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AUSTRALIAN DEFENCE FORCE

PUBLICATION

EXECUTIVE SERIES

ADFP 06.1.1

(FOURTH EDITION)

DISCIPLINE LAW MANUAL

VOLUME 1

LEGISLATION, FORMS AND INSTRUMENTS

© Commonwealth of Australia 2009

This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Department of Defence.

Announcement statement—may be announced to the public.

Secondary release—may be released to the Australian Defence Organisation.

All Defence information, whether classified or not, is protected from unauthorised disclosure under the Crimes Act 1914. Defence information may only be released in accordance with the Defence Security Manual (DSM) and/or Defence Instruction (General) OPS 13–4—Release of Classified Defence Information to Other Countries, as appropriate.

JSP(AS) 201 First Edition, 1985 ADFP 06.1.1 First Edition, May 2006 Second Edition (Provisional), Sep 2007 Third Edition, Sep 2008 Fourth Edition, Oct 2009

Publication Sponsor:

Director General Australian Defence Force Legal Services Developer: Defence Legal Division

Publisher:

Defence Publishing Service Department of Defence CANBERRA ACT 2600

ADFP 06.1.1 VOLUME 1

iii

AUSTRALIAN DEFENCE FORCE

PUBLICATION

EXECUTIVE SERIES

DISCIPLINE LAW MANUAL

VOLUME 1

FOURTH EDITION

Australian Defence Force Publication 06.1.1 (ADFP 06.1.1)—Discipline Law Manual, Volume 1, 4th Edition, is issued for use by the Australian Defence Force and is effective forthwith. This publication supersedes ADFP 06.1.1, 3rd Edition Volume 1. A. HOUSTON AC AFC Air Chief Marshal Chief of the Defence Force Australian Defence Headquarters CANBERRA ACT 2600 7 Oct 2009


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AMENDMENT CERTIFICATE

Proposals for amendment of ADFP 06.1.1—Discipline Law Manual, 4th Edition, Volume 1 should be forwarded to:

Directorate of Military Discipline Law Defence Legal CP2–3–040 Department of Defence CANBERRA, ACT 2600

Amendment Effected

No Date Signature Date


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CONTENTS Page Authorisation iii Amendment Certificate v PART 1 DEFENCE FORCE DISCIPLINE ACT 1982

PART 2 DEFENCE FORCE DISCIPLINE REGULATIONS 1985

PART 3 COURT MARTIAL AND DEFENCE FORCE MAGISTRATE RULES 2009

PART 4 SUMMARY AUTHORITY RULES 2009

PART 5 DEFENCE FORCE (CONSEQUENCES OF PUNISHMENT) RULES 1986

PART 6 DEFENCE FORCE DISCIPLINE APPEALS ACT 1955

PART 7 DEFENCE FORCE DISCIPLINE APPEALS REGULATION 1957

PART 8 CRIMES ACT 1914*

PART 9 CRIMINAL CODE ACT 19951

PART 10 CRIMES ACT 1900 (ACT)*

PART 11 EVIDENCE ACT 1995

PART 12 EVIDENCE ACT 1971 (ACT)*

PART 13 EXTRACTS OF LEGISLATION RELATING TO ‘PROHIBITED DRUG’ OFFENCES UNDER THE DEFENCE FORCE DISCIPLINE ACT 1982

PART 14 REGULATIONS AND RULES RELATING TO ‘WITNESS EXPENSES’

PART 15 DEFENCE FORCE REGULATIONS 1952 – PART XIII – SUSPENSION AND FORFEITURE OF SALARY AND ALLOWANCES

PART 16 DFDA INSTRUMENTS OF APPOINTMENT, AUTHORIZATION DELEGATION AND DECLARATION

PART 17 DFDA DISCIPLINE FORMS

1 Hard copy up to, but not including chapter 4.

* Hard copy contents only.


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PART 1

DEFENCE FORCE DISCIPLINE ACT 1982

See:

ComLaw - Defence Force Discipline Act 1982 - homepage

As at Oct 09

http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401462?OpenDocument


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PART 2

DEFENCE FORCE DISCIPLINE REGULATIONS 1985

See:

ComLaw - Defence Force Regulations 1985 - homepage

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PART 3

COURT MARTIAL AND DEFENCE FORCE MAGISTRATE RULES 2009

See:

http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/0/E1D1C32904E7

A946CA25765B007A57C2?OpenDocument

http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/0/E1D1C32904E7A946CA25765B007A57C2?OpenDocument

http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/0/E1D1C32904E7A946CA25765B007A57C2?OpenDocument


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PART 4

SUMMARY AUTHORITY RULES 2009

See:

ComLaw - Summary Authority Rules - homepage

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PART 5

DEFENCE FORCE DISCIPLINE (CONSEQUENCES OF PUNISHMENT) RULES 1986

See:

ComLaw - Defence Force Discipline (Consequences of Punishment) Rules 1986

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PART 6

DEFENCE FORCE DISCIPLINE APPEALS ACT 1955

See:

ComLaw - Defence Force Discipline Appeals Act 1955 - homepage

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PART 7

DEFENCE FORCE DISCIPLINE APPEALS REGULATION 1957

See:

ComLaw - Defence Force Discipline Appeals Regulations 1957 - homepage

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PART 8

CRIMES ACT 1914

See:

ComLaw - Crimes Act 1914 - homepage

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PART 9

CRIMINAL CODE ACT 1995

See:

ComLaw - Criminal Code Act 1995 - homepage

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PART 10

CRIMES ACT 1900 (ACT)

See:

ACT legislation register - Crimes Act 1900 (ACT)

As at Oct 09

http://www.legislation.act.gov.au/a/1900-40/default.asp


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PART 11

EVIDENCE ACT 1995

See:

ComLaw - Evidence Act 1995 - homepage

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PART 12

EVIDENCE ACT 1971 (ACT)

See:

ACT Legislation - Evidence Act 1971 (ACT)

As at Oct 09

http://www.legislation.act.gov.au/a/1971-4/default.asp


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PART 13

EXTRACTS OF LEGISLATION RELATING TO ‘PROHIBITED DRUG’ OFFENCES UNDER THE DEFENCE FORCE DISCIPLINE ACT 1982

TABLE A – NARCOTIC SUBSTANCES

TABLE B – ANABOLIC STEROIDS

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ADFP 06.1.1 VOLUME 1 2

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PROHIBITED DRUG OFFENCES

Defence Force Discipline Act 1982 (DFDA)

Section 59 of the DFDA creates the offences of selling, dealing, trafficking or possessing a prohibited

drug outside Australia. Also, section 59 creates offences of administering prohibited drugs outside, or

inside Australia. In addition, section 59 contains an offence of possession of a non-trafficable quantity

of a prohibited drug.

Sub-section 59(9) defines a prohibited drug as: (a) a narcotic substance (as defined by sub-section 4(1) of the Customs Act 1901); or

(b) an anabolic steroid (within the meaning of Part 5 of the Poisons and Drugs Act 1978 of the

Australian Capital Territory).

Table A below provides information on ‘narcotic substances and trafficable quantities’, as at October

2009.

Table B below provides information on ‘anabolic steroids and trafficable quantities’, as at October

2009.


TABLE A – NARCOTIC SUBSTANCES AND TRAFFICABLE QUANTITIES

Customs Act 1901

Sub-section 4(1) of the Customs Act provides the following definitions:

‘narcotic substance’ means a border controlled drug or a border controlled plant;

‘border controlled drug’ has the same meaning as in Part 9.1 of the Criminal Code;

‘border controlled plant’ has the same meaning as in Part 9.1 of the Criminal Code.

Criminal Code Act 1995 (Criminal Code)

Section 300.2 of the Criminal Code provides the following definitions:

‘border controlled drug’ means a substance, other than a growing plant:

(a) listed or described as a border controlled drug in section 314.4; or

(b) prescribed by regulations under paragraph 301.3(1)(a); or

(c) specified in a determination under paragraph 301.8(1)(a).

‘border controlled plant’ means a growing plant :

(a) listed or described as a border controlled plant in section 314.5; or

(b) prescribed by regulations under paragraph 301.3(1)(b); or

(c) specified in a determination under paragraph 301.8(1)(b).

The DFDA sets a limit on jurisdiction relating to possession of prohibited drug in Australia by

reference to a ‘prescribed quantity’. The term ‘prescribed quantity’ is defined in sub-section 59(9) of

the DFDA to be:

(a) for a narcotic substance that is a controlled drug or a controlled plant in relation to which

there is a trafficable quantity specified under the Criminal Code – the trafficable quantity so

specified for that substances. Where a border controlled drug or border controlled plant is

also listed as a controlled drug or controlled plant under section 314.1 or section 314.2 of the

Criminal Code, the trafficable quantity listed in section 314.1 or section 314.2 of the Criminal

Code will apply; or

(b) for any other prohibited drug – 50 grams.

The tables below set out the substances and prescribed quantities referred to above.


Border controlled drugs and prescribed quantity

Border Controlled Drugs Trafficable Quantity (grams)

Acetorphine 50

Acetyl-alpha-methylfentanyl 50

Acetylcodeine 50

Acetyldihydrocodeine 50

Acetylmethadol 50

Allylprodine 50

Alphacetylmethadol 50

Alphameprodine 50

Alphamethadol 50

alpha-Methylfentanyl 50

alpha-Methylthiofentanyl 50

Alphaprodine 50

Amphecloral 50

3-(2-Aminopropyl)indole (alpha-methyltryptamine (AMT) ) 50

Amphetamine 2.0

Anileridine 50

Barbiturates 50

Benzethidine 50

Benzoylecgonine 50

Benzylmorphine 50

Betacetylmethadol 50

beta-Hydroxyfentanyl 50

beta-Hydroxy-3-methylfentanyl 50

Betameprodine 50

Betamethadol 50

Betaprodine 50

Bezitramide 50

4-Bromo-2,5-dimethoxyamphetamine 50

Bufotenine 50

Cannabinoids (other than a Cannabinoid of a kind that can be obtained

from a plant that is not a Cannabis plant) 50

Cannabis (in any form, including flowering or fruiting tops, leaves,

seeds or stalks, but not including Cannabis resin or Cannabis fibre) 250

Cannabis resin 20

Chlorphentermine 50

Clonitazene 50



Cocaine 2.0

Codeine 50

Codeine-N-oxide 50

Codoxime 50

Desomorphine 50

Dexamphetamine 50

Dextromoramide 50

2,5-Dimethoxy-4-n-propylthiophenethylamine (2C-T-7) 50

2,5-Dimethoxy-4-ethylthiophenethylamine (2C-T-2) 50

2,5-Dimethoxy-4-iodophenethylamine (2C-I) 50

Diampromide 50

Diethylpropion 50

Diethylthiambutene 50

N,N-Diethyltryptamine 50

Difenoxin 50

Dihydrocodeine 50

Dihydromorphine 50

Dimenoxadol 50

Dimepheptanol 50

2,5-Dimethoxy-4-methylamphetamine 50

1-Dimethylamino-1,2-diphenylethane 50

Dimethylthiambutene 50

N,N-Dimethyltryptamine 50

Dioxaphetyl butyrate 50

Diphenoxylate 50

Dipipanone 50

Drotebanol 50

Ecgonine 50

Ethchlorvynol 50

Ethinamate 50

Ethylmethylthiambutene 50

Ethylmorphine 50

Etonitazene 50

Etorphine 50

Etoxeridine 50

Fentanyl 50

Furethidine 50

Gammabutyrolactone (GBL) 2.0



Glutethimide 50

Harmaline 50

Harmine 50

Heroin (diacetylmorphine) 2.0

Hydrocodone 50

Hydromorphinol 50

Hydromorphone 50

Hydroxyamphetamine 50

4-Hydroxybutanoic acid (GHB) 2.0

Hydroxypethidine 50

Isomethadone 50

Ketobemidone 50

Levophenacylmorphan 50

Levomethorphan, but not including dextromethorphan 50

Levorphanol, but not including dextrorphan 50

Lysergamide 50

Lysergide (LSD) 0.002

Meprobamate 50

Mescaline 50

Metazocine 50

Methadone 50

Methaqualone 50

Methcathinone 50

Methorphan, but not including dextromethorphan 50

5-Methoxy-alpha-methyltryptamine (5-MeO-AMT) 50

5-Methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT) 50

Methamphetamine 2.0

3,4-Methylenedioxyamphetamine (MDA) 0.5

3,4-Methylenedioxymethamphetamine (MDMA) 0.5

Methyldesorphine 50

Methyldihydromorphine 50

3-Methylfentanyl 50

Methylphenidate 50

1-Methyl-4-phenyl-4-propionoxypiperidine (MPPP) 50

3-Methylthiofentanyl 50

Methyprylon 50

Metopon 50

Monoacetylmorphines 50



Moramide 50

Morphan, but not including dextrorphan 50

Morpheridine 50

Morphine 50

Morphine-N-oxide 50

Myrophine 50

Nicocodine 50

Nicodicodine 50

Nicomorphine 50

Noracymethadol 50

Norcodeine 50

Norlevorphanol 50

Normethadone 50

Normorphine 50

Norpipanone 50

Opium 20

Oxycodone 50

Oxymorphone 50

para-Fluorofentanyl 50

Pentazocine 50

Pethidine 50

Phenadoxone 50

Phenampromide 50

Phenazocine 50

Phencyclidine 50

Phendimetrazine 50

Phenmetrazine 50

Phenomorphan 50

Phenoperidine 50

Phentermine 50

1-Phenylethyl-4-phenyl-4-acetoxypiperidine (PEPAP) 50

Pholcodine 50

Piminodine 50

Pipradrol 50

Piritramide 50

Proheptazine 50

Properidine 50

Propiram 50



Psilocine 0.1

Psilocybine 0.1

Tetrahydrocannabinols 2.0

Thebacon 50

Thebaine 50

Thiofentanyl 50

Trimeperidine 50

Additional border controlled drugs

In addition to the border controlled drugs listed in the table above, a substance is also a border

controlled drug under sub-section 314.4(2) of the Criminal Code, if the substance is, in relation to a

border controlled drug listed above:

(a) a stereoisomer; or

(b) a structural isomer having the same constituent groups; or

(c) an alkaloid; or

(d) a structural modification obtained by the addition of one or more of the

following groups:

(i) alkoxy, cyclic diether, acyl, acyloxy, mono-amino or dialkylamino

groups with up to 6 carbon atoms in any alkyl residue;

(ii) alkyl, alkenyl or alkynyl groups with up to 6 carbon atoms in the

group, where the group is attached to oxygen (for example, an ester

or an ether group), nitrogen, sulphur or carbon;

(iii) halogen, hydroxy, nitro or amino groups; or

(e) a structural modification obtained in one or more of the following ways:

(i) by the replacement of up to 2 carbocyclic or heterocyclic ring

structures with different carbocyclic or heterocyclic ring structures;

(ii) by the addition of hydrogen atoms to one or more unsaturated

bonds;

(iii) by the replacement of one or more of the groups specified in

paragraph (d) with another such group or groups; or

(iv) by the conversion of a carboxyl or an ester group into an amide

group; or

(f) otherwise a homologue, analogue, chemical derivative or substance

substantially similar in chemical structure.


Border controlled plants and prescribed quantities

Border Controlled Plants Trafficable Quantity (grams) Any plant of the genus Cannabis 250 g or

10 plants

Any plant of the genus Erythroxylon (also known as Erythroxylum)

from which cocaine can be extracted either directly or by chemical

transformation

50

Any plant of the genus Lophophora 50

Any plant of the species Papaver bracteatum 50

Any plant of the species Papaver somniferum 50

Any plant of the species Piptagenia peregrine 50

Any plant of the species Psilocybe 50

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TABLE B - ANABOLIC STEROIDS AND TRAFFICABLE QUANTITIES

An anabolic steroid is a prohibited drug as defined under sub-section 59(9) of the DFDA.

Sub-section 59(9) of the DFDA refers to the meaning of an ‘anabolic steroid’ within the meaning Part

5 of the Poisons and Drugs Act 1978 of the Australian Capital Territory.

The Poisons and Drugs Act 1978 (ACT) was repealed on 14 Feb 09 by section 511 of the Medicines, Poisons and Therapeutic Goods Act 2008 (ACT). Section 510 and Schedule 2 of the Medicines, Poisons and Therapeutic Goods Act 2008 (ACT) amended the Crimes Act 1900 (ACT) by inserting a new Part 8 titled ‘Anabolic Steroids’. The consequence of the repealed legislation is that the definition of ‘anabolic steroid’ currently found in paragraph 59(9)(b) of the DFDA is no longer valid and should not be used in charging anabolic steroid use, possession, administering, trafficking or those other offences contained in section 59 of the DFDA. Charges for illicit anabolic steroid possession, administering, supply, etc can still be preferred but must be done so after 14 Feb 09 via section 61 of the DFDA as a territory offence, using the relevant provision(s) from Part 8 of the Crimes Act 1900 (ACT). Section 170 of the Crimes Act 1900 (ACT) defines the meaning of anabolic steroid as an ‘anabolic steroidal agent’. Sections 171 - 173 of the Crimes Act 1900 (ACT) make it an offence to prescribe, supply, possess or administer anabolic steroids.

Importantly, possessing and/or administering an anabolic steroid under sections 172 and 173

respectively of the Crimes Act 1900 (ACT) carry a maximum punishment of 6 months imprisonment

and are therefore not prescribed offences for the purposes of the DFDA. An offence against section

171 of the Crimes Act 1900 (ACT) – prescribing or supplying anabolic steroids – carries a maximum

punishment of 5 years imprisonment and therefore is a prescribed offence for the purposes of the

DFDA.

The DFDA sets a limit on jurisdiction relating to possession of a prohibited drug in Australia by

reference to a prescribed quantity. The term prescribed quantity of is defined in sub-section 59(9) of

the DFDA. Since anabolic steroids are not ‘narcotic substances’, the prescribed quantity for an

anabolic steroid is 50 grams.


Substances specified as ‘anabolic steroids’ under Schedule 1 of the Crimes Act 1900 (ACT)

Androisoxazole Methandienone

Androsterone Methandriol

Atamestane Methandrostenolone

Bolandiol Methenolone

Bolasterone Methylclostebol

Bolazine Methyltestosterone

Boldenone Methyltrienolone

Bolenol Metribolone

Bolmantalate Mibolerone

Calusterone Nandrolone

Chlorandrostenolone Norandrostenolone

4-Chloromethandienone Norbolethone

Chloroxydienone Norclostebol

Chloroxymesterone

(dehydrochloromethyltestosterone)

Norethandrolone

Clostebol Normethandrone

Danazol Ovandrotone

Dihydrolone Oxabolone

Dimethandrostanolone Oxandrolone

Dimethazine Oxymesterone

Drostanolone Oxymetholone

Enestebol Prasterone

Epitiostanol Propetandrol

Ethisterone Quinbolone

Ethyldienolone Roxibolone

Ethyloestrenol Silandrone

Fluoxymesterone Stanolone

Formebolone Stanozolol

Furazabol Stenbolone

Gestrinone Testolactone

Hydroxystenozol Testosterone

Mebolazine Thiomesterone

Mepitiostane Trenbolone

Mesabolone Trestolone

Mesabolone (androstanolone)

Mesterolone

Anabolic and androgenic steroidal

agent not mentioned elsewhere in this

schedule


PART 14

REGULATIONS AND RULES RELATING TO ‘WITNESS EXPENSES’

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WITNESSES EXPENSES

The Court Martial and Defence Force Magistrate Rules 2009, and the Summary Authority Rules 2009,

provide for the payment of fees and allowances for expenses, as an appropriate authority thinks fit to allow,

to persons, other than a Defence member, summoned to appear as a witness before a Service tribunal.

The ‘appropriate authority’ is defined in section 3 of the Defence Force Discipline Act 1982 (DFDA) to be the

Registrar of Military Justice, President of a court martial or a Defence Force magistrate. The DFDA also

defines the appropriate authority in relation to proceedings before a summary authority to be the summary

authority.

The payment of fees and allowances for expenses is made in accordance with the scale in Schedule 2 to the

Public Words Committee Regulations 1969 as in force under the Public Works Committee Act 1969.

PUBLIC WORKS COMMITTEE REGULATIONS 1969Schedule 2 Witnesses’ fees and travelling expenses (regulation 6)

1. A witness appearing before the Committee to give evidence because of his professional, scientific

or other special skill or knowledge, shall be paid a fee of an amount not less than the lower amount

specified in the High Court Rules in relation to expenses of witnesses possessing such skill or

knowledge and not more than the higher amount so specified.

2. A witness, other than a witness referred to in Item 1 of this Schedule, appearing before the

Committee to give evidence shall be paid:

(a) in the case of a witness remunerated by wages, salary or fees — a fee of the amount

specified, and as delimited, in the High Court Rules in relation to expenses of witnesses so

remunerated; or

(b) in any other case — a fee of the amount specified in the High Court Rules in relation to

expenses of witnesses generally.

3. A witness appearing before the Committee to give expert evidence shall be paid, in addition to any

other fee payable to him under Item 1 or 2 of this Schedule, a reasonable amount for qualifying to

give that evidence.

4. A witness appearing before the Committee to give evidence shall be paid a reasonable amount:

(a) in respect of his conveyance to and from the place at which he so attends; and

(b) if he is required to be absent overnight from his usual place of residence for meals

and accommodation.


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HIGH COURT RULES 2004 Schedule 2 - Schedule of fees for work done or services performed

The following items in Schedule 2 of the High Court Rules 2004 relate to witness expenses:

Item 49 Witnesses called because of their professional, scientific or other special skill or knowledge are to

be paid $1036.80 per day.

Item 50 Witnesses called, other than those covered in item 49 are to be paid $109.30 per day.

Item 51 Witnesses remunerated in their occupation by wages, salary or fees, the amount lost by

attendance at Court.

Item 52 Where the witness resides more than 50 kilometres from the Court, such sum as the Taxing

Officer thinks reasonable for the actual cost of conveyance, together with a reasonable amount for

sustenance or maintenance.

Item 53 The Taxing Officer may also allow such amount as the Taxing Officer thinks reasonable

and properly incurred and paid to witnesses for qualifying to give skilled evidence.

Item 54 Notwithstanding anything in the scale, the Taxing Officer may allow to an expert witness a

special fee for attendance at Court not covered by the foregoing paragraphs of this item when the

witness is acting as an expert in assisting counsel or a solicitor for a period during the trial or

hearing. The scale in this item does not affect the existing practice of allowing qualifying fees to

witnesses.

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PART 15

DEFENCE FORCE REGULATIONS 1952 – PART XIII – SUSPENSION AND FORFEITURE OF SALARY AND

ALLOWANCES

See:

ComLaw - Defence Force Regulations 1952 - homepage

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PART 16

DFDA INSTRUMENTS OF APPOINTMENT, AUTHORIZATION, DELEGATION AND DECLARATION

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CONTENTS

Note: Defence Legal Division, is responsible for the staffing of all DFDA Instruments of Appointment, Authorization or Delegation for CDF and the Service Chiefs. To avoid confusion and duplication, changes to all of the DFDA instruments listed below are to be actioned through Defence Legal Division. The instruments below may be amended from time to time. The current Instruments of Appointment, Authorization and Delegation are promulgated on the Defence Legal Division intranet webpage:

DL website - Appointments and authorisations

MINISTER FOR DEFENCE Appointment of Acting Judge Advocate General Appointment of the Director of Military Prosecutions Appointment of the Registrar of Military Justice CHIEF OF DEFENCE FORCE Appointment of Authorised Officers – Chief of the Defence Force Appointment of Superior Authorities – Chief of the Defence Force Appointment of Reviewing Authorities – Chief of the Defence Force Appointment of Superior Summary Authorities – Chief of the Defence Force Instruments of Delegation to Director Defence Counsel Services Command in Relation to the Consequences of the Punishment of Restriction of Privileges Conditions and Restrictions on Persons Charged with Service Offences and Released from Custody CHIEF OF NAVY Appointment of Authorised Officers – Chief of Navy Appointment of Superior Authorities – Chief of Navy Appointment of Reviewing Authorities – Chief of Navy Appointment of Superior Summary Authorities – Chief of Navy CHIEF OF ARMY Appointment of Authorised Officers – Chief of Army Appointment of Superior Authorities – Chief of Army Appointment of Reviewing Authorities – Chief of Army Appointment of Superior Summary Authorities – Chief of Army Determination under Part IXA of the DFDA – Chief of Army CHIEF OF AIR FORCE Appointment of Authorised Officers – Chief of Air Force Appointment of Superior Authorities – Chief of Air Force Appointment of Reviewing Authorities – Chief of Air Force Appointment of Superior Summary Authorities – Chief of Air Force DEPUTY CHIEFS OF SERVICE Declaration of Detention Centres – Deputy Chief of Navy Declaration of Detention Centres – Deputy Chief of Army Declaration of Detention Centres – Deputy Chief of Air Force


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COMMAND IN RELATION TO THE CONSEQUENCES OF THE PUNISHMENT OF RESTRICTION OF PRIVILEGES

Pursuant to subsection 68(3) and subsection 169FB(2) of the Defence Force Discipline Act 1982, I , Air Chief Marshal ANGUS HOUSTON, Chief of the Defence Force, direct that a commanding officer shall not moderate the consequences set out in paragraph 6(a) or (b) of the Defence Force Discipline (Consequences of Punishment) Rules except that this does not prevent the commanding officer of a convicted person who is subject to. a punishment of restriction of privileges from granting leave of absence to the person if the commanding officer is satisfied that it is appropriate to do so.

A.G. HOUSTON, AC, AFC Air Chief Marshal Chief of the Defence Force

CONDITIONS AND RESTRICTIONS ON PERSONS CHARGED WITH SERVICE OFFENCES AND RELEASED FROM CUSTODY

Pursuant to sub-section 97(1) of the Defence Force Discipline Act 1982, I , Air Chief Marshal ANGUS HOUSTON, Chief of the Defence Force, hereby authorize, for the purposes of section 97 of that Act, the following conditions and restrictions with regard to persons released from custody under that sub-section:

(a) the person shall not leave the unit, establishment or ship without the permission of the commanding officer or a member of the Defence Force authorized by the commanding officer;

(b) the person shall not enter such areas (if any) of the unit, establishment or ship as the commanding officer specifies;

(c) the person shall, if required to do so by the commanding officer or a member of the Defence Force authorized by the commanding officer, report at specified places at specified times;

(d) the person shall not communicate, either directly or indirectly, or associate, with such person or persons as may be specified by the commanding officer or a member of the Defence Force authorized by the commanding officer.

Dated this \4 k day of k \r 2008 T

/ A.G. HOUSTON, AC, AFC Air Chief Marshal Chief of the Defence Force

Australian Military Court Rules 2007

INSTRUMENT OF DELEGATION

I Air Chief Marshal Allan Grant Houston, AC, AFC, Chief of the Defence Force, hereby:

1. REVOKE all previous delegations made by the Chief of the Defence Force at any time pursuant to rules 14 and 21 of the Defence Force Discipline Rules 1985; and

2. DELEGATE with effect immediately all my powers pursuant to rules 27 and 32 of the Australian Military Court Rules 2007 to the person performing the duties of the office of the Director of Defence Counsel Services, provided that officer holds a rank not lower than Colonel (or equivalent).

/ A.G. HOUSTON, AC, AFC Air Chief Marshal Chief of the Defence Force

Defence Force Discipline Act 1982

APPOINTMENT OF SUPERIOR AUTHORITIES

Pursuant to section 5A of the Defence Force Discipline Act I982 (the Act), I Lieutenant General Kenneth James Gillespie, AO, DSC, CSM, Chief of Army, hereby revoke all previous appointments of Superior Authorities made by the Chief of Army at any time and appoint the person performing the duties of the positions specified in the Schedule to be Superior Authorities and to exercise the powers and functions that are conferred upon Superior Authorities under the Act and the Regulations under the Act.

Dated this

Fieuienant General Chief of Army

SCHEDULE

Deputy Chief of Anny Commander Forces Command Special Operations Commander Australia Commander lSt Division Commander of a Division or Brigade Deputy Special Operations Commander Australia Head of Capability Development - Army

Officers not below the rank of Colonel, holding or performing the duties of the following appointments or offices:

Commander Combat Support and ISTAR Group Director General Training Commander Land Combat Readiness Centre A Director General at Army Headquarters Commander Career Management Agency Commander of a formation as defined in Australian Military Regulation 3(1) or appointed under Australian Military Regulation 1 1 A(l) to exercise the powers and functions of a formation commander Commandant/Commander of a Military Instructional Institution, College or Centre Commander Force Support Group Commander of a Training Group Chief of Staff 1'' Division Chief of Staff of a Command or Division Chief of Staff - Army An Army Area Representative Assistant Chief of Staff Headquarters Forces Command Deputy Commander I Division Colonel Personnel Headquarters Forces Command



Pursuant to section 5A of the Defence Force Discipline Act I982 (the Act), I Lieutenant General Kenneth James Gillespie, AO, DSC, CSM, Chief of Army, hereby revoke all previous appointments of Superior Authorities made by the Chief of Army at any time and appoint the person performing the duties of the positions specified in the Schedule to be Superior Authorities and to exercise the powers and functions that are conferred upon Superior Authorities under the Act and the Regulations under the Act.

Dated this

Fieuienant General Chief of Army

SCHEDULE

Deputy Chief of Anny Commander Forces Command Special Operations Commander Australia Commander lSt Division Commander of a Division or Brigade Deputy Special Operations Commander Australia Head of Capability Development - Army


Commander Combat Support and ISTAR Group Director General Training Commander Land Combat Readiness Centre A Director General at Army Headquarters Commander Career Management Agency Commander of a formation as defined in Australian Military Regulation 3(1) or appointed under Australian Military Regulation 1 1 A(l) to exercise the powers and functions of a formation commander Commandant/Commander of a Military Instructional Institution, College or Centre Commander Force Support Group Commander of a Training Group Chief of Staff 1'' Division Chief of Staff of a Command or Division Chief of Staff - Army An Army Area Representative Assistant Chief of Staff Headquarters Forces Command Deputy Commander I Division Colonel Personnel Headquarters Forces Command


APPOINTMENT OF SUPERIOR SUMMARY AUTHORITIES

Pursuant to sub-section 105(1) of the Defence Force Discipline Act 1982 (the Act), I Lieutenant General Kenneth James Gillespie, AO, DSC, CSM, Chief of Army, hereby revoke all previous appointments of Superior Summary Authorities made by the Chief of Army at any time and appoint the person performing the duties of the positions in the Schedule to be Superior Summary Authorities and to exercise the powers and hnctions that are conferred upon Superior Summary Authorities under the Act and the Regulations under the Act.

Dated this day of

AO, DSC, CSM

hief of Army

SCHEDULE

Chief of the Defence Force Deputy Chief of Army Commander Forces Command Special Operations Commander Australia Deputy Special Operations Commander Australia Commander I " Division Commander of a Division or a Brigade Head of Capability Development - Army


Commander Combat Support and ISTAR Group Director General Training Commander Land Combat Readiness Centre A Director General at Army Headquarters Commander Career Management Agency Commander of a formation as defined in Australian Military Regulation 3(1) or appointed under Australian Military Regulation 1 1 A(l) to exercise the powers and functions of a formation commander Commandant/Commander of a Military Instructional Institution, College or Centre Commander of a Training Group Commander Force Support Group Chief of Staff of a Command or Division Chief of Staff - Army Chief of Staff 1" Division An Army Area Representative Assistant Chief of Staff Headquarters Forces Command Deputy Commander 1 " Division Colonel Personnel Headquarters Forces Command



Pursuant to section 5A of the Defence Force Discipline Act 1982 (the Act), I Air Marshal Mark Donald Binskin, AM, Chief of Air Force, hereby revoke all previous appointments of Superior Authorities made by the Chief of Air Force at any time and appoint the persons performing the duties of the positions specified in the Schedule to be Superior Authorities and to exercise the powers and functions that are conferred upon Superior Authorities under the Act and the Regulations under the Act.

SCHEDULE

Deputy Chief of Air Force Air Commander Australia

Dated this q-2.~ day of ,br*

M. D, BINSKIN, AM Air Marshal Chief of Air Force


APPOINTMENT OF SUPERIOR SUMMARY AUTHORITIES

Pursuant to sub-section 105(1) of the Defence Force Discipline Act 1982 (the Act), 1 Air Marshal Mark Donald Binskin, AM, Chief of Air Force, hereby revoke all previous appointments of Superior Summary Authorities made by the Chief of Air Force at any time and appoint the persons performing the duties of the positions specified in the Schedule to be Superior Summary Authorities and to exercise the powers and functions that are conferred upon Superior Summary Authorities under the Act and the Regulations under the Act-

SCHEDULE

Chief of the Defence Force Deputy Chief of Air Force Air Commander Australia Commander Integrated Area Defence System Director General Air Command Operations Director General Air Command Support Air Advisor (London) Air AttachC Washington Air Attache Jakarta Commander of a Group Head of Aerospace Systems Division, Defence Material Organisation Air Force Officers holding the position of Officer Commanding a System Program Office, Defence Material Organisation Officer Commanding a Wing Commandant RAAF College Officers in the Air Force superior in command to a Commanding Officer

/ Dated this ,-,&,A day of , L d a r 4 - 2008

M. D. BINSKIN, AM Air Marshal Chief of Air Force

Defence Force Discipline Regulations

DECLARATION OF DETENTION CENTRES

Pursuant to sub-regulation 5(1) of the Defence Force Discipline Regulations 1985, I, Major General P. Bruce Syrnon, AO, Deputy Chief of Amy, hereby revoke all previous declarations of detention centres made by Army officers pursuant to sub-regulation 5(1) of the Regulations and I hereby declare that the Detention Centres listed in the below Schedule shall be conducted as a Corrective Detention Centre, Area Detention or Unit Detention Centre as provided in the Schedule.

SCHEDULE

Unit Title Location Type

DFCE 13 BDE ARTC 4 FD REGT 1 RAR 2 RAR 5 RAR 6 RAR 3 MP COY AWMA 16 AD REGT SO1 SOA

Holsworthy Irwin Barracks Karrakatta Kapooka Lavarack Barracks Townsville Lavarack Barracks Townsville Lavarack Barracks Townsville Robertson Barracks Darwin Gallipoli Barracks Brisbane Simpson Barracks Watsonia Albury Wodonga Military Area Woodside Barracks SA Singleton Puckapunyal

Corrective Area Area Area Area Area Area Area Area Area Unit Unit Unit

Dated this N/~J Tk/ day of h%~c /9~eY 2009

DECLARATION OF DEZENTION CENTRES

Pursuant to subregulation S(1) of the Defence Form IXsciplbe Reguladom 1985, I, Air Viae Marshal Geoffrey Charles Brown AM, Deputy Chief of Air Force, M b y revoke all previous declarations of detention centres madc by ~ i r Force officers p m t to sub-qubion S(1) of the Regulations and I hereby d e c k that the Detention Centres listed in the below schedule shall be conducted a~ Area or Unit Detention Centres as provided in the Schedule.

RAAF Base Tindal RAAF Base Ambcrlcy , RAAF Base Williamtown RAAF Base Edinburgh RAAF Base ]Richmond RAAF Base East Sale RAAF Base Pearce MAF Base Wagga RAAF Williams (Laverton)

Area Area Area Area Unit Unit Unit Unit Unit


PART 17

DFDA DISCIPLINE FORMS

See:

DL Intranet - DFDA Discipline Forms

INTENTIONALLY BLANK

As at Oct 09

http://intranet.defence.gov.au/dsg/sites/LegalResources/default.asp?Page=10733&Title=DFDA%20Forms


INTENTIONALLY BLANK

As at Oct 09

1

Group Form

No. Title of Form

DFDA section(s)

Other Relevant

Legislation*

Foundational

Discipline

Forms

A1

A2

A3

A4

A5

A6

A7

A8

Foundational discipline forms

Appointment of ‘Commanding Officer’ for disciplinary purposes

Declaration of detachment

Authorization of ‘relevant officer’ to give infringement notices

Appointment of ‘discipline officer’

Discipline officer monthly report

Authorization of member for the laying of charges

Appointment of Subordinate Summary Authority (SUBSA)

Authorization of Member for the administration of minor punishments

5(1)

113

169D

169B

169GA & 169H

87(6)(b)

105(2), 108 & 111(1)

3(2)(b) Conseq

Punishment Rules

Investigation

of Offences

B1

B2

B3

B4

B5

Preliminary

Affidavit

Suspension from duty of member suspected of having committed a

service offence

Suspension from duty of member charged with offence

Search warrants

Information for search warrant

Search warrant – land, premises, ship, aircraft and vehicle

86A, 101AA

98(2)

98(1)

101X

101X(2)

DFD Reg 16

2

B6

B7

B8

B9

B10

B11

B12

B13

B14

B15

B16

Search warrant – person, clothing of, or property in custody of person

Arrest and detention

Warrant for arrest of person suspected of having committed service

offence

Certificate for detention of arrested person in civil detention facility

Certificate for release of person in custody in civil detention facility

Evidence

Request to take evidence (prints, sound recording, handwriting,

photographs)

Approval to take evidence (prints, sound recording, handwriting,

photographs)

Notification to suspect of rights in relation to identification parade

Consent to medical examination or taking of specimen

Application to arrange medical examination or taking of specimen

Approval of arrangements for medical examination or taking of

specimen

Extension of period for destruction of medical report

101X(1)

90

94(2)

97

101L(3)

101L & 101(1)

101N

101Q & 101QA

101Q(3)

101Q

101Q

3

Defence Form Discipline Regulations 1985 forms (investigation

and evidence)

• Form 2 – Certificate of appropriate witness

• Form 3 – Explanation to accused of procedure of recording

interview

• Form 4 - Acknowledgement of suspect in relation to the holding

of an identification parade

• Form 5 – Acknowledgement of consent to search

• Form 6 – Appointment of authorised tester

• Form 7 – Certificate of testing of speed measuring device (valid

for 12 months)

• Form 8 – Certificate of having operated a speed measuring device

101K(4)(d)(ii)(B)

101K(4)(e)

101N(2)

101ZA(2)

DFD Reg 39

DFD Reg 40

DFD Reg 42

DFD Reg 43

DFD Reg 25A(4) &

25A(8)

DFD Reg 25A(9)

DFD Reg 25A(10)

Infringements

and Charges

C1

C2

C3

C4

Infringements and charges

Infringement notice

Charge sheet and action report

Summons to alleged offender to appear before Service Tribunal

Referral of charge to Director of Military Prosecutions prior to

summary authority proceedings

169D

87

105A & 129D(2)

SAR Rule 7

4

Defence Force Discipline Regulations 1985 forms

• Form 1 – Caution to person charged or summoned

101D(2)

DFD Reg 36

Service

Tribunal

Proceedings

D1

D2

D3

D4

D5

D6

Appearance

Summons to witness to appear before a Service Tribunal

Summons to accused person who failed to attend hearing of a charge

Warrant for arrest of accused person who failed to attend hearing of

charge

Defence Force Discipline Regulations 1985 form

• Form 1A Oath and Affirmation

Proceedings

Record of proceedings

Election to the Australian Military Court (AMC)

‘Upfront’ election to have charged tried by a court martial or Defence

Force magistrate

‘During trial’ election to have charge tried by a court martial or

Defence Force magistrate

138(2)

88(1)

88(1)(b)(ii)

86A(2) & 101AA(2)

148

111B & 111C

131 &131AA

DFD Reg 33A & 35A

SAR Rule 77

5

D7

D8

D9

Referral of charge

Referral of charge by a summary authority to another summary

authority

Referral of charge to the Director of Military Prosecutions by a

summary authority

Referral of charge to the Director of Military Prosecutions where

member elects to have a charge tried by a court martial or Defence

Force magistrate

108A(2), 110(1)(c), 110(1)(e),

111(2)(c), 112 & 141(9)

109(b), 101(d), 103(5), 131A,

145(1) &145(3)

111C(3) & 131AA(3)

Conviction

and

Punishment

E1

E2

E3

E4

E5

Pre-sentence reporting

Pre-sentence report

Undertakings

Undertaking to be of good behaviour – conviction without punishment

Warrant of commitment

Warrant of commitment to detention

Warrant of commitment to imprisonment

Suspension from duty

Suspension from duty of member convicted of an offence pending

review or decision as to termination of service

70

75(2)

170

170 & 171(1)

99(2)

6

E6

E7

Certification of evidence

Certificate of evidence of fine or reparation order

Certificate of evidence regarding service offence

175

191

Review of

Summary

Authority

Proceedings

F1

Suspension from duty

Suspension from duty of convicted member - pending approval of

punishment by a Reviewing Authority

99(1)

Custody and

Detention

H1

H2

H3

H4

H5

H6

Appointments and authorizations

Appointment of officer in charge of detention centre

Appointment of visiting officer

Person authorized to open correspondence

Authorized member or authorized person of custodial facility

Officer authorized to release persons from custody

Evidence

Approval to give copy of prints or photographs of detainee to another

person

3(17)

195A(4)

97

178B

DFD Reg 13

DFD Reg 20,21 & 22

7

H7

Declaration of detention centre

Declaration of unit detention centre

DFD Reg 5(1)

Defence

Civilians

I1

I2

Authority for person to accompany part of Defence Force

Consent by civilian to be subject to Defence Force discipline

3(1)

3(1)

Other relevant legislation:

DFD Reg – Defence Force Discipline Regulations 1985

SAR – Summary Authority Rules 2009

Courts Martial and Defence Force Magistrates Rules 2009

Conseq Punishment Rules – Defence Force Discipline (Consequences of Punishment) Rules

Form A1

Appointment of ‘Commanding Officer’ for disciplinary purposes Sub-sections 5(1) and 5(3) of the Defence Force Discipline Act 1982

1 Insert rank, full name and

PMKeyS ID. 2 Insert either of the

following: * rank, full name and

PMKeyS ID; or * position title and position

establishment number. 3 If the appointment is made in

respect of a particular person insert “in relation to [rank (if applicable) and name]”.

If the appointment is made in

respect of a particular body of members insert “in relation to (description of body of members)”.

4 Insert either of the

following: * during the period on and

from (date) to and including (date); or

* for the period that he/she

holds or performs the position of (insert position title and position establishment number) [delete he or she as applicable].

5 Insert “he” or “she” as

applicable. 6 If exceptions to appointment

are to apply set them out here. If there are no exceptions to the appointment, delete words after (4).

7 If appointment is to take

place after date of signature, insert date here. If there is no delay in appointment, or period of appointment is specified at (4), delete this paragraph.

8 Signature of authorized

officer. 9 Insert “authorized officer”

and the appointment by which the member is specified as an authorized officer. Refer to DLM Volume 1 Part 16.

Pursuant to sub-section 5(1) of the Defence Force Discipline Act 1982, I,

..........................(1), an authorized officer for the purposes of that sub-section,

hereby appoint ...........…………...(2) to exercise, …………...…..(3) all the

powers conferred on a commanding officer by or under that Act, …………(4)

except that.……........(5) shall not: ………………………………(6)

This appointment is to take effect on ………………….. (7)

Dated....................................... ..............................................(8)

..…………………………....(9)

Note: Refer to DLM VOL 3, Chapter 3 ‘Administration of Unit Discipline: Appointments and

Authorizations’ for further information regarding the appointment of an Officer as a

Commanding Officer for disciplinary purposes.

Form A2

Declaration of detachment Section 113 of the Defence Force Discipline Act 1982


PMKeyS ID. 2 Describe the organized

body of members of the Defence Force, for example, “No. 2 SQN Det A”.

3 Insert the name of the

parent unit. 4 Insert name of place or

other description of intended duty.


PMKeyS ID. 6 Tick the applicable

sections to restrict or limit the powers of the officer in command, or mark as “not applicable”. If required, list the limitations.

Where no limitations or

restrictions apply, delete paragraph and table.

7 Signature of authorized

officer. 8 Insert “authorized

officer” and the appointment allowing member to act as an authorized officer. Refer to DLM Volume 1

Part 16.

Pursuant to sub-section 113(2) of the Defence Force Discipline Act 1982

I, …………......... (1), an authorized officer for the purposes of that sub-section,

hereby declare the following to be a detachment for the purposes of section 113 of

that Act:

• The organized body of members: ..........................(2)

• From: ……………………………………………...(3)

• Detached to: ............................................................(4).

………………………..(5) has been appointed as the officer in command of that

detachment and may, subject to any determination below, exercise the powers of a

commanding officer in Part VII of the Act.

Pursuant to sub-section 113(1) of the Act, I, an authorized officer for the purposes

of that sub-section, hereby determine the following limitations and restrictions

upon the exercise by the officer in command of that detachment of the powers of a

commanding officer under Part VII of the Act, namely (6): DFDA

Reference Powers conferred on officer in command

under section of that Act

Restrict or Limit

Restrictions or Limitations

105(2) Appoint a SUBSA □

105A(2) Refer a charge, before dealing, to the DMP. □

107(1) Jurisdiction to deal with any charge against any person □

107(2)(a) Jurisdiction to try a charge against an ADF member of or below LEUT in the Navy (or equivalent)

□

107(2)(b) Trying a charge against a person who is not an ADF member

□

110(1)(a) Try a charge within his or her jurisdiction □

110(1)(b) Direct a charge not proceed □

110(1)(c) Refer a charge to a SUPSA □

110(1)(d) Refer a charge to the DMP □

110(1)(e) Refer a charge to another CO □

Dated....................................... .....................................................(7)

………………………………….(8) Note: Refer to DLM VOL 3, Chapter 3 ‘Administration of Unit Discipline: Appointments and Authorizations’

for further information and guidance about the appointment and powers of detachment commanders.

Form A3

Authorization of ‘relevant officer’ to give infringement notices Sub-section 169D(4) of the Defence Force Discipline Act 1982

1 Insert rank and

full name. 2 Insert either of

the following: * of (name of

unit); or *for disciplinary

purposes (pursuant to

sub-section 5(1) of that Act).

3 Insert one of the

following: * rank, full name

and PMKeyS ID of member or members;

* members of the

rank of non-commissioned officer or above;

*the member

holding or performing the duties of (position title and position establishment number) being a member of the rank of non-commissioned officer or above; or

*describe the class of members, limiting the class to members who are of the rank of non-commissioned officer or above.

4 Tick box to

indicate which rank(s) the relevant officer may infringe and rule out ranks which are not applicable taking into account guidance provided in DLM Volume 3, Chapter 5 (Discipline Officer Scheme – Minor Disciplinary Infringements).

5 Signature of

commanding officer.

Pursuant to sub-section 169D(4) of the Defence Force Discipline Act 1982, I,

............................…………………(1), Commanding Officer ..................……................ (2)

hereby authorize .......................…………................(3) to give infringement notices in

accordance with Part IXA of that Act to members under my command of the rank(s)

identified below (4):

Navy Army Air Force

Lieutenant □ Captain □ Flight Lieutenant □Sub-Lieutenant □ Lieutenant □ Flying Officer □Acting Sub-Lieutenant □ Second Lieutenant □ Pilot Officer □Midshipman □ Officer Cadet □ Officer Cadet □Warrant Officer# □ Warrant Officer (Class 1)# □ Warrant Officer# □Chief Petty Officer □ Warrant Officer (Class 2)# □ Flight Sergeant □ Staff Sergeant □

Petty Officer □ Sergeant □ Sergeant □Leading Seaman □ Corporal □ Corporal □ Lance Corporal □

Able Seaman □ Leading Aircraftman □Seaman □ Private □ Aircraftman □

Dated....................................... ...........................................................(5)

Commanding Officer

# Note: This authorisation does not allow a relevant officer to infringe a Warrant Officer, or a class of Warrant Officers excluded by a Service Chief, in writing, from the discipline officer scheme under s 169BA the Act.

Form A4

Appointment of ‘discipline officer’

Section 169B

of the Defence Force Discipline Act 1982

1 Insert rank and

full name and PMKeyS ID.


following: * of (name of unit);

or *for disciplinary



3 Within the limit

that the member(s) appointed must be Officers or Warrant Officers, insert one of the following:

*rank and full

name of member or members;

*the member

holding or performing the duties of (position title and position establishment number) being an Officer or Warrant Officer; or

*description of

the class of members.


following: * a discipline

officer; or *discipline

officers. 5 Signature of

commanding officer.

Pursuant to section 169B of the Defence Force Discipline Act 1982, I, ...............................(1),

Commanding Officer ……….......................(2), hereby appoint ......................................(3) to be

.........................................(4) for the purposes of Part IXA of that Act. A member appointed under

this form may deal with infringed members, as determined by the rank of the discipline officer and

indicated in the relevant section(s) of the table below, in accordance with Part IXA of that Act.

Discipline Officer Infringed Member Possible Punishments

Midshipman

Able Seaman Navy

Seaman

Officer Cadet Army

Private

Officer Cadet

Leading Aircraftman/woman

Any Discipline Officer

(Warrant Officer or

Officer)

Air Force

Aircraftman/woman

Fine, not exceeding 1 days pay

Restriction of privileges, not exceeding 2 days

Stoppage of leave, not exceeding 3 days

Extra duties, not exceeding 3 days

Extra drill, for no more than two 30 minute sessions

each day, not exceeding 3 days

Reprimand

Lieutenant

Sub-Lieutenant Navy

Acting Sub-Lieutenant

Captain

Lieutenant Army

Second Lieutenant

Flight Lieutenant

Flying Officer

Discipline Officer who

is an Officer senior to

the infringed member

by at least one rank

Air Force

Pilot Officer


Reprimand

Warrant Officer#

Chief Petty Officer

Petty Officer Navy

Leading Seaman

Warrant Officer (Class 1 or 2)#

Staff Sergeant

Sergeant

Corporal

Army

Lance Corporal

Warrant Officer#

Flight Sergeant

Sergeant

Discipline Officer of, or

above the rank of:

– Lieutenant

Commander

– Major

– Squadron Leader

Air Force

Corporal


Reprimand

Dated....................................... ................................................................(5)

Commanding Officer

# Note: This appointment does not allow a discipline officer to deal with and impose a punishment on a Warrant Officer, or a class of Warrant Officers excluded from the discipline officer scheme by a Service Chief, in writing pursuant to DFDA Section 169BA.

1

Form A5

Discipline officer monthly report Sections 169GA and 169H of the Defence Force Discipline Act 1982

Notes:

• This report must be supplied to the Commanding Officer (CO) who appointed the discipline officer. • A monthly report must be submitted even when the discipline officer did not deal with any infringements

during a month. • This record must be destroyed 12 months from the date of the last discipline officer hearing recorded on this

form, or if a nil return, 12 months from the report date. Part 1 – Discipline Officer (DO) details Surname: Given name(s): Rank: Employee ID:

Unit: Phone: E-mail:

CO for whom report is prepared: CO’s unit(s) of command:

Part 2 – Monthly summary Reporting period: Number of infringements dealt with during period:

Signature DO: Date:

Part 3 – Details of DO hearings First hearing Surname: Given name(s): Rank: Employee ID:

Unit: Date of DO hearing:

Infringement:

Absence from duty (s 23) □ Absence without leave (of less than 3 hours) (s 24) □ Disobedience of a lawful command (s 27) □ Failure to comply with a lawful general order (s 29) □ Irregularities on guard or watch (s 32 □(1)) Negligent performance of duty (s 35) □ Prejudicial conduct (s 60) □

Action Taken: No Punishment □

Punishment Imposed □

Referred to Authorized member □

Punishment imposed (if relevant): Fine not exceeding 1 days pay □ Restriction of privileges not exceeding 2 days □ Stoppage of leave, not exceeding 3 days □ Extra duties, not exceeding 3 days □ Extra drill, not exceeding 3 days □ Reprimand □

2

Second hearing Surname: Given name(s): Rank: Employee ID:


Infringement Type:

Absence from duty (s.23) □ Absence without leave (of less than 3 hours) (s.24) □ Disobedience of a lawful command (s.27) □ Failure to comply with a lawful general order (s.29) □ Irregularities on guard or watch (s.32 □(1)) Negligent performance of duty (s.35) □ Prejudicial conduct (s.60) □




Punishment imposed (if relevant): Fine not exceeding 1 days pay □ Restriction of privileges not exceeding 2 days □ Stoppage of leave, not exceeding 3 days □ Extra duties, not exceeding 3 days □ Extra drill not exceeding 3 days □ Reprimand □

Third hearing Surname: Given name(s): Rank: Employee ID:


Infringement Type:

Absence from duty (s.23) □ Absence without leave (of less than 3 hours) (s.24) □ Disobedience of a lawful command (s.27) □ Failure to comply with a lawful general order (s.29) □ Irregularities on guard or watch (s.32 □(1)) Negligent performance of duty (s.35) □ Prejudicial conduct (s.60) □




Punishment imposed (if relevant): Fine not exceeding 1 days pay □ Restriction of privileges not exceeding 2 days □ Stoppage of leave, not exceeding 3 days □ Extra duties, not exceeding 3 days □ Extra drill not exceeding 3 days □ Reprimand □

Note: Print and attach additional pages as required where more than 3 DO dealings within reporting period.

Form A6

Authorization of member for the laying of charges Paragraph 87(6)(b) of the Defence Force Discipline Act 1982

1 Insert rank, full

name and PMKeyS ID.

2 Insert either of





3 Insert one of the


of member and PMKeyS ID;

*the member

holding or performing the duties of (position title and position establishment number); or

*describe class of

members. 4 Insert either of

the following: *an authorized

member; or *authorized

members. 5 Signature of

commanding officer.

Pursuant to paragraph 87(6)(b) of the Defence Force Discipline Act 1982, I,

.............…………..........(1), Commanding Officer ............................. (2), hereby

authorize ………………..…..(3) to be .............................................(4) for the purposes of

section 87 of that Act.

Dated....................................... ........................................................(5)

Commanding Officer

Form A7

Appointment of Subordinate Summary Authority (SUBSA)

Sub-section 105(2), section 108 and sub-section 111(1) of the Defence Force Discipline Act 1982 1 Insert rank, full name

and PMKeYS ID. 2 Insert either of the

following: * of (name of unit); or *for disciplinary

purposes (pursuant to sub-section 5(1) of that

Act). 3 Insert one of the

following: *rank, full name and

PMKeyS ID of officer; *the member holding or

performing the duties of (position title and position establishment number)being an officer; or

*describe class of

officers. 4 Insert “he” or “she”

as required. 5 If relevant, insert either of the following: *rank, full name and PMKeyS ID of member ; or *describe class of member. otherwise strike out. 6 List relevant provisions

of the Defence Force Discipline Act 1982. Refer to DLM Volume 3 Chapter 6 for details

(Charging Service Offences for Trial by Summary Authority). 7 List of relevant

provisions of the Defence Force Discipline Act 1982.

Note: Summary Authorities cannot be authorized to try prescribed offences. Refer to DLM Volume 3 Chapter 6 (Charging Service Offences for Trial by Summary Authority).

Pursuant to sub-section 105(2) of the Defence Force Discipline Act 1982,

I, ........................…… (1), Commanding Officer .................……… (2), hereby appoint

...............………........(3) to be a Subordinate Summary Authority (SUBSA).

I hereby notify that SUBSA, pursuant to section 108 of that Act, that .……(4) has jurisdiction to deal

with charges of service offences provided in column 2 of Table 1, in relation to the members in column

1.

But, pursuant to sub-section 111(1) of that Act, I direct that the SUBSA is not to deal

with charges against the following persons: ................……………….....................(5)

Table 1: Jurisdiction to deal with service offences

Rank of member Service offences

- Warrant Officer

- Member below NCO

- Non-Commissioned Officer (NCO)

…………………………………….(6)

…………………………………….

……………………………………

- Officer Cadet or Midshipman

………………………….…………

In addition and pursuant to section 108 of the Act, I hereby notify the SUBSA that …..…..…(4) has

jurisdiction to try charges of services offences provided in column 2 of Table 2, in relation to members

in column 1.

Table 2 - Jurisdiction to try service offences

Rank of member Service offences

- Corporal (Army / Air Force) and below

- Leading Seaman (Navy) and below

……………………………………. (7)

…………………………………….

- Officer Cadet or Midshipman …………………………………….

Dated....................................... .................................................(8)

Commanding Officer 8 Signature of

commanding officer.

Form A8

Authorization of member for the administration of minor punishments Paragraph 3(2)(b) of the Defence Force Discipline (Consequences of Punishment) Rules 1986

1 Insert rank and

full name. 2 Insert either of




sub-section 5(1) of the Defence Force Discipline Act 1982.

3 Insert one of the


and PMKeyS ID of member;

*the member

holding or performing the duties (position title and position establishment number); or

* describe class

of members. 4 Insert either of

the following: *an authorized


members. 5 Signature of

commanding officer.

Pursuant to paragraph 3(2)(b) of the Defence Force Discipline (Consequences of

Punishment) Rules 1986, I, ..........................……...............(1), the Commanding Officer

of .................……………............(2), hereby authorize ……………………............(3) to

be ............................................(4) for the purposes of those Rules.

Dated....................................... ............................................................(5)

Commanding Officer

Form B1

Affidavit

1 Insert the name,

address and occupation of person making the statement.

2 If the person makes an

affirmation insert “do solemnly, sincerely and

truly affirm and declare”.

If the person makes an

oath insert “being duly sworn, make oath and say”.

3 Set out the details of

the matters declared or stated in numbered paragraphs.

4 Signature of person

making the declaration.

5 Insert either “sworn”

or “affirmed” 6. Place 7 Day of month 8 Month and year 9 Signature of person

witnessing the declaration.

10 Insert one of the

following: *Commanding Officer; *an officer authorized

by the Chief of the Defence Force or a Service Chief to administer

oaths and affirmations for the purposes of Part V (or Part VI) of the

Defence Force Discipline Act 1982; [refer to s86A and s101AA DFDA, and DLM VOL 1 Part 16, ‘Instrument of Appointment of Authorized Officers’]

*Justice of the Peace; *a person authorized to

take affidavits in (name State or Territory); or

*if on service outside

Australia, insert “A competent officer for the purposes of Regulation 16 of the Defence Force Regulations 1952”.

I, …………………….. ………….(1) , …………………………… (2) as follows:

1. ………………………………………………………………………………………. 2. .………………………………………………………………………………………

3. …………………………………………………………………………………… (3)

……………………(4)

………………….. (5) at ……………………….(6) on this ……………….. (7) day of ……………………(8) Before me,

……………………………………(9)

…………………………………… (10)

Form B2

Suspension from duty of member suspected of having committed a service offence

Sub-section 98(2) of the Defence Force Discipline Act 1982 1 Insert rank, full

name and PMKeyS ID.

2 Insert name of unit. 3 Insert rank, full

name and PMKeyS ID.

4 Describe service

offence by reference to the section/s of the Defence Force Discipline Act 1982 and the statement of offence (refer to the Summary Authority Rules 2009 and/or the Courts Martial and Defence Force Magistrates Rules 2009).

5 Signature of

authorized officer. 6 Insert “authorized

officer” and the appointment by which the member is specified as an authorized officer. Refer to DLM Volume 1 Part 16.

To................................................. (1) of ..............................…….......... (2).

I,.........................……………….(3), an authorized officer for the purposes of sub-

section 98(2) of the Defence Force Discipline Act 1982, suspect that you, a member of

the Defence Force, have committed a service offence, namely,

...................…… ……………………..................(4).

I have ordered an investigation into that alleged offence, and pursuant to the above sub-

section hereby suspend you from duty.

Dated.......................................

...................................................................(5)

……………………………………...........(6)

Notes: • This notice must be served on the member of the Defence Force in a manner set out in the

Defence Force Discipline Regulations 1985, regulation 34. For example; by delivery to the person, by prepaid postage to the person’s last known place of residence or business etc.

• Refer to DLM Volume 3, Chapter 4 for guidance on the decision to suspend a member and the

requirements of natural justice and fairness that apply to the process of making a decision to suspend a member from duty.

Form B3

Suspension from duty of member charged with offence

Sub-section 98(1) of the Defence Force Discipline Act 1982 1 Insert rank, full

name and PMKeyS ID.

2 Insert name of unit. 3 Insert one of the

following: *a service; * a civil court; or *an overseas. 4 Describe offence

briefly by reference to relevant law and particulars of the act or omission.

5 Insert rank, full name and PMKeyS ID. 6 Signature of

authorized officer 7 Insert ‘Authorized

Officer’, and the appointment by which the member is specified as an authorized officer (Refer to DLM Volume 1 Part 16).

To.......................……………………(1) of .................……………………………(2).

You, a member of the Defence Force, have been charged with ..................…........(3)

offence, namely………………………..............................(4).

Pursuant to sub-section 98(1) of the Defence Force Discipline Act 1982, I

................……(5), an authorized officer for the purposes of that sub-section, hereby

suspend you from duty.

For the period of your suspension, you are not entitled to remuneration. You may

however make an application to me (or another authorized officer) seeking a direction

that you are to receive remuneration for the whole or part of your suspension. I (or that

other authorized officer) may, in response to that application or independently, direct

that you receive remuneration for the whole or part of your suspension.

Dated.......................................

......................................................(6)

......................................................(7)

Notes: • This notice must be served on the member of the Defence Force in a manner set out in the

Defence Force Discipline Regulations 1985, regulation 34. Personal service is encouraged where practicable.

• Refer to DLM Vol 3, Chapter 6 for guidance regarding the decision to suspend a member after

a charge. The guidance provided in that chapter applies equally regardless of whether the charge is for a service offence, civil court or overseas offence. In particular, an authorized officer should refer to the requirements of natural justice and fairness that apply to the process of making a decision to suspend a member form duty.

Form B4

Information for search warrant Section 101X of the Defence Force Discipline Act 1982

1 Insert the name, address and occupation of person making the statement.

2 Insert “an investigating

officer” or describe position. 3 If the person makes an oath

insert: “being duly sworn, make an oath and say”.

If the person makes an affirmation insert: “do solemnly, sincerely and truly affirm and declare”.

4 State in detail (and

paragraphs if necessary) the relevant basis for reasonable suspicion.

5 Describe the thing or things. 6 Describe service offence by

reference to the section/s of the Defence Force Discipline Act 1982 and the statement of offence (refer to Summary Authority Rules 2009 or the Courts Martial and Defence Force Magistrates Rules 2009).

7 Strike out items not relevant

in each table below depending on scope of warrant sought.

8 In the description column,

insert full name, rank and PMKeyS ID (if applicable) of member or Defence civilian to be searched.

9 In the description column,

provide details of the land, premises, ship, aircraft or vehicle to be searched.

10 Signature of person making

the statement or declaration. 11 Insert with “Sworn” or

“Affirmed”. 12 Place 13 Day 14 Month and year 15 Signature of person before

whom the declaration is made.

16 Insert name, and where

applicable the service particulars and position held by the witness

17 Insert one of the following: *An officer authorized by the

Chief of the Defence Force or a Service Chief to administer oaths and affirmations for the purposes of Part V (or Part VI) of the Defence Force Discipline Act 1982 [refer to s 86A or s 101AA DFDA, and DLM VOL 1 Part 16]

*Justice of the Peace; *A person authorized to take

oaths and affirmations in (name State or Territory); or

*If on service outside

Australia, ‘A competent officer for the purposes of Regulation 16 of the Defence Force Regulations 1952’.

I, …………………….(1), ….....................(2), …………………. (3) the

following:

…………………………………………………….(4).

I allege that, by reason of the abovementioned matters, there are reasonable

grounds for suspecting that a thing of a particular kind namely,

...……………………………............(5) connected with the service offence of

......................................................(6) may be found as indicated below (7):

Table 1: Particulars of inspection

Location Item /place inspected Description

On (8)

In clothing worn by (8)

(a) Person,

clothing

or

property

Refer to ss101X(1)

In/on property under the

immediate control of (8)

Now or within the next following twenty-four hours:

Upon land, namely (9)

In premises, namely (9)

In a ship, namely (9)

In an aircraft, namely (9)

(b) Land,

premises,

ship,

aircraft

or vehicle

Refer to ss101X(2) In a vehicle, namely (9)

……………………...................(10)

………………...........(11) at …………………………….(12)

on this ……………(13) day of ……………………(14)

Before me,

……………………………(15)

……………………………(16)

…………………………… (17)

Note: Where this ‘information’ is prepared to support a request for warrant by telephone pursuant to DFDA s101Y, application for the warrant may occur prior to the information being sworn or affirmed. This ‘information’ is to be attached to the form of warrant prepared by the investigating officer recording the grounds and terms of the warrant granted by the authorized officer.

Form B5 Search warrant - land, premises, ship, aircraft and vehicle

Sub-section 101X(2) of the Defence Force Discipline Act 1982

1 Insert rank, full name

and PMKeyS ID. 2 Insert either” oath” or

“affirmation”. 3 Insert rank, full name

and PMKeyS ID. 4 Insert name of unit or

place. 5 Describe the land,

premises, ship, aircraft or vehicle.

6 Describe things. 7 Describe service

offence by reference to the section/s of the Defence Force Discipline Act 1982 and the statement of offence (refer to Summary Authority Rules 2009 or the Courts Martial and Defence Force Magistrates Rules 2009).


and PMKeyS ID of authorized officer.


following: at any time of the day

or night; or at any time during the

hours of (state hours). 10 Insert a date which is not later than one month after the date on which the warrant is issued. 11 Insert either “that” OR “those”. 12 Insert one of the following: land; premises; ship; aircraft; or vehicle. 13 Signature of

authorized officer. 14 Insert “Authorized

Officer” and the appointment by which the member is specified as an authorized officer. Refer to DLM Volume 1 Part 16.

To................................…………..(1), an investigating officer within the meaning of

Part VI of the Defence Force Discipline Act 1982.

Information has been laid before me on ………………..(2) by

.........................……….….(3) of .....................……………(4) that there are grounds

for suspecting that there may be now, or in the next following 24 hours upon, or in,

....…………………………(5) certain things, namely ...........………………….......(6),

being things connected with a service offence, namely

...............………………………(7).

Pursuant to sub-section 101X(2) of that Act, I,...................…………………(8), an

authorized officer for the purposes of that sub-section, being satisfied that those

grounds are reasonable grounds for the issue of a search warrant, hereby authorize

you.............………………………….(9), before ..........................................(10), with

such assistance as you require, and if necessary by force to:

1. enter upon and in and search .................................(11).............................(12)

for things of the kind described above;

2. seize any thing of the kind described above found in the course of the search

that you believe on reasonable grounds to be connected with that offence; and

3. store any such things in a place of safety, until they can be brought before a

summary authority with the person or persons charged with the service

offence with which the things are connected.

Dated....................................... ............................................................(13)

………………………………………(14) Notes:

• This form of warrant may be used to record a warrant granted by telephone in accordance with s 101Y of the Act. The investigating office and the authorized officer must each complete a copy of the form, recording the grounds and purpose of the warrant. Section 101Y of the Act requires further action following the granting of the warrant. Further instruction is provided in DLM Volume 3, Chapter 4, Annex A on those requirements.

• Powers of seizure extend to: a) items not of the kind specified in the warrant, but related to the service offence; and b) things believed to be connected to another service offence.

• To prevent concealment, loss and destruction of a thing, or its use in committing, continuing or repeating a service offence, this warrant authorizes the investigating officer to seize that thing (sub-paragraph 101X(5)(b) of the Act).

Form B6 Search warrant – person, clothing of, or property in custody of person

Sub-section 101X(1) of the Defence Force Discipline Act 1982 1 Insert rank, full

name and PMKeyS ID

2. Insert either “oath”

or “affirmation”. 3 Insert rank (if

applicable) full name and PMKeyS ID of person laying information.

4 Insert name of unit

or place. 5 Describe things. 6 Describe service

offence by reference to the section/s of the Defence Force Discipline Act 1982 and the statement of offence (refer to the Summary Authority Rules 2009 or the Courts Martial and Defence Force Magistrates Rules 2009).

7 Insert one of the

following: *on; *in clothing being

worn by; or *in property in

immediate control by.

8 Insert rank, full

name and PMKeyS ID of person to be searched.

9 Insert rank, full

name and PMKeyS ID of authorized officer..

10 Insert a date which

is not later than one month after the date on which the warrant is issued.

11 Insert rank, full

name and PMKeyS ID.

12 Insert “him” or

“her”. 13 Insert “his” or

“her”. 14 Signature of

authorized officer. 15 Insert “authorized


To ...................................… (1), an investigating officer within the meaning of Part VI

of the Defence Force Discipline Act 1982.

Information has been laid before me on ........................……(2) by

……………………………..(3) of ...................................…(4) that there are grounds

for suspecting that certain things, namely .........…………………..………………….(5),

being things connected with a service offence, namely

…………………………………...(6) may be found ……………………..(7)

………………………(8).

Pursuant to sub-section 101X(1) of the Act, I, ..........................……………… (9), an

authorized officer for the purposes of that sub-section, being satisfied that those

grounds are reasonable grounds for the issue of a search warrant, hereby authorize

you.........................………………(10), before .......................……...(11), with such

assistance as you require, and if necessary by force, to:

1. search............………………….........(12) and clothing being worn by

....………..(13) and property under...................(14) immediate control for things

of the kind described above;

2. seize any thing of the kind described above found in the course of the search

that you believe on reasonable grounds to be connected with that offence; and

3. dispose of any things in a place of safety until they can be brought before a

summary authority with the person or persons charged with the service offence

with which the things are connected.

Dated....................................... ...................................................(15)

..……………………………….(16)

Notes: • This form of warrant may be used to record a warrant granted by telephone in accordance with s 101Y of the Act. The investigating officer and the authorized officer must each complete a copy of the form, recording the grounds and purpose of the warrant. Section 101Y of the Act requires further action following the granting of the warrant. Further instruction is provided in DLM Volume 3, Chapter 4, Annex A on those requirements. • Powers of seizure extend to:

a) items not of the kind specified in the warrant, but related to the service offence; and b) things believed to be connected to another service offence.

• To prevent concealment, loss and destruction of a thing, or its use in committing, continuing or repeating a service offence, this warrant shall authorize the investigating officer to seize that thing (sub-paragraph 101X(5)(b) of the Act).

Form B7

Warrant for arrest of person suspected of having committed service offence

Section 90 of the Defence Force Discipline Act 1982 1 Insert rank, full

name and PMKeyS ID.

2 Insert rank, full

name and PMKeyS ID.

3 Insert date. 4 Insert place. 5 Describe service

offence by reference to the section/s of the Defence Force Discipline Act 1982 and the statement of offence (refer to Summary Authority Rules 2009 and the Courts Martial and Defence Force Magistrates Rules 2009).

6 Insert either

“him” or”her”. 7 Insert address or

name of unit. 8 Insert date that warrant ceases

to have effect.

9 Signature of authorized officer.

10 Insert

“authorized officer” and the appointment by which the member is specified as an authorized officer. Refer to DLM Volume 1 Part 16.

To all members of the Defence Force and to all members of the Australian Federal Police

or of the Police Force of a State or Territory of the Commonwealth.

Information has been furnished to me, ..................................……………. (1), an

authorized officer for the purposes of section 90 of the Defence Force Discipline Act

1982, that ................................…………....(2), described in the attached schedule,

allegedly on ............…….............................(3) at ...………………………………….…(4)

committed a service offence, namely, ………................................................(5).

I am satisfied after considering the information that there are reasonable grounds for the

issue of this warrant.

Pursuant to section 90 of that Act, I hereby require you to arrest ……………. (2) and

deliver………. (6) to ........…………….…… (7).

This warrant shall cease to have effect after ............................................ (8).

Dated.................................... ............................................................(9)

……………………………………..(10)

Notes: • See DLM Volume 3, Chapter 4, Annex A for guidance on the grounds and conditions of issuing a warrant

for the arrest of a person suspected of committing a service offence. • Sub-section 90(3) of the Act requires that an authorized officer indicate, in his/her own handwriting, on the

Affidavit, the reasons relied on for justifying the issue of a warrant for the arrest of a person suspected of committing a service offence.

DESCRIPTION OF ACCUSED PERSON

Full Name

Rank

Personal Number

Date of Birth

Place of Birth Height Weight Build

Complexion Colour of Eyes Colour of Hair Other Distinguishing Marks or Features

Remarks: (including any indication as to probable whereabouts of accused, description of accused’s motor vehicle where applicable and risk of arresting accused eg. violence, armed etc.)

Usual Place of Residence

Name and Relationship of Next of Kin

Attach Photo (if available)

Form B8

Certificate for detention of arrested person in civil detention facility Sub-section 94(2) of the Defence Force Discipline Act 1982

1 Insert name or other

description of civil detention facility.


and PMKeys ID of arrested person.

3 Describe service

offence by reference to the section/s of the Defence Force Discipline Act 1982 and the statement of offence (refer to the Summary Authority Rules 2009 and the Courts Martial and Defence Force Magistrates Rules 2009).


and PMKeyS ID. 5 Signature of authorized

officer 6 Insert either

“Commanding Officer of (name of unit)” or “senior member of the escort of the arrested person”.

To the officer in charge of ........................……................... (1), a ‘constable’ for the

purposes of the Defence Force Discipline Act 1982.

.....................................................(2) has been arrested under the

Defence Force Discipline Act 1982 for the service offence of

..............................................(3) and is in the custody of a member of the Defence

Force.

Pursuant to sub-section 94(2) of the Act, I ..........………….............................(4),

hereby certify that it is necessary for the arrested person to be detained in a place of

detention, and that no suitable place of detention controlled by the Defence Force is

reasonably available for that purpose.

I request that you receive and detain the arrested person for a period not exceeding

7 days.

Dated....................................... .................................................(5)

....………………….…............(6)

Notes: • Civil detention facility means a police station, or other premises for detention of persons

awaiting civil court trial. • Refer to DLM Volume 3, Chapter 4, Annex A for further information regarding the detention of

persons arrested pursuant to the Act.

Form B9

Certificate for transfer of person in custody in civil detention facility Section 97 of the Defence Force Discipline Act 1982

1 Insert name or other

description of civil detention facility.


and PMKeyS ID of arrested person.

3 Insert either rank, full

name and PMKeyS ID of commanding officer or rank, full name and PMKeyS ID of officer authorized by commanding officer.


following: *the custody of (rank

and name of senior member of the escort for the person in custody); or

*my custody. 5 Signature of either the

commanding officer or the officer authorized by commanding officer.


following: *commanding officer;

or * officer authorized by

commanding officer and reference to details of authorizing commanding officer for example ‘officer authorized by Commanding Officer 386 ECSS, WGCDR XXX’.

To the officer in charge of ........……………................................. (1), a ‘constable’

for the purposes of the Defence Force Discipline Act 1982.

...........................………….................(2) is in your custody pursuant to section 94 of

that Act.

I, ............……………………...... (3) hereby certify that it is no longer necessary for

you to detain …………………………..(2), and I hereby require you to deliver

.............……...............................(2) into ………..............................................(4).

Dated....................................... ..............................................................(5)

.............................…………………….(6)

Form B10

Request to take evidence (prints, sound recording, handwriting, photographs) Sub-section 101L(3) of the Defence Force Discipline Act 1982

1 Insert rank, full

name and PMKeyS ID of investigating officer.

2 Insert rank, full

name and PMKeyS ID of authorized officer

3 Insert either “take”

or “cause to be taken”.

4 Insert one or more

of the following: *fingerprints; *hand prints; *footprints *toe prints; *sound recordings

of the voice; *samples of the handwriting; or

*photographs. 5 Insert rank, full

name and PMKeyS ID of the person whom evidence is requested to be taken from.


following: *who is in lawful

custody under the Act in respect of a service offence; or

*a person against

whom proceedings have been instituted under section 87of the Act in respect of a service offence.

7 Signature of

investigating officer.

I, .....................................(1), an investigating officer within the meaning of Part VI of

the Defence Force Discipline Act 1982, make an application under sub-section

101L(3) of that Act, to you, ……………………………(2), an authorized officer for

the purposes of that sub-section, for approval to ……………………………(3)

……………………………..(4) of ……………………….(5), a person

………………………….(6).

Dated....................................... ...................................................(7)

Investigating Officer

Form B11

Approval to take evidence (prints, sound recording, handwriting, photographs) Section 101L and sub-section 101(1) of the Defence Force Discipline Act 1982

1 Insert rank, full

name and PMKeyS ID.


following: *in lawful custody

under the Defence Force Discipline Act 1982; or

*a person against

whom proceedings have been instituted under section 87 of the Defence Force Discipline Act 1982.

3 Describe service

offence by reference to the section/s of the Defence Force Discipline Act 1982 and the statement of offence (refer to the Summary Authority Rules 2009 or the Courts Martial and Defence Force Magistrates Rules 2009)

5 Insert rank, full

name and PMKeyS ID.

6 Insert such of the

following as are required:

*fingerprints; *hand prints; *foot prints; *toe prints; * voice recordings; *handwriting samples; or *photographs. 7 Insert rank, full

name and PMKeyS ID.

8 Signature of

authorized office 9 Insert “authorized


.....................................(1), is ......................................................(2) in respect of a

service offence, namely ...........………………............................(3).

An application has been made under sub-section 101L(3) of the Act, by

............………………....................(5), an investigating officer within the meaning of

Part VI of that Act who is an officer or warrant officer, for approval to take or cause to

be taken ................…….......................(6) of the relevant person.

Pursuant to sub-section 101L(4) of the Act, I ...........................................(7), an

authorized officer for the purposes of that sub-section, thinking it proper in all the

circumstances to do so, hereby give my approval to the taking of

those..............................................................(6).

Dated....................................... .............................................................(8)

…………………………………..……(9)

Form B12

Notification to suspect of rights in relation to identification parade Section 101N of the Defence Force Discipline Act 1982

1 Insert rank and

PMKeyS ID (if applicable) and full name.

2 Insert rank, full


3 Signature of


To........................…………….......................(1)

If you agree, I...……………….…………………. (2), an investigating officer for the purposes of the Defence Force Discipline Act 1982, intend to hold an identification parade for the purpose of ascertaining whether a witness to an act or omission in connection with a service offence can identify you as a person seen doing or omitting to do that act. In accordance with sub-section 101N(1) of the Act, I inform you as follows: 1. You are entitled to refuse to agree to the holding of the parade. 2. If you do not agree to the holding of the parade and do not take part in the parade, evidence may be given, in any proceedings with respect to the service offence, of any identification of you by the witness as a result of:

(a) having seen a photograph or series of photographs; or (b) having seen you otherwise than during an identification parade.

3. If you do take part in the identification parade, evidence may be given, in any proceedings with respect to the service offence: (a) of any identification made by the witness; (b) of any doubts expressed by the witness, during or immediately following the holding of the parade; and (c) of any unfairness in the conducting of the parade. 4. You may have present, during the holding of the parade, a legal practitioner or other person of your choice if arrangements can be made for the legal practitioner or other person to be present within a reasonable time. 5. You are entitled, upon request, to be provided with copies of certain physical

records of the identification parade, including any photographs or video recording of the identification prate, or a copy of any record of events during an identification parade made by an investigating officer.

Dated....................................... .........................................................(3) Investigating Officer Note: Sub-section 101N(2) requires an investigating officer to ask a suspect to sign the prescribed Form 4 ‘Acknowledgement of suspect in relation to the holding of an identification parade’ , provided in the DFD Regulations (see DLM Volume 1 Part 2).

Form B13

Consent to medical examination or taking of specimen Sections 101Q and 101QA of the Defence Force Discipline Act 1982


PMKeyS ID. 2 Insert either of the following: * an examination by a medical

practitioner; or * a specimen being taken from

me by a medical practitioner. 3 Insert either of the following:

I, .....................................(1), consent to ……………………………(2) of

the kind described below, pursuant to paragraph …………………….(3) of

the Defence Force Discipline Act 1982.

I ……………… (4) wish to have a medical practitioner of my own choice

present during the ……………………… (5).

I have been informed that, pursuant to sub-section ………………..(6) of

the Act, should I consent to the ……………………..(7), and later refuse

or fail to ……………………(8), without reasonable excuse, I may be

guilty of an offence.

*101Q(1)(a) [where consenting to an examination by a medical practitioner]; or *101Q(2)(a) [where consenting to a specimen being taken by a medical practitioner].

4 Insert either “do” or “do not”. 5 Insert either of the following: * medical examination; or *taking of the specimen. 6 Insert either of the following: *101QA(1) [where consenting

to an examination by a medical practitioner]; or

*101QA(2) [where consenting

to a specimen being taken by a medical practitioner].

DESCRIPTION OF EXAMINATION OR SAMPLE CONSENTED TO (9):

7 Insert either of the following: * medical examination; or *taking of the specimen. 8 Insert either of the following: *submit to the medical

examination; or *submit to the specimen being

taken or to do an act reasonably necessary to enable the specimen to be taken.

Dated.......................................

......................................................(10)

...……………………………..…..(11) 9 Insert details of the type of medical examination or specimen that is sought and consented to.

10 Signature of person consenting to evidence being taken. Note: Refer to DLM Volume 3, Chapter 4 Annex A for further information regarding the procedure

and requirements associated with arranging a medical examination or the taking of a specimen from a person in lawful custody.


PMKeyS ID of person consenting

Form B14

Application for approval for medical examination or taking of specimen Sub-section 101Q(3) of the Defence Force Discipline Act 1982

1 Insert rank, full


2 Insert rank, full

name and PMKeyS ID of authorized officer


following: * examine; or *take a specimen

from. 4 Insert rank, full

name and PMKeyS ID of person in lawful custody.


following: For an examination: * securing evidence

of, or relating to the service offence; or

For a specimen * having the

specimen analysed or otherwise examined.

6 Signature of


I, .....................................(1), an investigating officer within the meaning of Part VI of

the Defence Force Discipline Act 1982, make an application under sub-section

101Q(3) of that Act, to you, …………………………(2), an authorized officer for the

purposes of that sub-section, for the approval of a medical practitioner to

………………………(3) ……………………….(4), a person in lawful custody in

respect of a service offence, for the purpose of ………………………(5).

Dated....................................... ...........................................................(6)

Investigating Officer Note: Refer to DLM Volume 3, Chapter 4, Annex A for further information regarding the application procedure and requirements associated with arranging a medical examination of the taking of a specimen from a person in lawful custody.

Form B15

Approval of medical examination or taking of specimen Section 101Q of the Defence Force Discipline Act 1982

1 Insert rank, full name and PMKeyS ID. 2 Describe service

offence by reference to the section/s of the Defence Force Discipline Act 1982 and the statement of offence (refer to the Summary Authority Rules 2009 or the Courts Martial and Defence Force Magistrates Rules 2009).


and PMKeyS ID of investigating officer.


following: *examine the relevant

person for the purpose of securing evidence of or relating to that service offence; or

*take a specimen from

the relevant person for the purpose of having the specimen analyzed or otherwise examined.

5 Insert rank, full name and PMKeyS ID of authorized officer. 6 Insert either of the

following: *that examination; or *that analysis or other

examination. 7 Insert either of the

following: *examine; or *take a specimen from. 8 Signature of authorized

officer. 9 Insert “authorized


.................……........................(1), is in lawful custody, as defined by section 101

of the Defence Force Discipline Act 1982, in respect of a service offence,

namely............................................(2).

An application has been made under sub-section 101Q(3) of that Act by

………………. (3), an investigating officer within the meaning of Part VI of that

Act, for approval to arrange for a medical practitioner to .................................. (4).

Pursuant to sub-section l0lQ(4) of that Act, I, ............…............................(5), an

authorized officer for the purposes of that sub-section, being satisfied that that

investigating officer has reasonable grounds for believing that

..............................................(6) is likely to provide evidence of or relating to the

above service offence, hereby approve arrangements being made for a medical

practitioner to .....................................(7) ……………………………(1) for that

purpose.

Dated....................................... ....................................................(8)

…...……………………………..(9)

Form B16

Extension of period for destruction of medical report

Section 101Q of the Defence Force Discipline Act 1982 1 Insert either of

the following: *examined; or *took a specimen

for analysis from. 2 Insert rank (if

applicable), full name and PMKeyS ID.

3 Insert either

“examination” or “analysis”.

4 Insert rank (if

applicable), full name and PMKeyS ID.

5 Insert either of

the following: * the period

referred to in sub-paragraph 101Q(9)(a)(i) of that Act; or

* the period as

previously extended.

6 Insert special reasons for extension. 7 Insert rank, full name and PMKeyS ID of authorized officer. 8 Insert date of destruction. 9 Signature of

authorized officer.

10 Insert

“authorized officer” and the appointment by which the member is specified as an authorized officer. Refer to DLM Volume

1 Part 16.

In accordance with section l0lQ of the Defence Force Discipline Act 1982, a medical

practitioner ……………………(1)……………………….(2), a person who was in lawful

custody in respect of a service offence. A report in relation to that ………………. (3)

(the report) is in the custody of ……..…………..(4).

Sub-section 101Q(9) of the Act requires that the report is to be destroyed at the expiration

of a specified time period.

Information has been provided to me that there are special reasons for extending

………………. (5), namely, .……………………….(6).

Pursuant to sub-section l0lQ(10) of that Act, I,............……………….(7), an authorized

officer for the purposes of that sub-section, am satisfied that there are special reasons for

extending the period.

I extend the period to and including ............………………(8).

Dated....................................... ….............................................(9)

…………………………….(10)

Form C1 Infringement Notice

Notes: • This record or any copy of it must NOT be held on the infringed member’s personnel file. • This record must be destroyed 12 months from the date of member’s election, as indicated in Part 2 (or 12 months from the

expiry of the election period, as indicated in Part 1 if no election is made). • See DLM Vol 3 Chapter 5 – Discipline Officer Scheme – Minor Disciplinary Infringements for further information Part 1 – Infringement Details

DETAILS OF INFRINGED MEMBER Surname Given name(s) Rank Employee ID

Unit

DETAILS OF RELEVANT OFFICER Surname Given name(s) Rank Employee ID

Unit

DETAILS OF INFRINGEMENT

Irregularities on guard or watch (s.32(1)) □Negligent performance of duty (s.35) □Prejudicial conduct (s.60) □

Absence from duty (s.23) □

Absence without leave (of less than 3 hours) (s.24) □

Disobedience of a lawful command (s.27) □

Failure to comply with a lawful general order (s.29) □ Infringement date:

Particulars of infringement:

DETAILS OF INFRINGEMENT NOTICE AND ELECTION PERIOD Infringement notice issue date and time Election period expiry date and time

Defence member: 1. You are required to report to me within 24 hours of receiving this Infringement Notice, as identified above, to

state whether or not you wish to elect to be dealt with by a discipline officer or to seek an extension of time in which to make your election. This is your election period.

2. You are required to sign and date this form below, to acknowledge receipt of this Infringement Notice. 3. A summary of your rights are printed on page 1 of this form.

Signature (relevant officer) Signature (infringed member)

Part 2 – Election by Defence member

The D nce memb ught an extension of time to make an election: efe er soNo □ Yes □

Date Time

Extension granted: No □ Yes □→ Member’s initials

Relevant Officer’s initials

TIME EXTENSION

ELECTION The D nce memb cted to be dealt with by a discipline officer: efe er eleNo □ Yes □

Distribution: Original – Unit Copy Copy 2 – Member copy

ACTION

Notice referred to discipline officer □Notice referred to authorized member for consideration of DFDA charges □No further action taken on Notice □

Signature (relevant officer) Signature (infringed member) Date

Part 3 – Hearing by Discipline Officer Discipline Officer’s Name Rank Employee ID

Unit Date of DO hearing

ELECTION The Defence member withdrew the election to be dealt with by a discipline officer:

No □ Yes □ → Refer to authorized member (indicate under ‘ACTION’ below)

The Defence member requested an adjournment:

No □ Yes □ Date Time

Adjournment granted:

No □ Yes □ → Place

DO’s initials

ADJOURNMENT

MITIGATION The Defence member submitted statements and/or called witnesses in mitigation:

No □ Yes □

No Punishment □

Referral to authorized member □

Punishment Imposed □ → Indicate punishment below

ACTION

Fine not exceeding 1 days pay □ Amount:

Restriction of privileges not exceeding 2 days** □ Duration:

Stoppage of leave, not exceeding 3 days** □ Duration:

Extra duties, not exceeding 3 days** □ Duration:

Extra drill not exceeding 3 days** □ Duration:

Reprimand □

PUNISHMENT* (if applicable)

**Date on which punishment commences:

Signature (Discipline Officer) Name (Printed) Rank Date

* Select ONE punishment only. ** The commencement of a minor punishment may be delayed for a period of up to 14 days after the day

on which it is imposed.

Infringement Notice Information

1. This Infringement Notice alleges that you have committed a disciplinary infringement (as indicated in Part 1) against one of the following provisions of the Defence Force Discipline Act 1982 (Cth) (DFDA):

absence from duty (s 23) irregularities on guard or watch (s 32(1))

absence without leave (of less than 3 hours) (s 24) negligent performance of duty (s 35)

disobedience of a lawful command (s 27) prejudicial conduct (s 60)

failure to comply with a lawful general order (s 29) 2. No record of this Infringement Notice will be kept on your Conduct Record or any other personnel file.

The Infringement Notice will be placed on the Unit Infringement Register and will be destroyed 12 months after the date of your decision whether to be dealt with by a discipline officer.

3. You have the right to elect to have this infringement dealt with by a discipline officer. You have

24 hours from the issuing of this Infringement Notice to make this decision. However, you may request an extension of this period from the relevant officer who issued this Notice to you who may grant an extension at his or her discretion. Before making your election you should take the following matters into account: a. If you elect to be dealt with by a discipline officer then you are, only for the purpose of the

discipline officer’s actions, admitting that you committed the infringement. b. You are not entitled to be represented before a discipline officer. However, you may submit

statements, or call witnesses to present evidence, to the discipline officer in relation to the exercise of his or her powers.

c. A discipline officer may:

(1) decide not to impose a punishment due to the trivial nature of the infringement;

(2) refer the matter to a member authorized to prefer a charge under the DFDA because of the serious nature of the infringement; or

(3) impose one of the following punishments:

Infringed Member Punishment

Member below NCO rank Officer Cadet or Midshipman

Fine not exceeding 1 days pay Stoppage of leave not exceeding 3 days Restriction of privileges not exceeding 2 days Extra duties not exceeding 3 days Extra drill not exceeding 3 days Reprimand

NCO Warrant Officer Junior Officer

Fine not exceeding 1 days pay Reprimand

d. You may withdraw your election to be dealt with by a discipline officer at any time before the

discipline officer imposes a punishment. e. Once the matter has been dealt with as a disciplinary infringement, you cannot be charged for

the same act or omission. Similarly, if you have been charged with a service offence, you cannot be issued with an Infringement Notice for the same act or omission.

f. If you choose not to be dealt with by a discipline officer, fail to make an election, or

subsequently withdraw your election, the matter may be referred to an authorized member who may charge you with an offence against the DFDA. Evidence of a previous election to be dealt with by a discipline officer cannot be used in any subsequent DFDA proceedings.

4. If the discipline officer imposes a punishment, you do not have the right to appeal but you may submit a Redress of Grievance if you believe that you have grounds for complaint regarding your treatment.

Accused family name

Given name (s) Rank Employee ID Ship or unit

Updated 10 Sep 09 Page 1 of 7

Form C2 CHARGE SHEET AND ACTION REPORT

Introduction • Upon being charged, a copy of this form showing the alleged offences must be given to the accused. The attention of

the accused must be drawn to the notes below. However, the notes are no substitution for the detailed guidance in the DLM or legal advice. An accused should be given a copy of DLM Vol 3 Chapter 12 Important Information for the Accused.

• Abbreviations. The following abbreviations have been used in these notes: ‘DFDA’ – Defence Force Discipline Act 1982; ‘Rule’ – Summary Authority Rules; ‘DLM’ – ADFP 06.1.1 Discipline Law Manual Vol 3; and ‘Charge’ – single and multiple charges.

• Recording on CRTS. Details of all charges, and the finding or result of discipline proceedings for each charge recorded on this form are to be recorded within the ADF Personnel Management Key Solution (PMKeyS) in accordance with DI(G) ADMIN 10-8 Conduct Reporting and Tracking System (CRTS).

• Storage of charge documents. This Charge Sheet and Action Report is not to be destroyed. If this Charge Sheet and Action Report records a conviction against a member of the Defence Force, this complete form must be placed on the member’s PD103 Conduct Record. However, if a service tribunal disposes of the charges on the Charge Sheet and Action Report without recording a conviction on any charge (for example, directs that charges are not to be proceeded with, or are dismissed, or the accused person is found not guilty of all charges) the Charge Sheet and Action Report is to be sealed and placed on a unit file. Access should be denied to all summary authorities, and the material must not be recorded on a member’s conduct record.

General rights of an accused person 1. To be informed of a charge. An accused person must be given a copy of the charge preferred against him or her at the time

he or she is charged. An accused should be informed of any statutory alternative charge(s) which the prosecution seeks to rely upon.

2. To be represented. An accused person may defend themselves, or may be defended by a member of the Defence Force of their choice, if that person is reasonably available. However, there is no right to be represented by a legal officer unless a commanding officer (CO) or a superior summary authority (SUPSA) permits a legal officer to act as a defending officer. An accused person, who fails to choose a defending officer, may have a member appointed to defend him or her.

Notice of referral of charge to the Director of Military Prosecutions before dealing 3. A CO (or superior officer in relation to an accused’s CO) may refer a charge to the Director of Military Prosecutions (DMP)

before it is dealt with by a summary authority. An accused person must be informed of the referral.

Rights before pleading 4. Upfront election to have a charge tried by a court-martial or Defence Force magistrate - at start of dealing. At the

commencement of dealing with a charge, an accused person (depending on their rank and the type of offence) must be given the opportunity to elect to have a charge tried by a court martial or Defence Force magistrate. This does not apply to ‘prescribed offences’ requiring trial by a court martial or Defence Force magistrate (or linked offences being dealt with together with a prescribed offence). Otherwise, for members ranked WGCDR, LTCOL or CMDR or above this right of upfront election always applies. For other accused persons charged with a ‘Schedule 1A offence’, an upfront election is not given.

5. Applications. An accused person has a right to make any application in connection with a trial, including the following: a. Adjournment. An accused person may apply for an adjournment on the grounds that he or she has not had an adequate

opportunity to prepare his or her defence or to choose a person to represent or advise him or her. b. Securing witnesses. An accused may apply to secure the attendance of witnesses on his or her behalf in relation to

summary authority proceedings. The CO of an accused person must take steps necessary to secure the attendance of witnesses reasonably required by the accused person. A summary authority hearing a charge may summon a witness.

c. Separate trials. i. An accused who is charged with more than one Service offence may apply for each charge to be heard separately.

This may occur if he or she considers that the evidence relating to some of the charges would unfairly prejudice him or her in defence of other charges.

ii. If an accused is charged with one or more other persons, he or she may apply to be dealt with separately on the grounds that he or she would otherwise be prejudiced in his or her defence.

6. Objections. An accused person has the right to enter an objection to a charge on any ground, including any of the following, before being asked to plead at a summary trial: a. that he or she is not liable to be tried for an offence with which he or she has been charged, by virtue of previous

acquittal or conviction; b. that the charge was made outside the required time limit; c. that the offence with which he or she is charged has already been taken into consideration previously by another service

tribunal (including the former Australian Military Court); d. that the charge does not disclose a Service offence or is otherwise wrong in law; or e. that the summary authority does not have jurisdiction or is otherwise ineligible to try the charge.

Accused family name



Rights with regard to pleading 7. An accused person is presumed to be innocent of any charge until proven guilty. Before a summary authority can convict an

accused, the prosecution must prove his or her guilt ‘beyond reasonable doubt’. 8. An accused has the right to plead ‘not guilty’ and/or to remain silent. If he or she chooses to remain silent, the proceedings

will proceed as though he or she had pleaded ‘not guilty’. An accused person who pleads ‘not guilty’ is not necessarily stating that he or she did not commit the offence. This plea requires the prosecution to prove the charge against him or her.

9. An accused person who pleads ‘guilty’ admits the elements of an offence, but does not admit that every allegation made against him or her in connection with the offence is true.

Rights in connection with the conduct of summary hearings 10. Disqualification of summary authorities. A summary authority must not try a charge where he or she was involved in the

investigation of the offence, or the issuing of a warrant for the arrest of the accused person, or charging the accused person with the offence. Where disqualified on these grounds, the charge must be referred to another summary authority.

11. Time period within which trial must be commenced. A summary authority trial of a service offence must commence as soon as practicable within 3 months of the accused being charged with the service offence. If a reviewing authority orders a new trial after quashing a conviction, the trial must commence within 6 months of the date of that order.

12. Right to be present. An accused has the right to be present at a summary authority hearing. In some circumstances, an accused may apply to the summary authority, in writing, to not be present where exceptional circumstances prevent their attendance. However, the accused person must plead guilty, and the granting of this application is at the discretion of the summary authority.

13. Right to request an adjournment. An accused may, at any time, apply to a summary authority, on any reasonable grounds, for a break (an adjournment) in the proceedings.

14. Right to cross-examine. An accused person has the right to question and cross-examine witnesses for the prosecution. 15. Right to give evidence. An accused person may give evidence, or remain silent. Where he or she gives evidence, an

accused may be cross-examined by the prosecution. 16. Right to call a witness. An accused person has the right to call witnesses to give evidence. 17. Right to address the summary authority. An accused person may address a summary authority before presenting

evidence, if he or she intends to call witnesses other than themselves; at the end of the prosecution case, he or she may submit that there is no case to answer; at the end of all evidence in the case, on the question of guilt; and if convicted, after the summary authority has convicted him or her in mitigation of sentence.

18. Election to be tried before a court martial or Defence Force magistrate - election during trial. During a trial by a SUPSA or CO, the summary authority may decide that if he or she convicts the accused person of a charge of a Schedule 1A offence (for which no upfront election was given) an elective punishment may be appropriate. In those circumstances, the accused person must be given the opportunity to elect to have the charge tried by a court martial or Defence Force magistrate. A reasonable time must be allowed for the accused person to consider his or her decision and to seek legal advice if reasonably available. An election decision must be made within 24 hours, or such longer period as approved by the summary authority given service exigencies (but not longer than 14 days).

19. Reasons for conviction. A summary authority must give reasons for a finding of guilty where the accused person is convicted of an offence.

Rights in relation to punishment 20. Right to call character witnesses and present plea in mitigation. A convicted person has a right to call witnesses to give

evidence as to his or her good character. Evidence in mitigation of punishment may be presented by a convicted person. 21. Authorised punishments. Where a person is convicted by a summary authority, the summary authority may not impose a

punishment or take action other than that which is authorised by the DFDA. 22. Elective punishments. An elective punishment is a punishment which is more severe than a punishment usually available to

a summary authority. Elective punishments may only be imposed where an accused person was offered an opportunity to elect trial by a court martial or Defence Force magistrate but decided to be tried by a summary authority.

23. Conviction for service purposes only. A conviction by a summary authority will not result in a criminal history. If a person has been convicted by a summary authority, the conviction has effect for service purposes only, and need only be disclosed for service purposes, and not for any other purpose.

Right to a review of proceedings 24. Review of summary proceedings. Convictions by a summary authority are automatically reviewed by an officer in the chain

of command. The review process also involves the proceedings being considered by a legal officer. 25. Petition. Any person convicted of a service offence by a summary authority may petition to a competent reviewing authority

for a review of the proceedings.

Duties of prosecuting and defending officer 26. Prosecutor. A prosecutor is required to present evidence in support of the charge. The duties of a prosecuting officer before

and at a summary trial are set out in DLM Vol 3, Chapter 7. 27. Defending officer. The defending officer is required to present the accused’s case to the best of his or her ability. The roles

and responsibilities of a defending officer are set out in DLM Vol 3, Chapter 7.

Accused family name



CHARGE SHEET

Distribution Stage of proceedings Original Copy

1. Charge Summary Authority Accused

2. Review Legal Officer; Reviewing Authority

3. Post trial action Unit Admin Service management agency (NPCR, DGCM-A, SCMA, DP-AF)

4. Storage Conduct Record/Unit File (for acquittal dismissal) Service Police Central Records Office (SPCRO)

Part 1 - Charge Sheet

Charge 1 DFDA section:

DFDA Schedule 1A offence? Y/N

Date of offence:

Statement of offence and charge:

Plea:

Statutory alternative* offence? Y/N

DFDA section (statutory alternative offence): Plea (statutory alternative offence):



Date of offence:


Plea:



* A statutory alternative offence is an offence under ss 142(1) DFDA. This must be distinguished from an offence which is a charge ‘in the alternative’ – see DLM Volume 3, Chapter 6 for further guidance.

Accused family name





Date of offence:


Plea:



Charge 4

DFDA section:


Date of offence:


Plea:



Charge 5

DFDA section:


Date of offence:


Plea:



Charge process and background

Charges preferred by: Date charged:

Witnesses: Documentary Evidence:

* A statutory alternative offence is an offence under ss 142(1) DFDA. This must be distinguished from an offence which is a charge ‘in the alternative’ – see DLM Volume 3, Chapter 6 for further guidance.

Accused family name



ACTION REPORT Particulars of arrest

Date of arrest: Time of arrest: Authorised by: Date of release: Time of release: Authorised by:

Conditions(s) of release: (If any) (DFDA s97)

Part 2 - Pre-dealing

Pre-trial referral of charge to the DMP:

By CO or officer superior to a CO (DFDA s 105A) (use Form C4) □

Date

Pre-trial application by accused to not be present? □ Y/N If yes, was the application granted? □ Y/N

Part 3 – Dealing

Details of Summary Authority Printed name:

Rank: Appointment:

Date of referral:

Date(s) of hearing: Date(s) of trial:

Prosecuting Officer:

Defending Officer:

Options/Actions

1. Election for trial of a charge by a court martial or Defence Force magistrate (DFDA s 111B):

2. Dealing options:

Election offered?

(use Form D5) □ Y/N Charge no. Referral to DMP

(use Form D8) □ Y/N Charge no.

□ Y Charge no. Not proceed □ Y/N Charge no. Election by accused for trial by a court martial or Defence Force magistrate?

(use Form D5)

□ N Charge no.

Trial (go to Part 4) □ Y/N Charge no.

*If the accused elects for a charge to be tried by a court martial or Defence Force magistrate, forward this form to the DMP using Form D9, attaching Form D5.

Refer to another summary authority

(below, attach Form D7) □ Y/N Charge no.

Referral to another Summary Authority

Printed name: Rank: Appointment: Charge no:

Date of referral: Reason/s for referral: Date(s) of hearing: Date(s) of trial:

Accused family name



Part 4 – Trial Details of Summary Authority and participants

Printed name: Rank: Appointment:

Date of referral: Date(s) of hearing: Date(s) of trial:

Prosecuting Officer: Defending Officer:

Discontinuance of trial, and referral to another Summary Authority (use Form D7)

Printed name: Rank: Appointment: Charge no:

Date of referral: Reason/s for referral: Date(s) of hearing: Date(s) of trial:

Referral to DMP (use Form D8) Date Charge number(s)

Election for trial by a court martial of Defence Force magistrate (if applicable)

Accused offered an election for trial of a charge by a court martial or Defence Force magistrate (DFDA s 131)? (use form D6)

□ Y/N

Charge no:

Election by accused:

Court martial or Defence Force magistrate trial?

□ Y □ N

Date:

Charge number(s):

*If the accused elects for a charge to be tried by a court martial or Defence Force magistrate, forward this form to the DMP using Form D9, attaching Forms D6.

Trial outcome

* Prepare and deliver ‘Statement of Reasons’ (see DLM Vol 3, Chapters 8 and10)

Charge 1 Plea Finding Punishment/order^





#Elaboration on punishment(s):

Summary authority signature

Printed name Rank Appointment Date

* Complete and endorse ‘Record of Proceedings’ (Form D4) * If trial resulted in a conviction, pass record of proceedings to reviewing authority as soon as practicable (Part 5). *If trial does not result in a conviction (charge are not proceeded with, dismissed, or accused is acquitted), PMKeyS entries should be completed, and the record of proceedings with associated Forms, including this one, should be sealed and filed on a unit file, not on an accused person’s conduct record or personnel file. ^If a punishment or order is imposed by a Summary Authority for detention, reduction in rank or any other punishment or order outlined in s 172 DFDA – the punishment or order does not take effect unless approved by the reviewing authority. The Summary Authority should not include a commencement date for punishment(s) or order(s) under s 172 DFDA which require approval by a reviewing authority. #Elaboration on punishment(s) allows for a Summary Authority to include, for example, where punishment(s) are to be served cumulatively or concurrently, or where fines or orders are to be paid by instalments or a lump sum.

Accused family name



Part 5 – Automatic Review Reviewing authority details:

Printed name: Rank Appointment: Date received:

Legal Officer Report obtained (mandatory for review of summary authority proceedings): * attach report

Printed name: Rank: Appointment: Report dated:

Reviewing authority action: Uphold/Quash conviction(s)

Charge No. Decision (upheld/quashed) Substituted conviction (as appropriate) New trial ordered*

* A reviewing authority can, after quashing a conviction, order a new trial for the same offence.

Approve or not approve punishment/order*

Charge No. Punishment/order Decision (approve/not approve) Punishment commencement date (if approved) or substitute punishment or order (if not approved)

* Note that some punishments do not take effect until approved by a reviewing authority. Notification of results of review: Reviewing authority signature: Date of written notice: * Written notice must be provided to the convicted person.

Part 6 - Administrative Action

Personnel Office, Legal Office or Orderly Room Pay Office

PMKeyS entry Form Number

Signature Date Signature Date

Form C3

Summons to alleged offender to appear before Service Tribunal Section 87 of the Defence Force Discipline Act 1982

1 Insert rank and

PMKeyS ID (where applicable) and full name of person alleged to have committed service offence.

2 Insert address. 3 Insert rank, full

name and PMKeyS ID of authorized member.

4 Describe service

offence by reference to the section(s) of the Defence Force Discipline Act 1982 and the statement of offence (refer the Summary Authority Rules or the Courts Martial and Defence Force Magistrates Rules).

5 Insert day of the

week and date. 6 Insert time of day. 7 Insert address and

name of unit, establishment or ship.

8 Insert name of unit. 9 Signature of

authorized member.

To.........………………...............(1) of........................................................(2),

I,....................………......................(3), an authorized member of the Defence Force

for the purposes of section 87 of the Defence Force Discipline Act 1982, believe, on

reasonable grounds, that you have committed a service offence, namely,

…................................................................................................................................(4).

Pursuant to sub-section 87(1) of the Act, you are hereby summoned to appear on

…………....................(5), at ..............................(6), at…………...............(7), before

the commanding officer of …………......................(8) to be dealt with in accordance

with section 110 of the Act.

Dated....................................... ............................................................(9)

Notes: • Where this summons is served on an accused person, that person is taken to have been charged with the offence described above. • In accordance with the Defence Force Discipline Act 1982, sub-section 87(2), this summons must be served on a person in accordance with regulation 34 of the Defence Force Discipline Regulations 1985. • Where an accused person is a Defence member, this summons may be used as an alternative to the process in paragraph 87(1)(a) of the Act of charging the person and ordering their appearance at a time and place before a summary authority. • Where the authorized member is the Director of Military Prosecutions (DMP), the DMP may refer the charge(s) directly to a commanding officer or Superior Summary Authority for trial, or may request the Registrar of Military Justice to refer the charge to a Defence Force magistrate or convene a court martial IAW paragraph 87(1)(c) of the Act.

Contempt of Service Tribunal Pursuant to section 53 of the Defence Force Discipline Act 1982, a person who is a defence member or a defence civilian is guilty of an offence if the person has been served, as provided for by the rules of procedure, with a summons to appear, as a witness before a service tribunal, and : a. fails to appear as required by the summons or order; or b. fails to appear and report himself/herself from day to day and has not been excused or released from

further attendance, by the service tribunal from further attendance. Maximum punishment: Imprisonment for 6 months

Pursuant to section 86 of the Defence Act 1903, a person is guilty of an offence if, a person served with a summons under the Defence Force Discipline Act 1982 to appear as a witness before a service tribunal, without reasonable excuse; a. fails to appear as required by the summons or order; or b. fails to appear and report himself/herself from day to day unless excused, or released from further

attendance, by the service tribunal.

Penalty: $1,000.00 or imprisonment for 6 months

Form C4

Referral of a charge to the Director of Military Prosecutions prior to summary authority proceedings Sections 105A and sub-section 129D(2) of the Defence Force Discipline Act 1982

1 Insert one of the

following, as applicable:

*section 105A (referral by a commanding officer (or superior officer to the commanding officer) of a charged member); or *sub-section 129D(2) (referral by a summary authority where a trial has not commenced within the period allowed).

2 Insert rank, full name and PMKeyS ID of a commanding officer, a superior officer or a summary authority.

3 Insert one of the

following, as applicable: *a commanding officer; *a superior officer (superior officer to the commanding office of the charged member); or

*a summary authority.

4 Insert rank and PMKeyS

ID (where applicable) and full name of accused

5 Insert unit of the accused

person. 6 Signature of officer

making the referral. 7 Insert one of the

following, as applicable: *commanding officer; *superior officer (superior officer to the commanding office of the charged member); or *summary authority.

Pursuant to ......................…............(1) of the Defence Force Discipline Act 1982, I,

..............................……………….....(2),...............................................(3) hereby

refer the charge(s) specified in the attached Form C2 Charge Sheet and Action

Report, against .....................……...................(4), of …………………………(5) to

the Director of Military Prosecutions.

Dated....................................... ....................................................(6)

…………………………………(7)

Notes:

• Attach the original Form C2‘Charge Sheet and Action Report’.

• The whole Form C2 should be referred to the DMP where a decision is made to refer an individual charge from a number of charges on a Charge Sheet.

• Refer to DLM Vol 3, Chapter 6 for further information regarding a decision by a CO (or superior officer in relation to a CO of a charged member) to refer a charge to the DMP pursuant to DFDA s 105A.

• Refer to DLM Vol 3, Chapters 7 and 8, regarding the referral of a charge to the DMP pursuant to DFDA ss 129D(2) by a summary authority where a trial does not commence within the required time period.

Form D1

Summons to witness to appear before a service tribunal Sub-section 138(2) of the Defence Force Discipline Act 1982

1 Insert rank and PMKeyS ID (where applicable) and full name. 2 Insert address. 3 Insert day of the week and date. 4 Insert time 5 Insert address or name of establishment. 6 Insert “trial” or “hearing”. 7 Insert rank and PMKeyS ID (where applicable) and full name. 8 Delete paragraph if not applicable. Where applicable, describe details of the document(s) to be produced. 9 Signature of appropriate authority. 10 Insert appointment

of appropriate authority

To...................…………..(1) of ………………………………….(2).

Pursuant to sub-section 138(2) of the Defence Force Discipline Act 1982, you are

hereby summoned to appear on ...................................(3) at

……………………..….(4) at …………………........(5) before a service tribunal, to

give evidence at the .................................................(6) of a charge against

...............................…..............(7).

In accordance with sub-section 138(2) of the Act, you are hereby summoned to

produce to the service tribunal the following document(s) in your custody and

control, namely: ……………………………..................(8).

Dated....................................... ............................................................(9)

……………………………………….(10)

Note: Contempt of Service Tribunal. Pursuant to section 53 of the Defence Force Discipline Act 1982, a person who is a defence member or a defence civilian is guilty of an offence if the person has been served, as provided for by the rules of procedure, with a summons to appear, as a witness before a service tribunal, and : a. fails to appear as required by the summons or order; or b. fails to appear and report himself/herself from day to day and has not been excused or

released from further attendance, by the service tribunal from further attendance. Maximum punishment: Imprisonment for 6 months

Pursuant to section 86 of the Defence Act 1903, a person is guilty of an offence if, a person served with a summons under the Defence Force Discipline Act 1982 to appear as a witness before a service tribunal, without reasonable excuse; a. fails to appear as required by the summons or order; or b. fails to appear and report himself/herself from day to day unless excused, or released from

further attendance, by the service tribunal. Penalty: $1,000.00 or imprisonment for 6 months

Form D2

Summons to accused person who failed to attend hearing of a charge Sub-section 88(1) of the Defence Force Discipline Act 1982

1 Insert rank and

PMKeyS ID (where relevant) and full name.

2 Insert address. 3 Describe service


4 Insert day and date

of previous required appearance.

5 Insert day and date

of summoned appearance.

6 Insert time of day. 7 Insert address or

name of establishment.

8 Describe purpose

for which the accused person is required to appear, for example:

‘the charge(s)

against you to be dealt with (or tried)’

9 Signature of either

authorized officer or Registrar of the Australian Military Court (Registrar).

10 Insert either

“authorized officer” or “Registrar”. Where authorized officer, include the appointment allowing member to act as an authorized officer (refer to DLM VOL 1 Part 16). For the purposes of Part V of that Act, an authorized officer includes a commanding officer.

To ...........................……….... (1) of ………………………..(2).

You have been charged with committing a service offence, namely,

...……………..........(3).

You were not present at a hearing of that charge before a Service Tribunal on

.....................................(4), when your presence was previously required.

Pursuant to sub-section 88(1) of the Defence Force Discipline Act 1982, you are

hereby summoned to appear on ........................................(5) at…………………... (6)

at …………………....(7) before a Service Tribunal for ..........…………..............(8).

Dated....................................... ................................................................(9)

….…………………………………….(10)

Notes: • This summons may be in addition to either an order for a defence member to appear before a Service

Tribunal IAW paragraph 88(1)(a) of the Act, or a warrant issued IAW sub-paragraph 88(1)(b)(ii) of that Act. • Specific requirements apply to the service of the summons are set out at Defence Force Discipline

Regulations, regulation 34. Contempt of Service Tribunal Pursuant to section 53 of the Defence Force Discipline Act 1982, a person who is a defence member or a defence civilian is guilty of an offence if the person has been served, as provided for by the rules of procedure, with a summons to appear, as a witness before a service tribunal, and : a. fails to appear as required by the summons or order; or b. fails to appear and report himself/herself from day to day and has not been excused or

released from further attendance, by the service tribunal from further attendance. Maximum punishment: Imprisonment for 6 months

Pursuant to section 86 of the Defence Act 1903, a person is guilty of an offence if, a person served with a summons under the Defence Force Discipline Act 1982 to appear as a witness before a service tribunal, without reasonable excuse; a. fails to appear as required by the summons or order; or b. fails to appear and report himself/herself from day to day unless excused, or released from

further attendance, by the service tribunal. Penalty: $1,000.00 or imprisonment for 6 months

Form D3

Warrant for arrest of accused person who failed to attend hearing of charge Sub-paragraph 88(1)(b)(ii) of the Defence Force Discipline Act 1982

1 Insert rank,

PMKeyS ID and full name.

2 Insert either of the: *an authorized officer for the purposes of that sub-paragraph; or * the Registrar of the Australian Military Court (only

where directed by the AMC to issue a warrant).

3 Insert rank and

PMKeyS ID (where applicable) and full name of the accused person.

4 Describe service


5 Insert date. 6 Insert end date of

summons. 7 Signature of

authorized officer or Registrar of the Australian Military Court

8 Insert either

“authorized officer” or “Registrar”.

Where authorized officer, include the appointment allowing member to act as an authorized officer (refer to DLM VOL 1 Part 16).

To all members of the Defence Force and to all members of the Australian Federal

Police or of the Police Force of a State or Territory of the Commonwealth.

Pursuant to sub-paragraph 88(1)(b)(ii) of the Defence Force Discipline Act 1982,

I........………………..................(1), ………….……………..(2), hereby issue a

warrant for the arrest of ………………................................(3), (the accused person),

described in the attached schedule, who has been charged with committing a service

offence, namely, ………….........................(4).

The accused person was not present at a hearing of that charge* / those charges*

before a Service Tribunal on ............………..........(5), when their presence was

previously required.

In execution of this warrant, you may arrest the accused person.

This warrant shall cease to have effect after ........................................(6).

Dated..............................

.................................................................(7)

.................................................................(8)

* Strike out as applicable.

Note: For the purposes of Part V of that Act, an authorized officer includes a commanding officer.

DESCRIPTION OF ACCUSED PERSON

Full Name

Rank

PMKeys ID

Date of Birth

Place of Birth Height Weight Build

Complexion Colour of Eyes Colour of Hair Other Distinguishing Marks or Features

Remarks: (including any indication as to the probable whereabouts of accused, description of accused’s motor vehicle where applicable and risk of arresting accused eg. violence, armed etc.)

Usual Place of Residence

Name and Relationship of Next of Kin

Attach Photo (if available)

Form D4

Record of proceedings Section 148 of the Defence Force Discipline Act 1982 and the Summary Authority Rules

Notes: • This form must accompany the Form C2 Charge Sheet and Action Report. • This form must be completed in accordance with DLM Volume 3. It must record the evidence given by

witnesses, as well as the procedural steps applied by a summary authority in sufficient detail to enable the merits of the case and any determinations by a summary authority to be reviewed.

• The Summary Authority Rules outline the requirements that apply to recording summary authority proceedings.

Particulars of the accused person

Family name:

Initials: Rank: PMKeyS ID:

Details of the summary authority proceedings Date of proceedings:

Time: Unit or location:

Applications or objections prior to pleading

Applications or objection:# □ No □ Yes (if yes state reasons below) State the application or objection, and action taken:

Summary of proceedings and evidence

State the steps of procedure, and evidence received:

Certification

I hereby certify that this record of evidence is true and correct. Recorded or transcribed by: Signature:

Printed name, rank and PMKeyS ID (where applicable):

Date:

Summary authority: Signature: Printed name, rank and PMKeyS ID: Date:

# Insert a tick in the most suitable box.

‘Upfront’ magistrate

Form D5

election to have charge tried by a court martial or Defence Force Sections 111B and 111C of the Defence Force Discipline Act 1982

nk,

le) and

3

refer to

4

ty is authority

y.

*Commanding Officer.

Insert ra1

PMKeyS ID, and full name.

Insert rank and 2 PMKeyS ID (where applicab

full name of accused person

Insert details of the charge(s) with the reference to section(s) of the Defence Force Discipline Act 1982 and the statement of offence (Summary Authority Rules).

Delete this paragraph where a Subordinate Summary Authorithe summarydealing with the charge(s).

5 Insert signature of

summary authorit 6 Insert one of the

following:

*Superior Summary Authority; *Subordinate Summary Authority; or

Notification

Pursuant to section 111B of the Defence Force Discipline Act 1982, I,

………………………..(1), a summary authority, hereby give you,

…………………………(2), an opportunity to elect to have the charge(s) set out below

……(3)

•

er your decision must be made within 24 hours,

• r defending officer (or an

• s the exercise of your election with a legal officer, if one is

• istrate, the charge(s)

•

ial or

•

t make an election within the period allowed, I will proceed to deal

•

l have the option of imposing

4)

• .

Time…………………………. …………………………..(6)

tried a court martial or Defence Force magistrate:

……………………………………………………………………………………

The following information should be noted when exercising your election:

Pursuant to sub-section 111C(1) of the Act, you have a right to be given reasonable time

to consider your decision. Howev

unless I allow for a longer period.

You should discuss the exercise of your election with you

independent member of the ADF if you are not represented).

You may also discus

reasonably available.

If you elect to be tried by a court martial or Defence Force mag

before me will be referred to the Director of Military Prosecutions.

You may withdraw an election to have your charge(s) tried by a court martial or Defence

Force magistrate at any time before a date is fixed for hearing by a court mart

Defence Force magistrate. The charge(s) will then be referred back to me for trial.

Should you not elect to have the charge(s) tried by a court martial or Defence Force

magistrate, or do no

with the charge(s).

If I try the charge(s) in relation to which you have been offered this ‘upfront election’,

and find you guilty and convict you of the charge(s), I wil

an elective punishment in relation to the conviction(s). (

Your election decision must be made in writing below Date…………………………… …………………………..(5)

‘Upfront’ election decision

Sections 111B and 111C of the Defence Force Discipline Act 1982

(where

y

(s).

ble.

defending officer or other independent member).

.

r of the ADF if I am not represented).

•

summary authority convicts me of the charge(s) set out in the notification, have the option

elation to the conviction(s) (8).

I ELECT (9):

nce Force magistrate.

b. Trial by a summary authority.

0) )

Witness

…………………………………. Date …………………………………

nsert rank and 7 IPMKeyS IDapplicable) and

full name of accused person

8 Delete this paragraph where a

Subordinate Summary Authorit is the summary

authority dealing with the charge

Delete/strike 9 out as applica 10 Signature of the accused. 11 Signature of

witness (

I, ………………………………… (7), acknowledge as follows:

• I have read and understood the information contained in this notice of ‘Upfront’ election

to have charge tried by a court martial or Defence Force magistrate’

• I am aware that I am entitled to discuss my election decision with my defending officer (or

an independent membe

• I am aware that I am entitled to discuss my election decision with a legal officer if one is


• I understand that by electing trial by a court martial or Defence Force magistrate, the

charge(s) against me will be referred to the Director of Military Prosecutions.

I understand that by not electing to be tried by a court martial or Defence Force magistrate,

a summary authority will continue to deal with the charge(s) against me, and will, if the

of awarding an elective punishment in r

a. Trial by a court martial or Defe

…………………………………………(1 …...…………………………………(11

Accused person

Date …

ADFP 06.1.1 Discipline Law Manual, Volume 1, 11 Sep 09

3

ELECTIVE PUNISHMENTS THAT MAY BE IMPOSED BY A SUPERIOR SUMMARY AUTHORITY OR COMMANDING OFFICER

Table A: Elective punishments that may be

Convicted Person Service nk Punishment(s)

imposed by a Superior Summary Authority

Ra Elective Punishment(s)

Navy

ub Lieutenant ficer

Lieutenant CommanderLieutenant Sub Lieutenant Acting SWarrant Of

Army t

Major Captain Lieutenant Second LieutenanWarrant Officer

Officers and Warrant Officers

Air Force

er

Pilot Officer Warrant Officer

7 days pay

imand

Reprimand

Squadron LeadFlight LieutenantFlying Officer

Fine not exceeding

Severe repr Fine exceeding 7 days pay but not exceeding 14 days pay

Officer Cadets Navy, Army and Air Force

idshipman Officer Cadet

7 days pay

4 days

7 days

r not more than 2 sessions of 30 ore than 3 days

M

Fine not exceeding

Severe reprimand

Restriction of privileges for not more than 1

toppage of leave for not more thanS

Extra duties for not more than 3 days Extra drill fominutes per day for not m

Reprimand

Fine exceeding 7 days pay but not exceeding 14 days pay

Persons not Defence Force members Not Applicable Not Applicable Fine not exceeding $100 Fine exceeding $100 but not exceeding

$250


4

be imposed by a commanding officer

Convicted Person Service Rank nishment(s)

Table B: Elective punishments that may

Pu Elective Punishment(s)

Navy nant r

Lieutenant Sub Lieutenant Acting Sub LieuteWarrant Office

Army Second Lieutenant Warrant Officer

Captain Lieutenant Officers and Warrant Officers

Air Force

Flight Lieutenant Flying Officer Pilot Officer

er

Fine not exceeding 7 days pay

Severe reprimand

Warrant Offic

Reprimand



Midshipman leave for not more than 7 days

Extra duties for not more than 3 days

sessions of 30 an 3 days

Officer Cadet


Severe reprimand

Restriction of privileges for not more than 14 days

Stoppage of

Extra drill for not more than 2 minutes per day for not more th

Reprimand


Navy er

eaman

Chief Petty OfficPetty Officer Leading S

Non-Commissioned Officers

Army Staff Sergeant Sergeant Corporal

eeding 7 days pay

Severe reprimand

Reprimand

Fine not exc Reduction in rank by one rank (or not more than two ranks if person is an Army Corporal)

Forfeiture of seniority

Fine exceeding 7 days pay but not


5

rporal Lance Co

Air Force Flight Sergeant Sergeant Corporal

exceeding 14 days pay

Navy Able Seaman Seaman

Army Private Member below NCO rank (on Active Service)

Air Force

aftman/ Aircraftwoman

Aircraftman/ Aircraftwoman

for not more than 14 days

f privileges for not more than


Leading AircrLeading

Detention


Severe reprimand

Restriction o14 days



Reprimand

Detention for a period exceeding 14 days by not exceeding 42 days



Army Private Member below NCO rank (not on Active Service)

Air Force

man/ Leading Aircraftwoman Aircraftman/ Aircraftwoman

n for a period not exceeding 7 days

f privileges for not more than

than 7 days

Extra drill for not more than 2 sessions of 30 minutes per day for not more than 3 days

Reprimand

Leading Aircraft

Detentio

Fine not exceeding 7 days pay Severe reprimand

Restriction o4 days 1

Extra duties for not more

Detention for a period exceeding 7 days but not exceeding 28 days


Persons not Defence Force Members Not Applicable Not Applicable Fine not exceeding $100 Fine exceeding $100 but not exceeding

$250

‘During trial’ e magistrate

Form D6

election to have charge tried by a court martial or Defence Forc Sections 131 and 131AA of the Defence Force Discipline Act 1982

1 yS

y

ng

3

of accused

4 Insert details of the

ct 1982.

g

ng

Notification

Insert rank, full name and PMKeID of summar

authority. 2 Insert either “Superior Summary Authority” or

“Commandi Officer”.

Insert rank and PMKeys ID (where applicable) and full name person.

charge(s) with reference to section(s) of the Defence Force Discipline A

5 Signature of Superior Summary Authority or

Commandin Officer. 6 Insert either “Superior Summary Authority” or “Commandi Officer”.

ect to

have the charge(s) set out below tried by a court martial or Defence Force magistrate (DFM):

……………………………………………………………………………….(4)

, and should you be convicted by me, are highlighted in the relevant table at

the end of this form.

owever your decision must be made within 24 hours, unless I allow for a

ith your defending officer (or an independent

• tion with a legal officer, if one is reasonably

• l or DFM, the charge(s) before me will be referred to

• or hearing by a court martial or DFM. The charge(s) will then

• r DFM, or do not make

• I will have the option of imposing an elective

Your election decision must be made in writing below.

me…………………………. ……………..…………………..(6)

Pursuant to section 131 of the Defence Force Discipline Act 1982, I, ………………………..(1),

a ……………………..(2), hereby give you, …………………………(3), an opportunity to el

Having heard the prosecution evidence in respect of the charge(s) against you, I consider that if I

continue with the trial of the charge(s) above, and convict you of one or more of those offences, I

may decide that it would be appropriate to impose an elective punishment in relation to a conviction

on that / those charge(s). I may only impose an elective punishment if I have previously offered you

the option of electing to have the relevant charge tried by a court martial or DFM. The elective

punishments that I would be at liberty to impose, should you not elect to have the charge tried by a

court martial or DFM

The following information should be noted when exercising your election:

• Pursuant to sub-section 131AA(1), you have a right to be given reasonable time to consider your decision. H longer period.

• You should discuss the exercise of your election w member of the ADF if you are not represented).

You should also discuss the exercise of your elecavailable.

If you elect to be tried by a court martiathe Director of Military Prosecutions.

You may withdraw an election to have your charge(s) tried by the a court martial or DFM at any time before a date is fixed fbe referred back to be for trial.

Should you not elect to have the charge(s) tried by the a court martial oan election within period, I will proceed with the trial of the charge(s).

If I try the charge(s) in relation to which you have been offered this ‘election’, and find you guilty and convict you of the charge(s), punishment in relation to the conviction(s).

•

Date………………………….. …..……………………………..(5)

Ti

‘During trial’ election decision Sections 131 and 131AA of the Defence Force Discipline Act 1982

7

of accused

ble.

dent member).

I, ………………………………… (7), acknowledge as follows:

• uring trial’

• my defending officer (or

• ntitled to discuss my election decision with a legal officer if one is

• agistrate, the

•

(s) have the option of awarding an elective

punishment in relation to the conviction(s).

I EL C 8):

a. Trial by a court martial or Defence Force magistrate

b. Trial by a summary authority

… …… …… …… ) ……………………..(10)

ccused Witness

Date …………………………….……. Date ……………..………………

Insert rank and PMKeys ID (where applicable) and full name person.

Delete/strike 8

out as applica 9 Signature of the accused. 10 Signature of witness (defending officer or

other indepen

I have read and understood the information contained in this notice of ‘D

election to have charge tried by a court martial or Defence Force magistrate.

I am aware that I am entitled to discuss my election decision with

an independent member of the ADF if I am not represented).

I am aware that I am e


I understand that by electing trial by a court martial or Defence Force m

charge(s) against me will be referred to the Director of Military Prosecutions.

I understand that by not electing to be tried by a court martial or Defence Force magistrate,

a summary authority will continue to try with the charge(s) against me, and will, if the

summary authority convicts me of the charge

E T (

………… … … … …(9 ...………

A


3

ELECTIVE PUNISHMENTS THAT MAY BE IMPOSED BY A SUPERIOR SUMMARY AUTHORITY OR COMMANDING OFFICER

Table A: Elective punishments that may be

Convicted Person Service Punishment(s)

imposed by a superior summary authority

Rank Elective Punishment(s)

Navy

Sub Lieutenant an fficer

Lieutenant CommanderLieutenant Sub Lieutenant Acting MidshipmWarrant O

Army t

r

Major Captain Lieutenant Second LieutenanOfficer Cadet Warrant Office

Officers and Warrant Officers

Air Force

der nt

Pilot Officer Officer Cadet Warrant Officer

ne not exceeding 7 days pay

Severe reprimand Reprimand

Squadron LeaFlight LieutenaFlying Officer

Fi Fine exceeding 7 days pay but not

exceeding 14 days pay


Midshipman Officer Cadet

re reprimand

4

for not more than 2 sessions of 30 ore than 3 days

Reprimand


Seve

Restriction of privileges for not more than 1days

Stoppage of leave for not more than 7 days

Extra duties for not more than 3 days Extra drill minutes per day for not m



$250


4

be imposed by a commanding officer

Service Punishment(s)

Table B: Elective punishments that may

Convicted Person Rank Elective Punishment(s)

Navy ant r

Lieutenant Sub Lieutenant

utenActing Sub LieceWarrant Offi

Army Second Lieutenant Warrant Officer

Captain Lieutenant Officers and Warrant Officers

Air Force

Flight Lieutenant Flying Officer Pilot Officer

er


Severe reprimand

Warrant Offic

Reprimand



Midshipman

evere reprimand

leave for not more than 7 days



Officer Cadet


S


Stoppage of


Reprimand


Navy Chief Petty Offi

icer cer

eaman Petty OffLeading S

Army

Staff Sergeant

orporal

Sergeant Corporal

Lance C

Non-Commissioned Officers

Air Force Flight Sergeant

t SergeanCorporal


Severe reprimand

Reprimand

Reduction in rank by one rank (or not more than two ranks if person is an Army Corporal)

Forfeiture of seniority



5


Army Private Member below NCO rank (on Active Service)

Air Force

Leading Aircraftman/ Leading Aircraftwoman

r not more than 14 days


t more than

more than 14 days

0 per day for not more than 3 days Aircraftman/

Aircraftwoman

Detention fo

Severe reprimand

Restriction of privileges for no4 days 1

Extra duties for not

Extra drill for not more than 2 sessions of 3minutes

Reprimand

Detention for a period exceeding 14 days by not exceeding 42 days


Navy Seaman Able Seaman

Army Private

Member below NCO rank (not on Active Service)

Air Force

Leading Aircraftman/ Leading Aircraftwoman Aircraftman/ Aircraftwoman

s

ceeding 7 days pay



Extra drill for not more than 2 sessions of 30 minutes per day for not more than 3 days

Reprimand

Detention for a period not exceeding 7 day

Fine not ex Severe reprimand Detention for a period exceeding 7 days

but not exceeding 28 days



$250

Form D7

Referral of a charge by a summary authority to another summary authority Sub-section 108A(2), paragraphs 110(1)(c), 110(1)(e) and 111(2)(c), section 112 and sub-section 141(9)

of the Defence Force Discipline Act 1982

1 Insert one of the following:

*sub-section 108A(2) (a SUPSA, CO or SUBSA who is disqualified from trying a charge must refer the charge to another summary authority with jurisdiction to try the charge and who is not disqualified); *paragraph 110(1)(c) (a CO may refer a charge to SUPSA where the charge is within the jurisdiction of a SUPSA). *paragraph110(1)(e) (a CO may refer a charge to another CO in the interests of justice); *paragraph 111(2)(c) (a SUBSA may refer a charge to a CO or another SUBSA); *section 112 (where a charge has been referred to another the summary authority, the new summary authority must deal with the charge afresh); or *sub-section 141(9) (a summary authority who grants an application or allows an objection under DFDA s 141, may refer a charge to another summary authority).

2 Insert rank, PMKeyS ID and full name of summary authority.

3 Insert either of the following: *Subordinate Summary Authority; *Commanding Officer; or * Superior Summary Authority. 4 Insert full name, and rank and

PMKeys ID (where applicable) of accused person

5 Insert rank, PMKeyS ID and full

name of summary authority. 6 Insert one of the following: *Subordinate Summary Authority; *Commanding Officer; or * Superior Summary Authority. 7 Signature of summary authority.

Pursuant to.....................................(1) of the Defence Force Discipline Act

1982, I, ...............……................................(2), a

................…………................(3), hereby refer the charge(s) in the

attached Form C2 Charge Sheet and Action Report against

...................………….............(4) to .....................……...................(5), a

......……..........................(6) to be dealt with.

Dated......................................

........................................................(7)

Notes: • Attach original Form C2 – Charge Sheet and Action Report. • Refer to DLM Volume 3, Chapter 8, Summary Authority Practice and Procedure for further

information about summary authority ‘dealing’ procedures and the requirements that apply to selecting a summary authority to receive a referral, and the action to be taken by the summary authority who receives a referral.

Form D8

Referral of a charge to the Director of Military Prosecutions by a summary authority Paragraphs 109(b) and 110(1)(d), sub-section 130(5), section 131A, and sub-sections 145(1) and 145(3) of

the Defence Force Discipline Act 1982

1 Insert one of the

following, as applicable: *paragraph 109(b) (referral by a SUPSA when dealing with a charge); or

* paragraph 110(1)(d) (referral by a CO when dealing with a charge).

*sub-section 130(5) (referral by a summary authority when trying a charge); *section 131A (referral by a SUPSA or CO on a trial of the charge);

*sub-section 145(1) (referral by a summary authority for reasons of mental impairment); *sub-section 145(3) (referral by summary authority for reasons of mental impairment in a trial);


and PMKeyS ID 3 Insert one of the

following, as applicable: *Superior Summary Authority; *summary authority; or *Commanding Officer.

4 Insert full name, and rank

and PMKeyS ID (where applicable) of accused person.

5 Signature of the SUPSA,

summary authority or CO.

6 Insert one of the following,

as applicable: *Superior Summary Authority; *summary authority; or *Commanding Officer.

Pursuant to ..............................(1) of the Defence Force Discipline Act 1982, I,

..........................…………….....(2), a ...................................................(3) hereby

refer the charge(s) specified in the attached Form C2 Charge Sheet and Action

Report against ........................……………........................(4), to the Director of

Military Prosecutions.

Dated.......................................

....................................................(5)

………………………………….(6)

Notes: • Attach original Form C2 – Charge Sheet and Action Report. • Refer to DLM Volume 3, Chapter 8, Summary Authority Practice and Procedure for further

information about the process and requirements that apply to the referral of charges to the Director of Military Prosecutions.

Form D9

Referral of charge(s) to the Director of Military Prosecutions where member elects to be tried by a court martial or Defence Force magistrate

Sub-sections 111C(3) and 131AA(3) of the Defence Force Discipline Act 1982

1 Insert one of the

following, as applicable:

* sub-section 111C(3) (referral by summary authority where member makes ‘upfront election’ to be tried by a court martial or Defence Force magistrate); or * sub-section 131AA(3) (referral by summary authority where member makes ‘during trial election’ to be tried by a court martial or Defence Force magistrate).

2 Insert rank, PMKeyS

ID, and full name of summary authority.

3 Insert full name, and

rank and PMKeyS ID (where applicable) of accused person.

4 Signature of summary

authority. 5 Insert one of the

following:

*subordinate summary Authority;

*commanding officer;

or * superior summary

authority.

Pursuant to ..................................(1) of the Defence Force Discipline Act 1982, I,

..................………………….....(2), hereby refer the charge(s) in the attached Form

C2 Charge Sheet and Action Report against ......…………………........................(3),

to the Director of Military Prosecutions.

Dated.......................................

....................................................(4)

…………………………………(5)

Notes: • Attach original Form C2 – Charge Sheet and Action Report • Refer to DLM Volume 3, Chapter 8, Summary Authority Practice and Procedure for further

information about the process and requirements that apply to the referral of charges to the Director of Military Prosecutions.

Form E1

Pre-Sentence report Section 70 of the Defence Force Discipline Act 1982

Note: If space is insufficient, attach all necessary additional information. Personal particulars

Printed name

Rank

PMKeyS ID Date of birth

Mustering, category or ECN

Date of enlistment or appointment

Discharge date Seniority in present rank

Education and trade qualifications

Marital status

Divorced □ Single □ Separated □

Married □

Dependant Partner □

Is your spouse or partner employed?

No □ Yes □

Dependants

Do you have any dependant children?

No □ Go to ‘Accused person’s income’ section

Yes □

Number of dependant children:

Preschool □ School □ Tertiary level □ Employed □ Unemployed □

Do you have a dependant parent?

No □ Yes□

If yes:

Mother □ Father □

Are they wholly dependent or partially dependant?

Wholly □ Partially □

Accused person’s income and financial means (Spouse includes interdependant partner)

Fortnightly salary (Salary + service allowance + other allowances)

_________________ A

Daily salary (Fineable daily rate of pay, ie military salary less all

allowances)

_________________ B

Fortnightly expenses (if necessary, attach additional information)

Tax

DFRDB/MSBS

Rent or mortgage

Hire purchase

Other loans

Food

Gas or electricity

Other

Total

_________________

_______ __________

_________________

_________________

_________________

_________________

_________________

_________________

_______________ C

Net fortnightly income (A – C)

_________________ D

Other income per fortnight

_________________ E

Spouse/partner’s net income per fortnight

_________________ F

Total family income per fortnight (D + E + F)

______________ Total

Assets: Flat □ House □ Land □ Vehicle□ Furniture □ Other □

Total approximate value: _______________

Accused person’s savings: Total approximate value: ______________

Defending officer

Are medical or social worker reports relevant to medical or physical condition and/or needs of the accused person attached at Annex A Yes □ No □

Are reports from supervisors or commanders as to behaviour attached at Annex B Yes □ No □

Are character references attached at Annex C Yes □ No □

Is a report regarding potential consequential effects of conviction or punishment attached at Annex D Yes □ No □

Service history (where applicable) attached at Annex E Yes □ No □

Signature of Defending Officer Date

Printed Name

Accused

I request that the above information be placed before the Service Tribunal in the event of my conviction. Signature

Date

Summary Authority

I have received this Pre-Sentence report: □ Signature

Printed name Date

Form E2

Undertaking to be of good behaviour – conviction without punishment

Sub-section 75(2) of the Defence Force Discipline Act 1982

1 Insert rank and PMKeyS ID

(where applicable), and full

name of convicted person.

2 Insert rank, PMKeyS ID and

full name of the summary

authority, Chief Military

Judge, or a Military Judge.


* a Superior Summary

Authority;

* a Commanding Officer;

*a Subordinate Summary

Authority ;

* the Chief Military Judge;

or

*a Military Judge;

4 Insert service offence for

which conviction without

punishment has been

ordered, including reference

to the section of the Defence

Force Discipline Act 1982

and statement of offence

(refer to Summary Authority

Rules 2007 or Australian

Military Court Rules 2007).

5 Insert date falling 12 months

from the date of the

conviction.

6 Signature of summary

authority or Chief Military

Judge, or Military Judge.


*Superior Summary

Authority;

*Commanding officer.

*Subordinate Summary

Authority;

*Chief Military Judge; or

*Military Judge.

8 Signature of convicted

person.

To …………………………………………(1).

I, ............................................(2), ………..…………………(3), have convicted

you of ........................................................(4), an offence against the Defence

Force Discipline Act 1982.

Pursuant to sub-section 75(2) of the Act, I have ordered that the conviction be

recorded as a conviction without punishment, conditional upon you giving an

undertaking to be of good behaviour for a period of 12 months ending

……………………(5).

Should you be convicted of an offence by a service tribunal within the 12 month

period above, the service tribunal may impose a punishment or make an order in

accordance with Part IV of the Act with respect to the conviction for the offence

specified above in relation to which you have made the undertaking to be of

good behaviour. That punishment or order may be in addition to any

punishment imposed or order made in respect of the subsequent conviction.

By signing this form you give an undertaking to be of good behaviour for 12

months and acknowledge that you understand:

a. the purpose and effect of this undertaking;

b. the consequences that may flow from failing to be of good behaviour.

Date ………………………

…………………………………..(6)

………………………………..…(7)

……………………………(8)

Convicted Person

Form E3

Warrant of commitment to detention Section 170 of the Defence Force Discipline Act 1982


and PMKeyS ID of a specified member of the Defence Force, as permitted by ss 170(3) of the Act. Where not applicable, delete “or… (1).”


ID and full name of the authorized officer.

3 Insert PMKeyS ID and

rank, and, full name of the detainee.

4 Insert details of

military detention centre.

5 Insert “him” or “her”. 6 Insert the type of conviction. 7 Insert date of conviction. 8 Insert one of the following:

*summary authority; or * general court martial, or * restricted court martial, or *Defence Force magistrate.

9 Insert punishment(s). 10 Insert the number of

days of detention. 11 Delete paragraph where not applicable. 12 Insert start of punishment of detention given by reviewing authority. 13 Signature of

authorized officer. 14 Include the

appointment by which the member is specified as an authorized officer. Refer to DLM Volume 1 Part 16.

Order to Convey

To all service policemen, members and special members of the Australian Federal

Police or ……………………………………(1).

Pursuant to section 170 of the Defence Force Discipline Act 1982,

I, .....…………........................(2), an authorized officer for the purposes of that

section of the Act, hereby require you to convey ………………………….. (3) (the

detainee) to …………………….. (4) (the detention centre) and deliver

………………… (5) into the custody of the

Officer in Charge of the detention centre, together with this warrant.

Order to Detain

To the Officer in Charge of the detention centre.

The detainee was convicted of ..........................................(6) on

.......................................(7) by a ………………………………(8) and the

punishment(s) of ………………………..(9) were imposed for a detention period of

……………………..(10).

Pursuant to subsection 172(5) of the Act, custody of the detainee is permitted

pending the approval by a reviewing authority of the punishment of detention

imposed by the summary authority (11).

That punishment of detention was approved by a reviewing authority under section

172 of the Act. Pursuant to section 168 of the Act, the reviewing authority

determined that the punishment is to take effect on and from ............…... (11) (12)

Pursuant to section 171(1) of the Act, the punishment of detention imposed by the

.......................................... (8) is effective immediately. (11)

I require that you detain the detainee for as long as the detention is necessary for the

execution of that punishment.

Dated....................................... ..........................................................(13)

……………………………………..(14)

Form E4

Warrant of commitment to imprisonment Section 170 and sub-section 171(1) of the Defence Force Discipline Act 1982


and PMKeyS ID of a specified member of the Defence Force, as permitted by ss 170(3) of the Act. Where not applicable, delete “or… (1).”


ID and full name of the authorized officer.

3 Insert PMKeyS ID and

rank, and, full name of the prisoner.

4 Insert details of the

prison. 5 Insert “him” or “her”. 6 Insert offence(s). 7 Insert the date of conviction. 8 insert as appropriate:

*general court martial, *restricted court martial, or *Defence Force magistrate

9 Insert the length of

imprisonment. 10 Delete paragraphs that are not applicable. 11 Insert length of

non- parole period. 12 Signature of

authorized officer. 13 Include the

appointment by which the member is specified as an authorized officer. Refer to DLM Volume 1 Part 16.

Order to Convey

To all service policemen, members and special members of the Australian Federal

Police or ……………………………………(1).

Pursuant to section 170 of the Defence Force Discipline Act 1982,

I, .....…………........................(2), an authorized officer for the purposes of that

section of the Act, hereby require you to convey ………………………….. (3) (the

prisoner) to …………………….. (4) (the prison) and deliver ………………… (5)

into the custody of the Officer in Charge of the prison, together with this warrant.

Order to Detain

To the Officer in Charge of the prison.

The prisoner was convicted of ..........................................(6) on

.......................................(7) by .......................................... (8) and imprisonment was

imposed for an imprisonment period of ……………………..(9).

Pursuant to section 74 of the Act, the service tribunal ordered that those

punishments be cumulative. (10)

Pursuant to the Crimes Act 1914 in its operation by virtue of section 72 of the Act,

the service tribunal fixed the term of ………………….. (11) as being the period

during which the offender is not eligible to be released on parole. (10)

I require that you imprison the prisoner for as long as the imprisonment is necessary

for the execution of that punishment.

Dated....................................... ..........................................................(12)

……………………………………..(13)

Form E5

Suspension from duty of member convicted of an offence pending decision as to termination of service Section 99(2) of the Defence Force Discipline Act 1982

1 Insert rank, full

name and PMKeyS ID of member convicted of an offence.

2 Insert name of

unit of member convicted of an offence.

3 Insert one of the

following: *a service; *a civil court; or *an overseas. 4 Describe the

offence with reference to section/s of the Defence Force Discipline Act 1982 or other relevant legislation.

5 Insert rank, full

name and PMKeyS ID of the authorized officer.

6 Signature of

authorized officer.

7 Insert

“authorized officer” and the appointment by which the member is specified as an authorized officer. Refer to DLM Volume 1 Part 16. An ‘authorized officer’ in Part V of the Act includes a commanding officer.

To ......…………....................(1) of ...............................................(2).

You, a member of the Defence Force, have been convicted of .…….....................(3)

offence being that of …………………………(4).


………………………..(5), an authorized officer for the purposes of that sub-section,

hereby suspend you from duty pending a decision as to the termination of your

service.

Dated....................................... ..............................................................(6)

..………………………………………(7)

Note: Pursuant to section 99(3) of the Act, the requirements for serving this notice are specified in regulation 34 of the Defence Force Discipline Regulations.

Form E6

Certificate of evidence of fine or reparation order Section 175 of the Defence Force Discipline Act 1982


ID (where applicable) and full name.

2 Insert one of the

following: *the Registrar of Military

Justice; *an authorized officer for

the purposes of that sub-section; or

*a person appointed or

engaged under the Public Service Act 1999.

3 Insert amount of fine or

reparation order. 4 Insert either of the

following “a fine” or “a reparation order”.


ID (where applicable), and full name convicted person required to pay fine or reparation order.

6 Where a fine is imposed insert either “that Act” or “the Defence Force Discipline Appeals Act 1955”. Where a reparation order is imposed, “that Act”. 7 Signature of the person

issuing the certificate. 8 Insert one of the following: *the Registrar; *a person appointed or engaged under the Public Service Act 1999; * an authorized officer

(note the appointment by which the member is as an authorized officer. Refer to DLM Volume 1 Part 16.)


.......................................(1), …………………………..(2), hereby certify that

$................................(3), in respect of a ………….………..(4) imposed on

…………………………. (5), is due and payable to the Commonwealth under

………………………(6).

Dated....................................... ....................................................(7)

...………………………………(8)

Note: In accordance with sub-section 175(2) of the Act, this certificate shall be received in any civil court without further proof and is prima facie evidence of the facts stated in this certificate.

Form E7

Certificate of evidence regarding service offence Section 191 of the Defence Force Discipline Act 1982


PMKeyS ID of authorized officer. 2 Insert one of the following:

*paragraph 191(1)(a) (acquittal or conviction); * paragraph 191(1)(b) (dismissal of charge under sections 130,132 or 135 the Defence Force Discipline Act 1982); * paragraph 191(1)(c) (dismal of charge under previous service law); or * paragraph 191(1)(d) (service offence taken into consideration under section 77 of the Act).

3 Insert rank, full name and PMKeyS ID of person to whom sub-section 191(1) applies.

4 Insert one of the following: *was acquitted of a service

offence; *was convicted of a service

offence; *was dismissed of a charge of a

service offence under the Act; *was dismissed of a charge of a

service offence under previous law; or

* had a service offence taken into

consideration by a service tribunal for the purposed of Part IV of the Act, in accordance with section 77 of the Act;

5 Insert details of service offence

including reference to the section of the Defence Force Discipline Act 1982 or other relevant legislation.

6 Signature of authorized officer. 7 Insert “authorized officer” and

the appointment by which the member is specified as an authorized officer. Refer to DLM Volume 1 Part 16.

Pursuant to sub-section 191(1) of the Defence Force Discipline Act 1982,

I, ……………………………..(1), an authorized officer for the purposes

of that sub-section, hereby state, in accordance with paragraph

……………………(2) of the Act, that:

…..………..…….….(3) ……………………………(4), regarding namely

…………………………(5) by a service tribunal.

Dated....................................... ..................................................(7)

..……………………………....(8)

Note: In accordance with sub-section 191(2) of the Act, this certificate shall be received in any civil court without further proof and is prima facie evidence of the facts stated in this certificate.

Form F1

Suspension from duty of member convicted of an offence pending approval of punishment Sub-section 99(1) of the Defence Force Discipline Act 1982

1 Insert rank, full

name and PMKeyS ID of member convicted of an offence.

2 Insert unit. 3 Insert date of

punishment. 4 Insert one of the

following: * general court martial * restricted court martial * Defence Force magistrate * superior summary authority; * commanding officer; or * subordinate summary authority; or * reviewing authority

5 Insert details of

punishment(s). 6 Insert rank, full

name and PMKeYS ID.

7 Insert one of the

following: * general court martial * restricted court martial * Defence Force magistrate * superior summary Authority; * commanding officer; or * subordinate summary authority or * reviewing authority

8 Signature. 9 Insert one of the

following: *General court martial *Restricted court martial *Defence Force magistrate *Superior Summary Authority; *Commanding Officer; or *Subordinate Summary Authority; or * reviewing authority.

To ........……...................(1), a member of the Defence Force, of

........................................(2).

On ……………………..(3), a …………………………(4), imposed on you the

punishment(s) of ...............................(5).

In accordance with section 172 of the Act, the above punishment(s) does not take

effect unless and until it is approved by a reviewing authority.

Pursuant to sub-section 99(1) of the Defence Force Discipline Act 1982, I

…………………..(6), a ………………………(7), hereby suspend you from duty

pending the decision of the reviewing authority.

In accordance with section 100 of the Act, for the period of your suspension, you are

not entitled to remuneration. You may however make an application to me seeking a

direction that you are to receive remuneration for the whole or part of your suspension.

I may, in response to that application or independently, direct that you receive

remuneration for the whole or part of your suspension.

Dated....................................... .......................……………….................(8)

….……………………………………...(9)

Notes:

• Refer to DLM VOL 3, Chapter 8 for information about the rules of natural justice and fairness that apply to the decision making process involved in considering whether to suspend a member from duty.

• This notice must be served on the member of the Defence Force in a manner set out in the Defence Force Discipline Regulations 1985, regulation 34. For example; by delivery to the person in person, by prepaid postage to the person’s last known place of residence or business etc. Personal service is encouraged where practicable.

Form H1

Appointment of officer in charge of detention centre Sub-section 3(17) of the Defence Force Discipline Act 1982

1 Insert rank, full

name and PMKeyS ID of the commanding officer.

2 Insert name of

unit of commanding officer.

3 Insert one of the

following: *rank and full

name and PMKeyS ID of the officer in charge;

*the member for

the time being holding or performing the duties of the office of (name office); or

* describe class

of members. 4 Insert either of

the following: *the (insert

name) detention centre; or

*the detention

centre at (name of unit or establishment).

5 Signature of

commanding officer.


…………………………………(1), the commanding officer of

......................………………(2), hereby authorize ……………….........................(3)

to be the officer in charge of .....................................(4), responsible for the

administration of the detention centre for the purposes of that Act.

Dated....................................... ...............................................................(6)

Commanding Officer

Notes: • Refer to DI(G) PERS 45-3 Australian Defence Force Detention Centres, for the ADF policy on detention

centres. • Refer to Part II of the Defence Force Discipline Regulations 1985 for regulations concerning detainees

and detention centres.

Form H2

Appointment of visiting officer Regulation 13 of the Defence Force Discipline Regulations 1985

1 Insert rank and

full name and PMKeyS ID of authorized officer. (Refer to DLM VOL Part 16)

2 Insert either of

the following: * rank, full name

and PMKeyS ID of authorized officer/s; or

*the member

holding or performing the duties of (position title and position establishment number).

3 Insert name(s) of

area detention centre or corrective detention centre.

4 Signature of

authorized officer.

5 Insert

“Authorized Officer” and the appointment by which the member is specified as an authorized officer, by reference to the relevant instrument of authorization in DLM Volume 1 Part 16.

Pursuant to regulation 13 of the Defence Force Discipline Regulations 1985, I,

........................……................. (1), an authorized officer for the purposes of that

regulation, hereby appoint .................................................(2) to be a visiting officer in

respect of ..................................................(3) for the purposes of those Regulations.

Dated....................................... ............................................................(4)

...…………………….........................(5)

Notes:

• Refer to regulation 14 of the Defence Force Discipline Regulations 1985, provided in DLM VOL 1 Part 2, for the ‘duties of visiting officers’.

• Refer to DI(G) PERS 45-3 Australian Defence Force Detention Centres, for the ADF policy regarding the administration of detention centres, including a discussion of the role of visiting officers.

Form H3

Persons authorized to open correspondence in detention centre Regulations 20, 21 and 22 of the Defence Force Discipline Regulations 1985

1 Insert rank, full

name and PMKeyS ID of the officer in charge.

2 Insert name of

detention centre. 3 Insert rank and

PMKeyS ID and full name of member authorized.

4 Signature of

officer in charge.

Pursuant to regulation 20 of the Defence Force Discipline Regulations 1985, I,

.............................(1), the officer in charge of the ...............................................(2),

hereby authorize ....………………..............(3), a member of the staff of that detention

centre, to the extent permitted by regulations 21 and 22 of those regulations, to open

and inspect letters and parcels sent to detainees, or proposed to be sent by detainees,

and to read such letters.

Dated....................................... .................................................................(4)

Officer in Charge

Note: Refer to Part II of the Defence Force Discipline Regulations 1985 ‘Detainees and Detention centres’,

provided in DLM VOL 1 Part 2, for further information regarding the administration of detention centres.

Reference must be had to the relevant regulations for specific detail regarding the ability of detainees to

receive and send correspondence, and the circumstances in which such correspondence may be opened and

inspected by persons authorized in accordance with this form.

Form H4

‘Authorized person’ in relation to custodial facility Section 95A and sub-section 95A(4) of the Defence Force Discipline Act 1982

1 Insert rank, full name and PMKeyS ID of commanding officer. 2 Insert name of the

COs unit operating the detention centre or custodial facility,

3 Insert one of the


and PMKeyS ID of member being appointed;

*the member for the

time being holding or performing the duties of the office of (name office); or

*describe class of

members. 4 Insert one of the

following: *an authorized

person; or *authorized

persons. 5 Insert name of

custodial facility. 6 Signature of

commanding officer

Pursuant to sub-section 95A(4) of the Defence Force Discipline Act 1982, I,

..…………….............................(1), the commanding officer of

.....................................................(2), hereby appoint ……………..………………(3)

to be ..........................................................(4) pursuant to section 95A of the Act at

.....................................................(5).

Dated....................................... ..................................................(6)

Commanding Officer

Notes:

• Refer to DFDA section 95A for the powers and responsibilities of an ‘authorized person’ and an ‘authorized member’ in relation to a custodial facility. An authorized person may direct an authorized member to search an accused person and the clothing worn by the accused person. The search of persons in custody at a custodial facility is discussed in DLM VOL 3, Chapter 4 Annex A.

• Custodial facility means a place of facility under the control of the Defence Force and, at or in which a person in custody on a charge is detained.

• Refer to DI(G) PERS 45-3 ‘Australian Defence Force Detention Centres’ for extant policy regarding the administration of detention centres, including to hold ‘service persons under arrest’.

Form H4A

‘Authorized member’ in relation to custodial facility Section 95A and sub-section 95A(4) of the Defence Force Discipline Act 1982

1 Insert rank, full name and PMKeyS ID of commanding officer. 2 Insert name of the

COs unit operating the detention centre or custodial facility,

3 Insert one of the


and PMKeyS ID of member being appointed;

*the member for the

time being holding or performing the duties of the office of (name office); or

*describe class of

members. 4 Insert member (including rank, full

name and PMKeyS ID of member) or class of members (class may include categorization/ mustering) to be excluded from appointment.

5 Delete “except for”

if no exclusions are applicable.

6 Insert one of the

following: *an authorized


members; 7 Insert name of

custodial facility. 8 Signature of

commanding officer

Pursuant to sub-section 95A(4) of the Defence Force Discipline Act 1982, I,

..…………….............................(1), the commanding officer of

.....................................................(2), hereby appoint ……………..………………(3)

except for …………………………………(4)(5) to be

..........................................................(6) in relation to the search of persons in custody

pursuant to section 95A of the Act at .....................................................(7).

Dated....................................... ..................................................(8)

Commanding Officer

Notes:

• Refer to DFDA section 95A for the powers and responsibilities of an ‘authorized person’ and an ‘authorized member’ in relation to a custodial facility. An authorized person may direct an authorized member to search an accused person and the clothing worn by the accused person. The search of persons in custody at a custodial facility is discussed in DLM VOL 3, Chapter 4 Annex A.

• Custodial facility means a place of facility under the control of the Defence Force and, at or in which a person in custody on a charge is detained.

• Refer to DI(G) PERS 45-3 ‘Australian Defence Force Detention Centres’ for extant policy regarding the administration of detention centres, including to hold ‘service persons under arrest’.

Form H5

Officer authorized for the release of persons from custody

Section 97 of the Defence Force Discipline Act 1982

1 Insert rank, full

name and PMKeyS ID of commanding officer.

2 Insert name of

unit of commanding officer.

3 Insert either of the following: * rank, full name and PMKeyS ID of officer authorized; or *the member for the time being holding or performing the duties of the officer of (name office). 4 Signature of

commanding officer.


.………………………..(1), the commanding officer ..........……….........................(2),

hereby authorize..........…………………..(3) for the purposes of section 97, to release from

custody a person charged with a service offence, and to impose such conditions and

restrictions, of the kind authorized by the Chief of the Defence Force or a Service chief, as

he or she considers necessary on the person.

Dated....................................... ..............................................................(4)

Commanding Officer

Notes:

• Refer to DLM VOL 3, Chapter 4 Annex A, for further detail regarding the release of persons from custody following arrest, and the conditions and restrictions that may be imposed on the person being released.

• Refer to DLM VOL 1, Part 16, for a copy of the current declaration by CDF of the conditions and

restrictions that may be imposed on persons being released from custody.

Form H6

Approval to give copy of prints or photographs of detainee to another person Section 178B of the Defence Force Discipline Act 1982

1 Insert one of the

following: *hand prints;

*finger prints; *foot prints; *toe prints; or *photographs. 2 Insert rank, full

name and PMKeyS ID of detainee.

3 Describe the

detention centre (by type– Unit, Area or Corrective Detention Centre, and by location – eg. RAAF Richmond).

4 Insert rank, full

name and PMKeyS ID of authorized officer.

5 Insert rank and

PMKeyS ID (where applicable) and full name of person whom prints are being provided to.

6 Signature of


Officer” and the appointment by which the member is specified as an authorized officer by reference to an instrument of authorization in DLM Volume 1 Part 16.

Pursuant to sub-section 178B(1) of the Defence Force Discipline Act 1982,

………………………..(1) were taken of .......................................................(2), a

detainee, of ……………………………….(3).

Pursuant to sub-section 178B(3) of that Act, I, ............................................(4), an

authorized officer for the purposes of that sub-section, hereby approve the giving

of those prints to ...........…………………............(5).

Dated.......................................

.......................................................(6)

.…………………………………..(7)

Notes: Refer to DLM VOL 3 Chapter 4 Annex A, for a discussion of the process and requirements relating to

the taking of evidence from persons in custody.


Form H7

Declaration of detention centre Sub-regulation 5(1) of the Defence Force Discipline Regulations 1985


and PMKeyS ID of the Chief of the Defence Force, a Service chief, or an authorized officer.

2 Insert one of the

following: *the Chief of the

Defence Force; *a Service chief; or *an authorized officer

for the purposes of that sub-regualtion.

3 Insert description of

unit or place of the detention centre.

4 Insert one of the

following: *a unit; *an area; or *a corrective. 5 Signature of Chief of

the Defence Force, service chief or an authorized officer.

6 Insert one of the following: *”Chief of the Defence Force”; *”Chief of (XX

Service)”; or *”Authorized Officer”,

including the appointment by which the officer is specified as an authorized officer by reference to an instrument of authorization in DLM VOL 1 Part 16.

Pursuant to sub-regulation 5(1) of the Defence Force Discipline Regulations

1985, I, .....…….............................. (1), ..................................………........(2),

hereby declare that the detention centre at .........................………...............(3)

shall be conducted as …………………….…..(4) detention centre.

Dated....................................... ............................................................(5)

….…………………….......................(6)

Notes:

• Refer to DI(G) PERS 45-3 ‘Australian Defence Force Detention Centres’ for extant policy guidance regarding the management and administration of Defence Force detention centres.

• Refer to Part II of the Defence Force Discipline Regulations 1985 for specific information about ‘detainees and detention centres’.

Form I1

Authority for person to accompany part of Defence Force Sub-section 3(1) of the Defence Force Discipline Act 1982

1 Insert rank, full

name and PMKeyS ID of authorized officer.

2 Insert full name of

person authorized as a Defence Civilian.

3 Describe the unit or

detachment of the Defence Force.

4 Insert either of the following: * “outside Australia”; or * “on operations against the enemy”. 5 Insert either of the

following: *himself; or *herself. 6 Signature of


Officer” and the appointment by which the officer is an authorized officer by reference to an instrument of authorization in DLM VOL 1 Part 16.


……………………...........(1), an authorized officer for the purposes of that

sub-section, hereby authorize …………………….. (2) to accompany

.............………......(3) as part of the Defence Force that

is……………….................(4), for the purpose of being a ‘Defence Civilian’ within

the meaning of that sub-section.

……………………………..(2) has consented, in writing, to subject

…………………………....(5) to Defence Force discipline, under the Defence Force

Discipline Act 1985, while accompanying that part of the Defence Force.

Dated.......................................

..........................................................(6)

……………………………… …..(7)

Notes: • Attach the relevant Form I2 recording the person’s consent to be subject to Defence Force discipline as

a ‘Defence Civilian’. • Refer to DLM VOL 2 Chapter 2 for a discussion of the jurisdiction of the DFDA and the effect of a

person becoming a ‘Defence Civilian’.

Form I2

Consent by civilian to be subject to Defence Force discipline Sub-section 3(1) of the Defence Force Discipline Act 1982

1 Insert full name of

person giving consent.

2 Insert address of

person giving consent.

3 Describe the

unit or detachment. 4 Insert either of the

following: * “outside

Australia”; or * “on operations

against the enemy”. 5 Signature of person

giving consent. 6 Name of person

giving consent.

To an authorized officer for the purposes of section 3(1) of the

Defence Force Discipline Act 1982.

Pursuant to sub-section 3(1) of the Act, I, ……………...............(1) of

………………............(2), not being a defence member within the meaning of the Act,

hereby consent to be subject to Defence Force discipline while accompanying

……….....…..................(3), a part of the Defence Force, while that part is

.......................................(4).

Dated.......................................

...............................................(5)

……………………………..(6)

Note: Refer to DLM VOL 2 Chapter 2 for a discussion of the jurisdiction of the DFDA and the effect of a person becoming a ‘Defence Civilian’. In particular, a briefing should be given to any person who wishes to complete this form regarding the effect of their consent to subject themselves to Defence Force discipline.

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