Page:R v McBride (No 4).pdf/8

 events giving rise to the charges largely reflects the facts upon which the parties have expressly agreed.

Mr McBride

15․ Mr McBride is a lawyer. On 15 December 2005, he joined the Australian Defence Force (ADF) as a Reserve Legal Officer with the rank of Captain. At that time, he signed two acknowledgements relating to his duty to keep information confidential.

16․ One was an "Acknowledgement of the Requirements of Service in the Australian Defence Force (ADF)" dated 15 December 2005, in which he acknowledged that:


 * (a) he had been informed of the provisions of the laws of the Commonwealth relating to official secrecy, including s 73A of the Defence Act 1903 (Cth) and s 70 of the Crimes Act 1914 (Cth); and


 * (b) as a member of the ADF he must comply with directions and orders given to him by persons in the ADF who have the legal authority to issue such directions and orders.

17․ The other was an "Official Secrecy Acknowledgment" dated 15 December 2005, in which he:


 * (a) acknowledged that laws of the Commonwealth relating to official secrecy may apply to him, including s 70 of the Crimes Act and s 73A of the Defence Act;


 * (b) stated that he understood that all official information acquired by him in the course of his duties was to be regarded as the property of the Commonwealth and any such information which it was his duty not to disclose was not to be published or communicated to another person in any form either during or after his service in, or in association with, the Commonwealth; and


 * (c) stated that he understood that any breach of laws in relation to the safeguarding of official information was an offence, and may render him liable to prosecution.

18․ On 1 January 2009, Mr McBride was promoted to the rank of Major and transferred from the Army Reserve to the Regular Army.

19․ In 2010, he was posted to an Army base in Townsville, Queensland. Prior to this, he had been stationed at various locations in New South Wales.

20․ In April 2011, Mr McBride was deployed to his first tour in Afghanistan with the Combined Team Uruzgan (CTU). CTU was a Brigade level organisation numbering around 5000 troops with a US Commander. He was the senior Legal Advisor for that