IF soldiers need a military lawyer to help respond to a serious military justice matter, the Directorate of Defence Counsel Services might be able to lend a hand.
Formed in May last year as part of the Military Justice reforms, the directorate’s primary function is to organise legal support for members who are facing disciplinary charges under the Defence Force Discipline Act, where the charges against the member will be tried by courts martial or by a Defence Force magistrate.
In short, the Defence Counsel Services will help a member select an ADF legal officer as a defending officer to appear for them at their trial.
In addition, the directorate will assist those people, both military and civilian, who become involved in Boards of Inquiry or CDF Commissions of Inquiry as persons who are potentially affected by the outcome of that inquiry.
For example, if a person’s conduct in relation to an incident might lead to subsequent disciplinary or administrative action then a right of legal representation at the inquiry may arise.
Also, if an incident involves a fatality, legal representation will be provided to ensure that the perspective of the deceased is appropriately presented to the inquiry.
That is, there will be someone at the inquiry to speak for those who cannot be there to speak for themselves.
The Director, Gp-Capt Chris Hanna, said the directorate’s task was to find “appropriate ADF legal officers for those who need one”.
“If you require a lawyer, and for many people the need can arise quite suddenly, we will help you find one who is suitable for your case,” he said.
The directorate is based in Canberra and sits within the Defence Legal Division.
Gp-Capt Hanna and his staff manage a panel of mainly Reserve ADF lawyers who make themselves available to appear at disciplinary hearings and at Boards of Inquiry.
Through the Defence Counsel Services Panel, the directorate has access to more than 150 lawyers from all three Services across Australia.
These lawyers come from various branches of the legal profession.
“This means that it becomes easier to match the specific needs of a person who comes to us for help with a lawyer who is not only available, but who has the right skills and experience,” Gp-Capt Hanna said.
If a member has been charged with an offence that will be tried by courts martial or a Defence Force magistrate, then they will be advised at the time to contact the Directorate of Defence Counsel Services to discuss the nomination of their Defending Officer.
People entitled to legal representation at Boards of Inquiry will also be advised by the President of the Board of Inquiry or by Counsel Assisting the Board of Inquiry to contact to the directorate to discuss their legal representation needs.
