NDAs to be waived for landmark military sexual violence inquiry
Gag orders imposed on former and current Defence personnel who experienced sexual violence will not be enforced, allowing them to participate in a landmark military sexual violence inquiry.
There were fears some of the worst-affected veterans would be barred from giving evidence to the inquiry. (ABC News)
Sexual violence survivors who served in the military and are bound by non-disclosure agreements will be able to give evidence at a landmark inquiry.
There had been calls for the government to ensure people bound by NDAs were able to share their stories.
The NDAs will only be waived for the purposes of the inquiry.
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.
The waiving of the NDAs will only apply in the context of the inquiry. (ABC News: Patrick Thomas)
"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
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