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Role - Functions - Guidelines & Directions Manual - Broadcasts - Legal Officer List S101F DFDA - Complaints & Suggestions - Documents - Legislation Links - Policy Document Links - Other Sites - Contact Details - After Hours Contact Details
Directorate of Defence Counsel Services (DDCS)
Role
The Defence Counsel Services is a directorate within the Defence Legal Division. The directorate coordinates and manages the access to, and availability of, defence counsel services by identifying and promulgating a defence panel of legal officers, permanent and Reserve. The Director reports directly to the Director General ADF Legal Services.
Functions
The Directorate of Defence Counsel Services performs the following functions:
In relation to the Defence Force Discipline Act 1982 (DFDA):
- Cause an accused person awaiting trial before a Court Martial or Defence Force Magistrate the opportunity to be represented at the trial and to receive legal advice before the trial by an ADF legal officer.
- Take the necessary steps to secure witnesses on behalf of accused persons.
- Co-ordinate and manage the provision of legal advice and assistance in the preparation of petitions relating to the former Australian Military Court, Courts Martial and Defence Force Magistrate proceedings.
- Maintain a list of ADF legal officers who are willing to assist persons cautioned under the DFDA and facing an interview by an investigating officer in relation to a Service offence.
In relation to the Defence (Inquiry) Regulations 1985 (DIR):
- Co-ordinate and manage the provision of legal representation and advice by ADF legal officers, for persons entitled to such assistance under the DIR.
In relation to military justice more broadly:
- Contribute to the development of legal policy and legislation, affecting accused persons, appellant/respondent offenders, potentially affected persons, single representatives of deceased, defending officers and counsel representing.
The directorate utilises a Defence Counsel Services Panel of ADF legal officers to perform the above functions. The majority of those legal officers are members of the Reserve Forces.
Under the current arrangements, the Directorate of Defence Counsel Services does not perform the following functions:
- Arrange general legal assistance for Service members.
- Authorise duty for Reserve legal officers to provide general legal assistance for Service members.
- Arrange representation or advice for summary proceedings.
- Arrange legal advice or assistance for the preparation of petitions relating to summary proceedings.
The last list is provided for the purpose of clarity. Those legal services may be requested through the member’s chain of command.
Guidelines and Directions Manual
The Guidelines and Directions Manual has been produced to provide information about the principles and practices employed by the Directorate, when performing the above functions. In particular, legal officers belonging to the Defence Counsel Services Panel may benefit from reading that document.
- The Guidelines and Directions Manual will be available here when released.
Broadcasts
To assist members of the Defence Counsel Services Panel, email broadcasts to the panel are reproduced below. (Some may not be available on the external DDCS internet site.)
- Copies of Broadcasts will be placed here when released.
Legal Officer List – Section 101F DFDA
Section 101F of the DFDA requires the CDF or his delegate to establish and maintain a list of ADF legal officers who are willing to assist persons who are in custody at, or in the vicinity of, prescribed places. That task has been delegated by CDF to the Director. The list is to be used for that purpose only. Other requests for legal services should be directed to the relevant authority, namely this directorate or the member’s chain of command.
- The Legal Officer List is only available on the DDCS DRN site.
Complaints and Suggestions
Complaints and suggestions, in relation to the services provided by the directorate or legal officers appointed by the directorate should be made to the Director using the details provided below under “Contact Details”.
Documents
Pre-sentence Report Form E1
Counsel Template, Letter
Counsel Template, Minute
Sessional Fee Determination
Sessional Fee/Reserve Salary Matrix
Commonwealth Counsel Fee Application
Form R2
Form 30 - Summon to ADF Witness
Form 30 - Summon to ADF Witness - Production of Documents
Form 31 - Summon to Civilian Witness
Form 31 - Summon to Civilian Witness - Production of Documents
Reserve Attendance Diary - Navy
Reserve Attendance Diary - Army
Reserve Attendance Diary - Air Force
Useful Links
Legislation Links
Defence Force Discipline Act 1982
Defence Force Discipline Regulations 1985
Court Martial and Defence Martial Rules
Summary Authority Rules 2009
Defence Force (Consequences of Punishment) Rules 1986
Defence Force Discipline Appeals Act 1955
Defence Force Discipline Appeals Regulations
Criminal Code (Cth)
Crimes Act 1914 (Cth)
Evidence Act 1995
Crimes Act 1900 (ACT)
Criminal Code 2002
Evidence Act 1971 (ACT)
Defence Act 1903
Defence Force Regulations 1952
Defence (Inquiry) Regulations 1985
Policy Document Links
Director of Military Prosecutions Directive 02/2009 Prosecution and Disclosure Policy Document
Other Sites
Defence Force Discipline Appeals Tribunal Homepage
ADF Judge Advocate Generals Homepage
Military Justice Homepage
Canadian Director of Counsel Services
Contact Details
COL Penny Cumming
Director of Defence Counsel Services
Defence Legal Division
Department of Defence
F-TS-1L-DDCS
PO Box 7978
CANBERRA BC ACT 2610
email: DefenceCounsel.Services@defence.gov.au
Ph : 02 6127 4099
Fax: 02 6127 4102
After Hours Contact Number
The following number is available to contact the directorate after hours:
Role - Functions - Guidelines & Directions Manual - Broadcasts - Legal Officer List S101F DFDA - Complaints & Suggestions - Documents - Legislation Links - Policy Document Links - Other Sites - Contact Details - After Hours Contact Details
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