Australia to enforce gag orders on military sexual violence victims

Gag orders imposed on former and current Defence personnel who have experienced sexual violence will not be enforced, allowing them to participate in a landmark military sexual violence inquiry.

The affirmation has been made by Veterans Affairs Minister Matt Keogh in response to a letter penned by the Human Rights Law Centre last month, pleading with federal ministers and the new head of the Defence and Veterans' Service Commission to provide amnesty to victim-survivors bound by non-disclosure agreements (NDA).

"This decision may give back [a] voice to thousands of servicemen and women who signed it away without realising the impacts on their lives long-term," Regina Featherstone, a senior lawyer at the Human Rights Law Centre, said.

There were fears some of the worst-affected veterans would be barred from giving evidence to the inquiry.

But Mr Keogh's letter has made it clear that will not be the case.

"The government will not enforce NDAs (including any non-disparagement requirement) between the commonwealth and current or former ADF members in relation to sexual violence, if they wish to speak about their experience with the inquiry or make a submission to the inquiry," it says.

The letter does however state the government reserves its right to confidentiality over matters like financial settlement details, and it cannot release survivors from their obligations to any potential third party.

Critically, the commonwealth has not committed to waiving NDAs beyond the purpose of the inquiry.

"We urge the minister to extend these protections with a permanent amnesty for victim-survivors, so the Australian Defence Force can continue to reckon with the problem of sexual violence at the inquiry and beyond," Ms Featherstone said.

Former servicewoman Julia Delaforce, who was bound by an NDA for 15 years and won her voice back via legal action, said the move was an enormous step towards the inquiry's ability to effect meaningful change.

"The [inquiry] will only be meaningful if veteran survivors can participate without fear of legal threats, retaliation or being told once again to stay silent," Ms Delaforce said.

"Today's commitment gives veterans a clearer path to speak their truth to power, and it must be the beginning of a permanent end to [issuing of NDAs]."

Military justice under the microscope

The commitment from the commonwealth coincides with the public release of the final terms of reference for the military sexual violence inquiry.

It's establishment was a recommendation of the Royal Commission into Defence and Veteran Suicide.

The inquiry will cover prevention and early intervention along with the reporting of and response to military sexual violence.

Importantly, it will also put the military's justice system under the microscope, probing the misuse and abuse of the system and the barriers faced by civilian police when they attempt to investigate military sexual violence matters.

Donna Manton, the director of the Athena Project — an organisation that advocates and supports victim-survivors of sexual violence in the military — said this aspect of the inquiry was vital.

"The [military justice system] is not victim-centric currently and is not providing a good outcome for victims," she said.

Ms Manton said one young soldier recently told her that when she reported her sexual assault to her chain of command, her entire group received an infringement because her alleged perpetrator disclosed they were breaking the rules by drinking at the time.

"Her words were 'Yeah I reported it and got an infringement'. Hardly encouraging," Ms Manton said.

"This is how reporting of a more serious criminal matter is undermined by a focus on minor military-only matters like drinking in the lines, and the military justice systems produced an unintended outcome."

Ms Manton said the terms of reference were a great improvement on the draft terms, released at the end of last year.

One former servicewoman and expert on military sexual violence told the ABC the former terms of reference "appeared like they were written by a bureaucrat, looking for a quick tick and flick to get [this] inquiry over and done with."

Ms Maton said she welcomed the decision to include an advisory group of survivors to provide support to the inquiry.

"This is a good step after it initially being optional for consultation with survivors in the original," she said.

"I hope it will be used to influence the outcomes, not just rubber stamp them."

Mr Keogh said the inquiry would help to hold perpetrators to account, identify gaps in the system and help better protect victim-survivors.

"This inquiry will recommend systemic improvements as we work to eradicate the scourge of sexual violence in the Australian Defence Force," he said in a statement.