Military sexual violence survivors previously bound by non-disclosure agreements (NDAs) will now be allowed to tell their stories at a landmark inquiry.
Following a recommendation from the Royal Commission into Defence and Veteran Suicide, an inquiry into sexual violence in the Defence Force will begin later this year.
Advocates and survivors had called on the Government to ensure NDAs would not prevent people from sharing their experiences.
Here is what you need to know.
Background
In September 2024, the Royal Commission into Defence and Veteran Suicide handed down its final report to the Government, containing 122 recommendations for reform across Defence and veterans' services.
The Commission delivered serious findings about Defence culture, leadership and the handling of abuse complaints. It found many personnel experienced significant trauma during their service, including bullying, harassment and sexual violence.
The Royal Commission also found that military personnel are more likely to be traumatised by their experiences within the ADF than from combat, and that sexual violence is linked to suicide, particularly among women.
Former serving women are 107% more likely to die by suicide than women in the general population.
NDAs
Many survivors of military sexual violence have agreed to out-of-court settlements with Defence over the years, including compensation and signing an NDA.
These agreements typically prevented them from publicly discussing their experiences, sharing documents, identifying those involved, or revealing settlement details.
Advocates argued the NDAs effectively silenced survivors and could have prevented them from giving evidence to the new inquiry.
Push for exemption
Last month, the Human Rights Law Centre (HRLC) wrote to Veterans' Affairs Minister Matt Keogh and Defence and Veterans' Services Commissioner Gwen Cherne, urging them to ensure survivors bound by NDAs could participate in the inquiry.
The letter argued that victim-survivors shouldn’t be prevented from sharing evidence about military sexual violence and called for explicit protections to allow them to speak freely.
Following the request, Keogh confirmed people bound by Defence-related NDAs would be able to provide evidence to the inquiry.
However, confidentiality rules will still apply to some information, including settlement amounts, and the Government said it cannot override obligations involving other parties.
“The era of cover-up and silencing women must end,” Regina Featherstone, a senior lawyer at the HRLC, said.
“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.”
Survivors
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Former soldier and whistleblower Julia Delaforce is among the survivors who have campaigned for people bound by NDAs to be allowed to speak to the inquiry.
Delaforce went public last year about being sexually harassed at knifepoint by a drunken, machete-wielding corporal while serving at an Australian military base.
She later made complaints through Defence and the Australian Human Rights Commission before settling the matter out of court.
As part of that settlement, she signed an NDA that restricted what she could publicly say about her experience.
“Veterans who served this country should not have to ask permission to speak about their lived experiences of military sexual violence,” she said.
“The public has a right to know how silence has been bought, enforced and normalised in Defence through the misuse of non-disclosure agreements.”
Inquiry
The inquiry will investigate the prevalence, prevention and reporting of military sexual violence, as well as how Defence responds when allegations are raised.
It will also examine the military justice system, including allegations it has been misused, and the barriers civilian police can face when investigating sexual violence matters involving Defence personnel.
The inquiry is expected to look at whether current systems adequately support survivors and hold perpetrators accountable.
The Department of Veterans' Affairs says the inquiry has been allocated $16.6 million in the 2026–27 Federal Budget.
It is expected to begin in late 2026 and conclude by the end of 2027.
A final report will then be provided to the Government and published publicly.
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