Office of the Special Investigator

Last updated

Office of the Special Investigator
Agency overview
Formed4 January 2021
JurisdictionCommonwealth of Australia
HeadquartersCanberra, Australian Capital Territory
Employees120 (ASL, 2025-26) [1]
Minister responsible
  • Attorney-General of Australia
Agency executive
Parent departmentAttorney-General's portfolio
Website www.osi.gov.au

The Office of the Special Investigator (OSI) is an Australian Commonwealth executive agency that investigates alleged criminal offences under Australian law arising from or related to breaches of the laws of armed conflict by Australian Defence Force personnel in Afghanistan between 2005 and 2016. OSI works with the Australian Federal Police and refers briefs of evidence to the Commonwealth Director of Public Prosecutions. [2] [3]

Contents

History

On 12 November 2020 the Prime Minister announced the decision to establish OSI following the release of the Brereton Report into alleged war crimes by Australian special forces in Afghanistan. The agency was created as an executive agency under section 65 of the Public Service Act 1999 by an order of the Governor-General dated 10 December 2020, which commenced on 4 January 2021. [4] [5] [6]

Role and functions

Under the establishment order and portfolio arrangements, OSI:

Governance

OSI is an independent executive agency in the Attorney-General's portfolio and is listed under Schedule 1 to the Public Governance, Performance and Accountability Rule 2014. Chris Moraitis PSM serves as Director-General. [7] The Special Investigator is the Hon Mark Weinberg AC FAAL KC , supported by a Director of Investigations. [3] [8] [9]

Resources and staffing

According to the 2025-26 Portfolio Budget Statements, OSI's total resourcing for 2025-26 is $57.5 million, with an Average Staffing Level of 120 in 2025-26, down from 162 in 2024-25. [1] OSI publishes annual reports and budget information through the Transparency Portal. [10] [11]

Investigations and proceedings

On 20 March 2023 a joint OSI and AFP investigation resulted in the first charge of a war crime under Australian law against a former Special Air Service Regiment soldier, Oliver Schulz. He was charged with one count of war crime - murder under subsection 268.70(1) of the Criminal Code Act 1995. Subsequent court proceedings and media reporting have confirmed he is expected to face trial, with dates subject to national security processes. [12] [13] [14] [15]

See also

References

  1. 1 2 "Portfolio Budget Statements 2025-26 - Office of the Special Investigator" (PDF). Attorney-General's Department. March 2025. pp. 378–383. Retrieved 16 October 2025.
  2. 1 2 "Our purpose". Office of the Special Investigator. Retrieved 16 October 2025.
  3. 1 2 "About us". Office of the Special Investigator. Retrieved 16 October 2025.
  4. ↑ "Order to establish the Office of the Special Investigator as an Executive Agency". Office of the Special Investigator. 10 December 2020. Retrieved 16 October 2025.
  5. ↑ "Order to Establish the Office of the Special Investigator as an Executive Agency". Federal Register of Legislation. 18 December 2020. Retrieved 16 October 2025.
  6. ↑ "Prime Minister outlines the Office of the Special Investigator". ABC News. 4 January 2021. Retrieved 16 October 2025.
  7. ↑ "Australian Government Directory". Archived from the original on 27 February 2023.
  8. ↑ "Our people". Office of the Special Investigator. Retrieved 16 October 2025.
  9. ↑ "Office of the Special Investigator". Australian Government Directory. Retrieved 16 October 2025.
  10. ↑ "Office of the Special Investigator - Transparency Portal entry". transparency.gov.au. Retrieved 16 October 2025.
  11. ↑ "Annual reports". Office of the Special Investigator. Retrieved 16 October 2025.
  12. ↑ "Former Australian soldier charged with war crime". Australian Federal Police. 20 March 2023. Retrieved 16 October 2025.
  13. ↑ "Former SAS soldier arrested over Afghanistan killing". ABC News. 20 March 2023. Retrieved 16 October 2025.
  14. ↑ "Former SAS soldier Oliver Schulz committed to stand trial for war crime". ABC News. 20 August 2025. Retrieved 16 October 2025.
  15. ↑ "Australian accused of Afghanistan war crime pleads not guilty but trial held until at least 2027". Associated Press. 8 October 2025. Retrieved 16 October 2025.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.