ADF says war-crimes defendant not entitled to protected-identity status

Defence has issued a statement on the topic of protected identity and how it affects former members – including the SAS trooper accused of war crimes.

The statement said that following the laying of war-crime charges against a former ADF member, it had been falsely claimed in social media that Defence Protected Identity status should be afforded to the former member

“Defence Protected Identity status, also known as PID status, is a Defence policy afforded to some current-serving Australian Defence Force members.

“This is to protect current, sensitive Defence capabilities and effects, our operations, the partners we operate with, as well as to safeguard the security of individuals and their families.

“In practice, Defence Protected Identity status applies to current-serving members of Special Operations Command and special-forces-qualified members who are likely to return to a position within Special Operations Command.

“Once these personnel fall outside these categories, they no longer hold Defence Protected Identity status.

“Personnel within Special Operations Command who hold public-facing positions are not afforded Defence Protected Identity status.

“Similarly, former ADF members are not covered by Defence Protected Identity status policy.”

The statement went on to say Defence would take steps to protect from public disclosure the identity of its members who do have Protected Identity status, but that it is not Defence’s position, nor has it ever been, to publish details of individuals with an active PID.

“In the context of civil and criminal court cases this includes the Commonwealth, on behalf of Defence, applying for suppression orders to prohibit the disclosure of information in certain circumstances.

“However, decisions regarding disclosure will be a matter for the courts.

“If Defence Protected Identity status is not applicable, but another national security requirement to protect an individual’s information is identified, Defence will make an application to the court to protect such information.

“The final decision on such an application is a matter for the courts.

“Irrespective of a person’s identity status, protected or not, it is Defence policy and practice to only release official content, or make public comment, that will not compromise an individual’s privacy in accordance with the Privacy Act 1988.

“Defence continues to provide welfare support and legal assistance to ADF personnel who participated in the Afghanistan Inquiry and/or are now participating in criminal investigations or proceedings relating to matters arising from the Afghanistan Inquiry.

“Welfare and other support services, along with information on legal assistance, is available.”

.

.


.


.