Defence Department sets out compensation plan for unlawful Afghanistan killings

Defence Department sets out compensation plan for unlawful Afghanistan killings

The Australian government has laid out how it will compensate the families of people found to have been unlawfully killed or abused by Australian special forces in Afghanistan.

Compensation was one of the recommendations from the damning 2020 Brereton report, which found “credible information” that Australian Defence Force (ADF) personnel were involved in serious crimes, including the “murder” of 39 prisoners and civilians between 2005 and 2016.

In regulations quietly published on Thursday, it shows a new Afghanistan Inquiry Compensation Advocate will assess a claim if the Chief of the Defence Force (CDF), Admiral David Johnston, refers it to them based on a series of criteria.

That includes that the claim must relate to someone who is “reasonably likely” to be the victim of assault or property damage or a family member of someone unlawfully killed.

The person must also not be a member of a terrorist organisation.

According to the regulations, after considering the claim, the Advocate must report back to Admiral Johnston with their recommendation, but the claim’s outcome will ultimately be a decision for the CDF.

If his decision is not in line with the recommendation, he must write to Defence Minister Richard Marles with at last 15 days’ notice.

It has not been announced who the Advocate will be, but the regulations make clear they will be appointed by Mr Marles on a part-time basis.

spokesperson for the defence minister said the government had been committed to implementing the Brereton report’s recommendations to the “fullest possible extent” which included establishing a compensation pathway.

“The establishment of the Afghanistan Inquiry compensation scheme represents a significant step forward in closing out these recommendations,” the spokesperson said in a statement.

The opposition’s Home Affairs spokesman James Paterson was awaiting a briefing from the government, while the Greens spokesman for Defence, David Shoebridge, was concerned about the CDF being able to overrule the advice.

It’s expected the federal government will make further announcements about its response to the Afghanistan Inquiry report in the months ahead.