Government Waives NDAs for Veterans Speaking at Military Sexual Violence Inquiry
Veterans Affairs Minister Matt Keogh has confirmed the Australian government will not enforce non-disclosure agreements (NDAs) against current or former Australian Defence Force (ADF) members who wish to speak about their experiences of sexual violence at a landmark inquiry.
The commitment came in response to a letter from the Human Rights Law Centre, which had requested amnesty for victim-survivors bound by such agreements.
Scope of the Waiver
The waiving of NDAs applies only within the context of the inquiry; the government has not committed to a permanent amnesty beyond the inquiry.
The government also reserved its right to confidentiality over financial settlement details and confirmed it cannot release survivors from obligations to third parties.
Voices from the Sector
Regina Featherstone, senior lawyer at the Human Rights Law Centre, said the decision may restore voice to thousands who signed away their rights without understanding the long-term impacts.
Julia Delaforce, a former servicewoman who challenged an NDA through legal action, said the commitment allows veterans to speak without fear of legal threats or retaliation. She added that this should be the start of a permanent ban on such NDAs.
Inquiry Terms of Reference Released
The final terms of reference for the military sexual violence inquiry have been publicly released. The inquiry was recommended by the Royal Commission into Defence and Veteran Suicide.
The inquiry will cover four key areas:
- Prevention of military sexual violence
- Early intervention strategies
- Reporting mechanisms
- Response systems
It will also examine the military justice system for misuse or abuse, and the barriers faced by civilian police in investigating such matters. An advisory group of survivors will support the inquiry.
Reactions from Advocacy Groups
Donna Manton, director of the Athena Project, said the terms of reference are an improvement from the draft. She welcomed the advisory group but stressed it should influence outcomes.
Manton noted that the military justice system is not currently victim-centric, citing a case where a soldier reporting a sexual assault received an infringement because the perpetrator admitted to drinking.
Minister Keogh said the inquiry will help hold perpetrators accountable, identify systemic gaps, and better protect victim-survivors.