand the company quickly and make their contributions as part of the<br />
board discussions.<br />
Senator GALLACHER: How do they get appointed, those that are not stakeholder representatives?<br />
Ms Mason: By the government.<br />
Senator GALLACHER: So it is a GBE.<br />
Senator Payne: Through the cabinet process.<br />
Senator GALLACHER: Is an expression of interest called?<br />
Senator Payne: Through the cabinet process.<br />
Senator GALLACHER: You do not have—<br />
Senator Payne: It is confirmed by the cabinet.<br />
Senator GALLACHER: Is there a secret list or is there a public list of people that you would like to be on the<br />
board? How do people get on the board as a non-stakeholder director? Let us not be shy about it. Ewen is a good<br />
bloke. How did he get on the board?<br />
Senator Payne: In fact, Mr Jones addresses the requirement as a commercial member. For example, you can<br />
be appointed as a commercial member if you have expertise in one or more of these fields—housing operations,<br />
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property development or management, business management, real estate management, finance, building or<br />
construction management and social planning.<br />
Senator GALLACHER: Is it by invitation?<br />
Senator Payne: The government makes board appointments the way we make many board appointments.<br />
Senator GALLACHER: So you invite people to put their name forward?<br />
Senator Payne: You consider people who might be appropriately qualified and put those through the cabinet<br />
process if they are determined to be appropriately qualified. He had extensive experience in both real estate and<br />
finance before entering the parliament, having represented what I understand to be known in Queensland as the<br />
garrison city of Townsville, he certainly has the defence life experience, if you like, of having been that<br />
representative.<br />
Senator GALLACHER: I am just curious. Having been appointed to a government board, I was basically<br />
invited to put a nomination in. Is that what happens here?<br />
Senator Payne: It is a similar sort of approach.<br />
Senator GALLACHER: Thank you for that. Senator Carr has just asked me if you would indulge him in<br />
answering a question about whether you have had a chance to speak to Senator Pyne about Mr Walker?<br />
Senator Payne: Yes. I did not speak to him directly, but our office has communicated. The minister indicated<br />
that he did provide a reference for Mr Walker as he would for any valued former member of staff.<br />
Senator GALLACHER: Excellent. They are all the questions I have.<br />
Senator MOORE: Mr Dietz, I am going to check the website about the Toowoomba project. If we have any<br />
questions, we will come back to you on it. We are very much in this early stage. I just want to put that on the<br />
record. Thank you.<br />
CHAIR: Thanks, Senator Moore. That then, Ms Mason, does conclude the committee's examination of<br />
defence housing. I thank you and your officers for attending. We will resume at 7.30 pm with an examination of<br />
the veterans' affairs portfolio commencing with the Australian War Memorial. We are suspended until 7.30 pm.<br />
Proceedings suspended from 6.25 to 7.30 pm<br />
Australian War Memorial<br />
CHAIR: Good evening. The committee will conduct its examination of the Veterans' Affairs portfolio in the<br />
following order: amazingly enough, the Australian War Memorial followed by the Department of Veterans'<br />
Affairs. I welcome back Senator the Hon. Marise Payne. representing the Minister for Veterans' Affairs; Dr<br />
Brendan Nelson, Director of the Australian War Memorial; and officers from the Australian War Memorial. I will<br />
come to you and your staff in a few moments, Mr Lewis. Minister, would you like to make an opening statement?<br />
Senator Payne: No, Senator. Thank you.<br />
CHAIR: Dr Nelson, would you like to make an opening statement?<br />
Dr Nelson: Only to wish the minister well and to thank the committee for its forbearance in permitting us to<br />
go first. I know the secretary of the department would not be disappointed if we spend three hours on the War<br />
Memorial!<br />
Senator HINCH: My question is to Dr Nelson, Director of the War Memorial. I want to start—it may sound<br />
strange—by quoting Weary Dunlop to you: 'Get men working at arts and crafts at the hospital thereby helping<br />
them acquire an interest in life.' I quote Weary Dunlop because I want to talk to you about ANVAM. I know you<br />
are aware of ANVAM, the Australian National Veteran Arts Museum, whose site we are trying to acquire on St<br />
Kilda Road in Melbourne. It is a part of the Victoria Barracks footprint and it is opposite the Shrine of<br />
Remembrance. It has been vacant for 20 years. The Defence department have decided, suddenly, that they want to<br />
sell it now and they want to sell it this year. My question to you is: have you been approached by them? Have you<br />
got some involvement with them? What is your reaction to them?<br />
Dr Nelson: Firstly, I do not recall being approached by them, but I am certainly aware of and supportive of<br />
general movements which encourage veterans to be engaged in art not only as a way of expressing themselves but<br />
also for coming to terms with the impact on them of what they have done for us.<br />
Senator HINCH: We have got veterans with post-traumatic stress disorder; we have seen the shocking rate of<br />
suicides among vets. With the War Memorial, as I understand it, some of those vets actually use your museum as<br />
therapy, don't they?<br />
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Dr Nelson: Thank you, Senator. I am 58 years old and I learn something every day. In the last four years I<br />
have had the privilege of being the Director of the Australian War Memorial. Among the many things I have<br />
learnt is that this institution is a part of what I call a therapeutic milieu for men and women coming back to a<br />
country that has no idea of what they have been doing. Historically, the memorial, founded in the vision of<br />
Charles Bean and the depths of the bloody fighting at Pozieres in 1916, has engaged art not only as a way of<br />
telling Australians and giving them some insight into an understanding of the Australian experience of war but<br />
also as a form of very powerful expression. You quoted Weary Dunlop. Amongst the 38,000 artworks which we<br />
have got are a significant number which have been done by Australian servicemen and servicewomen under some<br />
of the most trying conditions. Whilst it is entirely a matter for the Department of Defence what it does with this<br />
particular property, I can only say, in a general sense, that encouraging veterans to be active participants in art—<br />
whether it is creating art, displaying art or choosing artworks to display which reflect some of their own<br />
experiences and emotions—is a positive thing. I would think its proximity to the Shrine of Remembrance would<br />
be a very powerful thing in a positive way.<br />
One of our official war artists whom we commissioned is Ben Quilty, the Archibald Prize winner. We sent him<br />
to Afghanistan in 2011. He produced over 20 works depicting the impact of the war on the men and women who<br />
had participated in it. So powerful was that that I asked him back and gave him another commission. We have<br />
three of his artworks hanging in the War Memorial at the moment—one of a daughter of an SAS sergeant killed<br />
in Afghanistan, one of a widow of a commando killed in Afghanistan and the other of a woman living with a<br />
partner and five kids, the partner having severe PTSD. People weep openly in front of the paintings.<br />
I tried unsuccessfully to offer them to the parliament, by the way, when they are finished at the War Memorial,<br />
given that it is you who decide whether these men and women are going to go and do these things. I was told that<br />
apparently there is no room. When I walk around the place—I know I am digressing—I see a lot of interesting<br />
artworks, but why on earth this country is incapable of hanging these artworks in this building somewhere is<br />
beyond me.<br />
Senator HINCH: You can have my office.<br />
Dr Nelson: Thank you.<br />
Senator Payne: Perhaps mine as well. That is something I can take up with the Speaker and the President.<br />
Dr Nelson: I have done so—unsuccessfully. All I can say is that Mr Ben Quilty, who I have got to know<br />
reasonably well now, has a small legion of veterans who to varying degrees are suffering as a consequence of<br />
what they have done for us who he has been teaching to paint. It is at its own cost, of course. He runs classes and<br />
does all sorts of things for people, mainly men and some women.<br />
I think the objective that you are pursuing—and which I presume others are pursuing—is clearly a worthy one.<br />
Whether the government and the defence department are in a position to make that building available and the<br />
questions about the restoration of it and who might then fund its maintenance are entirely matters for others.<br />
Senator HINCH: The idea would be to have veterans there as artists in residence. You could try to maybe<br />
have an exchange with some of your artists at the War Memorial. The other thing is that you must have a lot of<br />
artwork hidden away in your basement you would like to put on display somewhere else at some stage.<br />
Dr Nelson: As I said, we have close to 38,000 artworks. We display as many as we are able to. I have worked<br />
very hard to get them out. In fact, any senators here are welcome to have any of our artworks displayed in their<br />
offices. We would like them back, of course! If the security was appropriate and the environmental atmosphere<br />
was appropriate for the display of our artworks, of course we would lend them to such an institution.<br />
Senator HINCH: There is insurance and stuff like that. It is like when something like the Versailles<br />
exhibition comes to Canberra—you would have to have those sorts of protections.<br />
Dr Nelson: Of course. I can only say to you I have seen too much in my various roles to not think that this is a<br />
positive thing. I have also seen enough in my current role to note that this is an extraordinarily positive,<br />
therapeutic activity.<br />
Senator HINCH: I will be coming and knocking at your door. The last military veteran Australian Prime<br />
Minister once said:<br />
Of all the objectives of my government, none had a higher priority than the encouragement of the arts—the preservation and<br />
enrichment of our cultural and intellectual heritage.<br />
That is what I want to do with this building which was built in 1937 to repatriate veterans of World War One. If<br />
we can put all this together, it would be the most amazing thing coming up to the centenary.<br />
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Senator GALLACHER: Welcome, Dr Nelson. Given your encyclopaedic knowledge of the War Memorial,<br />
can you give us a refresher on the stats from your last annual report. While you are touching on that, can you<br />
address the query that people from Honest History have made in respect of an allegation of misrepresentation.<br />
You start from a point of 1.3 million visitors. Let's see if we can flesh that out in the discourse.<br />
Dr Nelson: Thank you very much. I will ask Ms Anne Bennie, who is the assistant director responsible for our<br />
public programs, to answer that for you.<br />
Ms Bennie: We are aware of some of the claims of Honest History, and we are certainly aware of what went<br />
into the Memorial's annual report. What is correctly reflected, and what we know the figures say, is that the<br />
Memorial's total visitation to our site has had a decrease, and that is what Honest History are picking up on. I<br />
think another point that they made was that, in fact—<br />
Senator GALLACHER: Do not be shy about putting the 1.232 visitors that we had.<br />
Ms Bennie: Sure. That is right. There is a number of counts that go into our total visitation. If I talk about the<br />
figure that is actually our total visitation to the War Memorial, excluding exhibitions that we have on the road<br />
touring or travelling, for the 2015-16 financial year that is 1.087 million. That is slightly down on 1.142 from the<br />
previous financial year of 2014-15. The claim that Honest History are making is that the Memorial is claiming an<br />
increase in visitation through the front gates but, in fact, there is a decrease. But we know that, in fact, through the<br />
front gates or up the front stairs of the Memorial from one financial year to the most recent report, we have had an<br />
increase of 6.7 per cent. You can do your math.<br />
Senator GALLACHER: But your headline figure is that with visitors to the Memorial, the storage facility in<br />
Mitchell and its touring exhibitions, you have reached 1.23 million Australians.<br />
Ms Bennie: That is right.<br />
Senator GALLACHER: And visitors strictly to the Memorial is 1.08 million?<br />
Ms Bennie: That is right.<br />
Senator GALLACHER: So some Honest History students have—what have they actually done? They have<br />
picked up that you have—<br />
Ms Bennie: The description against the figures in our annual reports is absolutely correct. What they are doing<br />
is assuming that it is apples with apples, if you like. We have had a different reporting of the figure, but it is still<br />
our total visitation figure. Again, numbers through our front gates is certainly the figure that the chairman refers<br />
to in his summary as being an increase in visitation—both domestic and international visitors to the Australian<br />
War Memorial.<br />
Senator GALLACHER: So is it fair to say that the War Memorial is still a significant tourist asset to<br />
Canberra?<br />
Ms Bennie: Yes. You might expect that Anzac Day 2015 drove some very large visitation to the War<br />
Memorial, as did the opening of our stunning new First World War galleries, but I think it is testament to visitors'<br />
interests in and understanding of our military history that the numbers of our people walking up through our front<br />
gates to our galleries in 2015-16 showed an increase of almost seven per cent.<br />
Senator GALLACHER: How do you estimate a media coverage of 33.71 million during the Anzac Day<br />
Period?<br />
Ms Bennie: It is based on exposure. You are looking at measures of media reach, if you like, then they put a<br />
value on that reach. It is, I suppose, a common formula in which the number of mentions in media then have an<br />
equivalent value as to the reach of that audience—I suppose it is more from an advertising aspect, if it were to be<br />
valued in that way.<br />
Senator GALLACHER: And the introduction of The Last Post ceremony has been very successful.<br />
Ms Bennie: They have been very successful. Certainly, one of the biggest increases over the last quarter, if<br />
you like, has been the reach not only of on site visitors to the War Memorial, but also the reach that we are<br />
achieving by broadcasting that service live through Facebook every day. Our reach with some ceremonies—and I<br />
say 'reach', which means our message is getting out to people that that ceremony is on—is about 150,000 people.<br />
That is obviously many more than can physically attend the ceremony in the commemorative area at the<br />
Memorial.<br />
Senator GALLACHER: Do you actually quantify the value? It is obviously of inestimable value to the<br />
Australian community but, in pure fiscal terms, what does it mean to the Canberra economy to get this amount of<br />
visitors?<br />
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Ms Bennie: I would probably have to leave that for VisitCanberra and the ACT government. They do not<br />
release those sorts of figures in detail to the War Memorial but we do know that, through the 2015 period, there<br />
was a directly attributable increase of, I think, a number of nights spent, and therefore the value spent, in the ACT<br />
economy as a result of the Australian War Memorial and its activities, and certainly the opening of our First<br />
World War galleries.<br />
Senator GALLACHER: I had a constituent say to me last week they were planning a visit to Canberra, and I<br />
mistakenly thought they were interested in the parliament. But they said no, they have got to spend some time at<br />
the War Memorial and that sort of thing.<br />
CHAIR: Thank you, Dr Nelson. On the Spirit of Anzac Centenary Experience, can you give us an update<br />
including, if on notice, the number of visitors who have been through in the different locations?<br />
Dr Nelson: If I could just to add to the answer about visitor numbers, we had 562,000 and 618,000 for the<br />
September and December quarters respectively for this financial year. That is an increase of three per cent. That is<br />
through the front gates. Our school students are up one per cent. What actually distorted the figures—Honest<br />
History is actually one person, by the way—was the enormous attendance to the site for Anzac Day 2015. We had<br />
128,500 at the dawn service. Last year, there were 55,000. It is still growing, of course. The Spirit of Anzac<br />
Centenary Experience has now attracted just on the 300,000 visitors. We are very pleased with the way it has<br />
gone.<br />
CHAIR: If you could on notice just give us an indication, if you know, of those numbers at each of the<br />
locations. Also too, staying with spirit of Anzac, I am just interested to know what the local community feedback<br />
has been as a result of the exhibition travelling.<br />
Dr Nelson: We will certainly provide a breakdown on the visitors to each site. Some exceeded expectations<br />
and someone were a little soft—Kalgoorlie, for example. The local community reaction has been overwhelmingly<br />
positive. In fact, we are very shortly about to go to Newcastle. Clarence Jeffries's Victoria Cross is actually going<br />
to leave the cathedral up there and come into the Spirit of Anzac Centenary Exhibition, which reflects generosity<br />
on the part of the wardens of the church. Major General Brian Dawson has been overseeing it on our behalf. I will<br />
get him to add further to this.<br />
Major Gen. Dawson: We have just closed in Geelong on Monday. We have got three more locations to go:<br />
Orange and Newcastle, as a director said, and then we will finish in Sydney at the Sydney International<br />
Convention Centre at Darling Harbour over the dates 15 to 27 April. In each location, we have assisted in curating<br />
a community exhibition which is generally at the end of the main exhibition and really draws on stories from the<br />
local community and region. We have been given a fair bit of latitude, if you like, for those stories to bubble up<br />
from the local community. We have also found, from the 200-odd artefacts from the War Memorial's collection<br />
that have been on tour, a number of local linkages and relatives who had not seen those objects for many, many<br />
years.<br />
CHAIR: Now, you will be disappointed if I do not ask you for any comment on the War Memorial's<br />
association with the National Anzac Centre down at Albany. You are continuing to support that centre?<br />
Dr Nelson: We are supporting them on the beaches, we are supporting them in the view from Albany and we<br />
are supporting them in everywhere we can. Yes, of course we do. I think the Albany centre has exceeded<br />
everybody's expectations and, in terms of visitor numbers, we have got quite a few artefacts and relics that we<br />
have on loan there. We provided images, curatorial and other support, and we continue to do so.<br />
CHAIR: If I can just go do some aspects associated with funding: what, if any, measures have you put in<br />
place to maintain your current standard of service available to the public visiting the War Memorial?<br />
Dr Nelson: We are very appreciative of both sides of politics over the years for the strong support they have<br />
provided to the Australian War Memorial. Our appropriation in recent years has been essentially static in the<br />
current environment and we have significantly improved efficiencies. I think it is fair to say that our productivity<br />
has improved substantially over the last 3 to 4 years. We have been working very hard on our non-government<br />
funding and at the moment we are drawing about $5 million a year out of our partnerships, commercial activities,<br />
bequests and a range of other non-government funding sources. That enables us to provide the difference between<br />
something that is excellent and something that is absolutely stunning.<br />
We also were able to successfully receive some money from the public sector modernisation fund to allow us<br />
to meet increasing demands that are upon us. Senator Gallacher asked about visitors, but of course what is often<br />
not appreciated is all of the demands that we have upon us that come by telephone, email and other forms of<br />
communication. That is people wanting information about their family history. They want images, photographs,<br />
film, support and advice. There is a whole variety of demands which actually stand behind the headline figures. I<br />
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think we are in a solid position at the moment. I might add that our chairman, Mr Kerry Stokes AC, continues to<br />
be a very solid and generous benefactor of the War Memorial.<br />
CHAIR: Before I go to Senator Fawcett, the presence of the Israeli Prime Minister in Sydney last week<br />
reminded me of the events at Beersheba on 31 October. I wonder to what extent the War Memorial is involved in<br />
that commemoratives process.<br />
Dr Nelson: The Department of Veterans' Affairs is overseeing a major event which will commemorate<br />
Beersheba in October.<br />
CHAIR: We will perhaps leave that to further discussion with—<br />
Dr Nelson: We are providing some material for the interpretive centre that is being constructed there and we<br />
will also provide a commemorative service for Beersheba at the War Memorial at our last post. We will also bring<br />
for public display objects that we have to complement what is already in our First World War galleries.<br />
CHAIR: I will put you on notice as well. That, of course, is the events leading up to commemorating the end<br />
of the First World War in 2018.<br />
Senator FAWCETT: You have stolen my thunder around Beersheba, but that is good to hear. I am glad there<br />
will also be something here, because obviously there are many people who will not be able to make it over to<br />
Israel for that particular commemoration. I will start off by saying, since the last estimates when we spoke, I have<br />
heard many comments by both domestic and international visitors to Canberra who have said that the War<br />
Memorial is one of their highlights. Those who could not attend the last post ceremony have said that they heard<br />
about it and one of their regrets of visiting Canberra was not actually attending the ceremony.<br />
I will just commend you and your staff for not only the initiatives you have put in place but clearly the ongoing<br />
work to maintain the high standard that really engages people, even those who do not have a history as an<br />
Australian. The international visitors were equally positive about it. It is a real credit to you and your staff what<br />
you are doing for Australia. Thank you. To go to the issue of funding, just going back to the portfolio budget<br />
statement. Table 45 talks about grants. I noted that there was an estimated 2015-16 grant for $2.727 million, but<br />
the total grant approved was $8.181 million. I am just wondering if you could give us some detail as to what that<br />
was for and how that has been utilised?<br />
Dr Nelson: I will ask my chief financial officer to answer the question.<br />
Ms Patterson: Unfortunately, I do not have the PBS right in front of me, but from the memory I believe that<br />
the $2.7 grant you are referring to is transfer for the Spirit of Anzac Centenary Experience. Alternatively, it could<br />
be for the official history of Iraq and Afghanistan.<br />
Senator FAWCETT: Feel free to take it on notice.<br />
Ms Patterson: Thank you, I will.<br />
Senator FAWCETT: It is just that there is no explanatory note in the table. I was just interested as to what<br />
that amount was for. The estimate for 2016-17 is that it is $2.7 again, so it looks as though that is a consistent<br />
grant; but there was obviously a spike in that last period. It is page 102.<br />
Ms Patterson: I am sorry, I do not see that figure on the document.<br />
Senator FAWCETT: Section 3.12, grants. Table 45, approved grants. It is about halfway down the table.<br />
Ms Patterson: Is this the 2016-17 portfolio budget statements?<br />
Senator FAWCETT: Let me just check that I am not looking at the additional ones.<br />
CHAIR: The problem with modern electronics, as you and I found in the national centre in Albany on the day<br />
it opened. Neither one of us could make the technology work, as I remember.<br />
Dr Nelson: I would be pretty confident that it is one of two things. It is either the official histories—<br />
Ms Patterson: I found it.<br />
Senator FAWCETT: You found it?<br />
Ms Patterson: Yes, this confirms it is for the Spirit of Anzac Centenary Experience. My apologies for the<br />
confusion.<br />
Senator FAWCETT: That is all right. I had not even yet scrolled back to the top of the document. So that<br />
was just general funding to enable the tour that has gone around Australia, a specific purpose grant for that?<br />
Ms Patterson: Yes, the government provided an original $10 million in funding and, over the years, as the<br />
project progressed, we reallocated funding in the year that the money would be spent. That came through in the<br />
portfolio budget statements.<br />
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CHAIR: Thank you very much. That does conclude the committee's examination of the Australian War<br />
Memorial. I thank you, Dr Nelson, and officers of the War Memorial for your attendance. The committee will<br />
now move to its examination of the Department of Veterans' Affairs.<br />
Department of Veterans' Affairs<br />
[19:55]<br />
CHAIR: I welcome Mr Simon Lewis, the secretary, and officers of the department. Mr Lewis, do you wish to<br />
make an opening statement?<br />
Mr Lewis: There is no opening statement today.<br />
CHAIR: In which case, we will go straight to the questions.<br />
Senator GALLACHER: Can I just go back to some questions I asked of Defence in relation to the National<br />
Mental Health Commission's review of suicide intervention services for Defence Force members and veterans.<br />
Just to recap, the Prime Minister made a decision or an announcement in August that the national Mental Health<br />
Commission would undertake a review of suicide and self-harm prevention services available to ADF personnel<br />
and veterans with a report due back to government in February 2017. We now stand at 28 February 2017.<br />
CHAIR: It is 1 March.<br />
Senator GALLACHER: We passed it! Yesterday was 28 February. How are we looking? Can you give us a<br />
broadbrush description on what has happened?<br />
Mr Lewis: I understand that last week the National Mental Health Commission had some meetings in<br />
Canberra at which they requested an extension, which was granted. I believe they put out a short notice on their<br />
website to advise that they had sought and been granted an extension of time—four weeks—for the delivery of<br />
that report. I think it is now—<br />
Senator GALLACHER: That is an additional month, is it?<br />
Mr Lewis: I think it is just short of that. I think it is now to be presented to government by 28 March.<br />
Senator GALLACHER: Were you aware of any concerns being raised prior to the deadline that we would be<br />
unable to meet this February deadline?<br />
Mr Lewis: I do not think we were. There is a lot involved in a study of this kind. To some extent, it depends<br />
on what emerges through the course of the inquiry itself and the period of time they need to finalise their report.<br />
Obviously, it has been commissioned by ministers and we are assisting with the review, as are Defence and<br />
Health. But it is being done independently by the commission.<br />
Senator GALLACHER: The Prime Minister has announced that a review would take place. We know from<br />
Defence's evidence that the services provided input, focus groups and resources. What did your organisation<br />
provide?<br />
Mr Lewis: I will turn to Ms Campion to assist with that.<br />
Ms Campion: We have worked closely with the commission and with those other agencies—Health and<br />
Defence—to support the review. Each of the three departments provided one full-time officer to work with the<br />
commission to help them link back into the departments and to provide information and other sorts of resources<br />
that they required. At a more senior level, we have also worked very closely, meeting regularly with the<br />
commission. Obviously, we respect their independence, but we were doing what we could to help them given that<br />
it was a reasonably short period of time to do the review. We did what we could to give them as much assistance<br />
as we could.<br />
Senator GALLACHER: How many staff did you provide?<br />
Ms Campion: We each provided one. Health, Defence and DVA each provided one person, taking one person<br />
offline.<br />
Senator GALLACHER: One person each?<br />
Ms Campion: Yes.<br />
Senator GALLACHER: They were a liaison between the National Mental Health Commission and each<br />
respective department?<br />
Ms Campion: Yes, that is right.<br />
Senator GALLACHER: Were those people constrained by the short duration of the time frame?<br />
Ms Campion: No, not to my knowledge.<br />
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Senator GALLACHER: Were they able to get all of the work they needed to do done in that time frame?<br />
Ms Campion: Yes, absolutely.<br />
Senator GALLACHER: So what is the reason for the delay? Is it the compilation of the report or the<br />
evidence?<br />
Ms Campion: I think that would be a question for the commission. The people we took offline to support the<br />
commission completed that work towards the end of last calendar year, so they have come back to the respective<br />
departments and the commission is now doing the detailed analysis of all the information that they received as<br />
part of their research.<br />
Senator GALLACHER: Is your department aware of any groups who approached the commission? Did they<br />
come through you to go to the commission?<br />
Ms Campion: No. The commission approached the groups directly, and they had a reference group to support<br />
them and consult with as well.<br />
Senator GALLACHER: To the best of our department's knowledge, all the groups found their way to the<br />
right area to make their submission? No-one came to you and said, 'We don't know where to go'?<br />
Ms Campion: No, not to my knowledge.<br />
Senator GALLACHER: Do you have any idea how much this review has cost? Who costed it?<br />
Ms Campion: The commission is meeting all of the payments to date. We will split the cost between the<br />
respective agencies who have been involved in the review. That will be DVA, Defence and Health. But we have<br />
not yet received a final invoice from the commission and worked out the respective proportion between the<br />
agencies.<br />
Senator GALLACHER: Excuse my ignorance, but it is paid for by Health.<br />
Ms Campion: It will be paid for by Defence, DVA—<br />
Senator GALLACHER: No, but then the bill will be apportioned out to you.<br />
Ms Campion: The invoice will come to DVA, and DVA will work with Health and Defence to work out the<br />
respective proportions for each of those agencies.<br />
Senator GALLACHER: So you do not actually know what the figure is going to be?<br />
Ms Campion: Not at this stage. We do not have a final yet.<br />
Senator GALLACHER: So you will be presented with a proportion of it. Is that fifty-fifty, thirty-three-thirtythree<br />
or what?<br />
Ms Campion: As I said, we still have not quite finished that part of the process.<br />
Senator GALLACHER: But we are not aware of how much it actually costs at this stage.<br />
Ms Campion: As I said, we do not have a final amount yet, no. We will not until the work is completed.<br />
Senator GALLACHER: Is the new deadline anticipated to be a fixed and firm deadline? All your work is<br />
completed?<br />
Mr Lewis: We would assume so. We are actually quite keen to see the results of this work. It is useful to<br />
inform not just the parliament but also the work of the various departments.<br />
Senator GALLACHER: How many veterans do you think were engaged in the program? Do you have any<br />
idea?<br />
Ms Campion: No. Certainly the commission would, but we do not have that information.<br />
Senator GALLACHER: So no-one came through you.<br />
Ms Campion: No.<br />
Senator GALLACHER: How was it advertised?<br />
Ms Campion: The various aspects of the review? There was a survey that was put online, and the<br />
commission, from memory—<br />
Mr Lewis: I would have thought there would have been ads, but we might need to take it on notice to update<br />
you on that.<br />
Senator GALLACHER: Okay.<br />
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Ms Campion: The commission did issue a media release in relation to the survey and also invited<br />
submissions. Then, of course, they also did a range of focus groups and also did some in-depth interviews with<br />
key experts and others in the area of suicide.<br />
Senator GALLACHER: We know the Prime Minister would have had some attendant publicity. I am curious<br />
about whether after that there was a structured advertising program. If you could take that on notice, that would<br />
be fine.<br />
The same announcement highlighted the establishment of the first suicide prevention trial site in North<br />
Queensland. How is this working? What does it look like?<br />
Senator Payne: As we said in the previous Defence estimates, that is a health initiative. Because of the<br />
location in Townsville, it does have a significant veterans focus, but the Department of Health actually runs the<br />
trial site itself. There are 12 across Australia. I can tell you that. Their focus is on innovative and collaborative<br />
approaches to suicide prevention. In this case, the Northern Queensland Primary Healthcare Network, which is a<br />
Commonwealth entity which covers the state government health area, will receive funding of up to $1 million per<br />
year for three years through to June 2019 to manage the trial.<br />
In December last year, the then health minister, with the Minister for Veterans' Affairs, hosted a roundtable<br />
discussion in Townsville to help plan and inform the design of the trial site. That roundtable did conclude that<br />
better coordination and publicity about both government and non-government services available to veterans and<br />
their families in the Townsville region is needed. There were a number of commitments agreed to as a result of<br />
that roundtable. They include: a shared commitment between the Australian government, the ex-services<br />
community and the health service providers to reducing the rates of suicide in the ex-service community; better<br />
communication about available services to occur; a focus on young former serving men and support services for<br />
the families of ex-serving personnel; and that the Townsville trial develops a suicide prevention model that can be<br />
further used to support the veteran community across Australia. A veterans' suicide prevention project steering<br />
committee was established, consisting of representatives from that Northern Queensland Primary Healthcare<br />
Network and the ex-services organisations, to commence initial planning and to conduct further consultation<br />
activities. I understand it is the Department of Health at the Commonwealth level which is working closely with<br />
that steering committee, as you would expect, to develop the next action items for the trial.<br />
Senator GALLACHER: I understand that this is the first site of 12. Are you at the stage of knowing where<br />
the other locations would be?<br />
Senator Payne: I do not have that detail. It would be Health detail, I should imagine.<br />
Ms Campion: I think there have been four or five announced to date. The Townsville one was the second.<br />
There was one in the Kimberley, with a focus on Indigenous suicide. It was announced prior to the Townsville<br />
one. And I think there have been a few more announced in the last few days.<br />
Senator GALLACHER: So these are health initiatives in respect to suicide, but some of them are tailored<br />
specifically towards veterans?<br />
Mr Lewis: The Townsville one is focused on veterans because Townsville is often described as a garrison<br />
town.<br />
Senator Payne: 'City'.<br />
Senator GALLACHER: I suppose you could add Darwin in there, too.<br />
Mr Lewis: 'City'—yes, I am corrected on that. I said 'town'; I meant 'city'.<br />
Senator Payne: The mayor will take you to task.<br />
Senator GALLACHER: Are there any full-time equivalent positions attached to this funding? Are any<br />
additional people put into these ventures?<br />
Ms Campion: That would be a matter for the primary health network. They will get the funding from the<br />
Department of Health and will determine how they expend those funds to conduct the trial.<br />
Senator GALLACHER: All right. Thank you very much for that. If I can move to probably one of the most<br />
pressing issues in the department—the ICT systems upgrades. PwC has been engaged by the Department of<br />
Finance's Business Advisory Panel. They have come up with $18.7 million to develop a second-pass business<br />
case. Did you meet the deadline on that? Is that completed and submitted to government?<br />
Ms Cosson: I will just give you an introduction, if I may. The PwC contract, which I think you may have been<br />
referencing off our AusTender—I think there was a duplication in its reporting, for one thing. I think the contract<br />
value is just over $9 million—so not the value you just mentioned. With our second-pass business case, as you<br />
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know, in the budget last year we received some funding to develop that business case to be considered as part of<br />
our budget process this year. I can report to the committee that we are on track. I am very pleased with the quality<br />
of that report. PwC was a strategic partner to give us advice in the development of that business case because it<br />
requires a range of artefacts and it requires us to engage very closely with a number of agencies, but also to look<br />
at the digital standards that are required to present a large ICT project. At the moment that business case has been<br />
circulated and, as I mentioned, it is now part of the budget process. It has picked up a range of feedback that, as I<br />
mentioned—<br />
Senator GALLACHER: I have a number of questions. Can you clarify what you just said to us then? I am<br />
talking about Department of Finance business advisory panel from 8 August 2016 until yesterday, 28 February at<br />
a cost of $18.7 million. Are you saying that is wrong? Is it only $9 million?<br />
Ms Cosson: I would have to—<br />
Senator GALLACHER: I think you mentioned a figure of $9 million.<br />
Ms Cosson: Yes. Through AusTender, which I do have in my folder, we entered into a contract with PwC for<br />
our second pass business case for them to provide the service as a strategic partner. I think the value of that<br />
contract was about $9 million.<br />
Senator GALLACHER: Okay. Can we just clarify that?<br />
Mr Lewis: We might need to check that.<br />
Senator GALLACHER: I am looking at a brief that says $18.7 million. So if it is $9 million that is obviously<br />
a significant difference. From what we understand, the role is to identify and prioritise a range of reform readiness<br />
initiatives. Can you describe what the recommendations are?<br />
Ms Cosson: For the business case we have developed we have had a range of workshops and stakeholder<br />
engagement activities to actually listen to our veterans' experience with us and DVA. This business case is<br />
looking at how we can simplify and streamline a range of our processes and, importantly, to give our staff the<br />
tools that they need to support their veterans. At the moment our ICT environment is extremely complex. We<br />
have separate systems supporting the different acts that we administer and it makes it very difficult for our staff to<br />
give the support to veterans in a timely fashion. Our veterans and their families have said that they find it very<br />
complex to navigate the department. The business case has listened and has captured all of that feedback that we<br />
have received. It is offering a range of recommendations for government consideration in the budget process.<br />
Senator GALLACHER: That sounds very positive. Were there also savings measures attached to those<br />
recommendations?<br />
Ms Cosson: Certainly, the business case over a period of time will realise a range of benefits. They include<br />
benefits for the veterans' user experience in their contact with DVA, benefits for the veterans in that early<br />
intervention and early engagement with them so that we reduce the longer-term health costs through delays in<br />
actually getting their claims and that treatment that they need early and benefits in how we deliver a more<br />
efficient and effective support arrangement for our veterans.<br />
Senator GALLACHER: I fully support longer-term benefits for people being healthier and needing less<br />
assistance. In the environment we are living in at the moment are there any brutal savings measures recommended<br />
by this advisory panel? Are they saying you are doing things wrong or should be doing things cheaper?<br />
Ms Cosson: They are certainly saying we could do things more efficiently by streamlining our business<br />
processes. We have done some considerable work with our staff to understand where we can streamline those,<br />
remove those inefficiencies and ensure that we are still compliant with our legislation. Those processes will<br />
realise efficiencies in the longer term.<br />
Senator GALLACHER: Can you give us an example of an efficiency that has been recommended?<br />
Ms Cosson: I might ask Ms Pope if she can recall any off the top of her head.<br />
Ms Pope: We have done a particular piece of work and a project we call the Lighthouse, which is meant to<br />
show the way we are going to develop in the future. One of the things we have examined there is the initial<br />
liability process, which currently takes up to about 120 days. It is a paper based application and so on which is the<br />
process that a veteran needs to go through to establish the causal link between whatever their condition is and<br />
their service. That is the first step towards making a claim. We have looked at a way to make this available on a<br />
phone-based app with a much shorter number of questions and including the opportunity to be able to upload your<br />
doctor's diagnosis for whatever the condition might be. This applies to musculoskeletal injuries, which are some<br />
of the most common that veterans experience—problems with knees, hips, back, shoulders, neck and that kind of<br />
thing. We have been testing this with veterans, who found it takes somewhere between 10 and 20 minutes to<br />
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complete an online application to the department. The quickest resolution of one of those applications has been<br />
within four days, compared to 120 days. That is for a small subset of our cases, because we are testing this, taking<br />
a sort of wide approach but a fairly thin one, to look at what we think we can improve, and the results for this so<br />
far have been very positive.<br />
The other element of this is looking at what we call straight-through processing. By establishing the nature of<br />
the length of your service and the particular service that you have been engaged in, we can work out that you will<br />
have qualified for an initial liability without you having to account for how many kilograms you have lifted or<br />
how many ladders you have climbed, depending on which service you are in. That has a really major streamlining<br />
impact on a whole range of cases and really reduces the amount of investigation we have to go through in order to<br />
establish that causal link.<br />
Senator GALLACHER: Are you able to do a cost-benefit analysis on that the example?<br />
Ms Pope: We will do. We are just working towards the next trial of that on a wider basis, and that will help us<br />
to get a better baseline of what we think we will be able to achieve. We do not quite have those results yet, but the<br />
early indications are very positive.<br />
Mr Lewis: That is work we are doing with the central agencies, who, of course, are in a sense seeking to<br />
verify and confirm the business case we are putting forward in order to get support through the current budget<br />
round.<br />
Senator GALLACHER: It seems to be an eminently sensible way of doing it. You have got it electronically;<br />
you can move it around. You can probably still lose it, Mr Lewis—<br />
Mr Lewis: We will try not to!<br />
Senator GALLACHER: but you can still claim it back, I think.<br />
Mr Lewis: If they can do their own business on one of these, we will be in the 21st century.<br />
Senator GALLACHER: So you will do a cost-benefit analysis, obviously, as you get a bigger dataset.<br />
Ms Pope: Yes, absolutely.<br />
Senator GALLACHER: Did the PWC report only make recommendations in relation to ICT or did it have a<br />
broader scope in other functions?<br />
Ms Cosson: Certainly, our second-pass business case is looking not just at the ICT. As we know, just<br />
delivering an ICT solution does not actually realise the broader business benefits. We are particularly looking at<br />
how we process our claims, how we as an organisation are designed to support the veterans and how we as a<br />
leadership team fundamentally change our whole frame of thinking from a claims based, paper based organisation<br />
to one that is putting the veterans at the centre of our business and our thinking. The business case that PWC has<br />
helped us deliver is covering off on a range of initiatives to improve the business model, including IT.<br />
Senator GALLACHER: A report has been made available to government. What recommendations from the<br />
report are you able to disclose?<br />
Mr Lewis: I do not think we are able to discuss the specific recommendations at this stage. Obviously, once it<br />
has been through government and government makes a decision, we would be happy to share with you the<br />
government decision. But, in the meantime, we have given you a pretty good sense of the kinds of issues that are<br />
coming up in the report. I did want to add: one of the benefits of getting our clients to be able to do a lot of this<br />
stuff themselves through streamlined processing is that it frees up DVA staff. We will be able to focus on the<br />
more complex cases—individuals with multiple needs, comorbidity et cetera—so we can provide them more<br />
tailored support then we have been able to in the past.<br />
Senator GALLACHER: You have obviously invested a significant amount of funds in this report, and I am<br />
heartened by the advice you are giving here, but I want to drill right down. Are there substantial savings<br />
recommended in this report?<br />
Mr Lewis: It is not about savings; it is actually about a business case to get the government to support what<br />
will be a very substantial spend. Of course we will want to build that case around a way in which we are going to<br />
deliver services to veterans which meets their needs, but it will be in a much more efficient way than we do now.<br />
With, as I have described in the past, 200 systems and I do not know how many databases—probably hundreds<br />
again—that do not talk to each other, we do not have a whole-of-client view and we cannot support our clients the<br />
way we need to. The reality is: when we adopt a modern ICT infrastructure, we will be able to do that much more<br />
efficiently than we do now. For an individual claim to be processed now might require a delegate to open up more<br />
than a dozen systems at the same time. As our ICT gets older we only need the system to go down and they have<br />
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lost possibly a day's work. There are really quite compelling reasons why we need to have this ICT<br />
redevelopment. It is much more than just that.<br />
Senator GALLACHER: There has been a substantial spend on this report; I am not sure whether it is $9<br />
million or $18 million. You are making a business case for a further substantial investment in the department.<br />
Will this report be made public at any stage?<br />
Mr Lewis: It will be a report of the government. It will be the minister's decision what he does with the report.<br />
Let me say this: there will be a lot of information that we will want to convey after budget night, depending on<br />
what the government's decision is, because at one level this needs to be thought of as a high-level blueprint for the<br />
transformation of the department. It is much more than ICT; it is an entirely new way of operating into the future.<br />
Senator GALLACHER: From the department's perspective this is informing the minister in advance of<br />
budget to get some funding.<br />
Mr Lewis: And the Expenditure Review Committee of cabinet.<br />
Senator GALLACHER: Will the final decision be for the Minister for Veterans' Affairs?<br />
Mr Lewis: It will be a government decision.<br />
Senator GALLACHER: It will be a cabinet decision, basically. When would we expect a decision to be<br />
made?<br />
Mr Lewis: I would be thinking the second Tuesday of May.<br />
Senator GALLACHER: Tuesday, 2 May.<br />
Mr Lewis: No, the second Tuesday of May.<br />
Senator KAKOSCHKE-MOORE: My office has recently been alerted to an issue where veterans claiming<br />
compensation related to service where that service is classified regularly have their applications for compensation<br />
rejected at the first instance because the DVA delegates do not have the authority to confirm when classified<br />
service occurred. Currently many of these rejections are being overturned on appeal. Has the department<br />
considered a more effective approach whereby, if a compensation claim refers to a classified operation, the claim<br />
goes through a delegate authorised to receive such information or Defence are provided with information and they<br />
then note that the claim period is correct?<br />
Mr Lewis: I would like to think that we would not have any cases like that, so thank you for raising the issue.<br />
It is an important one. We are aware that sometimes there are classified operations where we need to have<br />
procedures to deal with that, and I thought we did. I will turn to Mr Geary.<br />
Mr Geary: I checked around today on this particular issue and my staff tell me that they are not coming<br />
across that type of problem. We do have a point of contact in DVA who can contact Defence. We do not need to<br />
know the specifics of the service or the operation. We just get an answer: 'Yes, something has happened.' My staff<br />
tell me that most of those claims are for people who were involved, say, in the commandos or the SAS et cetera<br />
and that those claims are pretty much accepted. So I would be interested to know if you have come across some<br />
cases where that has not occurred.<br />
Senator KAKOSCHKE-MOORE: I have and I was speaking with someone just last week, on Thursday I<br />
think, who is an ex-submariner and there is some dispute or confusion around when he was on particular<br />
deployments and there not being any official records. In this particular case his application was refused by DVA<br />
and it is currently being appealed in the VRB. I understand the VRB have adjourned on the basis that they are<br />
waiting for DVA to provide information about his service history. There is a particular document that they need.<br />
The applicant, in this case, has the document and can provide it to the VRB, but the VRB are saying, 'No, we need<br />
to get that from DVA.' Just last week claims that relate to service which was classified were being rejected—I<br />
know of them personally.<br />
Mr Geary: DVA relies on the service documents from Defence, so whatever Defence give us is what we use.<br />
Senator KAKOSCHKE-MOORE: Is it possible that these service documents do not always contain<br />
information about particular missions that were classified?<br />
Mr Geary: Staff who work for me tell me that some of their service documents are not complete. I have staff<br />
working for me who are ex-service personnel and they say some things are missing from their service documents.<br />
That can happen, I guess, in the hurly-burly of deployments et cetera.<br />
Senator KAKOSCHKE-MOORE: So it is possible that that can happen. I think it is in many of those<br />
circumstances where the ex-service person then goes on to try to claim compensation and their service histories<br />
are incomplete.<br />
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Mr Geary: Yes.<br />
Mr Orme: If that member has a document that pertains to the proof and the evidence of their service, then I<br />
would assume that has been submitted in a claim in the first place. If he has retained a document that he has not<br />
given to the department, then it is very difficult for the department to make a decision in the absence of that<br />
document. He has the documents—<br />
Senator KAKOSCHKE-MOORE: He did not obviously withhold it; he found it after he was told he needed<br />
to find it, and, with his own searches, he managed to obtain it in that circumstance.<br />
Senator Payne: I think it is very difficult and, in fact, verging on invidious to discuss individual cases in the<br />
context of an estimates committee. But certainly the officers from Veterans' Affairs and my officials from<br />
Defence would work together to facilitate rectification of any problems that you have identified through<br />
representations made to you.<br />
Senator KAKOSCHKE-MOORE: I appreciate that, and I had this person's permission to discuss this.<br />
Senator Payne: I understand that. I still think it is very difficult for the officials, though. It can become a 'he<br />
said, she said' circumstance. I do not think that is helpful.<br />
CHAIR: Do I interpret that Senator Kakoschke-Moore would be at will to share this information if she has got<br />
the permission of her constituent—<br />
Senator Payne: She has indicated that she is, and I understand that. I just think it puts the officials in a<br />
difficult position, but I know that Minister Tehan and his office would be very happy to look into this personally.<br />
Senator KAKOSCHKE-MOORE: Thank you.<br />
CHAIR: It would be wise to take the specifics of that up with them.<br />
Mr Lewis: I think the key point is that we will always then be relying on Defence. That is the reality because<br />
as part of every claim we process, we are essentially reaching back into Defence in relation to that service history.<br />
The quality of the service record is a matter for Defence.<br />
Senator Payne: And part of the effort that Senator Tehan is working on, and I am working on with him—<br />
CHAIR: Minister Tehan; we are not going to elevate him to Senator!<br />
Senator Payne: Indeed; I am severely chastened for my error—part of the effort that Minister Tehan is<br />
working on in terms of the seamless transition, which is what we would like to effect for serving members who<br />
are leaving Defence. We would like to effect a seamless transition between Defence and Veterans' Affairs, if they<br />
end up in the veterans' affairs context. Part of that is addressing problems just like this.<br />
Senator KAKOSCHKE-MOORE: Thank you. The reason I have raised that example is that I felt it was<br />
being put to me that this was not happening, and so I felt that I needed to put an alternative view to that. Just<br />
going on to the point that you made that sometimes service histories can be incomplete: what sort of evidence<br />
could be accepted by DVA in order to fill in those gaps? Would a statutory declaration of somebody who was<br />
with the particular person confirming that 'yes, they were present with me between these dates' suffice?<br />
Mr Geary: That can be taken into account, yes.<br />
Senator KAKOSCHKE-MOORE: Will it be enough?<br />
Mr Geary: It depends on the circumstances.<br />
Senator KAKOSCHKE-MOORE: Can you give me some examples of some other sort of qualitative<br />
evidence?<br />
Mr Lewis: There might be contrary views from other people at the time, for example.<br />
Senator KAKOSCHKE-MOORE: That they were not on that particular—<br />
Mr Lewis: Yes.<br />
Senator KAKOSCHKE-MOORE: How would DVA find that out?<br />
Mr Lewis: It is hypothetical. You raise such a hypothetical issue that I am not sure I can give you a lot of<br />
insight into how it would be assessed, because it depends on the circumstances at the time.<br />
Senator KAKOSCHKE-MOORE: With respect, though, it is not a hypothetical situation.<br />
Mr Lewis: But, as the minister just made the point, we cannot get into the specifics of an individual case at<br />
this inquiry.<br />
Senator KAKOSCHKE-MOORE: But I am just asking in general; would a statutory declaration be enough,<br />
and if not, what more—<br />
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Senator Payne: You are armed with a lot more information than we are.<br />
Mr Lewis: I do not know what the stat dec might say. I do not know, when we make inquiries of Defence,<br />
what they might say. It would need to be looked at; that is the point.<br />
Senator KAKOSCHKE-MOORE: Is there any other guidance or suggestion you might make about what<br />
information would be helpful to DVA in terms of filling the gaps that exist in records provided by Defence?<br />
Mr Orme: If the individual gave an account of what their contention was—the dates the events occurred,<br />
what occurred, who was there at the time, and any supporting evidence that assists a delegate to make a<br />
decision—it would all be taken into account. In this case that you have identified previously, there was evidence<br />
that the delegate did not have available to them, and subsequently appeared. When delegates get all the<br />
information and the story in front of them in as simple terms as possible, they will make the decision based on the<br />
circumstances, and engage with Defence and engage with other sources to corroborate the evidence. If it is clear,<br />
then the decision is made in favour of the veteran.<br />
Senator KAKOSCHKE-MOORE: Thank you. I will leave my questions there for now, and I do appreciate,<br />
Minister, your indication that Minister Tehan would be willing to look into matters such as the ones that have<br />
been brought to my attention about service histories being incomplete and challenges facing veterans as a result.<br />
As part of the inquiry into veterans suicide that is being held by this committee, we had a public hearing in<br />
Brisbane last month, and at that hearing an organisation called Ruff Love appeared. Ruff Love are based in<br />
Queensland, and they train assistance animals for veterans, particularly those with some mental health challenges,<br />
such as PTSD, and some of them have been suicidal. The evidence they gave was incredibly compelling, and<br />
when I put to each of the individuals from that group whether or not they believed that their assistance dog had<br />
saved their life they all said yes. So, anecdotally at least, the benefits of assistance animals were heard by the<br />
committee on that day.<br />
We also heard that there has been an instance where DVA has approved an assistance animal for a particular<br />
person. We were not given any information about this, and I do not have any specifics. So, my questions are<br />
around how DVA went about approving the assistance animal and whether or not that is an option that is<br />
available to more veterans if they wish to pursue that particular aid.<br />
Mr Lewis: At this stage in restricted circumstances only. But I will ask Ms Foreman to assist the committee.<br />
Ms Foreman: At the moment we receive requests for two types of assistance dogs—one from people with<br />
sensory or motor inabilities and the other from people with mental health conditions. We run an evidence based<br />
system in relation to compensation and support. At the moment this evidence that dogs are able to assist people<br />
with picking up the remote control, turning on the TV or walking—for sensory and physical illnesses or<br />
disabilities, the evidence is that assistance dogs provide a very helpful service—in relation to mental health the<br />
evidence is not quite there yet. We are aware that the United States government is looking at this issue as well,<br />
and they will be reporting in 2018 on the ability or the efficacy of using assistance dogs to support people with<br />
mental health conditions.<br />
So, we are in touch with the United States defence services in relation to this study, and we are watching it very<br />
closely, and we are looking to see what that study shows in terms of the circumstances in which assistance dogs<br />
might be helpful for people with mental health conditions and what type of support we might need to give with<br />
the assistance dog. We might have to do other things as well. But the main thing is that we need to have some<br />
evidence behind us, and there is no evidence in this area. As you mentioned, there are quite a lot of anecdotal<br />
stories from veterans about how helpful and comforting they find being with dogs, but we just do not have the<br />
evidence yet. So, we are waiting for that study to be completed.<br />
Senator GALLACHER: Could I ask what the evidence would look like?<br />
Ms Foreman: It could look at a number of things, but it would look at what the experience has been in the<br />
United States for returned army officers et cetera in terms of the sort of support the dog has given them and, as I<br />
said, what other support we might need to give for people with mental health issues. It needs to be part of a formal<br />
treatment plan.<br />
Senator GALLACHER: So, you would need a doctor to certify that their mental health has improved<br />
through the experience with the dog.<br />
Ms Foreman: That would be one thing. But, as I said, we would also need to see what other supports—<br />
because caring for a dog is not just about the dog being there when you are not feeling well; there are<br />
responsibilities when you have a dog, and we would need to be sure that we were able to equip veterans who have<br />
mental illnesses with the right support so that if it does form part of their treatment plan—<br />
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Senator GALLACHER: I understand perfectly what you are saying. I am just wondering what the evidence,<br />
whenever you get it, will look like. Will it be a collection of doctor's reports that say, 'Patient A has a 100 per cent<br />
outcome'?<br />
Ms Foreman: No.<br />
Senator GALLACHER: Or 'Patient B couldn't look after the dog and failed'?<br />
Ms Foreman: No. It would be much broader than that.<br />
Senator GALLACHER: So, what will it encompass?<br />
Ms Foreman: It would be broader in terms of the types of illnesses. It would look at the types of dogs, what<br />
sorts of services would need to be provided and, as I said, what sort of additional support may need to be given to<br />
the veteran in certain circumstances.<br />
CHAIR: Certainly anecdotally we heard from witnesses saying that the number of visits they are making to<br />
psychologists and psychiatrists has dropped dramatically.<br />
Ms Foreman: Yes.<br />
CHAIR: And Senator Kakoschke-Moore can correct me, but I think one particular person said that their<br />
actual levels of medication have dropped dramatically as a result.<br />
Ms Foreman: Yes.<br />
CHAIR: Since we have interrupted your line of questioning—<br />
Senator FAWCETT: But we are all coming in on your side, so—<br />
CHAIR: I am not declaring my veterinary interest at all!<br />
Senator FAWCETT: In fact, veterinary interest is what I am going to talk about. Back as far as 2004, when<br />
we were looking at setting up a veterinary school in South Australia, one of the parts of the argument was actually<br />
around some studies that had been done on pet therapy. So, clearly there is a body of evidence out there already<br />
working with people with a whole range of conditions, from the autism spectrum through to other mental health<br />
issues. Has the department sought to do a desktop study of existing work in controlled trials et cetera to establish<br />
the efficacy, rather than repeating what has already been done? Have you taken the approach of seeing what<br />
already exists that might be able to give you those guidelines you are looking for?<br />
Ms Foreman: We have, but at the moment the evidence is not in yet regarding using those sorts of dogs as<br />
part of a medical treatment plan, which is what we provide to veterans. I am hoping that it will come in and that<br />
we will get a clear idea of when we can provide such dogs and, as I said, what other supports might need to be<br />
given. But we need to see that from a medical perspective and an overall perspective that giving an assistance dog<br />
to a veteran with a mental health condition is a good outcome and the dog can be cared for. But Mr Bayles just<br />
wanted to say something to add to that.<br />
Mr Bayles: The United States study Ms Foreman referred to is a study being done by the United States<br />
Department of Veterans Affairs. It is a controlled study. They are looking at matching veterans who have PTSD<br />
with dogs for a period of time, and then after that time, over the course of maybe 18 months, assess what the<br />
impact on the veteran has been of having had that dog in terms of quality of life and improvement in health and<br />
wellbeing. So, it is a controlled study and it will tell us more about whether there is an effect that is more than just<br />
a short-term effect—is there a long-term effect? And it will be a properly constructed research study, as opposed<br />
to just an individual doctor saying, 'This veteran would benefit from having a dog.' This is a research study being<br />
done by the United States Department of Veterans Affairs.<br />
Senator FAWCETT: Sure, but I guess my question goes to: why put all of your weight on one study if there<br />
have already been multiple studies done that have measured the efficacy of the interaction between a person who<br />
has a range of conditions and the dog? It strikes me that we are perhaps unnecessarily delaying support that would<br />
be beneficial to the veteran and potentially more cost-effective for DVA in terms of delivering service.<br />
Ms Foreman: Just so that you are aware, this was recently considered by the Military Rehabilitation and<br />
Compensation Commission and the Repatriation Commission, and they are very keen to see the future evidence<br />
that we can find. But at this stage it was felt that there was not the evidence to support it. There is a lot of<br />
anecdotal evidence, but there has not been a controlled study, as Mr Bayles mentioned, that provides evidence<br />
that a companion dog assists with medical treatment. And that is what we need to have before we are able to go<br />
out and provide and pay for dogs for veterans with mental health conditions.<br />
Senator KAKOSCHKE-MOORE: Was I correct, then—and please correct me if I am wrong: has DVA<br />
approved an assistance dog to date?<br />
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Ms Foreman: Yes, for people who have sensory and physical conditions. We have a framework for that, yes.<br />
Senator KAKOSCHKE-MOORE: Okay. Just in light of what was said, I wanted to double-check my<br />
understanding of the circumstances in which those approvals took place. So, there is more than one?<br />
Ms Foreman: We might have to take that on notice. I am aware of one.<br />
Senator Payne: Sorry—what was that question, Senator?<br />
CHAIR: The question was on financial support for a veteran having, or the cost of, a dog, but it has been on<br />
the basis of a defined condition—<br />
Ms Foreman: Sensory condition.<br />
CHAIR: which clearly the dog assists with.<br />
Senator Payne: I am interested in Senator Kakoschke-Moore's questioning. I might take it up with the<br />
Minister for Veterans' Affairs myself.<br />
Senator KAKOSCHKE-MOORE: Thank you.<br />
CHAIR: And Minister, you will be pleased that in addition to the canine side of things there is also a program<br />
with horses.<br />
Senator Payne: Canine, equine, feline, piscine—all in favour!<br />
Senator KAKOSCHKE-MOORE: Chair, I was going to move on to a completely separate line of<br />
questioning. I am not sure if now is the time to do it.<br />
CHAIR: Use the opportunity while you have it. I will go to Senator Roberts in about two or three minutes.<br />
Senator KAKOSCHKE-MOORE: I will see what I can do on this one as it may be a bit contentious. It is in<br />
relation to the government's digital readiness bill and, in particular, the minister's rules surrounding the public<br />
disclosure of personal information. Over the weekend there were reports about similar rules within the<br />
Department of Social Services being used to authorise the disclosure of personal information in response to<br />
complaints that had been made by an individual in relation to Centrelink's debt recovery system. I am curious to<br />
know whether the extent of the information that was released by the Department of Human Services to the media,<br />
to correct the record—I think that was the basis on which the information was released—would be as much as<br />
under the rules that are proposed in this legislation?<br />
Ms Spiers: I have not been able to confirm this directly with the Department of Human Services, but<br />
according to the media releases that I have seen in relation to the particular event you are referring to, the Human<br />
Services release of information, in accordance with that issue, was not the equivalent public interest disclosure<br />
rule that is being proposed by DVA's digital readiness bill. In fact, I am informed that it is in accordance with<br />
section 202 of the Social Security (Administration) Act 1999—the secrecy and confidentiality elements of that<br />
particular act. When we were looking at the bill that is currently before the House of Representatives, the digital<br />
readiness bill, we were proposing public interest disclosure rules using the equivalent of 208 of the Social<br />
Security (Administration) Act 1999. So I cannot comment on the extent of the disclosure that happened because I<br />
do not think it is like for like provisions.<br />
Senator KAKOSCHKE-MOORE: I apologise but I do not have those sections of the social security act to<br />
hand. Is section 208 narrower in scope than section 202 in terms of the type of information that can be released?<br />
Ms Spiers: I am not sure. I do not have 208 with me—I have 202. But 208 is the public interest disclosure<br />
equivalent that allows the ability for the Minister for Social Services to make rules for the purposes of the<br />
disclosure. There are no rule-making powers as far as I can read with section 202, which is the provision I am told<br />
was the fundamental underpinning of the disclosure at the weekend.<br />
Senator KAKOSCHKE-MOORE: I see. There were no rules governing the release of information under that<br />
particular section of the act?<br />
Ms Spiers: To the best of my knowledge. But, as I said, I am relying on media reports that suggested that it<br />
was section 202. It is a disclosure power at section 202, and it is not the provision that we were relying on as the<br />
equivalent disclosure provisions for the public interest disclosure rules that were developed in the digital<br />
readiness bill.<br />
Senator KAKOSCHKE-MOORE: If you could confirm your understanding of that on notice that would be<br />
fantastic.<br />
Senator MOORE: Ms Spiers, we met the other day.<br />
Ms Spiers: Yes, Senator.<br />
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Senator MOORE: I am interested in the same question that Senator Kakoschke-Moore just asked, but I<br />
understand that we have to clarify the legislation. What I am more concerned about is the final end result. Is the<br />
kind of information that we have seen publicised quite clearly in the media in the last couple of days, and the<br />
response to that information, the kind of information that we are considering in the other piece of legislation?<br />
Listening to evidence the other day, it was clear that under special circumstances to correct the act that may have<br />
impact on the wider community when there are those provisions that the secretary could authorise the release of<br />
details of someone's claim. I would like on notice the parameters of the kind of information that can be released.<br />
When I read that information, I spoke with Senator Gallacher. It seemed to me that it was exactly what we were<br />
talking about in our hearing. People had made a claim about a process in the media and then the secretary of<br />
Human Services felt—I presume; we have not asked Human Services—that that was bringing the department into<br />
such disrepute and it could cause other people to fear what was going on, that it may be a similar outcome. Could<br />
we get that information clarified?<br />
Ms Spiers: I am happy to do that. I just want to clarify with the committee: the ministerial rules that apply in<br />
the social services context are obviously the responsibility of that portfolio—<br />
Senator MOORE: Yes, absolutely.<br />
Ms Spiers: The ones that are being developed by Minister Tehan for the digital readiness bill are specifically<br />
tailored for the veteran community and there are aspects of those rules that are very much akin to the issues that<br />
are of concern in terms of the release of information. It is very difficult to compare. While we said, and we have<br />
made it clear, that the digital readiness bill and its rules are based on the original ones from Human Services and<br />
Social Services, I think that is where the comparison should end, because after that we have made quite distinct<br />
and significant changes to the draft rules—excuse me, Minister Tehan has; I will correct who is making the<br />
changes—and those are very much tailored to the experience of the veteran community.<br />
Senator MOORE: But could the end result be that the background to someone and the background to the way<br />
they made a claim would be the wideness of the information that could be released? That is what I am interested<br />
in.<br />
Ms Spiers: That is fine—and I think Minister Tehan will be comfortable with me saying it to this<br />
committee—there are very clear limitations to the level of information that is being proposed in the public interest<br />
disclosure rules in relation to what can be released. We shared that with the committee the other day. In all the<br />
consultation that has been very clear. The other thing I think the minister will be comfortable with me sharing is<br />
that, following the consultation with the Office of the Australian Information Commissioner, one of the other<br />
limitations to be proposed in the rules is that there has to be a genuine attempt to correct the record using deidentified<br />
data first. In terms of some of the questions you have asked about the operation of the Human Services<br />
rules, that would possibly be a matter that should be referred to the relevant minister. I am not sure of the process<br />
for that.<br />
Senator MOORE: That will be tomorrow night.<br />
Senator GALLACHER: Just for clarity, will the rules be put up at the same time as the legislation?<br />
Ms Spiers: No.<br />
Senator GALLACHER: So the legislation passes and the rules are contained elsewhere?<br />
Ms Spiers: That is—<br />
Senator GALLACHER: When does someone who may be concerned about this get a chance to look at both<br />
of those?<br />
Ms Spiers: The proposal is that the legislation passes which authorises the making of the rules. Without the<br />
legislation passed, there is no authority to make the rules. At present, the work that Minister Tehan has been<br />
undertaking, in consultation with the shadow minister for veterans affairs, has been looking at a draft that has<br />
been tailored to the purposes of the veteran community. As I understand from my discussions with the minister,<br />
he is comfortable with the consultation with not only the veteran community but the shadow and other like<br />
parties, that the—<br />
Senator GALLACHER: So the rules will be subject to the consultation with various groups?<br />
Ms Spiers: Correct. Once he is comfortable with making them, he executes the rules, but there is a list of<br />
instruments, so they are subject to a disallowance requirement sitting in both houses.<br />
Senator GALLACHER: They stand for 15 days?<br />
Ms Spiers: That is correct.<br />
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Senator GALLACHER: Thank you.<br />
Senator ROBERTS: Thank you for appearing tonight. We have three former servicemen in our team and<br />
they are all very proud of serving the country. I am also cognisant of your responsibility to protect taxpayer funds.<br />
I am also aware of the responsibility that veterans have shown at forums I have attended, especially in connection<br />
with post-traumatic stress disorder. It really is remarkable to see these people. It is a very difficult topic. I will<br />
start by asking: on average, what percentage of claims for compensation by former and current members of the<br />
Australian defence forces are initially rejected by the Department of Veterans Affairs?<br />
Mr Orme: In 2015-16 there were 44,588 primary decisions. A primary decision is the initial decision to<br />
accept or reject liability. Liability is the contention that the veteran has served, the veteran has an illness or an<br />
injury that is diagnosed and we accept liability for that injury or illness as it was caused by their service. There<br />
were 44,588 in 2015-16. Of those decisions, 5,543 or 12.4 per cent were reviewed. Of those decisions that were<br />
reviewed, 2,022—4.5 per cent—were set aside or varied. That is when it goes to the Veterans' Review Board or<br />
the Administrative Appeals Tribunal. The principal reason that a decision is varied is that, after the initial decision<br />
is made, further information is provided. We saw an example of this earlier this evening: service was<br />
subsequently found after a document was asked for and the veteran found it. Further information is provided, and<br />
that is generally the main reason decisions are changed. Overall, of those that are set aside or varied, that is 36 per<br />
cent of those who actually present across the board. In broad terms, there were 44,588 decisions in 2015-16 and<br />
5,543 were appealed. Those set aside were 4.5 per cent of the total.<br />
Senator ROBERTS: How many were rejected initially—what percentage? I do not understand all the<br />
technology.<br />
Mr Orme: For example, a person might make a claim that they have cataracts caused by their service. On<br />
investigation of that claim, you may find that those cataracts were actually congenital, as in they were caused at<br />
birth and were not caused by service, so the claim would be rejected. Of course, a number of claims like that may<br />
not be rejected. The ones that are rejected and then appealed are the ones that I think are in contention. A veteran<br />
might say: 'I accept that rejection. The cataracts that I have are congenital, not caused by my service. Okay. I'm<br />
not going to appeal that.' That is, a simple act of rejection does not mean that the veteran is dissatisfied. Quite<br />
often, they understand what has caused that particular medical condition. If they are not satisfied with the<br />
rejection then they can go to appeal. Those appeals are what I have been talking about—the 5,543. They go on<br />
appeal to the Veterans' Review Board or, subsequently, the Administrative Appeals Tribunal.<br />
Senator ROBERTS: It is about 12 per cent?<br />
Mr Orme: It is 12.4 per cent.<br />
Mr Lewis: Could I just add one comment. Your question was about PTSD. I just want to make sure—<br />
Senator ROBERTS: It was not just about PTSD. It was about all—<br />
Mr Lewis: It was about mental health conditions et cetera. I want to make it clear that we are talking about the<br />
liability path or the claims-processing path now. It is important to recognise that the government decided in the<br />
last budget to provide non-liability health care. Provided you have served at least one day in the ADF—it does not<br />
matter when—you now have access immediately to support for mental health conditions, including PTSD,<br />
anxiety, depression, substance abuse and alcohol abuse without the need to establish a claim. In terms of the<br />
healthcare treatment path, people can get support straightaway. We are trying to use every avenue we can identify<br />
to get that message out, because there are a lot of people out there right now who are pursuing just the liability<br />
path, but they also have immediate access to health care through the non-liability path.<br />
Senator ROBERTS: Who do we speak to about that?<br />
Mr Lewis: We are the people. It is our department. We run it. This is available. It has been announced any old<br />
number of ways, but it is very hard to get the message out to everybody. Please, if you are talking to anyone and<br />
they have served in the ADF, tell them we have automatic, available health support for people with any of those<br />
five mental health conditions, which, by the way, then entitles them to counselling and support through the<br />
Veterans and Veterans Families Counselling Service.<br />
Senator Payne: Certainly, the department could provide an update pack of information to senators' and<br />
members' offices to prompt contact with Veterans' Affairs in relation to those issues. I think that might be timely,<br />
given the issues that you are raising.<br />
Senator ROBERTS: Thank you very much—maybe that would be appropriate and timely—but can I talk<br />
with someone about that specifically?<br />
Senator Payne: Yes, of course.<br />
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Senator ROBERTS: Mr Lewis, is it?<br />
Senator Payne: I am actually the minister. I will provide a contact for you with the minister's office.<br />
Senator ROBERTS: Thank you. As you know, we get deluged with paperwork, and it is hard to sift what is<br />
really meaningful. We would like to share that with people, because one of the things I have recognised is that, in<br />
the community of former service men and women, there are people who go into their shell and do not<br />
communicate. We recognise that as a problem. They recognise that. They themselves are forming a lot of selfhelp<br />
groups spontaneously. There are a lot of wonderful people doing amazing things out there. What sort of<br />
claims dominate? I was not referring just to PTSD claims. What sort of claims dominate—cataracts, PTSD?<br />
Mr Orme: I will go to a list of the top 25 conditions. The top one is tinnitus, which is the ringing in the ears.<br />
The second is acute sprain and acute strain. The next is fracture. The next is rotator cuff syndrome. Then there is<br />
lumbar spondylosis, shin splints, osteoarthrosis, PTSD and—<br />
Senator ROBERTS: What rank would PTSD be?<br />
Mr Orme: Seven or eight. Most of the conditions that present are musculoskeletal, based on the wear and tear<br />
of military service across three services. By far, the very vast bulk of our claims are musculoskeletal. PTSD<br />
comes in around the order I just mentioned. Then there is intervertebral disc prolapse; internal derangement of the<br />
knee; sensorineural hearing loss; dislocation; chondromalacia patella; depressive orders; joint instability; cut, stab,<br />
abrasion and lacerations; plantar fasciitis; external bruise; adjustment disorder; inguinal hernia; labral tear; acute<br />
meniscal tear of the knee; cervical spondylosis; Achilles tendinopathy and bursitis; and alcohol dependence and<br />
abuse. They are the leading 25 conditions.<br />
Senator ROBERTS: And the last one would possibly reflect stress in some way?<br />
Mr Orme: I do not have a medical background but you could draw that inference. It would seem to make<br />
sense. Many of those comorbidities tend to travel together, particularly in the mental health space. Depression,<br />
anxiety, substance and alcohol abuse travel in a very unhealthy pack, and our veterans suffer from the<br />
comorbidity of those things as well as, quite often the musculoskeletal thing going with it. I think one of the<br />
unique elements of veterans and treating veterans is ensuring not only the physical presentation that might come<br />
when they visit their GP but also those other elements of mental health that may arise as well.<br />
Senator ROBERTS: Do you have a breakdown comparing those top 25 for people who have served in armed<br />
conflict versus those who have not?<br />
Mr Orme: The musculoskeletal ones are generally due to the rigours of training. We have done some work—<br />
Senator ROBERTS: That is what I was getting at. It is a very strenuous occupation if someone goes into<br />
battle—that is obvious—and it must affect him or her. I am just wondering if there is a difference, especially with<br />
mental health issues.<br />
Mr Orme: The difference appears in the way we assess the contention that the veteran puts forward—the<br />
burden of proof, if you like. If their condition occurs during warlike service, they have a more beneficial<br />
interpretation of the likelihood of that event having occurred. So the burden of proof is lesser; it is a reasonable<br />
hypothesis. If they are in peacetime training, the burden of proof is slightly higher to establish the facts of the<br />
injury being related to service. So, at the very core of the legislation, is the notion of warlike service and the more<br />
beneficial interpretation of claims that are made under the conditions of warlike service.<br />
Senator KITCHING: This committee has been doing an inquiry into suicide by veterans and ex-service<br />
personnel. We had some hearings in Brisbane and some of the people who spoke in the community statements<br />
part of the hearing indicated that their claims had taken some time, including musculoskeletal claims or injury that<br />
they were claiming for. Some people had obviously been in the system for many years and their claims had not<br />
yet been approved. I think one person was from a base. So it was not from being in a theatre of war; the injury<br />
occurred at a base. His claim has not been accepted yet but it had been in the system for 9½ years. If it is accepted<br />
as quite a common cause, how can it be that it has taken so long for his claim to be finalised—whether it has been<br />
accepted or not?<br />
There was some very upsetting evidence given by a widow. She had let DVA know that her husband had<br />
attempted suicide on eight previous occasions and, on the ninth, he was successful. I am wondering how those<br />
claims are dealt with and why the burden of proof seems to be so great that these claims are not processed or it<br />
becomes too late, in the absolute final sense of that word. I am wondering why the system is such that it is not like<br />
a Comcare or a workers comp system but rather it seems to be some other system where it becomes incredibly<br />
stressful for people to put in a claim.<br />
Ms Spiers: It is difficult to give an exact answer with the circumstances you mention.<br />
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Senator KITCHING: I understand.<br />
Ms Spiers: Often when people say that they are having difficulty with their claim, they are giving a generic<br />
comment which is probably more likely about the assessment of the claim. There are two elements to our<br />
claiming processes. There is initial liability, as Mr Orme talked about. So we accept the condition as being service<br />
related. That is usually a relative straightforward decision. But, in determining the compensation that is payable—<br />
the acts describe it all differently—in essence, you need the condition to be permanently and stable. Often what<br />
happens is that we accept liability but say that we cannot assess it at the moment because the condition is not<br />
permanent and stable. I think you mentioned a musculoskeletal issue.<br />
Senator KITCHING: A spinal injury was one of the examples.<br />
Ms Spiers: That is a great example where often the condition is not stable for some time and then when the<br />
injury stabilises often people get back surgery.<br />
Senator KITCHING: Should someone wait until they are permanently disabled in order to have their claim<br />
processed?<br />
Ms Spiers: No, if they are permanently disabled.<br />
Senator KITCHING: No, I understand. I am asking whether, in order for it to be stable for you to be able to<br />
assess a condition at that point, it has to worsen. I cannot imagine that, having an injury for 9½ years is actually<br />
going to improve the condition of the person, and it possibly adds mental stress due to the fact that someone is<br />
waiting so long in limbo land before they have their claims looked at.<br />
Ms Spiers: I understand your comment about 9½ years. Without the specific case, it is difficult to comment.<br />
Senator KITCHING: I think I can forward you to the case number.<br />
Ms Spiers: But the key to this is that all the compensation acts we administer require the condition to be<br />
permanently stable—not that it has got worse; just that it is permanently stable. Even if that is not permanently<br />
stable for the purposes of compensation, if it limits the person's ability to work, we will still provide incapacity<br />
payments—that is for the purpose of their inability to work--an—of course health care is provided. It is a difficult<br />
case to respond to in the generic, but that is likely to be the reason that it took some time to determine the claim.<br />
Senator KITCHING: It has not been determined. Chair, when we come back perhaps we could discuss the<br />
widow who had notified DVA that her husband had attempted suicide eight times.<br />
CHAIR: Can I just give a caution that in Senate estimates in a public forum it is a little difficult to start<br />
discussing specifics.<br />
Senator KITCHING: It is obviously all on the public record, because—<br />
CHAIR: Correct, but we had a situation a bit earlier and the decision really was that the opportunity presents<br />
for you to take that offline with the officials and perhaps go into greater detail. Not in any way wanting to limit—<br />
Senator KITCHING: Chair, not going into specifics, perhaps the department would be able to take on notice<br />
whether there is a review of the relevant legislation and how it compares to a Comcare or Victorian workers'<br />
compensation scheme or state compensation.<br />
Ms Spiers: I can tell you now how Comcare operates. It operates the same way.<br />
Senator KITCHING: It does not leave people waiting for so many years.<br />
Ms Spiers: Senator, once again, without the specifics it is difficult. We would not leave people without some<br />
form of support. So, when people are saying that their claim is taking so long, I think it is an aspect of their claim.<br />
But other services would still be being provided to the person. But, as I said, we are happy to go through the<br />
specifics with that case once we have some details.<br />
Senator KITCHING: I might forward on to the minister those details, and certainly the case of the widow<br />
who begged the department to intervene to help her husband.<br />
CHAIR: I think that would be the appropriate thing to do.<br />
Proceedings suspended from 21:04 to 21:20<br />
Senator GALLACHER: Going to the subject of mefloquine, the minister recently announced via a media<br />
release in September that the government would:<br />
… establish a formal community consultation mechanism to provide an open dialogue on issues concerning mefloquine<br />
between the Defence Links Committee and the serving and ex-serving ADF community…<br />
Has that happened? Has it been formally achieved?<br />
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Ms Campion: It is in train. The first part of the consultation focus for Defence links took place in Townsville<br />
in December 2016. Over a period of three days, six sessions were held. I think about 90 people attended. At those<br />
sessions, they were provided with information from the Repatriation Medical Authority about the statement of<br />
principles. They were provided with information about DVA's claim process, and some people from DVA were<br />
there to help people who had questions about how to make a claim related to mefloquine. They were also<br />
provided with information on the range of services that are available to them through DVA. A report from the<br />
process is going to the Defence/ DVA Links Steering Committee meeting, which is being held next Monday, and<br />
following that the committee will consider what else should be done in relation to linking with the community to<br />
engage them about their concerns with mefloquine. Some further advice will be available to the minister<br />
following that meeting on Monday.<br />
Senator GALLACHER: You mentioned that 90 people attended the forum. Is there any idea about how<br />
many were veterans and how many were advocates or representatives?<br />
Dr Gardner: I was at those meetings in Townsville. They went over three days and 91 people in total turned<br />
up. The vast majority of people were ex-serving. However, the largest number of questions and suggestions and<br />
most of the information actually was not to do with mefloquine. They raised a whole stack of other questions.<br />
There were some advocates there, and there were also some of the mefloquine veterans' representatives. Colonel<br />
Ray Martin, for example, was there, and lots of the RSL people and some of the DVA-trained advocates were<br />
there. There were family members and there were current serving and ex-serving people.<br />
Senator GALLACHER: Ninety-one people seems like a fairly good roll-up?<br />
Dr Gardner: Yes, it was good. We were not sure how many there were going to be. As you probably know,<br />
the mefloquine group, predominantly, is based in and around Townsville, which is where most of the people<br />
deployed from. There are about 400 people in that area who are significantly concerned about possible health<br />
effects related to mefloquine. We were not sure what the numbers were. As Ms Campion said, we arranged for<br />
presentations from DVA, Defence and the RMA, and we staggered these presentations through morning,<br />
afternoon and evening to enable the maximum number of people to attend. We also did some special briefings for<br />
the media, including for one particular journalist from the Townsville Bulletin, who had been getting some very<br />
wrong information. We spent about three hours with her, coordinated by the minister's office, so that she could<br />
ask whatever she needed to and get a straight answer.<br />
Senator GALLACHER: Is there a central point of access to the Defence links committee? Have you got a<br />
website, or an office, or a phone number? How does someone engage with you?<br />
Ms Campion: There is not at the moment, but the committee, obviously, comprises representatives from DVA<br />
and Defence, and Defence does have an email address on the mefloquine component on their website where<br />
people can send questions and comments or raise issues of concern. They can make their way to the committee<br />
through that mechanism.<br />
Senator GALLACHER: Is the department aware of any groups who have wanted to participate in dialogue<br />
with the committee and have not been able to?<br />
Dr Gardner: There are multiple groups in this space. In particular, there is a group which used to be called<br />
the mefloquine and tafenoquine vets association. It has now changed its name to the Quinoline Veterans and<br />
Families Association. They have put to the minister a submission asking for a whole range of things, including,<br />
basically, for them to coordinate and deliver all the services. The second part of their request is in relation to<br />
research funding for studies into what they would call 'chemically acquired brain injury', which they believe is<br />
related to the taking of mefloquine.<br />
Senator GALLACHER: Are they able to communicate with the committee? Can they open a dialogue with<br />
the committee?<br />
Dr Gardner: Yes, the communication is open.<br />
Senator GALLACHER: In addition to the media release, there is the statement that there will be<br />
comprehensive online resources providing information on antimalarial medications.<br />
Dr Gardner: Yes, that exists. Defence has had the primary coverage of this. They have a very comprehensive<br />
website to do with mefloquine and tafenoquine on their Joint Health Command website. It is publicly accessible.<br />
As the first assistant secretary said, there is also a dedicated Defence email address that allows people to ask<br />
questions. I am informed that the Surgeon General has personally been involved with over 150 people who have<br />
written through that and who have said, 'I think I might have been exposed. Was I part of the trials, and did I sign<br />
the informed consent forms?' In every case, Joint Health Command has been able to find that information and<br />
provide copies to the inquirer. DVA also has on its website a limited subset of this and hyperlinks that go straight<br />
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to the Defence Joint Health Command website. We have also set up a small specialist processing team in<br />
Melbourne—similar to what we did in the old days of the F-111 programs where a small specialist processing<br />
team was set up in Brisbane, at the time, to handle the very complex cases that arose. I think the other thing is<br />
that, although some of the veteran advocates are claiming that there are huge amounts of mental ill health due to<br />
mefloquine, we in DVA have very little evidence of this. As of the last month, or the end of last year, there were<br />
less than 12 cases that we are aware of in the whole of Veterans' Affairs. That is people who have actually made<br />
claims. There could be other people out there, as the deputy president said earlier on, who have not put in claims<br />
and, therefore, we would not know about them, but it is not a massive problem.<br />
Senator GALLACHER: This committee is set up; people have been to it; groups are able to communicate<br />
with it; there are online resources developed and available. Is there any further research being undertaken?<br />
Dr Gardner: Yes. You may recall that a researcher by the name of Dr Jane Quinn gave evidence at an earlier<br />
inquiry, and she put up a submission for funding for a research study using existing data in the defence realm to<br />
look at the mental health outcomes of the nearly 2½ thousand people who have ever taken mefloquine in the<br />
ADF.<br />
Senator GALLACHER: That figure is 2½ thousand—that is the established number of people who have<br />
taken it?<br />
Dr Gardner: The number is very close to 2½ thousand.<br />
Senator GALLACHER: And you have 12 identified cases of compensation.<br />
Dr Gardner: I said that we are aware of about 12. Again, part of the problem is that if people put in a claim<br />
for a mental health condition, it may get up without them saying, 'I think the cause is mefloquine.' That is why I<br />
say there could be more, but they are not huge numbers. In September last year, I understand, our compensation<br />
processing people did put a flag into our system so that if the word 'mefloquine' is mentioned in a claim, we will<br />
be able to track those on a go-forward basis.<br />
Senator GALLACHER: Just for my education, I actually got some malaria medication recently, and it was<br />
called Malarone.<br />
Mr Lewis: Lariam, I think it is.<br />
Dr Gardner: No, Malarone is the second one, I think.<br />
Senator GALLACHER: They gave me a list of side effects, which I did not get any of. But I think they said<br />
that very rarely you could actually take it and just die. So out of these 2,500 people, do we have any idea how<br />
many have reported side effects at all?<br />
Dr Gardner: Yes and no. The yes is for the people who have put in claims to DVA. We know and understand<br />
them. We do not know about the ones which have not put a in claim, which may be 80 per cent of the total<br />
number. However, Defence has studied this very carefully, and they have a list of all of the people known to have<br />
ever taken part in those trials. The Surgeon General has provided information about that at previous estimates.<br />
Defence also has a suicide database which refers to all the current serving members known to have committed<br />
suicide while in service since the year 2000. The good news is that there are no names on the suicide database and<br />
also on the mefloquine database. It does not mean there could not be one or two, but there is certainly not a<br />
plethora of cases.<br />
Senator GALLACHER: Is a report being prepared for government on this issue? Basically, are all the<br />
existing medical evidence and matters you have referred to collated and handed to government?<br />
Dr Gardner: Yes, certainly. This is not being done specifically in relation to Defence. For example, the<br />
Therapeutic Goods Administration in Australia, which is part of the health department, controls the licensing and<br />
registration of these medicines. In the civilian community last year in Australia, there were nearly 15,000<br />
prescriptions issued for mefloquine versus 2½ thousand in 20-odd years in Defence. If there was a massive<br />
problem there, this drug would have been withdrawn from sale, and the Commonwealth would have shut it down<br />
instantly.<br />
The Department of Veterans' Affairs and Defence do acknowledge that some people are adversely affected by<br />
these drugs, and that is in writing and in the letters the Surgeon General has written to affected veterans. But the<br />
good news is that the vast majority of those neuropsychiatric side effects cease very quickly when you stop the<br />
pills, usually within four weeks. As you may know, mefloquine has some special advantages in that it has a long<br />
half-life and you only need to take it once a week whereas the other ones, like doxycycline, or Vibramycin, you<br />
have to take daily.<br />
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Mefloquine has some real advantages, but, as you may be aware, in today's ADF it is only the third-line drug.<br />
Even then, if you cannot take the other two, DVA occasionally prescribes mefloquine to veterans whose doctors<br />
specifically request it. It is a licensed drug, and our numbers range from between 15 and 25 per year in total<br />
across the veterans' affairs portfolio.<br />
Senator GALLACHER: Has the Minister for Veterans' Affairs has undertaken to establish a dedicated DVA<br />
mefloquine support team?<br />
Dr Gardner: That has been done. I mentioned earlier that we have this processing team in Melbourne who<br />
have been taught. The other part of it is that in the two weeks before the Townsville outreach program in<br />
December, I hosted an evening meeting in Townsville for general practitioners and clinical psychologists to bring<br />
them up to date, in conjunction with the ADF, on anything to do with mefloquine. We got their signed consent, so<br />
that when veterans came to those Townsville three-day meetings—we had the 91 people—if anyone said, 'My<br />
doctor does not know about mefloquine. Who can I see?' We will say, without recommending, 'Here is a list of<br />
five doctors, pick one of these. All of these people know about this and are prepared to help you if they can.'<br />
Senator GALLACHER: How many FTEs would have been in this dedicated team?<br />
Dr Gardner: I believe there are four, but I would have to double check that. John Geary might be able to give<br />
us the numbers.<br />
Mr Geary: As Dr Gardner said, we get very few claims for this. It is not actually a condition by itself. Most of<br />
the people who make contact with the assessment team in Melbourne already have claims accepted.<br />
Senator GALLACHER: How many people are in this team?<br />
Mr Geary: We spread it, given there are only a dozen claims a year.<br />
Senator GALLACHER: So there are not a lot of claims.<br />
Mr Geary: No.<br />
Senator GALLACHER: The work is dedicated to them but they do other work as well.<br />
Mr Geary: Absolutely, yes.<br />
Senator GALLACHER: Is methloquine a priority?<br />
Mr Geary: It would be, yes, for this team, amongst the other priority claims we get.<br />
Dr Gardner: There is a problem, here, for veterans. The problem is that many of these veterans believe that<br />
all of life's current problems are due to having taken mefloquine tablets 20 years ago. The other thing is that under<br />
two of our three acts these claims are required to be determined in accordance with statements of principles. The<br />
Repatriation Medical Authority has very carefully looked at the evidence here. It currently has 15 conditions that<br />
are related to mefloquine or could be related to mefloquine where mefloquine exposure is a factor, but it is not the<br />
conditions which some of the claimants would like to see. For example, the RMA does not accept that mefloquine<br />
causes acquired brain injury. By the way, there is no other international evidence, globally, accepted in this space.<br />
So that is an area of unhappiness with some of these groups.<br />
Senator GALLACHER: If a veteran contacts the mefloquine team are they able to get referred to a specialist<br />
who would advise them of—<br />
Dr Gardner: Ideally, a veterinarian who has a condition which they believe might be service related should<br />
go and get their diagnosed health condition diagnosed by an appropriate specialist. And if they lodge all that<br />
paperwork the team can assess it and make a speedy decision. The problem is, as I alluded to before, if they are<br />
claiming chemically acquired brain injury due to mefloquine (a) there are no test for it, (b) it is not accepted by<br />
the Repatriation Medical Authority and (c) there is no other internationally accepted evidence that suggests this is<br />
a diagnosed condition. It does not have an ICD-9 or 10 code and it is in the too-hard basket.<br />
Ms Campion: If I could add to that, in 2014, as part of the budget measure, a post-discharge GP healthassessment<br />
item was introduced under the MBS. So we are encouraging people who have left the PDF to<br />
undertake this assessment. It is a very comprehensive assessment looking at all aspects of their health. Late last<br />
year Dr Gardner wrote to the colleges, I believe it was, bringing to their attention the issue of mefloquine so that<br />
as part of undertaking that assessment GPs were also aware that some people presenting for the health assessment<br />
may well have taken mefloquine, and they are equipped to provide them with advice.<br />
Senator GALLACHER: I have no knowledge of the subject other than what I have been exposed to through<br />
the work of this committee. What I am really asking is, if a veteran contacts the mefloquine team, are you able to<br />
send them to a specialist or refer them to someone who knows about mefloquine?<br />
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Dr Gardner: Yes, that is possible. There are also GPs around Australia who have special knowledge in this<br />
space. Again, some of the mefloquine advocates are pushing for the fact that there are, what they believe, special<br />
diagnostic tools which are not available anywhere in Australia and for which there is no internationally accepted<br />
evidence supporting it.<br />
Senator GALLACHER: Do you give support to veterans who might need to travel significant distances to<br />
see a mefloquine specialist?<br />
Dr Gardner: If there were such a beast, as a mefloquine specialist, the answer is yes. We do provide,<br />
routinely, transport to the nearest appropriate specialist if a medical specialist in that region is not available. So<br />
there is no problem there.<br />
Senator GALLACHER: Are there specialists who specialise in mefloquine treatment?<br />
Dr Gardner: No, there are none. On that point, Professor Sandy McFarlane, who is DVA's specialist<br />
psychiatry adviser and has given advice to committees before, undertook a very detailed literature review of the<br />
mefloquine data, in the middle of last year, for Defence. His report is available on the Defence website. It<br />
basically says that there is no convincing evidence in this space, and there are no special tests which can be used<br />
to diagnose post-mefloquine neuropsychiatric problems.<br />
Senator GALLACHER: Thanks very much, Dr Gardner. I want to move on to the Veterans' Employment<br />
Program and how that has progressed. The Prime Minister formally announced a number of actions designed to<br />
tackle veterans' unemployment, and one of these was the industry advisory committee. Can the department advise<br />
who is on the industry advisory committee?<br />
Ms Foreman: Not just yet. We will be able to do that shortly.<br />
Senator GALLACHER: We are talking about 18 November—so three months ago; 2½ months ago. Are we<br />
still waiting for that committee to be formed?<br />
Ms Foreman: That is right.<br />
Senator GALLACHER: What about some terms of reference? Are there any terms of reference?<br />
Ms Foreman: Yes, the terms of reference have been drafted, but they are not available at the moment. I can<br />
tell you the overall purpose of the body itself.<br />
Senator GALLACHER: Probably in the interests of time, as there is quite a comprehensive set of questions<br />
we might get to, we might get through quicker if we just follow the script, so to speak. So there are draft terms of<br />
reference that are not for public release yet.<br />
Ms Foreman: That is right.<br />
Senator GALLACHER: Has the committee met? Obviously not, as it has not been formed. Do we have any<br />
idea when we will conclude the composition of the committee?<br />
Ms Foreman: Yes—in around the next month. We expect the first meeting to be towards the end of March.<br />
Senator GALLACHER: Would outcomes be public?<br />
Ms Foreman: That would be a matter for the minister, I think, at this stage.<br />
Senator GALLACHER: I suppose they would need all the publicity they could get.<br />
CHAIR: One would hope so.<br />
Ms Foreman: Yes, because of the awards ceremony. Part of the package of measures that the Prime Minister<br />
announced was an awards ceremony each year to highlight examples of good practice, and also to highlight where<br />
appropriate strategies have been developed by corporations to attract and retain veterans. I think you would<br />
expect that there would be some information released.<br />
Senator GALLACHER: From my understanding, its role is to develop strategies to recruit and retain<br />
veterans.<br />
Ms Foreman: That is right.<br />
Senator GALLACHER: Has the department got any input into how that can be achieved?<br />
Ms Foreman: That is the role of the board, and there will be people on that board with a background in<br />
recruitment strategies. They will put together that advice for other corporations to use as examples of best<br />
practice.<br />
Senator GALLACHER: Is it the role of the committee to develop strategies and then disband, or is it to<br />
monitor those for—<br />
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Ms Foreman: No. It is to provide advice to industry and to the government.<br />
Senator GALLACHER: Would they be remunerated?<br />
Ms Foreman: No, they will not be.<br />
Senator GALLACHER: Tell us about these annual awards. Is that like if a company picks up a number of<br />
veterans then they would be recognised publicly?<br />
Ms Foreman: That is under development at the moment, but I think the idea of the awards is for industry and<br />
the government to showcase examples of corporations that have been very effective at recruiting and retaining<br />
veterans, and to showcase how other corporations and industries could pick up and learn from those corporations<br />
that have done it successfully. It would also be a learning journey for the people who are on there, and for<br />
corporations in general.<br />
Senator GALLACHER: I am familiar some awards that there are in the disability sector. Is there a cost that<br />
goes into all of the advertising, administration and running of the event?<br />
Ms Foreman: That is before government at the moment.<br />
Senator GALLACHER: So you have put in some costings, but they have not been approved?<br />
Ms Foreman: It is before government. I probably cannot say much more than that. It is in a process currently<br />
before government.<br />
Senator GALLACHER: Basically, the department has done its work and it is waiting for an approval?<br />
Ms Foreman: Yes. It is part of the budget process, I think.<br />
Senator GALLACHER: So the reason we on this committee cannot be made aware of the amount is that it<br />
has not been approved?<br />
Ms Foreman: That is right.<br />
Senator GALLACHER: So on 2 May we will know—is it 2 May?<br />
Mr Lewis: The 8th. Senator, in May, feel free to ask again, and we will have more information for you.<br />
Senator GALLACHER: Part of the announcement included the establishment of an ESO industry<br />
partnership register.<br />
Ms Foreman: That is underway. We have sought expressions of interest and we have been receiving those,<br />
and we will shortly be placing information on our website in relation to that.<br />
Senator GALLACHER: Can you inform the committee how many you have signed up to date, or is that a<br />
question you need to take on notice?<br />
Mr Brown: We have received about a dozen expressions of interest for that partnership register to date.<br />
Senator GALLACHER: What is the process for an ESO wishing to register? Do they simply contact you and<br />
provide details?<br />
Ms Foreman: That is right.<br />
Mr Brown: There is an email address set up for that purpose.<br />
Ms Foreman: I would expect that, once we have the advisory council up and running, we will attract more<br />
interest as well.<br />
Mr Lewis: We may need to correct this on notice, but the information I am looking at suggests more than 40<br />
employers have registered for that.<br />
Mr Brown: It is 40 employers for the Industry Advisory Council, but a dozen ESOs—<br />
Mr Lewis: For the register.<br />
Senator GALLACHER: You have 40 employers. Is that publicly known yet?<br />
Ms Foreman: No, not at this stage, but I do not see there will be a problem releasing that information. We just<br />
need to confirm that with our minister. The purpose is for this to be—<br />
Senator GALLACHER: Well, we should be passing a round of acclamation to them. The sooner we know<br />
the better.<br />
Ms Foreman: I can tell you it is a wide cross-section of industry and different sized corporations as well.<br />
Senator GALLACHER: Just to return to budgetary measures, is there a cost to maintaining this register? Is it<br />
onerous on the department? Have you had to allocate significant resources?<br />
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Ms Foreman: Not at this stage. At this stage we are seeking expressions of interest from people who wish to<br />
contribute to the initiative.<br />
Senator GALLACHER: Are any improvements being made to the vocational rehabilitation services as part<br />
of this announcement? There were a number of recommendations for improvement by the Australian National<br />
Audit Office last year.<br />
Ms Foreman: Is this in the rehabilitation space?<br />
Senator GALLACHER: Yes.<br />
Ms Foreman: Yes. We have been working hard in that space.<br />
Senator GALLACHER: Can you point to any improvements that have been made in the rehabilitation<br />
services area?<br />
Ms Foreman: Yes. As we discussed with you last time, there were a couple of recommendations that<br />
specifically related to the department. We have been working hard. One of the recommendations was in relation<br />
to Defence and in particular improving transition, because it has an impact on the wellbeing of veterans. We have<br />
a task force set up, a joint task force between DVA and Defence at the moment, and we have a number of<br />
research studies also underway in that area.<br />
Senator GALLACHER: Is the department working with the APS to develop a toolkit for veterans working in<br />
the APS?<br />
Ms Foreman: Yes, we are. When the Prime Minister announced it, this was primarily a program dealing with<br />
industry, but he acknowledged that there was a role for the Australian Public Service as well. One of those<br />
initiatives that I think you are referring to is the Department of Employment enhancing its jobactive website. That<br />
has already occurred. They have a page which lists specific information for veterans, and they have also created<br />
'Defence Force experience desirable' flags for jobs advertised on that website. As of yesterday, 59 advertisements<br />
on that website had a 'Defence Force experience desirable' flag on it.<br />
Senator GALLACHER: Employers are flagging their interest in picking up these people?<br />
Ms Foreman: That is right, and the Australian Public Service Commission has also advised that they will be<br />
launching an APS job website mid-year. That was also announced. That will help veterans apply for jobs in the<br />
APS, but it will also have a toolkit to help veterans work out what level they were at at Defence when they were<br />
discharged, what skillset they have and how that might correlate with jobs in the Australian Public Service to<br />
make it easier for them to make that transition. They will be able to see the sort of jobs that they might be able to<br />
transition to based on the skills that they have. That will be coming out mid-year.<br />
Senator GALLACHER: We know roughly how many people exit the Defence Force every year, and given<br />
my own sort of anecdotal knowledge most Defence people transition seamlessly into the economy. How big a<br />
pool of people are we talking about here?<br />
Ms Foreman: This measure targets both veterans who are medically discharged as well as those who were<br />
discharged by their own decision. We are actually targeting both of those. The skills the veterans have are skills<br />
that can be of use in the Australian public service.<br />
Senator GALLACHER: Absolutely—it would be sought after. Given that statement, is this in relation to<br />
people who are struggling to find work or is it just a generic solution to putting veterans seamlessly into work?<br />
Ms Foreman: It is both. If a veteran has an illness or an injury and receives compensation from us, they are<br />
eligible to go on a rehabilitation plan. Part of that rehabilitation plan looks at their medical treatment, another part<br />
looks at their psychosocial and interaction with the community and the third part of their rehabilitation plan looks<br />
at their vocational goals and aims. We can provide enhanced service, if you like, to veterans to whom we provide<br />
compensation.<br />
Senator GALLACHER: It is very early days yet, but how would you characterise this? Is this a normal,<br />
timely process, three months to set up the committee?<br />
Ms Foreman: Yes, especially given that we had Christmas and New Year in the middle of it.<br />
Senator ROBERTS: How many claims for compensation from Australian military veterans were rejected by<br />
DVA in the last 12 months, in last five years and in the last 10 years, and what are the percentages?<br />
Mr Orme: We will have to take that question and the detail on notice, but I highlighted to you earlier the<br />
number of decisions that were taken. For primary decisions, in 2015-16 there were 44,588 and in 2014-15 there<br />
were 48,711. So DVA make in the order of 50,000 primary decisions for establishing initial liability a year. On<br />
top of that, as we discussed previously, the secretary mentioned the nonliability health care. We now have two<br />
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tracks. The key element is that, where liability is established, we provide treatment once a liability is determined.<br />
The second part of that phase is then determining the level of impairment and, if you like, compensation. In<br />
nonliability health care, we have people immediately into treatment upon calling the department and saying they<br />
have one of those five conditions mentioned previously. That is nonliability health care, where we separate the<br />
requirement for establishing liability and immediately get the veteran into treatment.<br />
Senator ROBERTS: Yes, I have talked with the department secretary and John Harris, and I met with the<br />
minister during the break, and we are going to do something to help publicise that tomorrow or the next day.<br />
Mr Lewis: If I could say one thing about the question you have asked, though: we have said we can take it on<br />
notice, but you have mentioned going back five or 10 years and I am not sure our system is going to be good<br />
enough to give you what you want. But we will take it on notice and see what is available.<br />
Senator ROBERTS: Thank you. This will be on notice too: how many of these rejections have subsequently<br />
ended up being dragged through court?<br />
Mr Orme: That is an interesting characterisation, and I understand where you are coming from. The decision<br />
to reject a claim would be because the delegate does not have sufficient evidence in front of them to support the<br />
contention that is being made. Under the beneficial legislation we have our delegates look around to find a way to<br />
say, 'Do we have enough information to support the contention?'<br />
If there is not sufficient information in front of the delegate to support a decision that says, 'Yes, we accept<br />
liability,' the claim is rejected. The veteran then has the opportunity to appeal that decision through the Veterans'<br />
Review Board or the Administrative Appeals Tribunal. That goes back to those decisions I mentioned. The<br />
number of decisions in the year 2015-16 that went to appeal was 5,543 of the 44,588, or 12.4 per cent.<br />
Senator ROBERTS: Are there court cases involving these matters?<br />
Mr Orme: The first level of appeal is an internal review within the department, but the principal ones are<br />
reviews by the Veterans' Review Board. The Veterans' Review Board is a board that has been established for the<br />
purpose of resolving issues with veterans' claims. It is designed for the veterans, not as a legal process. In the last<br />
18 months, they have introduced alternative dispute resolution, and we have found that to be very successful. The<br />
members of the Veterans' Review Board sit down and conference with advocates and clients to talk through issues<br />
and identify areas where a decision might not be supported and what further evidence what might be required. In<br />
that process, we and the Veterans' Review Board have identified that they are able to engage in a dialogue which<br />
brings out the requirement for the information and allows the advocate or the veteran to identify that further<br />
information.<br />
Senator ROBERTS: I accept that some cases need more or adequate information, but are there claims<br />
currently in court?<br />
Mr Orme: Now I will step to Ms Spiers to go through the next level, which is appeal to the AAT<br />
Ms Spiers: I have got the court figures and I have got the Administrative Appeals Tribunal figures. Would<br />
you like me to do both?<br />
Senator ROBERTS: Yes, please.<br />
Ms Spiers: The Administrative Appeals Tribunal is the next merits review stage that people can undertake. In<br />
the 2015-16 financial year, the AAT had 195 VEA applications made, 155 Safety, Rehabilitation and<br />
Compensation Act appeals made and 97 Military Rehabilitation and Compensation Act claims made. I can do<br />
half-year to date for the current period as well. It was, for the VEA; for the SRCA, 68; and, for MRCA, 63. So the<br />
numbers are quite small compared to the ones that Mr Orme started with.<br />
We then have a number of matters that do go on to the court process. They go to the court process on a point of<br />
law only, so it is not a merits—<br />
Senator ROBERTS: On a point of—<br />
Ms Spiers: It is a point of law. Regardless of the individual facts of the case—the merits of the case, for which<br />
the last level of merit review is the AAT—it could go to the court system on a point of law that, in essence, the<br />
tribunal misapplied the law. That is really what the test is about. So we have in the 2015-16 financial year two<br />
cases that went to the Federal Circuit Court, four cases that went to the Federal Court, three that went to the full<br />
Federal Court and one that went to the High Court, for a total of 10. In the half-year to date—from 31 December<br />
2016—we had a total of four cases to the court structure, three to the Federal Court and one to the full Federal<br />
Court. I can give you outcomes as well if you wish.<br />
Senator KITCHING: Who was the plaintiff in the High Court case?<br />
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Ms Spiers: The High Court case in the particular matter in 2015-2016 was actually the Repatriation<br />
Commission of the department.<br />
Senator KITCHING: I just thought it would be someone who could afford to take the decision to the High<br />
Court.<br />
Ms Spiers: In the particular case involved, it was a very significant point of law that not only impacted—<br />
Senator KITCHING: I am sure it was. It obviously would have had to have been in order to make it to the<br />
High Court. What I am asking is who the applicant is.<br />
Ms Spiers: I am getting there. Because it was such a significant point of law and it not only impacted on<br />
DVA's compensation process but had the potential to impact on Comcare processing and workers compensation<br />
across the jurisdictions, the department actually agreed to pay the court costs of the individual. So we wore both<br />
costs because the important issue here was to actually get the highest court in the land to give us a decisive<br />
decision on this particular area of the law.<br />
Senator ROBERTS: Thank you. I am impressed with the fact that you have got the figures. This might be a<br />
very difficult question to answer. How long does it take the average veteran whose claim is not immediately<br />
accepted, to get their just compensation?<br />
Ms Spiers: That is a very loaded question because the aim of the whole DVA system is to give everybody<br />
their lawful entitlements at the earliest opportunity. As Mr Orme said, often what is missing when a person has to<br />
appeal to a second or third merits review tribunal is the evidence, or we have to gather the evidence. The aim<br />
always is for the department to make the best, correct and preferable decision as soon as possible. In fact, at the<br />
Administrative Appeals Tribunal the onus is on the department, when it is there, to assist the tribunal to make the<br />
correct or preferable decision. It is not a litigious system in the sense of winning at all costs; it is all about<br />
assisting the tribunal to come to the best decision.<br />
I suppose the other aspect to all of this is that, when you look at the AAT appeals, the majority of those appeals<br />
are lodged by the veteran community, not by the department. In fact, even most of the federal court matters have<br />
been appeals lodged by, in the first instance, the individual veterans, not the department.<br />
Senator ROBERTS: That is what I would have guessed and staff would have guessed as well. How much<br />
money has DVA spent on lawyers and legal action in the last year and also over the last 10 years?<br />
Ms Spiers: I can answer the question about the last full financial year and half-year to date for you. Over the<br />
last 10 years I would have to take on notice.<br />
Senator ROBERTS: Okay.<br />
Ms Spiers: In terms of half-year to date: we break this up as we are required to under the legal services<br />
direction, because we have to report this annually to the Office of Legal Services Coordination. External legal<br />
costs expenditure half-year to date is $3,626,593.03. I am not sure about the 3c though!<br />
Senator ROBERTS: I wonder where it got to!<br />
Ms Spiers: And the internal legal costs for the same period is $1,173,365. As to the full-year cost for the last<br />
financial year, the figures are, for external legal costs, $8,160,959.14; and, for internal legal costs, $2,464,055. I<br />
hasten to say that that legal expenditure cannot be attributed to defending or appearing on cases; it is actually the<br />
total cost of my branch running, and we do some litigation work but also do a lot of in-house legal advising work,<br />
privacy and FOI. We do legislation. We draft legislative instruments in-house. So a lot of that internal cost is the<br />
staff that do all of that work.<br />
Senator ROBERTS: So the drafting is included in that.<br />
Ms Spiers: For legislative instruments, that is correct. As for legislation: the drafting of that is all done<br />
externally by the Office of Parliamentary Counsel, so that is not a cost there. In terms of the external legal costs: I<br />
have not got a breakdown here, but I will often seek an external legal opinion on a particular issue. Yes, some of<br />
those costs are to do with AAT work and Federal Court work, but you could not actually attribute all of those<br />
costs.<br />
As I said, will have to take the 10-year data on notice; I have not got that here.<br />
Senator ROBERTS: Isn't it true that it took the last survivor of the 1964 sinking of the HMAS Voyager<br />
around 40 years to get compensation?<br />
Ms Spiers: Can I give you a bit of context for that?<br />
Senator ROBERTS: Sure.<br />
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Ms Spiers: Voyager people have a peacetime period of service in the sixties which is not covered by the<br />
Veterans' Entitlements Act. It is covered by the precursor to the Safety, Rehabilitation and Compensation Act.<br />
Senator ROBERTS: What is that predecessor?<br />
Ms Spiers: It is the Commonwealth employees workers compensation act. It is the 1971 act. I do not have the<br />
title of the act in my head anymore. But the key to this is that, while the '71 act and the 1930 act that were before<br />
that could allow for the acceptance of psychological conditions—and I think the case you might be referring to<br />
would have been PTSD—those acts excluded lump sum compensation payments. So for an individual that<br />
survived Voyager, if that was their only service, they actually would not seek compensation from Veterans'<br />
Affairs; they would actually sue their employer, which is Defence. So I think the matter you were referring to<br />
would have been a claim against Defence, and it would be better placed to ask them about the details.<br />
Senator ROBERTS: How many current and former members of the Australian military have committed<br />
suicide in the last year?<br />
Mr Lewis: The first thing to be said is we would not necessarily know. We know of some suicides but the<br />
reality in the world of veterans' affairs is that, until last year, four out of five people left the ADF and were<br />
unknown to the Department of Veterans Affairs. So for decades people served in the defence forces, left, and<br />
unless they lodged a claim with DVA, were unknown to the department. We have fixed that. We fixed that last<br />
year. So last year, for the first time, we know about all 5,500 thereabouts that left the ADF. The same will<br />
continue into the future. But in the past, we did not know. So we know about that subset of veterans who are<br />
clients of the department but we do not have information in relation to those who were not clients of the<br />
department once they left the ADF.<br />
Senator ROBERTS: It is understood in the community that the number of suicides last year was greater than<br />
the death toll from combat over the 14-year Afghan conflict. Is that correct?<br />
Mr Lewis: That figure is not correct. I am sorry, the study we had done through the Australian Institute of<br />
Health and Welfare and the results of that were put out, I think, in November last year. They were preliminary<br />
results. There will be final results due towards the middle of this year that do give updated numbers on suicide,<br />
but I think it went to 2014 so let's provide what we can.<br />
Ms Campion: Particularly for death by suicide, we actually need a finding by coroner as to the cause of death<br />
and that can take some time. So we do not have data for 2015 or 2016 yet through the causes of death reports that<br />
are produced by the Australian Bureau of Statistics. The most up-to-date data we have is to 2014.<br />
The Australian Institute of Health and Welfare has looked at data of those serving on or from 1 January 2001<br />
and deaths by suicide of that cohort up until 2014. They found that there were 292 certified deaths by suicide in<br />
that time period—as I said, deaths that have been confirmed as being by suicide by a coroner. Of those 292<br />
deaths, 84 occurred among those who were serving full-time in the ADF, 66 were amongst those who were in the<br />
reserves and 142 occurred in the ex-serving population.<br />
Mr Lewis: If you look at those results, you see there is also a particular problem cohort, which is the 18 to 24-<br />
year-old males, which is already a significantly at risk cohort in the Australian community but the risk is double if<br />
you are a former serving ADF member so we are really drifting down to understand what that data is telling us<br />
and what we need to change in the way in which young folk that come into the ADF intending to serve but for<br />
whatever reason leave the ADF quite early. It is obviously a real problem area. It is a focus for us so we are<br />
working with Defence in relation to our transition processes generally but we also looking very particularly at that<br />
cohort. We have also asked the Strain Institute of Health and Welfare to try and obtain as much further data as we<br />
can about that cohort—what portion of them, for example, were medical discharges and what portion were clients<br />
of the Department of Veterans Affairs—so we have those results as well when the final report comes out.<br />
Senator Payne: Chair, may I just say to Senator Roberts: everybody here—the Defence Organisation and the<br />
Department of Veterans' Affairs—we all know that one death by suicide in the veteran community or by a serving<br />
member of the ADF is one too many. A lot of the discussions that have been had here tonight in a very<br />
constructive way are about endeavours that are being made between Defence and between Veterans' Affairs to<br />
address those very significant concerns. There is still more to do, I acknowledge that, but in recent times we have<br />
made significant endeavours to make progress in that regard. I appreciate the engagement and the attention of the<br />
committee to these issues. I take it very, very seriously. If we can assist members in any way with the work that<br />
they are doing, then we will continue to do so. Obviously, we have made submissions from Defence—and I am<br />
here tonight representing the Minister for Veterans' Affairs—to the inquiries of the references committee. If there<br />
is more information that we can provide that will assist you in your thinking around this, then we are of course<br />
very willing to do that.<br />
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Senator ROBERTS: Thank you. Chair, I just want to comment that out of respect I will not ask any more<br />
questions. Could I just put them on notice, please? I very much appreciated the secretary, when I approached him,<br />
taking me into his confidence and introducing me to the minister. We will address issue that we have raised. I also<br />
want to make the comment that I appreciate that you have been frank about saying that in the past things were not<br />
done to a standard that you were happy with, but things appear to be changing. And I realise that cannot be done<br />
overnight. So I am encouraged. Thank you very much.<br />
Senator LUDLAM: Just briefly, I want to follow-up on some stuff that I have been asking about for a couple<br />
of years. Who is in the room who can tell us about Australian service personnel who were exposed to radiation<br />
from British nuclear weapons testing?<br />
Ms Foreman: Hello, Senator.<br />
Senator LUDLAM: Welcome back. You would no doubt be aware that, unlike other veterans who receive the<br />
gold card for health care automatically upon reaching 70 years, because many nuclear veterans are not recognised<br />
as having served in combat they have slipped through the net somewhat. A couple of years ago, Treasury did a<br />
costing of how much it would cost the Commonwealth for those remaining personnel to be given automatic gold<br />
card entitlement. That was a while ago. We had the PBO do a costing a little while later. I am interested to know<br />
whether you have a figure at hand that would tell us how many of these nuclear-exposed servicemen and women<br />
are still alive today?<br />
Ms Foreman: Are we talking about the veteran community here who were exposed?<br />
Senator LUDLAM: That is right. I will cast my net a little broader in a moment, but just to start with<br />
veterans.<br />
Ms Foreman: At the moment, we understand there are 1,385 veterans.<br />
Senator LUDLAM: Thank you for having that to hand, I appreciate it. Surviving family members?<br />
Ms Foreman: No. I do not think we would know how to capture that information.<br />
Senator LUDLAM: Understood. I would appreciate this, if it is your bailiwick—in fact, I am almost certain it<br />
is not—but how would I find out how many Aboriginal people were exposed to those same tests? Who is tracking<br />
them?<br />
Ms Foreman: I cannot answer that question, I am sorry.<br />
Senator LUDLAM: Understood. I know it is not your bailiwick. It might have been nice to know.<br />
Ms Foreman: I am trying to think whether the ABS would keep something like that, or whether it would be<br />
the Indigenous communities themselves, actually.<br />
Senator LUDLAM: I will try. Do you also have a similar number for those Australian personnel who were<br />
stationed in or around Hiroshima and Nagasaki during the occupation?<br />
Ms Foreman: No, I do not. We might need to get that from Defence. They might have that information. We<br />
will take that on notice anyway.<br />
Senator LUDLAM: Yes, if you could. There is a fair bit of collaboration, advocacy and mutual support, I<br />
guess, between those two cohorts?<br />
Ms Foreman: Do you mean the British Commonwealth officers, Senator?<br />
Senator LUDLAM: No, Australians who were stationed in Hiroshima and Nagasaki immediately after the<br />
bombing.<br />
Ms Foreman: I know what you are talking about. Yes, we do have that number. I have that here.<br />
Senator LUDLAM: That is brilliant.<br />
Ms Foreman: That number is 1,200. These were the people who went in after the nuclear bombs and did the<br />
clean-up work. Yes, it is 1,200.<br />
Senator LUDLAM: Brilliant.<br />
CHAIR: Still alive?<br />
Ms Foreman: Yes.<br />
Senator LUDLAM: This is going to seem a little macabre but, obviously, in the context of a discussion about<br />
compensation: what is the rate of attrition every year for these individuals?<br />
Ms Foreman: I can give you the forecast for how many we think will be alive next year, which is based on<br />
information we got from our statistical people who specialise in being able to do this.<br />
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Senator LUDLAM: I would appreciate that. If you have documents to hand, could you table those, because I<br />
know the committee is a bit short on time.<br />
Ms Foreman: Yes, that is fine. I can read them out now or I can table them at the end.<br />
Senator LUDLAM: Let's do both.<br />
Ms Foreman: Read them out now?<br />
Senator LUDLAM: If you like, just for those two.<br />
Ms Foreman: There are 1,300 British nuclear test veterans this year, and we estimate there will be 1,100 next<br />
year, 1,000 in 2019 and 900 in 2020.<br />
Senator LUDLAM: Thank you.<br />
Ms Foreman: And BCOF, as well—did you want those stats?<br />
Senator LUDLAM: Go ahead.<br />
Ms Foreman: As I said, there are 1,200 in 2017, and there is likely to be 1,000 in 2018, 800 in 2019 and 600<br />
in 2020.<br />
Senator LUDLAM: I recognise that you might need to throw this to the minister if this is considered a policy<br />
question, but is there any chance, while there are still some of these people left, that we could just hook them up<br />
to an automatic gold card entitlement?<br />
Ms Foreman: That is probably not a question I can answer at this stage.<br />
Senator Payne: I do not have any advice on that, but I will take it on notice.<br />
Senator LUDLAM: If you could, I would greatly appreciate it. Do you have any figures on how many of<br />
these individuals might already have a gold card entitlement? I do not know that we have ever seen that before.<br />
Ms Foreman: I do not think that we do. Can I take that on notice. Some of them would have, but not from<br />
their British nuclear test experience but from their service elsewhere.<br />
Senator LUDLAM: I am not sure we have ever been able to establish what proportion of those people—<br />
Ms Foreman: No, I do not have that figure on me, but I will see if I can get it.<br />
Senator LUDLAM: I appreciate it, and Senator Payne has undertaken to find out if there is anything in the<br />
works.<br />
Senator Payne: There are qualifying service issues. You have discussed those before.<br />
Senator LUDLAM: Many times.<br />
Senator Payne: Again, I am always happy to help the committee. I will take it up with the minister.<br />
Senator LUDLAM: It is not the committee we need to help; it is these people. I feel like they have been<br />
abandoned, so anything you can come back with would be much appreciated.<br />
Senator Payne: I will take it up with the minister.<br />
Senator LUDLAM: Thanks.<br />
Senator GALLACHER: Just one observation on the recording of suicides: I have some interaction with the<br />
superannuation fund, and I presume everyone in Defence is now in a superannuation fund, and the death<br />
payments that are paid out are an easily accessible resource for knowing who got what and how they died. Do you<br />
interact with the superannuation fund?<br />
Mr Lewis: We do.<br />
Senator GALLACHER: Are those statistics not easily available? Why do you have to wait for a coronial<br />
inquest when we are paying out, on a regular basis, people's superannuation accounts, because their dependants<br />
need the money?<br />
Ms Campion: Part of the work that the Australian Institute of Health and Welfare originally undertook when<br />
they were looking at the issue of suicides was to try to use the ComSuper data, but we might have to take it on<br />
notice to give you the details because I cannot quite recall—<br />
Senator GALLACHER: I would appreciate it if you would, because—<br />
Ms Campion: There were some technical details and issues about how they could match the ComSuper data<br />
with Defence.<br />
Senator GALLACHER: I know of another industry that has a horrendous record of suicides, and they have<br />
that data from the superannuation fund that represents that industry.<br />
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Mr Lewis: You have reminded me that there was an issue there because that was the first way we tried to use<br />
this as a way of tracking these things. We will take it on notice and give you a proper answer.<br />
Senator GALLACHER: Thank you. I just wanted to go to—oh, it is a political issue. All that goodwill is<br />
evaporating now.<br />
Senator Payne: That is disappointing, Senator.<br />
Senator GALLACHER: Minister Tehan announced the latest round of grants for the ex-service organisations<br />
for their community projects—some $500,000 went to 33 recipients. How are we going with the applications for<br />
the next round? How many applications have you got in for those?<br />
Mr Lewis: We have several grant programs; which one are you talking about?<br />
Senator GALLACHER: Veteran and Community Grants, which was announced on 27 January 2017. What is<br />
the process?<br />
Mr Lewis: I will ask Ms Vardos to assist, but it will be in relation to grants that have been announced rather<br />
than grants that have been considered.<br />
Senator GALLACHER: I have some detail on the grants that have been announced. Apparently there is a<br />
break-up nationally. Can someone just walk us through the process? You get an application, and then what<br />
happens?<br />
Ms Vardos: Yes. The Veteran and Community Grants program is a rolling grants program. It has roughly four<br />
rounds per annum. Applications are received, and, once we reach a certain number of applications or a certain<br />
amount, we then bundle them up, analyse them and make recommendations for which ones should go ahead for<br />
approval. The rounds are rolling, and they do not actually have set dates.<br />
Senator GALLACHER: Do you send up approval recommendations for the amount of money you have got,<br />
or do you send out 10, and someone makes a decision?<br />
Ms Vardos: Generally we make up recommendations to the minister for what the organisations have asked<br />
for. However, towards the end of the financial year, there may not be sufficient funds in the grants programs, and<br />
at that point either we will make a decision to do partial funding, which is generally unusual, or we will hold<br />
those grants over into the next financial year for full funding.<br />
Senator GALLACHER: Clearly the minister needs to approve the grant.<br />
Ms Vardos: Correct.<br />
Senator GALLACHER: What I am trying to ask is: does he get 20 grants and have to approve five of the 20?<br />
Or does he get 20 and—<br />
Ms Vardos: No, what we do is we bundle them up. All the grants that are received go up to the minister for<br />
his assessment and approval. The department makes recommendations, and it will make those recommendations<br />
in line with the program guidelines. Generally, if an organisation does not meet the guidelines, it will not go up in<br />
the brief, and the department will work with that organisation to make sure that its submission is in line with the<br />
guidelines.<br />
Senator GALLACHER: But there is not a pool of 20 approved grants and only five amounts of money?<br />
Ms Vardos: No.<br />
Senator GALLACHER: There is a statistical anomaly here that indicates that 66.2 per cent of the funding<br />
went to LNP seats and only 27.8 per cent went to ALP seats and six per cent went to Independent seats. You are<br />
saying that there is no discretion there for the minister to—<br />
Ms Vardos: No.<br />
Ms Foreman: We put up recommendations to the minister, and electorates are not one of the criteria that we<br />
look at. It is based on the ability of the project to address the health and wellbeing and social isolation that<br />
veterans face—to address that—<br />
Senator GALLACHER: I know electorates are not your criteria, but someone has spent an enormous amount<br />
of time putting these grants into electorates.<br />
Ms Vardos: The department reports on the electorates. There is a process where, if a grants falls in the<br />
minister's electorate, it has a separate process to ensure integrity.<br />
Senator GALLACHER: So, if there is a conflict of interest, it is approved by someone else?<br />
Ms Vardos: Yes. It is all managed.<br />
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Senator GALLACHER: So the department simply assessed all of these projects. For the ones that have met<br />
the criteria, you have applied some scrutiny and due diligence to it, and you have recommended them up. Only 33<br />
projects went out for the $500,000; is that how it went?<br />
Ms Vardos: In that particular round. The department receives for this program, I think, anywhere between<br />
100 and 200—I would have to take the exact number on notice—and the majority of the applicants actually get<br />
their grants up. It is very rare, in this program, not to have them up. Where there are concerns that their grant<br />
applications do not meet the guidelines for the program, we will work with those organisations to make sure that<br />
their grants are in line so that they can be accepted in the next round. The figures that you are talking about, I<br />
suspect, are in relation to that particular round, but there will be other rounds. As I mentioned, there are generally<br />
four, but it could be up to six rounds per annum, depending on the year.<br />
Senator GALLACHER: What you are telling me is that this is all done according to the rules of the grant;<br />
the checking is all diligent; and the result is the result. If someone wants to put it into electorates and say it has<br />
favoured—<br />
Mr Lewis: We are working for veterans all around the country, irrespective of electorate.<br />
Senator GALLACHER: Thank you. I do remember a grant that was in—<br />
Mr Lewis: The Anzac Centenary grants are a classic, with $125,000 per electorate.<br />
Senator GALLACHER: We will not pursue that any further. This next question probably needs to be taken<br />
on notice. The government made a number of election commitments prior to the 2016 federal election. Can the<br />
department provide a breakdown, on notice, of the government's election commitments, including any deadlines<br />
for delivery and the legislated requirements that will be necessitated by way of either regulation or legislation to<br />
implement those election commitments?<br />
Mr Lewis: Certainly.<br />
Senator GALLACHER: I am advised here that you have probably had some practice with that because<br />
Senator Ronaldson asked for it when he was in opposition. So there might be a template there somewhere.<br />
Mr Lewis: We are happy to assist.<br />
Senator GALLACHER: Also, can the department advise which of these commitments have been met and<br />
which have not; what financial impacts these have had, or will have; and whether there are any commitments, in<br />
the department's view, which are unattainable by way of budgetary requirements or legislation/regulatory<br />
provisions.<br />
Senator Payne: I am not sure the department will provide an opinion as such on that, Senator, but—<br />
Senator GALLACHER: I am sure we will get an appropriate response on those.<br />
Senator Payne: the department will respond as best as they can.<br />
Senator GALLACHER: Thank you. I want to go to the issue of the VAN—the Veterans' Access Network—<br />
offices.<br />
Mr Lewis: Yes. So—<br />
Senator GALLACHER: How is that process going? Are there going to be closures? We have discussed this<br />
at earlier estimates. Is the department aware of any closures of the current VANs?<br />
Mr Lewis: I do not think we have closed a Veterans' Access Network office for some time, so far as I am<br />
aware. In fact I can state with confidence there are no plans for closure of any offices.<br />
Senator GALLACHER: I have a list of—<br />
Mr Lewis: We probably have the list ourselves.<br />
Senator GALLACHER: Newcastle, Lismore, Maroochydore, Woden, Launceston, Townsville, Broadbeach,<br />
Darwin, Wodonga, Parramatta, Sydney, Melbourne, Brisbane, Adelaide, Perth and Hobart—all of those are all<br />
current?<br />
Mr Lewis: Yes. If you read out 16 placenames there, that would be right.<br />
Senator GALLACHER: Are any of the offices merging with Centrelink over the next 12 months?<br />
Mr Lewis: No.<br />
Senator GALLACHER: That is not happening? Anything planned to move frontline veterans services into<br />
DHS?<br />
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Ms Cosson: We already have some of our DVA staff in DHS shopfronts now. I did a bit of research on this<br />
after the last estimates. We have 16 VAN shopfronts. Five of them are co-located with the Department of Human<br />
Services, and, in 33 locations, DHS actually provides services on our behalf.<br />
Mr Gerrick: Yes.<br />
Ms Cosson: We also have other agents who provide our services in a number of states such as Tasmania,<br />
Queensland and WA. So there is a range of delivery arrangements for face-to-face services to our veterans.<br />
Senator GALLACHER: How are the five that have been merged going? I know there was contention about<br />
merging in the earlier rounds of estimates.<br />
Mr Orme: Geelong is the best example, I think. Mr Gerrick will probably go further into it, but it has been a<br />
highly successful merger and an improved delivery of services to veterans in the Geelong area.<br />
Mr Gerrick: Yes, I concur with the comments that the deputy president has just made. I oversaw particularly<br />
the Geelong exercise in 2015, and I think that went extremely well. Certainly from my perspective there have<br />
been no issues that have been raised, in connection with that, that have come to my attention—during that period.<br />
Senator GALLACHER: So five have been merged, and your evidence is that they are all going swimmingly<br />
well?<br />
Mr Orme: Yes. But, of course, the face-to-face services around Australia—there are more DHS offices in<br />
regional Australia than there are VANs, and, for regional veterans, getting access to face-to-face services through<br />
those sorts of opportunities is a positive.<br />
Senator GALLACHER: Can I go to the DART communication strategy and information sharing.<br />
Mr Lewis: Certainly.<br />
Senator GALLACHER: Sorry for jumping around. I do not know who does what. In October, the<br />
department advised that the communication strategy to inform survivors of abuse of the support and services<br />
available to them had been drafted and was waiting on endorsement from the Military Rehabilitation and<br />
Compensation Commission. Has this now been released?<br />
Ms Foreman: Yes, it has.<br />
Senator GALLACHER: When was it released?<br />
Ms Foreman: It has been agreed to by the commissions, and I am happy to take you through the components<br />
of the strategy.<br />
Mr Lewis: There were three phases in the communication strategy, and Ms Foreman is happy to take you<br />
through the three stages. Basically, we are almost through the second stage, and the third stage is to come.<br />
Ms Foreman: That is right.<br />
Senator GALLACHER: So it has been drafted and endorsed?<br />
Mr Lewis: We have done the first stage. The second stage is on the way and the third stage is coming.<br />
Senator GALLACHER: Has it been released? That is the question.<br />
Ms Foreman: Yes. We have had discussions with a number of people about this matter at the ESO Round<br />
Table and also with a number of senators. But the first stage is that we have looked at claims that were held in<br />
abeyance or rejected after 2012, and we have gone back to those claimants to see whether they would like their<br />
claims reconsidered and to see whether those claims are able to be successful under the new arrangements that we<br />
have. The second phase is the communications, where we have gone out through our social media, letters to<br />
ESOs, law firms, medical practitioners, health specialists and letters to the editor to advise of the new<br />
arrangements that we have—both the policy changes that I outlined last estimates and the procedural changes.<br />
The third phase is a broader communication strategy, which is focusing on more rural and remote areas—people<br />
who might not have become aware through the other elements of the communications strategy about the<br />
changes—where we are going to encourage them to come forward, and that will be a broader communication<br />
strategy.<br />
Senator GALLACHER: How would you characterise the time it has taken to get to this stage? Has that been<br />
efficient or has there been a delay? What was the reason it took so long?<br />
Ms Foreman: No. The commission endorsed a new policy, I think, in September or October late last year, and<br />
we went back to commissions with a strategy earlier this year, but we started on the strategy prior to endorsement<br />
because the first phase had been agreed by commissions earlier, which was that we would look at claims held in<br />
abeyance and claims for abuse that were rejected since 2012.<br />
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Ms Spiers: It was also important that, once the policy had been agreed to by the Repatriation Commission and<br />
the Military Rehabilitation and Compensation Commission, we actually trained the relevant staff members in that<br />
policy to ensure effective rollout of the policy from day dot, and, as Ms Foreman, said the focus then was on the<br />
claims that we had held that we could actually process. It would have been slightly disastrous to go out with a<br />
large communication strategy from day dot if we did not have the capacity to do that surge work, and that is why<br />
we worked on the claims we currently held.<br />
Senator GALLACHER: What date was the communication strategy completed and sent for approval?<br />
Ms Foreman: It was in February this year, I think, we went to commissions.<br />
Mr Brown: The communication strategy was considered by commissions on 2 February this year.<br />
Senator GALLACHER: Is that consistent with the earlier position that in October you informed us that the<br />
communication strategy had been drafted and was waiting on endorsement?<br />
Ms Foreman: Yes. We were drafting it last estimates when we spoke with you. And as I just mentioned<br />
earlier—<br />
Senator GALLACHER: I said 'had been drafted', so you are saying it was a work in progress in October?<br />
Ms Foreman: We had a fair idea of the three elements of the strategy, but we had to put the commission's<br />
submission together, and we started on it as soon as we could, as I said.<br />
Senator GALLACHER: So the date that it was formally completed and sent to the Military Rehabilitation<br />
and Compensation Commission was 2 February?<br />
Ms Foreman: That is right. That is the date I also—<br />
Senator GALLACHER: So there was no delay on their part that that has happened?<br />
Ms Foreman: The paper would have gone to them a few weeks ago, and that was the date of the meeting.<br />
Mr Lewis: The meeting was on 2 February. Then the paper would have been finished sometime prior to that.<br />
Ms Foreman: That is right, in January. That is what I was—yes, in January we got the paper finalised.<br />
Senator GALLACHER: What process involves the minister? Is any of this process involve the minister, or<br />
that—<br />
Ms Foreman: We certainly brief the minister on the Military Rehabilitation and Compensation Commission's<br />
decision. We briefed, and I would have had discussions with the office, about what we were proposing as well.<br />
But we certainly formally briefed the minister after the commission had considered the strategy.<br />
Ms Spiers: Clearly, the minister and his office were giving feedback to us about the suitability of that strategy.<br />
Senator GALLACHER: So from the department's perspective, there was no delay in this process.<br />
Ms Foreman: No.<br />
Senator GALLACHER: Over the course of the data investigation, you have said that a considerable amount<br />
of information was obtained relating to individual cases. Whilst the matrix used by data is different to the one<br />
utilised by DVA, can you itemise what assistance will be provided to those individuals who may be eligible for<br />
claims? You started to go through that before—about contacting people.<br />
Ms Foreman: Certainly; we have been contacting people whose claims are in abeyance or whose were<br />
rejected, to see—we have a specialist team in Melbourne that does this work—<br />
Senator GALLACHER: How many people are in that?<br />
Ms Foreman: I will just ask Mr Geary to respond to that specific question.<br />
Mr Geary: We have a dedicated team in Melbourne. We consolidated this work a number of years ago—I<br />
think it was about 2012. We have up to six assessors, depending on the workload, working on these cases. They<br />
are senior assessors who are experienced across all acts. They are our best and most senior people that do this<br />
type of work. We have a dedicated social worker who works with the group, who came from an abuse work<br />
history background. We have a doctor allocated to the team for any medical assistance. We case-conference all<br />
the cases as they come in with the social worker, doctor, et cetera. The social worker does phone interviews to<br />
assess risk and referral for other assistance. We talk to people, of course, about non-liability health care. If it is an<br />
accept, the work goes through relatively smoothly. If it looks like the case will be rejected, we have a second look<br />
at it internally with, again, the experienced team plus the team leaders. We then, if it looks like that is a reject, we<br />
sent it off and up to national office to have a look at it.<br />
Senator GALLACHER: Can I just ask you in relation to that team—they are obviously not allocated. The<br />
workload determines how many people are on the job. Is that how it works?<br />
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Mr Geary: It is a complex assessment team. The mefloquine cases we talked about earlier also go in there.<br />
Also cases across three acts with a lot of conditions on the one claim—so we might get a claim for 15 conditions.<br />
Senator GALLACHER: It is a specialist unit that can handle the volume of work?<br />
Mr Geary: Absolutely; yes.<br />
Ms Foreman: They have also received training from Phoenix Australia recently in relation to dealing with<br />
people who have suffered abuse and also on what the cycle of abuse looks like and how that can influence the<br />
behaviour.<br />
Senator GALLACHER: Just jumping around again—we have taken evidence on this committee that there is<br />
maybe an impending lack or shortage of advocates. New advocacy training and development programs—can<br />
somebody talk to us about that?<br />
Ms Foreman: Yes; I will ask Ms Vardos to come back as well.<br />
Ms Vardos: The ATDP started on 1 July 2016 and it has been running for almost a year. It has been going<br />
through the process of implementing accredited training and making sure that it is nationally consistent. In<br />
addition to that, it has also introduced a regional management structure. The purpose of that structure is to<br />
coordinate training needs in the regions as well as understand what the need for advocacy services are and making<br />
sure that there is an appropriate number of trained advocates in each region.<br />
Senator GALLACHER: Can you specifically outline any support being offered to ESOs in regional areas to<br />
attend training?<br />
Ms Vardos: Training courses are being made available. The department started rolling out training courses<br />
last year for people to be accredited at the level 2 level of advocacy training for compensation. The reason those<br />
courses were offered at that level is that that is where the bulk of the work is done in the system, and we plan to<br />
roll courses out for other levels of advocacy—those being one, two and three—later this year. At this point we<br />
have had a number of different advocates. There are 100 advocates who have gone through stage 1 and<br />
commenced as new advocates, and there are also 100 who have done the RPL2. Most of those, at this stage, have<br />
been in main city areas, for the courses, and the chairs of the regional management bodies are determining what<br />
the needs are in each of those regions. Advocates have been asked to register, on the online management system,<br />
their interest in attending courses, so that we can gauge the interest, so we know where to run the courses. That is<br />
not to say that courses would not be run in regional areas; we are still just in the process of establishing the<br />
interest through the regional managers.<br />
Senator GALLACHER: Do you know how many registered training organisations would offer the course?<br />
Ms Vardos: The department has a relationship with major training services to deliver the training, and part of<br />
that work with the ATDP is to train a set number of assessors. So they would be very senior advocates that would<br />
have the responsibility of helping to RPL, or register prior learning, and transition people and do the paperwork<br />
for them to do that. The courses have to be accredited by the ASQA, which is the Australian Skills Quality<br />
Authority, and the department is just about to obtain that qualification. So the courses will roll out with that, with<br />
the assessors working under that framework to assess people.<br />
Senator GALLACHER: How does an advocate access the training?<br />
Ms Vardos: The regional manager's role is to promote the advocacy training and the transition from the old<br />
training system to the new one, and they have connections with ESOs in their communities, so their job is to<br />
promote that. The department also works with, along with the ATDP—so the Advocacy Training and<br />
Development Program—governance structure to promote the scheme to ESOs, and we give information to a<br />
variety of committees. The ESO round table is one of them, as well as the younger veterans' forum. There are<br />
communications that go out from the committee as well as the department. It is also a partnership, so the<br />
department does a lot of the work as well as the ESO community, and we also do work with Defence to promote<br />
it.<br />
Senator GALLACHER: So you have had this program going for 12 months?<br />
Ms Vardos: Correct—almost 12 months.<br />
Ms Foreman: I was going to say: 1 July 2016 we started.<br />
Senator GALLACHER: So what issues are being raised, or have any issues been raised, about access to<br />
training for advocates?<br />
Ms Vardos: Are you talking about training for the ATDP courses?<br />
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Senator GALLACHER: Yes. So, basically, simplistically, you are trying to improve the training of<br />
advocates and the number of advocates?<br />
Ms Vardos: Correct.<br />
Senator GALLACHER: So has there been any issue raised with you about access to the training?<br />
Ms Vardos: Not in terms of access to the training. There are a lot of people who are registered on the waiting<br />
list, and we are trying to determine the need to run the courses within each region, and it is simply a matter of<br />
people accessing it. Originally, when the department ran a number of trials or pilots of the training to see how it<br />
would work, particular for the RPL process, there was some concern raised by advocates about why they were not<br />
selected on the pilots, but you could only have a certain amount and the people chosen to go on those pilots were<br />
chosen by the regional managers of the ATDP.<br />
Senator GALLACHER: Are there any plans to help ESOs in regional areas with increased costs of travel? Is<br />
that an issue?<br />
Ms Vardos: Similar to under the previous training program, ESOs are required to cover all the travel costs<br />
themselves, and the department pays the cost of the training. That is the same approach that there was under the<br />
previous program.<br />
Senator GALLACHER: So if they do incur costs because they are trying to get advocates in the country, it is<br />
their cost not yours?<br />
Ms Vardos: That is correct, and it is consistent with the old program. But, additionally, we will be looking to<br />
run courses where there is a need for people to undertake advocacy training.<br />
Senator GALLACHER: Just on access to specialised treatment in rural and regional areas: I do not know if<br />
we are still talking to the same people, but does the department actively monitor what services are available to<br />
identify any gaps in providers or treatments in regional and rural areas?<br />
Mr Lewis: It is more likely to be Ms Campion.<br />
Ms Campion: The way we become aware—because we do not contract with specialists or other providers,<br />
other than hospitals—is: we rely on those who are registered with Medicare and have a Medicare number. We<br />
obviously do not have a way of monitoring where they are providing services. The way we become aware that<br />
there may be access gaps is through providers or clients making contact with us because they are having difficulty<br />
accessing the services in their local area. Then we go through our arrangements to try to find them a provider who<br />
is nearby who will participate in our arrangements. If that is not possible then we have arrangements for people to<br />
travel to enable them to access treatment. There are other sorts of things we can do to provide access to services.<br />
Senator GALLACHER: I will just go through that. If someone notifies the department that they need some<br />
treatment and no-one appears to be able to provide it, you will have a look to see if there is a solution. If not, you<br />
will assist them to travel.<br />
Ms Campion: Yes, that is right.<br />
Senator GALLACHER: How often do you review that? Are there particular areas where there are<br />
shortcomings?<br />
Ms Campion: It depends on the specialty as well. There are a range of issues that can arise there. We do not<br />
necessarily have a time of year when we do a formal review but we are always looking to what the trends are in<br />
terms of requests we get for assistance.<br />
Senator GALLACHER: So you do not have a list of all of the providers in each state?<br />
Ms Campion: No, we do not. As you can appreciate, there are thousands out there so it is very difficult for<br />
us—<br />
Senator GALLACHER: I know, but they all want to practise in the city. That is the problem.<br />
Ms Campion: They do.<br />
Senator GALLACHER: When we encourage people to go into rural areas they only do their time and move<br />
on. Is there anything you are doing—I know a lot of health departments are doing this—to encourage providers to<br />
extend services into regional areas? Is there any involvement from the department in encouraging people to<br />
provide services and meet the gaps?<br />
Ms Campion: I am not aware of any specific initiatives. I might have to take that on notice. As you<br />
mentioned, the health department has a range of programs to encourage people to train and work in rural areas,<br />
but I am not sure that we have anything in particular.<br />
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Senator GALLACHER: I am happy for you to take it on notice. While you are there, is there any proactive<br />
monitoring of services across the country, particularly rural and regional areas, to identify shortcomings,<br />
particularly in respect of specialised treatment in rural and regional areas? Have you done that in the past?<br />
Ms Campion: No. As I said, we do not have a particular program to do that. It is more an ongoing process of<br />
monitoring, as I said before, what the trends are in terms of requests we get for assistance for travel for treatment<br />
or for finding providers nearby who will accept our arrangements. It is an ongoing piece of work that we keep an<br />
eye on.<br />
Senator GALLACHER: My final questions relate to rehabilitation services. We touched on previously the<br />
recommendations out of the ANAO report. Are there any temporary measures being undertaken while you are<br />
doing further and better evaluation of the audit report?<br />
Ms Foreman: I talked a little bit about the first recommendation, which was improving transition for<br />
members moving from Defence to the Department of Veterans' Affairs, and that we have set up a transition task<br />
force. That is something that is currently underway. The second recommendation was about performance<br />
indicators for our rehabilitation program. We have been working on that and we will continue to. Our first attempt<br />
will appear in the portfolio budget statement for the budget coming up in May and we are continuing to work with<br />
providers because they actually have a rich source of data and they report in various fora. We feel there are<br />
lessons we can learn from them in terms of how to present data—the most important type of data—to inform<br />
people of the success of our programs. That is what we have been doing, and you will see the results of the first<br />
efforts in the portfolio budget statement.<br />
The third recommendation related to the way we deal with providers.<br />
Senator GALLACHER: In respect of that, are you going to implement KPIs?<br />
Ms Foreman: Yes, we are.<br />
Senator GALLACHER: Will they apply to all providers including existing ones?<br />
Ms Foreman: It will apply to the rehabilitation program. We have arrangements already for providers. We are<br />
strengthening those. I think I told you last time that we use the Comcare-accredited rehabilitation providers. I<br />
should say that our longer term goal is to work more closely with Defence so that a rehabilitation provider in<br />
Defence can carry over with a rehabilitation plan for a veteran into the department. That is something we cannot<br />
achieve in one year, because of contractual arrangements, but that is where we want to be. In the meantime, we<br />
are doing what we can to ensure that the providers that we use from the Comcare-accredited scheme are providers<br />
that are well suited to meet the needs of our veterans. We now have five additional selection criteria which<br />
Comcare providers who would like to work for us must meet.<br />
We have also been doing a lot with providers in terms of training and provision of information about DVA's<br />
rehabilitation program, because it is not typical. We are not seeking to return people to the job that they were<br />
formerly in. We are seeking to return people to a different job because they cannot go back to their job in<br />
Defence, so our requirements of providers are different. We also use the Goal Attainment Scale, which again is<br />
not something widely used in the rehabilitation area, but it is a very good methodology to use with veterans<br />
because we work with their values and their skills to work out what the next steps will be in terms of their<br />
psychosocial engagement and also their vocational engagement.<br />
Senator GALLACHER: Can you just give us an update on recommendation 5, the establishment of e-<br />
learning modules? Are they being developed in house?<br />
Mr Bayles: Yes, they have been. They already have three e-learning modules which they must complete. That<br />
is part of the five conditions that Ms Foreman mentioned, but we have developed a number of extra modules<br />
which talk about rehabilitation processes and policies. Those modules are almost ready to be released to the<br />
rehabilitation providers. We just have a few final processes to go through before we can launch them.<br />
Senator GALLACHER: If you implement these recommendations, can you do that within existing resources,<br />
or is it going to—<br />
Mr Bayles: We are using existing resources within my branch, yes.<br />
Senator GALLACHER: So there are no extra FTEs required to implement these recommendations?<br />
Mr Bayles: No.<br />
Ms Foreman: We are doing it within existing resources.<br />
Senator GALLACHER: Does that push the time line out?<br />
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Mr Bayles: Not particularly, but we have been having discussions with rehabilitation providers around how<br />
they measure success in rehabilitation, what performance measures they use and what reporting they have<br />
available. As Ms Foreman said, they have a very rich range of performance measures available that they use<br />
themselves to monitor their own performance. We would like to capitalise on some of that. At the moment, we<br />
have an ICT capability being built for this function in May this year, and we just want to see how much that ICT<br />
capability will give us in terms of extra performance measures. Then we will go back to the providers and say:<br />
'These are the gaps. This is what we need from you. Can you deliver this information to us on a regular basis?' So<br />
we extend the number of performance measures that we can gather and report on by approaching the providers to<br />
give that information to us directly.<br />
Senator GALLACHER: You advised us that you will be pursuing initiatives 3 and 5 throughout 2016-17.<br />
Are you on track?<br />
Mr Bayles: Yes, we are on track.<br />
Ms Foreman: Yes.<br />
Senator GALLACHER: And we would see a completion in 2017?<br />
Mr Bayles: Yes.<br />
Ms Foreman: A substantial completion, if not completion, yes.<br />
Senator GALLACHER: Thanks very much, Chair.<br />
CHAIR: Senator Moore?<br />
Senator MOORE: In terms of the evidence you gave, you were wanting to bring the Comcare system and the<br />
Defence system more closely—you want to use the people working in the system who are more closely aligned to<br />
the Defence system than the ones that are currently working with Comcare accreditation.<br />
Ms Foreman: Yes.<br />
Senator MOORE: Is there much crossover between rehabilitation service providers who contract for<br />
Defence, DVA and Comcare?<br />
Ms Foreman: It is a different arrangement.<br />
Mr Bayles: It is a different arrangement.<br />
Senator MOORE: A different arrangement—but I am talking about the companies.<br />
Mr Bayles: In terms of companies, yes.<br />
Senator MOORE: So the people who actually do it. Is there crossover?<br />
Mr Bayles: I understand Defence uses two main rehabilitation providers, and DVA has 36 that we use.<br />
Senator MOORE: Including those two from Defence or not?<br />
Mr Bayles: Yes.<br />
Senator MOORE: So there is crossover?<br />
Mr Bayles: There is some crossover there.<br />
Senator MOORE: And that is nationally?<br />
Mr Bayles: Some of the providers are national. The two that Defence have are national.<br />
Senator MOORE: are national of course.<br />
Mr Bayles: We have a number of providers who are only regionally based.<br />
Senator MOORE: Who are the two that Defence use?<br />
Mr Bayles: I think it is Connect and APM.<br />
Senator MOORE: Thank you. Thanks, Chair.<br />
CHAIR: Senator Gallacher.<br />
Senator GALLACHER: Thanks, Chair. The Sir John Monash Centre, is anybody able to answer a question<br />
on that?<br />
Mr Lewis: Certainly, Senator.<br />
CHAIR: And Villers-Bretonneux.<br />
Senator GALLACHER: Yes. So we got some information some time ago and we looked at the budget<br />
expenditure for 2017-18 and 2016-17. So $2.1 million in 2016-17 is to be spent managing the project?<br />
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Major Gen. Chalmers: I would have to take that on notice. I only have the broad figures in front of me. So,<br />
unless my colleague has those detailed figures—<br />
Senator GALLACHER: I will just go back. In 2015-16, there was $1.4 million, rising to 2.1 million in 2016-<br />
17. My line of questioning then was: how much are you spending on airfares flying up and down to manage the<br />
contract? On notice, could you please provide that completed expenditure?<br />
Major Gen. Chalmers: Certainly, Senator.<br />
Senator GALLACHER: Thank you.<br />
CHAIR: That is it?<br />
Senator GALLACHER: Yes.<br />
Senator KITCHING: Can I just ask one more?<br />
CHAIR: You certainly can.<br />
Senator KITCHING: In the US, unemployed veterans and long-term unemployed veterans where they are<br />
employed by companies, those companies are given tax credits. I think for an unemployed veteran it is<br />
approximately $6,500—it is very easy to find; it is on the US Vet's affairs website—and I think for long-term<br />
unemployed it is about $9,000 or $9,500 or something. Has the department, or in fact the minister, given thought<br />
to those kinds of policies?<br />
Mr Orme: Let me just say two things. The US experience is informative, as is the experience of veterans in<br />
our other coalition partners, but they are not always good proxies. The entire set of services and benefits that are<br />
offered are different. There is not a particular veteran unemployment program—<br />
Senator KITCHING: In Australia.<br />
Mr Orme: in Australia. The issue of veterans and employment relates generally to things like income support<br />
and the beneficial opportunities they have in our system once liability is established and those things are<br />
determined. We are continuing to engage, looking around at all sorts of—<br />
Senator KITCHING: I am not talking about liability or rehabilitation. I am actually talking about where<br />
someone served their country and perhaps they are having difficulty finding employment. Let's say they transition<br />
out of the armed services and they find difficulty in employment in the civilian world. So what the US<br />
government has done is make it, I guess, attractive to employ a veteran, and they make it more attractive to<br />
employ a longer term veteran. I think there are probably good policy reasons around doing it. I am just wondering<br />
if any consideration is being given to that.<br />
Mr Orme: We do not have the data on long-term veteran unemployment as a subcategory. But in fact I would<br />
posit that the government is looking at it from the other perspective, and the Prime Minister's employment<br />
initiative is exactly of the same ilk—addressing the broader challenge of ensuring effective transition of serving<br />
ADF men and women, who are leaving of their own volition and those who are ill or injured, and assisting to<br />
build a bridge between industry, commerce, local levels of government and the Defence community in order to<br />
assist and improve the transition and employment prospects.<br />
CHAIR: Thank you. And on that note, we will conclude the committee's examination of the Department of<br />
Veterans' Affairs. I thank you, Minister, Mr Lewis and officers for their attendance. I thank Hansard,<br />
Broadcasting and the secretariat. I remind my colleagues that written questions on notice should be provided by<br />
10 March. The committee will begin its hearings tomorrow morning at 9 am with the Foreign Affairs and Trade<br />
portfolio.<br />
Committee adjourned at 23:00<br />
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