MILITARY
justice has been streamlined with the appointment of Australia’s
inaugural Director of Military Prosecutions (DMP), Colonel Gary
Hevey, on July 1.
Once
fully established, the position will be a statutory appointment
providing independent prosecutorial decision-making similar to
that of Commonwealth, State and Territory Directors of Public
Prosecution.
Minister Assisting the Minister for Defence Danna Vale said she
had directed Defence to develop the legislation needed to establish
the position.
“COL Hevey’s appointment enhances the independence and
transparency of disciplinary procedures, which adds to the confidence
of all ADF personnel that they will be dealt with fairly and as
quickly as possible by ADF military justice,” Mrs Vale said.
Once the legislation is amended, the DMP will decide whether serious
matters arising under the Defence Force Discipline Act 1982 will
be prosecuted.
The DMP will also decide which matters should be referred to courts
martial or Defence Force Magistrates for trial, then prosecute
those cases.
In the interim, the DMP will provide independent legal advice
to commanders to help them determine how to proceed with serious
charges under the Act.
Service police retain responsibility for the initial investigation
of alleged offences and COs remain responsible for disciplining
members at the summary level and referring charges to the DMP.
“The Australian Defence Force’s chain of command will
remain a vital component of Defence discipline,” Mrs Vale
said.
