DE F. 02. 0004. 004. 0291

SENSITIVE: PERSONAL

AB1229326 TERMINATION NOTICE

Defence (Personnel) Regulations 2002

To: Leading Aircraftsman CR Adams, 8564865, Firefighter

Take notice that I, Wing Commander MH Larter 8500425, Commanding Officer No 17 Squadron, a Delegate of the Chief of Air Force, propose that your service in the Australian Defence Force be terminated pursuant to Regulation 87(J)(g)(i} of the Def ence (Personnel) Regulations 2002.

Reason

1. The reason for the proposed tennination is that your retention is not in the interests of the Australian Defence Force.

2. It has been brought to my attention that your conduct has been unacceptable, the details of which are provided below. Accordingly, you are invited to show cause:

a. why the imposing authority should not be satisfied that the facts and circumstances, as alleged, occurred and

b. why the imposing authority should not tenninate your service in the Australian Defence Force.

Facts and circumstances relating to the proposal for termination

3. I am infonned that:

a. On 24 September 2015 you entered guilty pleas at the Newcastle District Court to the following charges:

(1) two counts of ' Sexual intercourse with a person above the age of 16 years and under the age of 17 years ', pursuant to section 73(1) of the Crimes Act 1900 (NSW): Sexual intercourse with a child between 16 and 17 under your special care; and

(2) three counts of ' Sexual intercourse with a person above the age of 17 years and under the age of 18 years ' , pursuant to section 73(2) of the Crimes Act 1900 (NSW): Sexual intercourse with a child between 17 and 18 under your special care.

b. The five charges you pleaded guilty to cover incidents of sexual intercourse with three separate individuals between 2012- 2013 . These allegations are evidenced in Enclosures 1 and 2.

4. Section 73 of the Crimes Act 1900 outlines the circumstances where a ' victim' is considered to be under the special care of an 'offender '.

SENSITIVE: PERSONAL

DE F. 02.0004.004.0292

SENSITIVE: PERSONAL

2

5. You worked in the capacity of Squadron Executive Instructor with Australian Air Force Cadets (AAFC) at No 308 (City of Maitland) Squadron during the period 01 Jul 12 to 03 Aug 13 (Enclosures 3 and 4). The incidents you have been charged with and pleaded guilty to occurred during your time working as an Instructor with AAFC.

6. You were aware of appropriate standards of behaviour required as an Instructor working with cadets. This is evidenced by:

a. your signature to an ADFC behaviour policy on 03 Jan 11 which is a ' statement of commitment and compliance by all adult staff and volunteers' (Enclosure 5)

b. your signature on the AAFC behaviour policy is acknowledgement of the Cadet Staff code of Ethical Behaviour and the Behaviour Policy and your commitment to uphold them. The policy and code of conduct are comprehensively defined in AAP 5110.001 AAFC Interim POLMAN, specifically, Part 2, Chapter 7- AAFC Behaviour Policy. This policy includes clear direction regarding inappropriate relationships and physical contact with cadets (Enclosure 6)

c. your ADFC certificate of completion for a Defence Safeguarding Children Awareness Package dated 02 Nov 12 (Enclosure 7)

d. your AAFC qualifications and completed training subjects from CadetOne, inclusive of a Societal and Legal package (Enclosure 8), and

e. an email from FLTLT (AAFC) Palmer dated 10 J ul 2013 confirming that the Societal and Legal course extensively covers the issue of inappropriate relationships between AAFC members and cadets of any age. The email also confirms that the critical area of trust and power balance are topics stressed on the course, reminding Instructors that their position is similar to a teacher/student relationship (Enclosure 9).

Mandatory considerations

7. When determining a matter or making a decision under the Def ence (Personnel) Regulations 2002, Regulation 7 states a delegate must have regard to the following matters:

a. the ability of Air Force to carry out operations that it is carrying out or may be required to carry out

b. the size and composition of Air Force

c. the organisational effectiveness of Air Force

d. the training of Air Force

e. the need to ensure the availability of an adequate supply of suitable officers and enlisted members in Air Force

f. the skills, experience and standards of behaviour and conduct required for the proper performance of duties in Air Force

SENSITIVE: PERSONAL

DE F. 02. 0004. 004. 0293

SENSITIVE: PERSONAL

3

g. the management of officers and enlisted members in Air Force

h. the career advancement needs of officers and enlisted members in Air Force, and

1. whether you are of good character having regard to your past and present conduct.

8. In my professional opinion as Commanding Officer No 17 Squadron, I consider that:

a. The termination of your service will not have a negative effect on the organisational effectiveness, or size and composition of the Air Force, or on the adequate supply, training, management or career advancement prospects of other Air Force personnel, notwithstanding that you are a qualified and experienced firefighter. The Firefighter mustering is currently carrying vacancies, however DP-AF have already identified a replacement to be posted to Tindal to maintain 100% manning at Tindal (Enclosure 10).

b. The facts and circumstances in paragraph 3 demonstrate that your conduct has been significantly below the standards required for the proper perfonnance of duties in the Air Force. Your conduct displayed a grave lack of respect for others and a serious violation of professionalism in your capacity as an Air Force member and an AAFC Instructor. Your conduct contravenes the Air Force values of: Respect, Excellence, Agility, Dedication, Integrity and Teamwork. The ADF and all its members are held to a high standard by the Australian Government and people; the ADF cultural intent is: ' trusted to defend, proven to deliver and respectful always'. The conduct you have pleaded guilty to falls short of accepted community standards of conduct, and well short of ADF expectations and cultural intent. 'Trusted to defend ' means that the ADF must maintain the trust and ongoing respect of the nation to effectively execute its duties. You have failed the ADF in this respect and jeopardised ADF reputation. Furthermore, all ADF members must be 'respectful always'. Your conduct demonstrated a lack of respect to your victims, the ADF, your position of special care and yourself. These shortcomings are of such significance as to indicate to me that you are not of good character.

Statement of reasons and time limitation

9. Under Regulation 87(2)(d) of Defence (Personnel) Regulations 2002 you are invited to submit a written statement of reasons why your service in the Australian Defence Force should not be terminated. You have 28 days from receipt of this Notice to provide a written statement. In your response, you may address the facts , the conclusions to be drawn from them, and what action, if any, should be taken. Any relevant evidence or other information you wish the imposing authority to consider is to be attached to your statement.

10. You may consult a legal officer if one is available, or you may have another person assist you in preparing a statement. If you wish to have an extension of time for submitting your response, you are to apply in writing to me stating the reason you are requesting an extension.

Actions on statement of reasons

SENSITIVE: PERSONAL

DEF.02.0004.004.0294

SENSITIVE: PERSONAL

4

11 . If you do not provide a statement of reasons within the specified period, and the imposing authority at AFHQ is of the opinion that the reason for terminating your service has not been affected by a change in circumstances since this Notice was given to you, your service in the Australian Defence Force must be terminated pursuant to Regulation 87(3) of Defence (personnel) Regulations 2002.

12. If you provide a statement of reasons within the specified period, the imposing authority will consider that statement and any other relevant material you choose to submit with it. If the imposing authority is then of the opinion that the reason for terminating your service has been established and has not been affected by a change in circumstances since this Notice was given to you, your service in the Australian Defence Force must be terminated pursuant to Regulation 87(4) of Defence (Personnel) Regulations 2002.

13. If you provide a statement of reasons, and having considered the statement the imposing authority is then of the opinion that the reason for terminating your service has not been established or has been affected by a change in circumstances since this Notice was given to you, the imposing authority may decide no action is to be taken against you, or direct that a less severe administrative sanction is imposed. Other forms of administrative sanction are detailed in the Defence (Personnel) Regulations 2002, DI(G)PERS 35-6- Formal Warnings and Censures in the Australian Defence Force and DI(AF)PERS 4-19-Administrative sanctions in the Royal Australian Air Force. As a result, you should consider addressing alternative administrative sanctions in any response you submit.

Materials to be considered

14. In making a decision whether to terminate your service in the Australian Defence Force the delegate will consider the following material:

a. this Tennination Notice including all Enclosures

b. any reply and relevant material you submit in response to this Notice

c. Regulations 7 and 87 of the Defence (Personnel) Regulations 2002

d. DI(G)PERS 35-6 - Formal Warnings and Censures in the Australian Defence Force

e. DI(AF)PERS 4-19 - Administrative sanctions in the Royal Australian Air Force

f. your ADO Service Record (Enclosure 11).

15. Defence is required to comply with the Australian Privacy Principles in the Privacy Act 1988 (privacy Act) and Defence's Privacy Policy is available on the Internet at http://www.defence.gov.auJCompiaintResolution/privacy.asp. The Privacy Act imposes limitations on the manner in which your personal information can be used internally by Defence or disclosed externally to other entitles or individuals. The purpose of this paragraph is to notify you that Defence collects, uses and discloses personal information about individual Defence members, individuals seeking to join Defence and former members as outlined in Part 1, Chapter 4 of the Military Personnel Manual which is available on the

SENSITIVE: PERSONAL

DE F. 02. 0004. 004. 0295

SENSITIVE: PERSONAL

5

Internet at http://intranet.defence.gov.aulPeopie/sites/CARMJComWeb.asp?Page=52648, as well as for reputational/media communication purposes. Accordingly, the issue of this termination notice and, should your service in the Defence Force be terminated, that fact and the reasons for it, may be disclosed to Defence personnel and to members of the public; including journalists and to individuals who have an interest in, or who were affected by, circumstances associated with the issuing of this termination notice.

MH Larter Wing Commander Commanding Officer No 17 Squadron

9 Oct 15

Annex: A. Termination Notice Acknowledgment Proforma- LAC CR Adams 8564865

Enclosures: I. Email- Request for Court File 2014/118458 Christopher Adams- Senior Registrar

Newcastle Court House/FLTLT Michael Holohan (Defence Legal) dated 07 Oct 15 2. New South Wales District Court Indictment 201 40 5472_6.2-Christopher Robert

Adams 3. Email-Christopher Adams- FLGOFF Jo-Anne McMutrie/FLTLT Simone Hinshaw

dated 09 Oct 15 4. AAFC Routine lnstruction- HQAAFC RI 06/12 signed by WGCDR P. Gregory dated

01 Jul 12 5. ADFC Behaviour Policy- Statement of Commitment and Compliance by all Adult

Staff and Volunteers signed by Chris Adams dated 03 Jan 11 6. AAP 5110.001 AAFC Interim POLMAN- Part 2, Chapter 7 AAFC Behaviour Policy

dated May 2008, current in 2011 7. ADFC Certificate-Defence Safeguarding Children Awareness-Chris Adams dated

02 Nov 2012 8. Email- Training Information for Christopher Adams-FLGOFF Jo-Anne

McMutrielFLTL T Simone Hinshaw dated 09 Oct 15 9. Email- Societal and Legal Instruction 01 Jan 12- FLTLT(AAFC) Colin Palmer/OC

3WG (AAFC) Wayne Laycock dated 10 Jul 13 10. Email- LAC Adams-FSGT Jodi Peck (FIREFTR Personnel Manager)/FLTLT

Simone Hinshaw (Exception Reporting DP-AF) dated 07 Oct 15 11 . ADO Service record- LAC CR Adams 8564865 dated 09 Oct 15

SENSITIVE: PERSONAL

SENSITIVE: PERSONAL

ACKNOWLEDGMENT PROFORMA

DEF. 02. 0004. 004. 0296

ANNEXATO AD1229326

9 OCT 15

I, Leading Aircraftsman CR Adams, 8564865, acknowledge that I have received and read this Termination Notice and that I have 28 days in which to submit a response. I have received a copy of this Notice for my records, and a copy of the information upon which consideration to terminate my service will be based.

CRAdams Leading Aircraftsman No 17 Squadron

9 Oct 15

SENSITIVE: PERSONAL