Page:R v McBride (No 4).pdf/10

 loss of life. Compromise of the confidentiality of TOP SECRET material could be expected to cause "exceptionally grave damage" to the national interest, organisations or individuals. The purpose of the policy is to require that agencies take all reasonable and appropriate precautions to ensure that only people with a proven need-to-know and correct security clearance gain access to sensitive and security classified information.

31․ In addition to the security classifications, there are other classifications referred to as "caveats" which further restrict the access to Commonwealth information. The caveat AUSTEO, meaning Australian Eyes Only, indicates that information should only be viewed by Australian citizens with an appropriate security clearance. The caveat LIMDIST, meaning Limited Distribution, limits access to an identified list of persons or classes of persons. There are other caveats known as codewords which provide that an individual needs further security briefings before they can access the information.

32․ Mr McBride held a level of security clearance known as "Positive Vetting", which allowed him to access information at all classification levels, including TOP SECRET, as well as certain types of caveated information.

33․ Mr McBride had completed security awareness training on five occasions during his career with the ADF, in 2008, 2009, 2010, 2011 and 2014, which reinforced the rules relating to the handling of classified material.

McBride's concerns

34․ Rules of engagement (ROE) are directives issued to the ADF in consultation with the Australian government, which regulate the use of force and activities connected to the use of force. On 21 December 2012, members of the Special Forces Command were involved in drafting a ROE amplification (ROEAMP). This was a clarification of the meaning of the existing ROE.

35․ In late 2012 and early 2013, prior to his deployment on his second tour of Afghanistan, Mr McBride prepared a working paper on the ROE. As a result of Mr McBride's work, his supervisor sought the legal advices that had been prepared during the course of formulating the ROEAMP. Mr McBride's concern was that the ADF was overcomplicating things and thereby misdirecting its efforts. He was provided with the legal advices and prepared a minute outlining his concerns. The minute was addressed to the Chief of Joint Operations (CJOPS). This was the appropriate way to raise such concerns.

36․ In around April 2013, Mr McBride expressed concern to his supervisor about whether the military police had jurisdiction to commence investigations into matters in theatre in the absence of a reasonable suspicion that a crime had been committed. His supervisor did not regard it as necessary or appropriate to pursue the matter further because she