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ADF reinforces drug policy
By Cristy Symington
Volume 50, No. 16, September 06, 2007 |
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A disciplined defence force is essential for our operational effectiveness and safety.
One of the proposed reforms to the military justice system is to update the illegal drug policy which will ensure our people maintain the high standard of discipline necessary.
The Defence Legislation Bill before Parliament, reinforces the ADF drug policy by enabling service tribunals to deal with offences in respect of a more contemporary range of illegal drugs such as ecstasy, cocaine, heroin and anabolic steroids, and, for offences committed within Australia, allowing prosecutions up to the trafficable amount.
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 which is consistent with its role as an armed force.
The current ADF illegal drug policy is that involvement with illegal drugs by any ADF member is not condoned. Disciplinary and/or administrative action that may result in the member’s dismissal is to be initiated in the event of an allegation of illegal drug use.
The reason for the proposed changes to the DFDA is to update the types of drugs in line with the illegal drug use in society today.
In particular, the current limited quantity and range of drugs in the DFDA is insufficient to support enforcement and application of the ADF’s ‘no drug’ policy.
The quantity of drug that will be able to be dealt with under the DFDA within Australia will also be increased via a new definition of ‘prescribed quantity’ which, for a narcotic substance will be up to the trafficable amount so specified for that substance, or for any other prohibited drug, 50 grams. While the quantity and range of prohibited drug has been increased , the existing penalties attached to these offences remain unchanged.
The Bill proposes other changes to summary proceedings. These include:
- Expanding the discipline officer scheme under the DFDA to include junior officers up to and including the ranks of Lieutenant in the Navy, Captain in the Army and Flight Lieutenant in the Air Force. A discipline officer will also be required to provide a report to his or her commanding officer. This will facilitate the maintenance of discipline and transparency of the discipline officer scheme.
- Expanding the jurisdiction of superior summary authorities to include ranks up to Rear Admiral in the Navy, Major General in the Army and Air Vice Marshal in Air Force. This change will allow simple and minor offences committed by more senior officers in operational environments to be dealt with expeditiously at the summary level, rather than awaiting (the currently mandatory) trial by the Australian Military Court.
- Introducing a new time limit of as soon as practicable within three months from the time the member is charged to the date of trial by summary authority. This will improve the timeliness of summary proceedings and prompt referrals to the Director of Military Prosecutions so that complex or serious matters are tried by the Australian Military Court (commencing in October) as quickly as possible.
- The automatic disqualification of a summary authority to try offences where that authority has been involved in the investigation of the service offence, the issuing of a warrant or preferring the charge.
For more information about proposed changes to the military justice system, visit www.defence.gov.au/mjs or to contact a military justice organisation, visit http://intranet.defence.gov.au/militaryjustice/ |
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