[strken]

We (thus far) have not been able to send him to gaol because the civil standard of proof is on the balance of probabilities but the criminal standard is beyond a reasonable doubt. Ben Roberts-Smith has been shown to have committed war crimes on the balance of probabilities, but not beyond a reasonable doubt.

I think that the government would probably prefer he be locked up, since the current situation is the worst of both worlds: he is legally a war criminal, but remains embarrassingly free and unpunished by the criminal justice system.

[femto]

Office of the Special Investigator (https://www.osi.gov.au) is the government agency that's running the criminal investigation.

[tsujamin]

Presumably the endless run of civil litigations has delayed the criminal cases to date