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Bill targets ADF justice
Volume 50, No. 15, August 23, 2007 |
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The Defence Legislation Amendment Bill 2007 tabled on August 15 by the Minister Assisting the Minister for Defence, Bruce Billson, includes reforms that aim to further improve the impartiality and fairness of the military justice system.
One of the final developments in response to the Senate’s 2005 report, titled “The effectiveness of Australia’s Military Justice System, the Bill complements a range of substantial improvements already made.
“Because of the unique nature of warfare, the ADF applies a far greater level of regulation than that encountered in other forms of employment and demands behaviour consistent with its role as an armed force,” Mr Billson said. “Breaches of service discipline must be dealt with speedily and, sometimes more severely than would be the case if a civilian engaged in such conduct. It must be demonstrably objective, timely, impartial and fair to ADF members.”
The head of the Military Justice Implementation Team RADM Mark Bonser said the military justice system needed to balance the rights of individuals with effective discipline. “These enhancements are the most significant changes since the current Defence Force Discipline Act was introduced more than two decades ago,” RADM Mark Bonser said.
The Bill’s provisions include:
- A right in all cases to appeal a summary authority conviction, order or punishment to a Military Judge of the Australian Military Court, in addition to the safeguard provided by the oversight of summary convictions and punishments provided by reviewing authorities;
- The right to elect trial by a Military Judge of the Australian Military Court for all but a limited number of certain disciplinary offences;
- A fair and simplified evidence framework for summary trials more suitable to the maintenance of discipline, particularly in operational circumstances; and
- Amendments to offences and punishments to improve their fairness and sustain the maintenance of discipline necessary for an effective armed force.
For details of the Defence Legislation Amendment Bill 2007, visit www.defence.gov.au/mjs
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