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Drug policy update
By Cristy Symington
Volume 49, No. 16, September 06, 2007 |
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SAFETY SAKE: Updating the ADF’s policy on illegal drugs to ensure members maintain the high level of discipline required is one of the proposed reforms to the military justice system.
Photo by LAC Aaron Curran |
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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 ADF’s policy on illegal drugs. The Defence Legislation Bill, currently before Parliament, reinforces the ADF’s policy on illegal drugs by enabling Service tribunals to deal with offences covering 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.
The ADF applies a much higher level of regulation than other forms of employment and demands behaviour which is consistent with its roles.
The current ADF policy is that involvement with illegal drugs is not condoned. Disciplinary and/or administrative action that may result in the member’s dismissal is to be initiated in the event of illegal drug use.
The proposed changes to the Defence Force Disciplinary Act (DFDA) will update the types of drugs in line with the illegal drug use in society today. The current limited quantity and range of drugs in the DFDA is insufficient to support enforcement 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’. For narcotics, it will be up to the trafficable amount; for any other prohibited drug, 50 grams. The existing penalties remain unchanged.
WOFF-AF Ray Woolnough said the proposal was essential for a disciplined defence force.
“It is integral to have a contemporary and practical policy on illegal drugs to ensure the welfare and safety of each and every
person,” he said.
“Broadening the range of illicit drugs which can be prosecuted under the DFDA is a common-sense way to ensure we perform our missions safely and effectively.”
Other proposed changes to summary proceedings include:
- Expanding the discipline officer scheme to include junior officers up to the rank of FLTLT. A discipline officer will also be required to provide a report to their 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 AVM. 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 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 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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