‘Disturbing’: Lawyer Greg Isolani reacts to Royal Commision into Defence and Veteran Suicide

Governments will be judged as to their response to Royal Commision recommendations and what they have done to reduce the incident of death and harm done by ADF service, writes lawyer Greg Isolani.

The Royal Commission into Defence and Veteran Suicide and its recommendations delivered is a sobering read and testament to the courage of veterans, both past, present and their families who had the guts to tell their story and finally be heard.

The royal commission identified the devastating effects of unlawful and unprofessional conduct within the Australian Defence Force (ADF) has on veterans, including disturbing insight into military sexual violence, unacceptable behaviour and the failure of the military justice system.The harsh reality for the ADF is that sexual abuse and unacceptable behaviour as identified by the commission is not just simply a “one off” issue, as it has been the subject of many inquiries and very little by way of an effective response.

The ADF can no longer assume it’s “someone else’s problem” including the victims without clear policies to ensure those who speak up are protected, their careers are maintained, they have access to appropriate medical care.

Lawyer Greg Isolani. Picture: ABC

The devastating and compounding effects of military sexual abuse includes, in many cases, the failure for the perpetrator to be the subject of a clear and transparent legal process. This is unacceptable given that a civilian say in a comparable workplace would see their complaint’s acted in including, in most cases civilian police.

All too often ADF perpetrators are simply “moved on”, as the ADF remain impotent to effectively investigate and ensure the military justice system administrates justice rather than paying lip service to the concept.

The reality that the royal commission has also identified the importance of the health and wellbeing of veterans’, whether voluntarily or medically discharged needs to be a high priority within the ADF.

The ADF leadership must be held accountable for not just simply preventing or reducing the risk of injury to accommodate an ADF member into alternative roles while serving or to ensure when they are discharged that DVA are “fit for purpose” to look after them.

While the royal commission made some positive findings regarding the progress of DVA reform, it is it has been very slow in its responses to date without giving any insight as to why.

The theme of DVA reforms has been the subject of many inquiries and clearly identified when you consider the Productivity Commission in June 2019 which found they were not fit for purpose” or the Jesse Bird inquest findings in April 2020.

The DVA Minister must act on these recommendations to ensure DVA does not simply “meet performance targets” but effectively administer, provide a range of income and other support, including medical interventions and assistance to families to reduce the harm caused by an injury from service.

It should not have taken the RCDVS to determine the transition from military to civilian life must be given priority by the ADF and DVA working independently and collaboratively.

Jesse Bird, an Afghan veteran, died by suicide in June 2017. Picture: Supplied

It will take a strong and proactive ADF leadership to work with an efficient, competent and “fit for purpose” DVA to ensure transition that will never be “seamless” but should be fair and equitable in order to reduce further harm service injuries have not only on the Veteran but their families.

The findings needs the ongoing impetus a National Commissioner will bring to ensure politicians, ADF and DVA remain accountable now their work is done.

Ultimately, this and successive Governments will be judged as to their response to the recommendations and what they have done to reduce the incident of death and harm done by ADF service and in many cases, a deeply flawed DVA scheme.

Greg Isolani, from KCI Lawyers, has represented several families of defence personnel who have suicided.

Originally published as ‘Disturbing’: Lawyer Greg Isolani reacts to Royal Commision into Defence and Veteran Suicide