AAPSUO.OOJ attachment 1 to appe.ndix I to annex D to part2 chapter7

INCIDENT/COMPLAINT INITIAL ASSESSMENT REPORT (IAR)

Unit Date of Incident Report Date I~ 06C. I ~ (e,..AJ- 0 4 ~r-'R t 'f-

Rank/name/unit of reporting officer (not required if reporting officer is unit commander)

Rankluame(s) of complainant (If applicable) Ranklname(s) of respondent (lf applicable) REDACTED REDACTED

Specific complaint(s) I description of incident

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Background details I facts

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UNCONTROLLED IF PRINTED

ALO May2008

DEF.02.0017.042.0078_R

AAP 5110.001 attachment 1 to appendix I to annex 0 to par1 2 chapter 6

Witnesses interviewed (attach notes I statements if applicable) REDACTED

Internal/external experts consulted I advice provided ~ttach notes/stateme ts if applicable)

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~ve~~~ cJ...~ Reporting officer's recommendation(s) (not required if reporting officer is uoH commander)

UNCONTROLLED lF PRINTED

ALO May 2008

DEF.02.0017.042.0079_R

AAP SI 10.001 attachment I to appendix I to annex D to part 2 chapter 7

Unit Commander's decision(s) on actions to be taken

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Complainant Notified OD o~~ Ii./ (Date)

UNCONTROLLED IF PRINTED

Date

Ol,t APR. I L./

ALO May2008

DEF.02.0017.042.0080_R

STAFF- IN - CONFIDENCE

AUSTRALIAN AIR FORCE CADETS 608 (TOWN OF GA WLER) SQUADRON

Address: Cnr Gawler River Road, and Two Wells Road, Willaston. SA 5118 Phone: (08) 85 227 937 (Friday Nights 1900 to 2200) 0403 180 426 (CO After Hours)

1241/1/PJ/1 /14

06APR2014.

ATIN:

OC6WG AFL06WG X0608SQN

REFERENCES: Children's Protection Act 1993(SA) (as amended in 2006) Part 4, Dlv's 11 (1) (a) (b), (2) 0) Criminal Law Consolidation Act 1935 Section 47 para's (a), (b). (c) AAP 5110.001(AM1) AAFC Interim POLMAN JUL2008.Pt2 CH7 Para's 3,6,8b,10a,b,c,16a,c,20,23b,24,25 AAP 5110.001(AM1) AAFC Interim POLMAN JUL2008.Pt2 Annex C to Ch 19Para's1a.b.d AAFC Manual of Management (2014) VOL2 PT1 CH10. Para's 7,9,11,13,14a,b,c AAFC Staff Code of Ethical Behaviour ARTICLES a,b,c,d,e,f,j & I AAFC Cadet Code of Ethical Behaviour

RE: ALLEGATIONS OF INAPPROPRIATE ACTIVITY BY'4j'ff'1'~

~ report is a FfRST REPORT submitted after being approached by ~on the night of 04APR2014 requesting an interview with myself, PLTOFF(AAFC) Cheryl Murphy (XO) and MR Brock Le Cerf (ASSTRGO) in regard to allegations of inappropriate sexual conduct by the above-named ADF Support Staff Member.

2. This report is hereby tended by FLGOFF(AAFC) Lee Murphy, Commanding Officer of 608SQN AAFC, in response to allegations made to the said officer by members of 608 Squadron, AA.FC over the period of 21March2014 to 04APR2014 inclusive; against lii:li REDACTED RAAF. This report is made in good faith as per the Australian Air Force Cadets Manual of Management (Electronic version 2014) and under the guidelines and responsibilities in the said document relating to Mandatory Reporting and in conjunction with the above listed references; by Commanding Officers of a Squadron/Flight of the AAFC.

l

DEF.02.0017.042.0081_R

STAFF - IN - CONFIDENCE

I11troductio11:

REDACTED 3. Unusual attraction to the cadets of 608 SQN by was noticed very early after he started parading with the squadron early in the 2012 training year; in which he was undergoing a trial appointment as an ADF Support Member with 608SQN. This was initially recorded as indicative of a very exuberant and a very friendly nature by the SGT.

4. The following narrative is a detailed and accurate description of a number of reported events made ~ myself in regard to the attitude of, and alleged actions committed b~

Background:

4. An overly friendly nature in regard to the female cadets of the squadron by m1·f111·1

we·M'"'" was first really noticed by a majority of the staff as a group at the Tiddy Widdy Beach Bivouac conducted over the weekend of 28SEP-O 1OCTl2. He was noted by all staff to have a more than common friendly bond with the cadets, in particular the female cadets. He was requested on at least two occasions to leave the cadets alone and mix with the staff to give the cadet's time to themselves without our (staff) interference. This request was made by myself and the SQN XO (PLTOFF (AAFC) C MURPHY) and was commented on by SGT (AAFC) R DelMedico and CPL(AAFC) B Murphy.

5. It should also be noted that on the Saturday night of the activity that he slept in the shelter shed on the beach with the cadets after being informed to give the cadets personal space and freedom from interference by the staff, earlier that day. He was spoken to by myself the following morning after it had become known where he slept; and was told that he was not to repeat this for the rest of the activity to which he grudgingly complied. I believe from memory that it was brought to my attention by female cadets of the squadron early on the Sunday morning. At this time J do not recollect who the female cadets were who approached me.

REDACTED 6. 1 must point out that up until this time 'S actions bad been noted individually by most of the squadron staff at varying times, but it was only on this particular weekend that it was spoken about between all of the staff present as a group (minus 'i1'M''1'1

1f1•rJ"'"> as being unusual and that there appeared to be a common theme noticed by the staff individually. It being assumed that until then he was in the main just extremely upbeat and friendly on an individual level, no threat or harassment had been reported although the females did appear at times uncomfortable in his presence. There is no existing evidence of any wrong doing by in terms of a case of direct harassment of, or unwarranted attention toward any cadet at that time and to date from that particular weekend.

REDACTED 7. The first recorded incident involving was when he was spoken to about grossly fussing over a female cadet who was purporting to be ill during the home training weekend on 06-07APR20I3. It was felt by the majority of the staff that there was little wrong with the cadet who had a well-known history of avoiding drill or other activities she was not particularly interested in. A drill session was in fact being undertaken at the time of the so-called illness. was quite argumentative when asked by the SQN XO (PLTOFF(AAFC) C Murphy) and then by myself, to leave her alone and on being informed that her mother was coming to pick her up and remove her from the activity.

2

DEF.02.0017.042.0082_R

STAFF - IN - CONFIDENCE

It was felt by most of the staff that if the cadet was that ill that she should be removed from the activity by her mother IA W Standing Orders. The cadet in question was under regular supervision by staff working in the office until such time as her mother arrived to take her borne.

8. At that stage little or no connection was made that this may have had a deeper meaning in his relations with the female cadets of the squadron. It should be noted that !iii REDACTED S concern for the cadet effectively removed him from the training program at that time and reduced the active staff numbers on duty. This young lady is no longer a member of the AAFC, citing a lack of interest. Again I stipulate that there is no inference emanating from this occurrence of any misconduct towards cadets by the ADF Member at this time.

9. I do wish to add however, that there was a confrontation on this weekend regarding the matter and other non-related matters between and then CIV liilt REDACTED that greatly upset her and her statement is included as ENCL. 3.

It is alleged that:

10. During the General Service Training (GST 2/13) activity conducted at RAAFEDN over the period 08-13JUL2013, two of 608 S~ then and then had an incident with ~(see ENCL. 1.). By this stage he had departed 608SQN at my request and had no further official connection to the squadron.

11. This incident was reported to me verbally on resumption of weekly parades after the July school holidays. However, I was expressly asked NOT to report the incident due to the fact that both of the cadet' s feared retribution wouJd be exacted from the named member at future activities the parties involved may attend. The reasoning provided to me at that time was due main! to the recent events in re ard to the alle ations made by both 1fl1''$''j'1

- · AAFC) - · against myself; FLGOFF(AAFC) L Murphy and PLTOFF(AAFC) C Murphy. The cadets aforementioned did not want to be accused of ''sour grapes ". I therefore honoured their request reluctantlt . A written and typed statement detailing the incident bas since been tendered to me by1@1'f(11j'1

md•ft"(2IMAR2104) and the typed statement is presented herein as an enclosure (ENCL. 1 ).

REDACTED 12. I wish to point out that was NOT listed as a staff member on this activity to the best of my knowledge and had no AAFC function as such. It is understood that he entered the female lines unannounced, unwarranted and made disparaging comments to other persons about the LCDT in particular and then left. Both cadets reported as being distressed, in particular who felt it was a direct attack on her at the time of the incident and that it effectively ruined their stay over the course of the activity. It is therefore apparent that this ADF member had no official business or right to be present at an AAFC activity he was not involved with and went out of his way to be disruptive, intimidating and to cause harm to the said cadet

3

DEF.02.0017.042.0083_R

STAFF - IN - CONFIDENCE

13. FSGT(AAFC) S Smith had spoken to me on a number of occasions about bis concerns in the way was overly friendly to the female cadets and the manner in which he conducted himself whilst at 608SQN. In f~ Smith was so concerned about the issue that when he became aware that - was on the Detachment Staff of the 6 WG January 2014 Promotion Courses; he approached then PL TOFF(AAFC) M Nicholas (CSE Cl) and warned this officer about his concerns and of the need to keep an eye on him.

14. SGT D Blanch RAAF (then ADF Supp. 608SQN), had also made comment in regard to the above and about the named members closeness to the female cadets and felt that it warranted keeping an eye o~

15. Mr Brock Le Cerf was quite agitated in early March 2014 and reported to myself and the XO (PLTOFF(AAFC) C Murphy) that whilst at a birthday party he was approached by a female ex-cadet from 613SQN (no~d asked for advice about an incident that occurred between herself and~ the cadet described the attitude of REDACTED to be 'overly friendly' and 'a bit creepy'. Given the media's current penchant for discrediting ADF Cadets it was expressly requested that no report of this incident be submitted and to this date I am unaware of the ex-cadets name.

16. REDACTED

REDACTED 17. It was felt at the time (March 2014) that was on the verge of coming forward to make a statement and that I should await that time before submitting a report. It was pointed out by myself to MR B Le Cerf that I was obligated to report any incident between a cadet and a staff member and that the time was short in making that reportJ;Jff•fttllff•I

W?•H11ft did indeed request an interview on 28MAR14 to discuss the possibility of making a formal complaint the following Friday night I advised her also of my obligations and that she must make a statement as soon as possible. ~as quite adamant that she did not want her parents involved and that she would inform them in her own way under her terms. At that time l agreed, not knowing what the alleged offence was.

18. On 04APR14, it is alleged by that on the morning of 15DEC12 (between 09:30-lO:OOh) · was cl- ·n u in Lecture Rm 2 at 608 SQN following the Final Parade on the previous night. - ' · ' entered the room and proceeded to assist in cleaning up and engaged her in conversation about the cadets in general and the events of 2012. At some point during the process the two came into very close proximity to each other and leaned into and kissed lter full 011 tire lips. has reported that nothing was said and after an initial shock to what had happened she carried on with her duties and nothing further was said between the two of them. - states that she did not initially report the incident feeling that it was an accident at first. It was only after considering the incident at a later date and taking into account what was allegedly occurring with other cadets and ma•M'11d•

4

DEF.02.0017.042.0084_R

- that intentional.

REDACTED

STAFF - IN - CONFIDENCE

considered his actions were totally inappropriate and

19. It appears that after thinking about the incident in hindsight and hearing of other alleged incidents between the liliil and cadets at other units and, s ·ng to MR B Le Cerf along with the behavioural training in January 2014 that has determined that she should now speak out and have the matter dealt with officially. went on to state that bad at various times over the course of 2012, attempted to contact her and undertake a conversation via Facebook, Telephone call and by Textin~JfM each occasion ma•W11a• bas stated that she refused the invitations and bad deleted - I • I

REDACTED from her Facebook account, noting that his attempts to engage her were contrary to the AAFC' s policy in regard to cadet/staff contact outside of official duties and lawful interaction via the various media outlets.

REDACTED 20. has stated that at no time bas the incident ever been mentioned between the two parties since and that their relationship had been purely a professional one up until departed 608 Squadron in May 2013. On the First Aid Course held in November 2013 stated that (both on course) had attempted to engage her in conversation during the course and she replied in a courteous and professional manner and kept the conversation to a minimum w~r distance, citing that it~omfortable to be around him. ~ again had contact with~ during the 2014 January 6 Wing Promotion Courses. She states that once again he attempted to engage her in conversa~int inquiring as to whether she was currently in a relationship. Once again - cites that it was generally uncomfortable and felt that he was attempting to befriend her inappropriately.

21. It i~re have been concerns from female cadets at 601 Squadron in regard to ~S conduct, since moving there from 608 Squadron. These concerns were passed onto to during the 6 Wing Promotion Courses m January 20 I 4 and she bas recorded these conversations (separate statement pending).

REDACTED 22. It is further alleged that whilst at 608 Squadron, had disclosed to ma•M''fl' l at varying times; of his upcoming deployment tin1es and locations contrary to RAAF security policy regarding member/unit deployments.

REDACTED 23. s primary concern at this juncture is what wilJ happen to her as a result of the incident directly involving ber. She has stated a concern that she will be held accountable for the ADF members actions though does not consider herself a victim, nor does she feel that she was a willin artici ant. also harbours a perceived fear that the limil's Spouse, · will attempt to exact some form or measure of retribution against her fo r speaking out. This is tbe primary reasoning behind not reporting the event and keeping it to herself for over twelve months. 1 believe that I and the XO of the squadron have been able to allay her fears and press upon her that we and the organisation will do all that is in our collective power to protect her at all costs and that in no way is she at fault. We have also assured - that the matter will be dealt with in a professional and discreet manner to ensure her safety and integrity.

5

DEF.02.0017.042.0085_R

STAFF - IN - CONFIDENCE

REDACTED 24. At no time has been approached or questioned o~ previous incidences by any uniformed adult members of 608SQN. Nor has-­disclosed any information regarding this matter to any other staff member that I am aware of at this time other than the private conversation she had with MR B Le Cerf in confidence. I wish to make that absolutely clear.

REDACTED 25. It has been noted that since ' S departure from 608SQN in May 2013, that several of the squadron's female cadets present during bis tenure at the squadron; have stated at various times that they felt he was - and I quote from the terms l have received in general conversation; "creepy, overly friendly and extremely awkward to be around". That is; that the female cadets were decidedly uncomfortable in his presence on most occasions and were greatly relieved when I advised the SGT that bis services were no longer required at 608SQN and that his trial appointment with 608SQN would be tenninated.

Summary:

26. I submit that it has onJy been over the course of the past month that the majority of the complaints have been tendered to me in an effort by those concerned to come forward to seek natural justice in accordance with the behavioural policies issued by the AAFC. It would appear that the behaviour training delivered on 31JAN14 IA W Standing Instructions, has been the catalyst that has prompted individuals of their obligation to report any and all instances of unfavourable/inappropriate behaviour.

27. At NO time has any member of the squadron been approached by the Executive Staff of the squadron in relation to the matters reported herein. ALL the information has been voluntarily submitted by the individuals so mentioned over the past month.

28. I have in the course of assembling this report and noting the concern of the people who have approached me that there are reasonable grounds of suspicion to warrant an investigation of the aforementioned alleged incidences involving this ADF member as per the Children 's Protection Act 1993; Part 4, Division 1, Section 11 (l)(a)(b); and I therefore tender these initial findings via my chain of command for further action.

Regards,

LEEMURP FLGOFF(AAFC) Commanding Officer 608(Town of Gawler)Squadron Australian Air Force Cadets Willastoo. SA. SI 18

6

DEF.02.0017.042.0086_R

STAFF - IN - CONFIDENCE

ENCLOSURES/. · -~

l/. Statement fro~ 2/. Incident Report from CIV MR B Le Cerf 3/. Statement from REDACTED

DISTRIBUTION/. FAMILIES SA Copy l AFLO 6WG Copy I OC6WGCopy I CO 608SQN Original I 608SQN SF Hall P File (SEALED) Copy I

7

DEF.02.0017.042.0087_R

GST2/ 13 DATE: 08 JUL 2013 - 13 JUL 2013

On 09 JUL 2013 REDACTED confronted REDACTED on a General

Service Training activity at 6WG, RAAF Base Edinburgh. The comment made was taken to be

offensive. Below is a recount of events from the complainant:

REDACTED walked inside Hallway 240 from the outside of the RAAF Base Edinburgh Barracks

(Hallway 240), during the hygiene and standards briefings conducted by the Cadet Corpora l

(SECCO's) upon arrival. walked up to and said

"Oh, you hav on your hands, watch out, she is t rouble".-

Wf•7@hhen pointed at and walked away from the complainant. REDACTED

Nothing more was said by either party.

states that

liitli feels that the comment was offensive.

REDACTED REDACTED

REDACTED

was quite upset. The'@11tp'1111

*Attached are the original notes taken immediately after the incident.

REDACTED

DEF.02.0017.042.0088_R

STAFF-IN-CONFIDENCE

AUSTRALIAN AlR FORCE CADETS 608 Squadron

INCIDENT REPORT

COMMANDING OFFICER 608 SQUADRON

REPORT OF INAPPROPRIATE STAFF CONDUCT

References: A. Cadet Code of Ethical Behaviour B. Staff Code of Ethical Behaviour C. AAFC Interim Policy Manual D. CriminaJ Law Consolidation Act 1935 E. Attached Notes

REDACTED l. During the year 2012 it is understood that applied for appointment at 608 SQN as a staff member. He was granted a trial appointment at 608 SQN by the authority vested in the CO. During this trial period a series of incidents occurred which created friction between personnel within both the cadet and staff cadres. These frictions developed into regular but minor mfringements upon the Cadet and Staff Codes of Ethical Conduct. After these incidents m9•M'H• was subsequently dismissed from 608 SQN on request of the CO 608 SQN.

2. One of these incidents which occurred in the year 2012 involved the then .-iillllliiil ~The incident involved alle ed communication of an intimate and personal nature between m;•M111•1 and - • · • outside of the 608 SQN parade times. The nature of the incident implied that · • · • was bemg groomed by m9•htilfl- for an escalation of the relationship from communication only into one which involved a sexual component m;•7@1

liiliililwas unwilling to come fonvard with details in the form of a formal complaint feanng reprisal of a personal and professional nature.

REDACTED 3. During mid November, 2013 the then wanted to discuss the incident with •;!fl-f;IH- of which until that point I was unaware of. Tt was brought lo m} attention that the alleged incident that occurred bet\veen~ and 'M•M'm• had m fact been escaJated to involve an inappropriately intimate contact (kissing) with implications that unlawful sexual contact may have occurred. After discussion with her it was clear that she did not want to come forward with details pertairung to the mc1dent and confided in me for the reasons of personal comfort. A copy of the notes written immediately after the conversation is attached to this report

4. After a review of the relevant policies and la\\'S regarding to mandatory reporting. workplace sexual relationships and after seeking legal advice on my obligations to the aforementioned, the following assertions have been made. The incident composed of alleged violations of

a. Articles a, b, c, d, e, f, j & I of the Staff Code of Ethical Conduct; b. Possibly the Criminal Law Consolidation Act 1935; c. AAFC policy on cadet-staff relationships and; d. The duty of care that an adult has to a minor

STAFF-IN-CONFIDENCE

DEF.02.0017.042.0089_R

STAFF-IN-CONFIDENCE

5. Based on assertions made in paragraph 4, r have concluded that this matter be referred to the Commanding Officer 608 SQN with immediate effect. I also make the recommendation that the Officer Commanding 6 WG be notified as soon as possible. Furthennore. the Officer Commanding of 6 WO should be advised to suspend the active duties of ~th the AAFC that involve minors until such time as an investigation is la~ese allegations and concluded.

-B.A. Le Cerf Civilian instructor Assist.ant Training Officer 608 Squadron, Gawler

Tel: Mo

Date of Written Submission: 2&-MAR· 14

STAFF-IN-CONFIDENCE

DEF.02.0017.042.0090_R

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DEF.02.0017.042.0092_R

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DEF.02.0017.042.0093_R