Lawyers representing a group of women in the Australian Defence Force (ADF) say serving members have been subject to harassment since a class action was launched.
In October, four ex-soldiers filed legal action alleging widespread sexual assault within the ADF. More than 1,000 others have since joined the class action, law firm JGA Saddler said.
The firm’s director Josh Aylward told TDA that men in the ADF are now “bullying” their female colleagues, “because of this action”.
Meanwhile, the Government is seeking to clarify who can join the class action.
Background
Last year, the Royal Commission into Defence and Veteran Suicide found “close to 800 sexual assaults have been reported in the ADF over the past five years.”
In October, four former soldiers launched a class action, a type of lawsuit where many people are represented by one entity.
The women’s names have been withheld for legal reasons. They allege widespread and systemic sexual violence, harassment and discrimination across Australia’s Army, Navy, and Air Force.
Who’s included?
On Tuesday, the Federal Court heard arguments over whether the class action should exclude currently-serving officers, and people who have already lodged claims against the ADF over sexual violence.
Lawyers for both sides asked the court to consider if officers who were assaulted while serving overseas can be included in the class.
In a 2000 case, the Federal Court ruled it does not have jurisdiction to apply the Sex Discrimination Act to incidents overseas, even if they involve people working for the Australian Government.
New allegations
Current ADF personnel have allegedly been harassed about the class action, the court heard on Tuesday.
The ADF chief allegedly addressed the lawsuit in a video sent to all serving members. Lawyers representing the former soldiers suggest this created confusion about whether female soldiers were automatically involved.
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Following this, JGA Saddler received reports that some ADF staff had told their female colleagues to “pay for everyone’s drinks,” claiming women in defence would financially benefit from the case.
Women in the ADF also reported being told: “You’ll get promoted now because of this class action.”
Speaking outside court, Aylward said: “This is something that the ADF needs to address themselves. They can [say] ‘well, they’re unsubstantiated claims, we didn’t hear it ourselves’...
“Talk to the people that are actually in there now, because this is happening. This is a real problem, and they just seem to be turning a blind eye to what’s going on.”
The Department of Defence said it “acknowledges there is work to be done.”
Comments
Speaking to media outside court, Aylward accused the Government of “trying to limit what the claim is for and how many women can actually be part of [it].”
He said more than 1,000 women joined the class action in the first weekend after it was announced.
A spokesperson for the Department of Defence told TDA they are “developing a comprehensive sexual misconduct prevention strategy.”
“There is no place for sexual violence or misconduct in Defence,“ they said.
Inquiry
Also on Tuesday, Veterans Affairs Minister Matt Keogh announced an inquiry into sexual violence in the ADF.
It follows a recommendation from the Royal Commission into Defence and Veteran Suicide.
Keogh said the Australian Human Rights Commission had begun consultation on what the inquiry should investigate when it officially commences next year.
