Military Justice
What is the military justice system?
What is the purpose of the MJS?
Why was there a Senate Inquiry?
What was the Senate Inquiry looking at?
What was the Government's response to the Senate Report?
What is the Military Justice Implementation Team?
What progress has been made in implementing the military justice recommendations?
What is the military justice system?
The military justice system is made up of two separate and distinct systems, the discipline system and the administrative system.
The discipline system deals with the investigation and prosecution of offences under the Defence Force Discipline Act 1982 (DFDA).
The administrative system deals with decisions and processes associated with command and control, operations and administration of the ADF, including inquiries to establish fact, adverse action such as termination, formal warnings and censures, and robust provisions for review and complaint.
The military justice system is part of Commonwealth law. Military members are subject to the same laws as apply to other Australians in addition to the DFDA.
The military justice system applies to all ranks equally. All ADF members have an interest in the success of the system.
What is the purpose of the MJS?
The military justice system provides an important framework necessary for ADF operational effectiveness.
Discipline is integral to the effectiveness and efficiency of professional fighting forces. In preparing for war in times of peace, members of the ADF must behave to the same high standards, which will be demanded in war.
In both peace and war the margin for error or oversight without tragic consequences, in terms of accidents or misdirected force, may often depend upon inculcated habits of discipline to instantly obey lawful directions and orders.
Why was there a Senate Inquiry?
On the 29 October 2003 Senator Chris Evans, Shadow Minister for Defence, requested an inquiry into the Australian military justice system. The Senate Foreign Affairs, Defence and Trade References Committee conducted the inquiry, beginning in February 2004. The report on 'The effectiveness of Australia's military justice system' was tabled in June 2005.
Links:
Parliament of Australia, Senate Committee, Inquiry into Military Justice
What was the Senate Inquiry looking at?
The Terms of Reference for the inquiry are derived from the desire to evaluate the effectiveness of Australia's military justice system. Looking at its ability to provide impartial, rigorous and fair outcomes, and mechanisms to improve the transparency and public accountability. The Senate Inquiry examined the ADF's processing and handling of the inquiries into the SAS in East Timor, the Westralia incident, the death of PTE J.P. Williams and other related inquiries, to evaluate the justice system's application. The specific terms of reference can be viewed by visiting the Senate Inquiry website.
What was the Government's response to the Senate Report?
The Government Response to the Senate Report was tabled in October 2005. The Government proposed significant enhancements to the military justice system. The changes will balance the maintenance of effective discipline with the protection of individuals and their rights.
In all, 30 of the Senate Committee's 40 recommendations were accepted in whole, in part or in principle. Alternative solutions will be adopted to achieve the intent of the report's recommendations, including those concerning the referral of offences to the civilian authorities, the legislative basis of a permanent military court and the establishment of an ADF Administrative Review Board.
The Government requires Defence to implement the recommendations and enhancements within two years, and to report to the Senate twice a year throughout the implementation period.
What is the Military Justice Implementation Team?
In October 2005, the Chief of the Defence Force and the Secretary of the Department of Defence appointed Rear Admiral Mark Bonser as the Head of the Military Justice Implementation Team. This team led the implementation of the Senate Report's recommendations and enhancements until it folded on 14 December 2007.
The Inspector-General Australian Defence Force now assumes responsibility for providing central oversight of the completion of outstanding implementation.What progress has been made in implementing the military justice recommendations?
View the Military Justice Reform page for information on changes to the military justice system.