The ADF’s crackdown on the pineapple express (tpe) is contrary to public policy and may be unlawful

TPE is an “Australian Veteran Satirical Meme page”, which uses dark humour to highlight how wrong the ADF’s priorities are, namely censorship before suicide prevention. The community page provides mental health support and advocacy to currently enlisted and veteran ADF personnel.

The ADF’s reported campaign of alleged intimidation against TPE, its administrators and followers, if proven, is an incursion against the constitutionally protected implied freedom of communication about government or political matters (“the implied freedom”). The implied freedom is both a hallmark of responsible and representative government and ‘an indispensable incident’[1] of that constitutional system. 

An association with TPE is said to constitute a breach of the Defence Force’s Media and Communication Policy[2] and has seen personnel routinely threatened with disciplinary action.  At least one officer has been charged with “prejudicial conduct”[3] and terminated on the basis that their “retention would not be in the interests of the defence force”[4]. That ADF policy is arguably unconstitutional.  

The implied freedom may only be deliberately infringed in “extreme circumstances, where the conduct and behaviour of an officer is well beyond the bounds of what the ADF can be expected to tolerate in one of its officers”, and must be…  “sufficiently serious”[5]. The exercise of a discretion conferred by statute or regulation on an administrative body, is constrained by the imposition of this constitutional limitation.[6]

In the case of TPE, the ADF’s exercise of executive power fails to take into account a matter of great importance, namely the “unacceptably high”[1] rate of suicide amongst defence personnel and veterans.

• There have already been 12 veteran suicides in 2021
• The veteran suicide rate is 32.5% higher in 2021 that it was in 2020
• Between 2001 – 2017, there were 419 suicides amongst current and former ADF personnel
• Suicide of ex-servicemen is 18% higher than the national average
• The Morrison Government recently established a National Commissioner for Defence and Veteran Suicide Prevention, who is yet to be appointed

The public interest in TPE’s mental health and advocacy services, its community focus and attempts to boost morale, should outweigh any perceived damage to the ADF’s peacetime standing.  The ADF’s failure to contemplate broader policy considerations, arguably renders their conduct, in respect of TPE, manifestly unreasonable.

Public relations firm Class PR has been working with disaffected servicemen and women who require “TSPV” – “top secret positive vetting” to take up sensitive positions within the Australian Armed Forces.  Delays in AGSVA processing recruits’ security checks, well beyond the 6 months they were told to expect has fostered widespread frustration amongst personnel and caused substantial impacts on trainees’ earning capacity, career progression and their mental health.  These delays have been the subject of two posts on TPE – 26 November and 15 December 2020. Any ADF personnel who have been subject to disciplinary action in relation to TPE OR who have been subjected to protracted delays are encouraged to contact Class PR today.

ENDS

For media enquiries, please contact: Beccy Cambridge

(02) 8267 9499 | bcambridge@classpr.com.au

OR

Dana Levitt

(02) 8267 9499 | dlevitt@classpr.com.au