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Fighting for justice
Defence Counsel Services
Volume 49, No. 14, August 09, 2007 |
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THERE TO HELP: The ADF has a comprehensive military justice system and all members should understand how the system works in case they ever need to use it.
Photo by AC Glen McCarthy |
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The Directorate of Defence Counsel Services stands ready to assist those who might need a military lawyer to help respond to a serious military justice matter.
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. 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 also 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.
The director, GPCAPT Chris Hanna, summed up the role of the directorate.
“The directorate’s task is to find appropriate ADF legal officers for those who need one,” he said.
“Most ADF members will never need the services of the directorate. However, 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.”
GPCAPT 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, spread across Australia. All of these lawyers are admitted to practise in a state or territory of Australia, and they 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,” GPCAPT Hanna said.
“In most cases, we can’t make the problem go away, but we can start to make the situation better.
“When charges have been laid, or you are faced with the prospect of being involved in a Board or Commission of Inquiry, sitting down with your lawyer can make a great deal of difference to how you are coping with the situation.
“People do feel better when they receive professional advice on what’s happening, where they stand and what they need to do.”
Enhancing the military justice system is a priority of the CDF and Service Chiefs, and Defence Counsel Services aims to provide an effective service.
“The lawyers we use are provided at Commonwealth expense,” GPCAPT Hanna said. “They represent your interests and their military background will give them an understanding of your circumstances.
“My staff and I are committed to getting the best possible results for people. Those results may still not be nice, but we aim to ensure that through appointing the right lawyers your case has been put as well as it can be.”
If a member has been charged with an offence that will be tried by Courts Martial or 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.
Persons who are 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 the directorate to discuss their legal representation needs.
For more information, visit http://intranet.defence.gov.au/dsg/sites/DLD/
| Military justice system progress |
- Twenty-one of the 30 agreed recommendations from the Senate report into the military justice system have been completed, with other recommendations underway. The recommendations make significant improvements to investigations, prosecutions and trials under the discipline system, and also to the management of complaints and conduct of inquiries under the administrative system.
- The ADF’s investigative capability was improved with the appointment of the Provost Marshal ADF, COL Tim Grutzner. The ADF Investigative Service was established on April 2 to handle the more serious and complex offences in the ADF (as reported in AIR FORCE News May 3).
- There is no longer a backlog of complaints and Redress of Grievances and the process for investigating complaints is being streamlined.
- A new permanent Australian Military Court will start in October 2007. It will be independent of the ADF chain of command and replace the current system of trials by Courts Martial and Defence Force Magistrates.
- A civilian with judicial experience now presides over new mandatory CDF Commissions of Inquiry into all ADF suicides and deaths in service. The CDF Commission of Inquiry replaces Boards of Inquiry in these instances.
- The Inspector-General ADF, Geoff Earley, has been established as a statutory position to provide the CDF with an independent mechanism for internal audit and review of the military justice system.
- For more information on the military justice system, visit http://intranet.defence.gov.au/militaryjustice |
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