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What are the levels of discipline in the military justice system?

  • A discipline officer can impose penalties such as a fine equal to one day’s pay or loss of up to 3 days’ leave for minor offences such as being absent without leave, sleeping at your post, negligent conduct, failing to comply with an order, disobeying a command or doing acts that bring discredit to the ADF.
  • Commanding officers may hear and determine charges brought against an ADF member who is two or more ranks junior to him or her.
  • For convicted ADF members below non-commissioned ranks the commanding officer can only impose a penalty of detention.
  • For navy members detention can last up to 42 days.
  • For army and air force members detention can last up to 14 days for offences committed while on active service and 7 days for offences committed at other times.
  • Commanding officers may also refer the matter to a convening officer who may decide to bring the charge before a court martial or before the Defence Force Magistrate.
  • Summary authorities may try offences under the Defence Force Discipline Act.  
    • A superior summary authority appointed by the Chief of the Defence Force or Service Chief may hear and determine offences committed by an officer who is two or more ranks junior to him or her.
    • A subordinate summary authority appointed by a commanding officer may try offences committed by members of the ADF who are not officers.
  • Offences that are more serious in nature are tried by Defence Force Magistrates or court martial.
  • Defence Force Magistrates are military lawyers and courts martial are comprised of serving officers presided over by a Judge Advocate or Defence Force Magistrate.

 

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