Office of the Special Investigator

The Office of the Special Investigator 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.

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.

Role and functions

Under the establishment order and portfolio arrangements, OSI:

reviews findings of the Inspector-General of the Australian Defence Force Afghanistan Inquiry
works with the Australian Federal Police to investigate alleged criminal offences under Australian law related to breaches of the laws of armed conflict
develops briefs of evidence for referral to the Commonwealth Director of Public Prosecutions
undertakes other relevant tasks requested by the Prime Minister and the Attorney-General.

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 serves as Director-General. The Special Investigator is the Hon Mark Weinberg, supported by a Director of Investigations.

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. OSI publishes annual reports and budget information through the Transparency Portal.

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 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.