The federal government is urgently seeking to suppress court documents examining a torture-resistance training program that a former soldier claims breached his human rights.
Medically retired soldier Damien De Pyle is suing the Commonwealth after claiming last year that he was forced to participate in humiliating sexual acts as part of the program.
On Tuesday, Federal Court judge Sarah Derrington suppressed court documents, which prevented the ABC from obtaining access to Mr De Pyle's claim.
The registrar noted these were "restricted documents … not approved for release to non-parties" even though the government had not formally applied for a suppression order and no hearing had been scheduled.
Justice Derrington's decision came after the Commonwealth's lawyers told the court they intended to lodge an application to block public access to the material.
The Department of Defence declined to comment.
Mr De Pyle last year blew the whistle on the Conflict After Capture course in an interview with The Guardian, in which he claimed the course left him with post-traumatic stress disorder.
Defence has long defended the program, which is designed to prepare soldiers for imprisonment and torture during a conflict.
But Mr De Pyle said the training he undertook at Queensland's Kokoda defence force base in 2019 was unnecessarily cruel.
He claimed that during a mock interrogation he was ordered to commit a sexual act on child's doll using a sex toy and told that one of his fellow soldiers would be executed if he refused to comply.
Mr De Pyle, who is Catholic, also claims he was instructed to renounce his Christian faith and simulate masturbation on a Bible.
He said soldiers in the program were deprived of food, water, and sleep.
In 2016, former SAS member Evan Donaldson told the ABC he was sexually assaulted as part of the training.
The following year, a parliamentary inquiry into the training program called on the ADF to warn soldiers about the risks of physical and psychological injuries prior to commencing the training.
It also recommended external screening of soldiers after the training to identify and treat any psychological injuries.
In its response to that inquiry, the Defence Department said it had updated its briefing materials for the course to give soldiers more information about what to expect.
Justice Derrington in November ordered Mr De Pyle and the government to enter mediation to try to resolve the matter. A mediation session is scheduled for March 23.
Last month, the Federal Court introduced new restrictions on third parties accessing documents filed by litigants.
The new rules mean pleadings and other material can no longer be released until the Federal Court has heard any applications by the parties seeking to block their release.
This is contrary to the broad practice of Australian courts.
A coalition of more than 60 journalists from multiple media organisations has written to the court's chief justice complaining this change of rules contradicts the principle of open justice, will lead to inaccurate or slanted reporting, and denies the public the right to know what cases have been brought before the court.
In Mr De Pyle's case, the court has taken the extra step of ordering the documents be suppressed prior to a hearing, presumably to preserve the status quo until the issue can be fully argued.
