Re-thinking Systems of Inquiry, Investigation, Review and Audit in Defence
Annex I Current mandated legal support available to Defence under Defence policy and instructions
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Contents Introduction ............................................................................................................................1
Defence Instructions (General) OPS ....................................................................................2
Defence Instructions (General) ADMIN ................................................................................4
Defence Instructions (General) PERS ..................................................................................7
Defence Instructions (General) LOG ..................................................................................15
Defence Instructions (General) FIN ....................................................................................17
Defence Instructions (Navy)................................................................................................17
Defence Instructions (Army) ...............................................................................................19
Defence Instructions (Air Force).........................................................................................23
ADFP 06.1.4 Administrative Inquiries Manual ..................................................................26
Re-Thinking Systems of Inquiry, Investigation, Review and Audit in Defence Stage B Report for Secretary and CDF
Annex I: Current mandated legal support available to Defence under Defence policy and instructions
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Re-Thinking Systems of Inquiry, Investigation, Review and Audit in Defence Stage B Report for Secretary and CDF
Annex I: Current mandated legal support available to Defence under Defence policy and instructions
Introduction
1.1.1. Defence policy which enables Defence personnel to obtain legal support is extensive. This includes legal support available to commanders or line managers as well as to ADF members individually in a more personal capacity.
1.1.2. The following table provides a breakdown of some of the applicable Defence policies which contain references to the availability of, or requirement to obtain, legal support. These have been grouped by policy type, including:
• Defence Instructions (General) OPS
• Defence Instructions (General) ADMIN
• Defence Instructions (General) PERS
• Defence Instructions (General) LOG
• Defence Instructions (General) FIN
• Defence Instructions (Navy)
• Defence Instructions (Army)
• Defence Instructions (Air Force)
• ADFP 06.1.4 Administrative Inquiries Manual
1.1.3. The Stage B Report discusses how complex and legalistic current arrangements for inquiry, investigation and review are. This results in decision-makers seeking support from specialists including legal officers. For example, there is a requirement that all inquiry officer inquiries under the Defence (Inquiry) Regulations 1985 be reviewed by a legal officer. Similarly, ADF members frequently seek assistance from legal officers in preparing Redress of Grievance submissions, particularly where the focus of the request for review is failure to comply with legal process.
1.1.4. In the event that the recommended model is implemented, the reduced complexity and bureaucracy would reduce the current reliance on legal support. That is, written material containing the outcome of fact finding activities prepared by decision makers would not longer require legal review, and ADF members would not have an automatic entitlement to legal support when preparing applications for review. This would not only reduce the costs to Defence and assist in the more timely resolution of matters, but it would also help to minimise the ‘legal culture’ that currently exists.
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Document Sponsor In what situations is legal support offered?
Is the legal support open to ADF, APS, cadets and/or contractors?
What is the process to obtain legal support
Defence Instructions (General) OPS
DI (G) OPS 1-1 Defence Force aid to the Civil Authority
Issue Date: 18 Jun 2010
Headquarters Joint Operation Command, Director General Plans
Defence Force Aid to the Civil Authority within part IIIAAA of the Defence Act 1903. Specific legal advice must be sought in respect of circumstances outside part IIIAAA.
Command and line management
Not specified
DI (G) OPS 05-1 Defence Assistance to the Civil Community—policy and procedures
Issue Date:16 Mar 2004
COMAST Insurance policies are to be scrutinised by a Defence Legal Officer to ensure that they fully meet the Department’s requirements.
*Who ever is seeking to provide the support
*Command and line management
Not specified
DI (G) OPS 13-9 Defence Counter intelligence Policy (restricted)
Issue Date:19 Mar 2004
Deputy Secretary Intelligence, Security and International Policy
As comprehensive legal guidance is not within the scope of this instruction, legal advice must be sought before proceeding with other than routine CI activities, or where there is any doubt about the legality of proposed activities.
*Anyone working in counter intelligence
*Command and line management
Not specified
DI(G) OPS 13-16 Defence policy relating to the collection of biometric data for intelligence purposes
Issue Date: 3 Oct 2012
Deputy Secretary Intelligence and Security Group
Tactical level commanders are responsible for promulgating detailed standard operating procedures (SOPs) that have been cleared by a legal officer setting out collection guidelines.
Advice must be sought from Defence Legal on the matters set out in the instruction at Paragraphs 12–
Command and line management
Not specified
Re-Thinking Systems of Inquiry, Investigation, Review and Audit in Defence Stage B Report for Secretary and CDF
Annex I: Current mandated legal support available to Defence under Defence policy and instructions
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors?
14, including when planning new collection methods of biometric data or collection of biometric data in a country which has not previously been the subject of such advice.
DI (G) OPS 28-1 Use of light aircraft by Defence personnel on duty
Issue Date: 5 Jan 2010
Chief of Air Force Where doubt exists as to the appropriateness of the terms and conditions of hire for aircraft , participants should seek advice from the Defence Legal Division, Directorate of Advising.
*ADF members
*Command and line management
Simply to seek advice directly from the Defence Legal Division
DI (G) OPS 30-1 Joint warfare individual training policy within Australian Defence Force Warfare Centre
Issue Date: 19 Feb 2003
Chief of Staff—Headquarters Joint Education Training and Warfare Command
None – simply that the Defence Legal Service is nominated as a stake holder
Not applicable Not applicable
DI (G) OPS 32-1 Appropriation and import of defence related material during Australian Defence Operations
Issue Date: 29 Nov 2006
Director Strategic Logistics Policy
DCJOPS or his delegate, or Australian contingent or component commanders shall issue local regulations or instructions regarding the acquisition by individual members of the ADF or Defence civilians, of Defence material of non-Australian origin. Advice shall be sought from an ADF legal officer regarding such local regulations or instructions before they are issued
*DCJOPS or his delegate
*Command and line management
Not specified
DI (G) OPS 33-1 Australian Defence Force Law of Armed Conflict Training
Head Defence Legal
Director General of Australian Defence Force Legal Services is the training advisor for LOAC training in the ADF
Command and line management Not specified
Re-Thinking Systems of Inquiry, Investigation, Review and Audit in Defence Stage B Report for Secretary and CDF
Annex I: Current mandated legal support available to Defence under Defence policy and instructions
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors? Issue Date: 27 Jan 1994
DI (G) OPS 44-1 Legal review of new weapons
Issue Date: 5 Jun 2005
Director Operations and International Law
The Director-General Australian Defence Force Legal Service is to review all proposed new weapons in accordance with this instruction to determine whether the new weapons or their intended use in combat are consistent with the obligations assumed by the Australian Government under applicable treaties to which Australia is a party and with customary international law.
Command and line management CCDG is responsible for requesting legal review from DGADFLS. Where the DMO is responsible for the study, development, acquisition, adaptation or modification of a weapon outside the capability development process outlined above the DMO is to seek a legal review of the weapon from DGADFLS.
Defence Instructions (General) ADMIN
DI (G) ADMIN 06-01 Policy and procedures for the implementation of Defence Trials
Issue Date: 17 Nov 2007
Director-General Test and Evaluation, Chief Capability Development
Proposals to use organisations from outside Defence (eg CSIRO, National Acoustics Laboratories, etc) as Trial Agencies must be cleared, through ADTEO, with appropriate Defence authorities. Requirements covering international agreements and arrangements are to be determined in consultation with the Directorate of International Government Agreements and Arrangements within Defence Legal.
*As required
*Command and line management
Not specified
DI (G) ADMIN 27-2 Access to Defence and Defence–related archival records under the Archives
Director Classified Archival Records Review
Within Defence, the Directorate of Classified Archival Records Review (DCARR), Defence Legal Division, is responsible for providing advice to the NAA and the AWM on the public access status of potentially sensitive Defence and Defence-related open period records being considered for public
*As stated
*Command and line management
Not specified
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Annex I: Current mandated legal support available to Defence under Defence policy and instructions
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors? Act 1983
Issue Date: 24 Oct 2005
release.
DI (G) ADMIN 30-1 Forms management in the Australian Defence Organisation
Issue Date: 26 Sep 2006
Director Publishing, Deputy Secretary Defence Support
FMU personnel have a responsibility to provide a cost effective, efficient and a customer aligned program of forms services to Defence. If there is a question surrounding the compliance of a form with these privacy obligations, the matter should be referred to the relevant subject matter experts or to the Directorate of Advisings, Defence Legal
A form sponsor is the administrative authority behind a business process or procedure. All registered Defence forms have sponsors, generally acknowledged at the branch or unit level. Sponsors are specifically responsible for: obtaining approval and clearance of form content from all relevant authorities and stakeholders, including the design acceptance authority representative or equivalent, and Defence Legal;
Command and line management Not specified
DI (G) ADMIN 38-1 Policy and procedures for the use of the Woomera Prohibited Area and Woomera Test Facility
Issue Date: 4 Jun 2007
Director Enabling Capability—Air Force
Where the WPA is to be used by non-Defence organisations, these users will be required to provide appropriate indemnities to the Commonwealth and to obtain suitable insurance cover. Non-Defence users are to liaise with the DWTF and the Defence Legal Service to determine the appropriate levels of indemnity and insurance
If doubt exists as to the appropriate requirement, Defence personnel should consult Defence Legal Division
*Defence personnel
*Command and line management
Not specified
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Annex I: Current mandated legal support available to Defence under Defence policy and instructions
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors?
DI (G) ADMIN 45-2 The reporting and management of notifiable incidents
Issue Date: 26 Mar 2010
Commanders and managers are to determine whether an incident is a NI as soon as possible after becoming aware of the incident. Where it is determined that an incident is a NI, it is to be reported immediately in accordance with this Instruction. If there is doubt as to whether a matter is a NI, it is to be reported. Advice is to be sought from a DIA or legal officer in appropriate cases
*Command and line management Not specified
DIGAA must be consulted as early as practicable when an Agreement or Arrangement is being considered.
DI(G) ADMIN 48-1 International Government Agreements and Arrangements
Issue Date: 28Jun 2012
Directorate of International Government Agreements and Arrangements
The Directorate of International Government Agreements and Arrangements (DIGAA) within the Defence Legal Division has responsibility within Defence, pursuant to a specific exemption granted under the Legal Services Directions 2005, for the coordination of all Agreements and Arrangements sponsored by Defence. This includes the provision of advice on the interpretation and legal status of Agreements and Arrangements and on Australian drafting practice, and consultation with other Australian Government agencies.
*Al Defence Personnel and External Service Providers (ESP) where compliance is a term of their engagement with Defence
*Legal Assistance to ADF members
*Command and line management
DI(G) ADMIN 61-1 Inspector–General of the Australian Defence Force—role, functions and responsibilities
Issue Date: 27 Aug 2003
Inspector-General of the Australian Defence Force
Persons particularly concerned about privacy and confidentiality may wish to seek their own legal advice prior to making a submission to the IGADF
*ADF members
*Cadet Officers / instructors in certain circumstances.
None is specified but reference is made to
DI(G) PERS 12–1—General Scope of Legal Assistance Provided to Service Personnel and Legal Aid to Australian Defence Force Members Overseas
DI (G) ADMIN 63-01 Management of land affected by
Director training area management, Deputy Secretary
Any application by a landowner/occupier for an indemnity from the Commonwealth in respect of personal injury or property damage that has arisen
*Command and line management Any application for an indemnity will be referred in the first instance to AST&FS
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Annex I: Current mandated legal support available to Defence under Defence policy and instructions
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors? unexploded ordnance
Issue Date:23 Sep 2004
Defence Support from functioning of UXO will be referred in the first instance to AST&FS who may then consult with Chief Finance Officer Group and Legal Services Division.
who may then consult with Chief Finance Officer Group and Legal Services Division.
DI (G) ADMIN 65-1 Administrative Inquiry Tracking
Issue Date: 4 July 2006
Inspector-General Australian Defence Force
Appointing Authority and Appointing Officer responsibilities include: subject to service exigencies where it would not be practicable or timely to do so, ensuring Terms of Reference (ToR) are reviewed by independent legal counsel prior to issuing an Instrument of Appointment;
*Appointing Authorities
*Command and line management
Not specified
DI(G)ADMIN 67 -2 Quick Assessment
Issue Date: 7 Aug 2007
Director Health Capability Development, Vice Chief of the Defence Force
This DI only specifically refers to legal advice in relation to the type of inquiry that might occur following a QA but it does refer to a number of other Instructions that need to be complied with where legal advice is open
*Members undertaking a QA
*Command and line management (as far as what to do after a QA)
Not specified
Defence Instructions (General) PERS
DI(G) PERS 03-4 Termination of service in the Australian Defence Force
Issue Date: 25 Jul 2011
Directorate of Military Personnel Policy
A decision maker who is considering making a termination decision without following the usual processes should seek legal advice before doing so.
*Decision maker for termination
*Command and line management
Not specified
DI (G) PERS 05-5 Rationalised education and training
Issue Date:10 Jan 2012
Directorate of Education and Training Policy
Where there are issues with respect to the development or interpretation of the terms in an MOA, the concerned parties may seek appropriate legal guidance.
*Defence Education and Training Committee
*Command and line management
Not specified
Re-Thinking Systems of Inquiry, Investigation, Review and Audit in Defence Stage B Report for Secretary and CDF
Annex I: Current mandated legal support available to Defence under Defence policy and instructions
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors?
DI (G) PERS 05-41 Management of Australian Defence Force Standby Reserves
Issue Date: 13 April 2005
Chief of Staff to Head Reserve and Employer Support Division
A member of the Standby Reserve in an overseas location, who was aware of the call-out order and the direction to render CFTS, is subject to the provisions of the Defence Force Discipline Act 1982. If, following a call-out order and a direction to serve, a member failed to report for duty, the member could effectively be absent without leave pursuant to section 24 of the DFDA depending on the individual circumstances of each case. In such a situation, legal advice should be sought.
*Uniform personnel
*Command and line management
Not specified
DI(G) PERS 12-1 General Scope of Legal Assistance Provided to Service Personnel and Legal Aid to Australian Defence Force Members Overseas
Issue Date: 3 Oct 1996
Deputy security Defence Support, National Practice Manager
Any member of the Defence Force may obtain legal assistance from a Service legal officer, whether a member of the Permanent Forces or of the Reserve Forces. The legal aid entitlements available to ADF members and detailed in this Instruction are additional to those entitlements provided under the Defence Force Discipline Act 1982. Legal aid may also be provided to ADF members on approved leave whilst on official duty overseas who are charged with criminal offences allegedly committed whilst off-duty or who are facing civil litigation arising out of incidents which occurred whilst the ADF member was off-duty. Legal assistance is also available in certain circumstances to officers and instructors of cadets appointed under the Cadet Forces Regulations.
*ADF Members
*Cadet Officers / instructors in certain circumstances
Members are required to seek legal assistance through normal unit channels. Legal assistance is designed to supplement and not displace the long standing principle that member should turn to their superior officers for assistance.
Overseas: On overseas postings, legal assistance is subject to the exigencies of service. If a legal officer is in the locality, he/she will usually provide legal assistance if other duties permit and provided that the provision of assistance does not involve him/her in any conflict of interest as legal
Re-Thinking Systems of Inquiry, Investigation, Review and Audit in Defence Stage B Report for Secretary and CDF
Annex I: Current mandated legal support available to Defence under Defence policy and instructions
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors? adviser to the commander.
DI(G) PERS 12-2 Court or police orders restricting access to weapons or firearms by members of the Australian Defence Force
Issue Date:10 Jan 2012
Directorate of Military Personnel Policy
The Commander must seek urgent legal advice from the Defence Legal Division as to whether or not an order in relation to weapons to an individual is applicable to the authorised possession and use of an ADF weapon by the Defence Member.
*Commanding Officers or those who are in charge of ADF members to whom this issue applies
*Command and line management
Not specified
DI (G) PERS 13-4 Exchange and secondment of Australian Defence Force personnel with Non–Defence Organisations
Issue Date: 21 Nov 2005
Director Military Personnel Policy
Following approval of an exchange, appropriate ADO and NDO appointments are to interview the personnel selected for the exchange. In addition, for both an exchange and secondment, a Deed of Arrangement with the host agency is to be negotiated and the final draft is to be cleared by the Defence Legal Division (DLD).
*Defence personnel arranging the exchange
*Command and line management
Not specified
DI (G) PERS 14-3 Defence policy on Adventurous Training
Issue Date:16 Jan 2008
Directorate of Education and Training Policy, People Strategies and Policy Group
While planning an AT activity, the activity organisers should consult the Defence Insurance Office to discuss particular aspects of the planned activity. Defence legal officers are available to assist with such matters
*Those planning AT activities
*Command and line management
Not Specified
Re-Thinking Systems of Inquiry, Investigation, Review and Audit in Defence Stage B Report for Secretary and CDF
Annex I: Current mandated legal support available to Defence under Defence policy and instructions
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors?
DI (G) PERS 15-5 Management of the use or involvement with prohibited substances in the Australian Defence Force
Issue Date:2 Apr 2011
Directorate of Military Personnel and Policy
If a Defence member is accused of selling, dealing or trafficking in a prohibited drug, the applicability of any relevant laws of the country in which the alleged offence occurred will depend on the particular situation. If there is any ambiguity legal advice should be sought.
ADF members may consult a Defence legal officer to assist them in preparing a Statement of Reasons.
ADF member
Not specified
DI (G) PERS 16-15 Australian Defence Force Medical Employment Classification System
Issue Date: 1 Jul 2011
Directorate Military Personnel Policy
Commanding Officers are to ensure that Defence members within their command receive advice from a Service legal officer, if necessary.
Any ADF member whose MEC is being reviewed.
Not specified
DI(G) PERS 16-20 Privacy of health information in Defence
Issue Date: 30 July 2008
Director Health Capability Development
Where there may be a release of health information advice may be sought from Defence Legal.
*Anyone involved in the issue of the release of information
*Command and line management
Not specified
DI(G) PERS 20-6 Death of Australia Defence Force Personnel
Issue Date: 20 May 2008
Directorate of Military Personnel Policy
If the disembarkation of remains to the port of another country is considered (following a death at sea), advice from the authority commanding the operation must be sought. Relevant authorities should seek appropriate legal advice in this circumstance.
Command and line management Not specified
Re-Thinking Systems of Inquiry, Investigation, Review and Audit in Defence Stage B Report for Secretary and CDF
Annex I: Current mandated legal support available to Defence under Defence policy and instructions
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors?
DI(G) PERS 21-1 Political activities of defence personnel
Issue Date: 4 Oct 2007
Director Military Personnel Policy
Where Defence members wish to stand in a State or Territory election, they must have regard to the legislative requirements of the particular State or Territory when considering whether a transfer to the Reserves or termination of their appointment is appropriate. Defence members in this situation should seek legal advice.
Any ADF member who is proposing standing for a position
Not specified
DI (G) PERS 28-1 Work experience in defence
Issue Date: 5 Dec 2008
Cadet, Reserve and Employer Support Division
Standard Defence templates for work experience placements may be modified, as appropriate, to suit local arrangements. However, in the event that material changes are made to the template, the Base Support Manager is to seek advice on the contents of the modified template from a Defence Legal Officer prior to entering into any placement agreement.
*Defence supervisor of a work experience student
*Command and line management
Not specified
DI (G) PERS 33-1 Citizen ship requirements for entry to and service in the Australian Defence Force
Issue Date: 17 Jun 2009
Director of Military Personnel policy
Where doubt exists about the citizenship status of an ADF member, advice should be sought from DMPP in the first instance. Where necessary, DMPP may seek legal advice from Defence Legal.
*Directorate of Military Personnel Policy
*Command and line management
Not specified
Re-Thinking Systems of Inquiry, Investigation, Review and Audit in Defence Stage B Report for Secretary and CDF
Annex I: Current mandated legal support available to Defence under Defence policy and instructions
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors?
DI (G) PERS 33-4 Management and administration of Australian Defence Force members under 18 years of age
Issue Date: 22 Apr 2008
Directorate of Military Personnel Policy
In cases where there is a strong conflict between the wishes of the parent(s) and the minor (where the minor does not wish their service to be terminated), or between parents, COs must seek legal advice to determine whether action should be pursued.
*Command and line management
*The minor concerned.
In accordance with normal process
DI (G) PERS 34-1 Redress of Grievance tri service procedures
Issue Date: 8 Sep 2010
Director-General Fairness and Resolution
Members may request legal assistance in the preparation of a Redress of Grievance.
ADF members
In accordance with DI(G) PERS 12–1—General Scope of Legal Assistance Provided to Service Personnel and Legal Aid to Australian Defence Force Members Overseas. The type and duration of legal assistance provided to a member must be approved by the legal office that supports the unit, in accordance with current policies and directions from Defence Legal Division.
DI(G) PERS 34-2 Complaints of discrimination and harassment through the Australian Human Rights Commission
Issue Date:18 Apr 2009
DEPSEC PSP (DGFR)
In the management of complaints made to the Commission, where referred by DGFR or CR, Defence Legal will:
a. provide advice to DGFR or CR to assist with the preparation of Defence’s response;
b. provide or arrange for legal representation for Defence at conciliation conferences; and
*ADF members
*Command and line management
*DGFR and CR
In accordance with DI(G) PERS 12–1—General Scope of Legal Assistance Provided to Service Personnel and Legal Aid to Australian Defence Force Members Overseas. Defence employees should refer to the Legal Services Directions
Re-Thinking Systems of Inquiry, Investigation, Review and Audit in Defence Stage B Report for Secretary and CDF
Annex I: Current mandated legal support available to Defence under Defence policy and instructions
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors? c. assist in the settlement of complaints.
Where a complaint is terminated by the Commission and proceedings are instigated in the Federal Court or the Federal Magistrates Court, the matter is to be referred to Defence Legal. Defence Legal will liaise with Comcover with respect to the further conduct of the matter.
2005—appendix E—Assistance to Commonwealth employees for legal proceedings, issued by the Attorney-General. The granting of assistance is discretionary and each case will be decided on its merits and no assumption should be made that an application will be approved.
DI (G) PERS 34 -4 Use and Management of Alternative Dispute Resolution in Defence
Issue Date: 27 Jun 2003
Director Alternative Dispute Resolution and Equity
The ADR practitioner should ensure that the parties are fully informed of the possible legal implications of ADR and where necessary refer the parties to Directorate of Alternative Dispute Resolution and Conflict Management to coordinate the provision of independent legal advice to the parties.
ADF members
Directorate of Alternative Dispute Resolution and Conflict Management to coordinate
DI (G) PERS 34-5 Defence Reserve Service (Protection) Act 2001—policy and procedures for complaint resolution
Issue Date:26 Feb 2004
Head Reserve and Employer Support
Director of Office of Reserve Service Protection may seek legal advice and give consideration to appointing suitably qualified Investigating Officers where there is a complaint against a Reservist
*Command and line management
* Director of Office of Reserve Service Protection
Not specified
DI (G) PERS 35-3 Management and reporting of unacceptable behaviour
Directorate of rights and responsibilities
The complainant and respondent may seek legal advice, though from separate legal officers. The respondent is not to consult the legal officer responsible for providing advice to the commander or manager managing the complaint.
*ADF members
*Command and line management
In accordance with DI(G) PERS 12–1—General Scope of Legal Assistance Provided to Service Personnel and Legal Aid to Australian
Re-Thinking Systems of Inquiry, Investigation, Review and Audit in Defence Stage B Report for Secretary and CDF
Annex I: Current mandated legal support available to Defence under Defence policy and instructions
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors? Defence force Members Overseas .Generally, Defence APS employees are not provided with the same level of legal assistance as ADF members. APS employees should refer to Legal Services Direction 2005, appendix E—‘Assistance to Commonwealth Employees for Legal Proceedings’.
Issue Date: 28 Jun 2009
DI(G) PERS 35-4 Managing and reporting of Sexual offences
Issue Date: 22 Nov 2011
Directorate of Rights and Responsibilities
Dealing with sexual offences is legally complex and commanders and managers are advised to seek early legal advice in every case.
*Command and line management
*ADF members who are victims or respondents
Not specified
DI (G) PERS 35-6 Formal warnings and Censures in the Australian Defence Force
Issue Date:16 Jul 2010
Director Military Personnel Policy
For a notice of either a formal warning or censure advice should be sought from a legal officer.
An imposing authority may refer the question of whether or not procedural fairness has been applied in the consideration of the matter to a legal officer.
*Command
*ADF member to whom a notice has been issued.
Not specified
DI (G) PERS 35-7 Defence Equity Adviser Network
Issue Date: 9 May 2003
Director Rights and Responsibilities
If Defence personnel are unsure as to whether information constitutes ‘personal information’ under the Privacy Act 1988, they should obtain legal advice.
Command and line management Not specified
Re-Thinking Systems of Inquiry, Investigation, Review and Audit in Defence Stage B Report for Secretary and CDF
Annex I: Current mandated legal support available to Defence under Defence policy and instructions
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors?
DI (G) PERS 42-4 Philanthropic organisations within the Australian Defence Force—policy and administration
Issue Date: 26 Feb 2004
Director Personnel Support and Amenities, Deputy Secretary Defence Support
Philanthropic representatives allocated for duty with the ADF outside Australia are subject to certain provisions of the Defence Force Discipline Act 1982 as approved by Head Defence Personnel Executive on advice from the Defence Legal Service.
*Head Defence Personnel Executive
*Command and line management
Not Specified
DI (G) PERS 45-1 Jurisdiction Under Defence Force Discipline Act—Guidance for Military Commanders
Issue Date: 17 Feb 1999
Director Military Discipline Law
To provide legal advice in relation to the application of the DFDA with respect to offences committed in Australia during peacetime which have an equivalent under the ordinary criminal law and advice on review.
Command The CO refers the matter to the legal officer for advice or review.
Defence Instructions (General) LOG
DI(G) LOG 4-3-012 Hire and Loan of Stores and Equipment to and from sources outside Defence
Issue Date: 20 Dec 2011
Commander Joint Logistics
The Hirer/Lender may have their own form of agreement which they will wish the Commonwealth to sign in lieu of a Defence agreement. In such cases, such agreements must be referred for legal clearance to Defence Legal (Office of General Counsel).
Clearance also needs to be obtained in relation to indemnities
*ADF members
*Command and line management
Not specified
Re-Thinking Systems of Inquiry, Investigation, Review and Audit in Defence Stage B Report for Secretary and CDF
Annex I: Current mandated legal support available to Defence under Defence policy and instructions
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors?
DI(G) LOG 4-3-002 Procurement of Materiel and Services from the United States of America under the Foreign Military Sales Program
Issue Date: 1 Oct 2010
Commander Joint Logistics
Financial Circular 2003/02 requires that officials obtain legal advice before agreeing to issue an indemnity.
The Office of Special Counsel is responsible for reviewing and endorsing risk assessments in relation to an LOA. Additionally, DMO Legal provides legal advice on issues arising under acquisition strategies for Major Capital Equipment, including where FMS is indicated as a procurement option.
*All ADF personnel involved in the process
*Command and line management
Not specified
DI(G) LOG 4–3–008 Disposal of Defence Assets
Issue Date:30 Oct 2006
Director Strategic Logistics Policy
ADF members are advised to seek legal advice should they be unsure of their obligations in respect of the disposal of assets, particularly weapons
ADF Members
Not specified
DI(G) LOG 4-3-016 Defence policy on access to, and ownership of, salvageable military equipment
Issue Date: 13 Oct 2009
Commander Joint Logistics
Commander Joint Logistics is responsible for determining, in consultation with Defence Legal and other Defence stakeholders as required, Defence’s position as to ownership of military equipment discovered casually, proposed to be salvaged, or has been recovered.
*Commander Joint Logistics
*Command and line management
Not specified
Re-Thinking Systems of Inquiry, Investigation, Review and Audit in Defence Stage B Report for Secretary and CDF
Annex I: Current mandated legal support available to Defence under Defence policy and instructions
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors?
Defence Instructions (General) FIN
DI (G) FIN 12-1 The control of fraud in Defence and the recovery of public monies
Issue Date: 19 Apr 2005
Inspector General - Defence
All managers and commanders may seek advice from the IGD Group, Service legal areas or Service Police organisations regarding fraud. If a fraud allegation or suspicion relates to an ADF member and the circumstances indicate that the fraud may exceed $20 000 in value, the commanders, managers and/or Service Police organisations involved are to report the matter forthwith to the Director Military Justice (DMJ).
*Defence personnel dealing with suspected fraud
*Command and line management
Not specified
Defence Instructions (Navy)
DI(N) ADMIN 1-1 Production of Defence Instructions
Issue Date: 18 Dec 2002
DGNCC Personnel responsible for drafting a DI(N) are to consult The Defence Legal Service (TDLS) if they consider that legal advice is required before submission of the draft DI(N) for publication
*Personnel responsible for drafting a DI(N)
*Command and line management
DPS may refer a draft DI(N) to TDLS for legal advice before final clearance for publication.
DI(N) ADMIN 35-23 Legal Status of Members of the Armed Forces of Foreign Countries in Australia
Issue Date: 22 Feb 1995
DNLS Where a request to assist in the arrest of unattached members of the armed forces of a declared DA country is received from a person, other than a designated authority, the request should not be complied with, and advice should be sought from the Director of Naval Legal
Services.
*Anyone dealing with a request for assistance in the arrest of members of another nation.
*Command and line management
On receipt of a written request from a designated authority of a declared DA country, any RAN authorised officer may issue a warrant for the apprehension of a Serviceman who is absent without leave from a visiting force of the sending country.
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors?
DI(N) PERS 40-8 Private debts
Issue Date: 5 May 2004
DNEC
Members who are the subject of correspondence relating to debts, or who are having difficulty in managing money are to be interviewed and counselled by their Divisional Officers. Depending on the severity of their financial circumstances, the .provision of legal advice should be considered
Serving members of the Royal Australian Navy
*Command and line management *Legal Assistance to ADF member
Per DI(G) PERS 12-1 or DI(N) 90-4
DI(N) PERS 47-1 Disclosure of records of RAN Personnel
Issue Date: 22 Aug 1994
Not specified Personal information may only be disclosed in accordance with the terms of this instruction. When in doubt as to whether particular information should be disclosed, the advice of a legal officer is to be sought. Any matter that cannot be solved locally is to be referred to the Director of Naval Legal Services (DNLS).
*Not specified but would be where anyone is asked to disclose information
*Command and line management
Not specified
DI(N) PERS 90-4 Legal Counselling
Issue Date: 20 Aug 1996
DNLS
Legal counselling is available in relation to matters of Service discipline, conditions of naval service and personal civil legal problems.
*Navy personnel
*Command and line management
a. Headquarters of Administrative Authorities, HMA Ships or Establishments in
which PNF Legal Officer Borne. Members should request an appointment with the PNF legal officer through their Divisional Officers.
b. Personal Services Organisation. In situations where PNF legal officers are not readily available, members (through their Divisional Officer and with the approval of their Commanding Officer) should contact the Personal Services
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
obtain legal support and/or contractors? Organisation. The Personal Services Organisation will arrange an appointment with an appropriate PNF or Reserve legal officer ensuring that wherever possible a PNF legal officer is consulted in preference to a Reserve legal officer.
Defence Instructions (Army)
DI (A) ADMIN 23-2 Management of reportable incidents
Issue Date: 2 Apr 2004
DCOORD–A Military police reports are distributed on a need to know basis. Legal advice is to be sought before access is given to persons other than the original addressees.
*Who ever is proposing on releasing the report
*Command and line management
Not specified
DI (A) ADMIN 63-3 Losses of Non-Public Moneys
Issue Date: 13 Nov 1997
DPSA As the recovery of any amount cannot be ordered by a court martial or other disciplinary proceedings in relation to NPMA, advice should be sought from a legal officer upon the most appropriate method of seeking recovery prior to initiating disciplinary action.
*Command and line management Not specified
DI (A) ADMIN 70-7 Environmental responsibilities in the planning, conduct and post conduct of Army activities
Issue Date:27 Aug 2010
DGDP–A
Army personnel must aim to comply with State government environmental legislation in the State where the activity is to take place on DTAs. If in doubt activity planners should seek guidance from functional command and formation legal staff.
*Activity planners
*Command and line management
Not specified
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
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DI (A) PERS 30-1 Management and exercising of Delegations and authorisation of Powers dealing with army personnel management
Issue Date: 15 Dec 2009
DGPERS–A Chief Legal Officer—Army (CLO–A) has an advisory role. Their responsibilities include: to provide quality assurance support to the DGPERS–A desk officer by reviewing proposed delegation changes; and provide legal advice and staff support to the CA for the clearance or approval of delegation changes, as required.
*As per those who make the request
*Command and line management
Not specified
DI(A) PERS 33-6 Welfare responsibilities within the army
Issue Date: 29 Apr 2007
DGPERS–A Other organisations within Army which should be considered by the CO/OC when ascertaining the most appropriate form of welfare support include Army legal services—Defence Legal Division.
*ADF members
*Command and line management
Not specified
DI (A) PERS 47-10 Resignation, Retirement and Termination of Service—Officers
Issue Date: 28 May 1998
DPP
The rules of natural justice require that the officer be:
a. made aware of the action proposed to be taken;
b. given access to all adverse material upon which the proposal is based; and
c. given a reasonable opportunity to comment on both the adverse material and the proposed action (in this regard the officer is entitled to advice and assistance including legal advice in the preparation of any response).
ADF members
Not specified
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
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DI (A) PERS 66-1 Alcohol use and the management of alcohol misuse in the Army
Issue Date: 18 Jul 1994
Not specified ADF members may consult an Army Legal Officer, if one is available, to assist you in preparation of a response.
ADF members
Not Specified
DI(A) PERS 67-5 Theft
Issue Date: 18 Jul 1996
SO1 PERS SPT
DGPS&C-A
When `Show Cause´ action is taken the unit is to provide advice and assistance to the ADF member in preparing any response to the notice; and/or if requested, arrange legal advice for the member.
ADF members
Not specified
DI (A) PERS 111-2 Legal Aid
Issue Date: 18 Oct 1995
SO2 MIL/OPS LAW
DALS
The provision of legal assistance to Army members falls into two categories:
a. work related legal assistance, and
b. non-work related legal assistance.
*ADF members
*Command
Appointments to see Legal Officers are to be made through unit orderly rooms
DI (A) PERS 111-6 Disclosure and Production of Official Documents (Including Personal Information Pertaining to Members)
Issue Date: 3 Apr 1996
SO2 MIL/OPS LAW
DALS
When a person receives a request for information pertaining to a member’s personnel or Service record the person is to forward the request to the appropriate authority which holds the Information If authorised officers are still in doubt as to the type of information which may be disclosed they are to consult a legal officer.
A person who is required to produce a document without the requirement that the document be produced to a court, should seek the advice of a legal officer.
*`Authorised Officers´
*Command and line management
Not specified
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
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DI (A) PERS 116-5 Separation of Regular Army soldiers, Army Reserve soldiers and soldiers on full–time service—policy and procedures
Issue Date:20 Dec 2005
SCMA Units are advised to seek legal advice prior to initiating termination action on soldiers whose parents/guardians have withdrawn their consent.
Whenever an administrative discharge is being proposed, the DPR requires that the soldier is given at least 28 days to provide a SOR as why the proposed action should not be taken (in this regard the soldier is entitled to seek legal advice when it is reasonably available.
Units are to seek advice from their supporting legal officers re drug terminations
*ADF members
*Command
Not specified
DI (A) PERS 116-13 Army Reserve Traineeship and Apprenticeship Program
Issue Date: 13 Apr 2005
Not specified The unit and the GTO are to formalise the partnership with an MOU. This is to be based on the principles and guidelines contained in this directive and designed, in conjunction with formation legal advice, to meet specific regional and trade or technical requirements
*Unit Personnel
*Command
Not specified
DI (A) PERS 117-1 Marriage
Issue Date: 18 July 1996
SO1 PERS SPT
DGPSC-A
Before performing a marriage overseas, a Service chaplain must be sure that all the requirements for validity are fulfilled. If any doubt exists, this doubt must be resolved by legal advice. If necessary, a Service chaplain may refer the matter directly to Director of Army Legal Services, Army Headquarters for advice.
Service chaplain Not specified
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
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DI(A) PERS 217 -6 Waivers of entry requirements and provisional entry
Issue Date: 2 Nov 2006
DGPERS–A Administrative action may commence at any time during the period of provisional service when it becomes apparent that the entrant will not comply with the provision. The entrant should be given access to a legal officer, if one is available, to assist in preparing a response. If termination is to be progressed before the completion of DFDA action, legal advice should be sought.
*ADF entrants
*Command
Not specified
Defence Instructions (Air Force)
DI (AF)PERS 24-4 Royal Australian Air Force Specialist Reserve Administration Instruction revised
Issue Date: 4 Sep 2000
DRES–AF The primary responsibility of Royal Australian Air Force Specialist Reserve (RAAFSR) legal officers is to assist and compliment Permanent Air Force legal officers
The scope of, and limits to, legal assistance/aid available to members of the RAAF at Commonwealth expense are set out in DI(G) PERS 12
Members of the RAAF As per DI (G) PERS 12-1
DI (AF) OPS 4-8 Individual Readiness
Issue Date: 27 Apr 2000
DMAN–AF
Guidelines are provided to assist Commanders and members in addressing the Individual Availability component of Individual Readiness they can do so under DI(G) PERS 12–1.
*Members of the RAAF
*Command
As per DI (G) PERS 12-1
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
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DI (AF) OPS 5-38 Provision and management of Explosive Ordnance Reconnaissance and Disposal capabilities in the Royal Australian Air Force
Issue Date: 11 Apr 2005
DGCM–AF
Air Force has an IEDD capability coverage for its key Air Command bases such that it can also assist in the protection of key weapon systems in peacetime. If there is confusion about the classification of assistance, legal advice is to be sought.
Command Not specified
DI (AF) ADMIN 8-11 Service Documents and Nominal Rolls—Permanent Air Force
Issue Date: 2 Feb 2001
DGPERS–AF Requests for information regarding the pay or allowances of a member from any person for any reason, including a spouse or other dependant, or a solicitor for any such person asking for information regarding the pay or allowances of a member in connection with, or in contemplation of, proceedings for a claim for maintenance are to be referred to Defence Force Pay Accounting Centre for action, and to Director-General Air Force Legal Services for information.
*Unit being asked for the information
*Command and line management
Not specified
DI (AF) ADMIN 8-15 Management of records arising from formal counselling of Air Force personnel in the workplace and Navy and Army personnel posted, attached or on temporary duty at an Air Force
DMA–AF
Personnel responsible for record keeping and maintenance and the use of formal counselling notes are to seek legal advice if they are in doubt as to what is required to ensure that a person is afforded procedural fairness in any given situation.
*Personnel responsible for record keeping and maintenance
*Command and line management
Not specified
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obtain legal support and/or contractors? establishment
Issue Date: 15 Oct 2007
DI (AF) ADMIN 9-32 Reporting of members absent without official leave
Issue Date:18 Nov 2003
DMA–AF Where the member’s return is essential or appropriate (for disciplinary, criminal or security reasons), legal advice should be sought for raising a warrant for the member’s arrest.
Unit commander Not specified
DI(AF) ADMIN 11-6 Committees of adjustment
Issue Date: 23 Sep 1996
DPE-AF
Where a CO officer is finalising the affairs of a deceased member and ownership of property is in dispute, the committee is to refer the matter to command headquarters for legal advice.
*The committee (made up of officers or senior NCO’s)
By way of referral by the Committee
DI (AF) ADMIN 14-7 Visits to Air Force establishments
Issue Date: 3 Sep 2004
DCOORD–AF Visits involving activities which could potentially cause harm to visitors or damage to their property including, but not limited to, the demonstration of aircraft, vehicles or equipment, are only to be authorised where non-ADO visitors have indemnified the Commonwealth against liability arising from the visit. Advice on the appropriateness of obtaining indemnities and on procedures for their completion is to be sought from local Legal Officers.
*Visits coordinating officer
*Command and line management
Not specified
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
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ADFP 06.1.4 Administrative Inquiries Manual
Paragraph 1.36 Defence Legal Chapter 1, annex C provides a matrix to assist in deciding which type of inquiry is the most appropriate. Staff legal officers throughout the ADF as well as the Director Military Administrative Law are available to offer advice and assistance on the selection of the most appropriate type of inquiry.
*Appointing authorities
*Command and line management
Not specified
Paragraph 1.39 Defence Legal In the case of a Board of Inquiry the legal officer assisting the board will normally undertake the scoping.
N/A Not specified
Paragraph 1.44. Defence Legal In drafting Terms of Reference, staff legal advice is to be sought. In particular, with respect to Boards of Inquiry, the advice of the Directorate of Military Administrative Law is to be obtained before Terms of Reference are issued. Terms of Reference are to be reviewed by a Service legal officer before issue.
*Appointing authorities
*Command and line management
Not specified
Paragraph 1.58 Defence Legal Where practicable and consistent with security considerations, provision is to be made for the next of kin to attend Boards of Inquiry whether the Boards are open or closed; and a liaison officer is to be appointed to assist them during the period of the inquiry. A single representative of a deceased member will be provided with legal representation before a Board of Inquiry
Deceased ADF members’ Next of Kin
Not specified
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
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Paragraph 1.61 Defence Legal Where the President of a Board of Inquiry has deemed a member (or deceased member) to be affected by the inquiry, an appropriately qualified and experienced Service legal practitioner will be provided at Commonwealth expense to represent the member or deceased member in order to protect their interests and reputation during the inquiry.
*ADF member
*Deceased ADF members’ Next of Kin
Not specified
Paragraph 1.65 Defence Legal Officers conducting Routine Inquiries, Inquiry Officer Inquiries and Boards of Inquiry have no executive authority to implement their recommendations. Executive Authority is vested only in the Appointing Authority/Officer (or a superior officer). The Appointing Authority/Officer is to consider the report of an inquiry to ensure that it adequately addresses the Terms of Reference, and that the evidence supports the findings and recommendations. In most instances a legal review must be obtained in respect of an inquiry report prior to the Appointing Authority/Officer taking action upon the report
Appointing Authority / Officer Not specified
Paragraph 1.72 Defence Legal Commanders acting as Appointing Authorities/Officers should consult staff legal officers and those directed to conduct inquiries should seek advice from legal officers
*Command
*Individuals directed to undertaken inquiries
Paragraph 4.9 (i) Defence Legal Witnesses may seek legal advice; however, there is no entitlement to legal representation before a Routine Inquiry Officer.
Witnesses
Not specified
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
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Paragraph 4.39 (c) Defence Legal Where the Routine Inquiry Officer has reservations about disclosing the content of any document, a legal officer should be consulted.
Routine Inquiry Officer Not specified
Paragraph 4.46 Defence Legal On receipt of the report from the Routine Inquiry Officer the commander is to consider the conclusions, findings and recommendations promptly and seek any additional advice as necessary. Examples are legal advice on the report and recommendations or specialist assessments and advice. The commander must seek a legal review of an inquiry report prior to taking action in respect of the report
Commander Not specified
Paragraph 5.5 Defence Legal For Boards of Inquiry, legal officers should brief Appointing Authorities on the nature of their general responsibilities and the factors which will influence the selection of personnel for BOI appointment.
Appointing Authorities Not specified
Paragraph 5.21 Defence Legal Appointing Authorities/Officers should discuss appropriate options for the format of an inquiry with a Legal Officer prior to finalising Terms of Reference and Appointment instruments.
Appointing Authorities Not specified
Paragraph 5.26 Defence Legal Planning for inquiries may include consideration of legal support for potentially affected persons.
Potentially affected persons Not specified
Paragraph 5.45 Defence Legal Counsel Assisting the BOI is responsible for the collation and presentation of evidence and the provision of legal advice to the Board of Inquiry.
Board of Inquiry Not specified
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Paragraph 5.47 Defence Legal Senior Counsel Assisting should be supported by one or more experienced Defence Force legal officers
Senior Counsel Assisting Not specified
Paragraph 5.49 Defence Legal Regulation 33(3) of the Defence (Inquiry) Regulations provides that an affected person, or the representative of a deceased affected person, may appoint another person (who may be a legal practitioner) to represent them at a BOI. Services of ADF officers will be provided at the expense of the Commonwealth
*Affected persons
*Representative of a deceased affected person
Not specified
Paragraph 5.59 Defence Legal Where practical a legal officer should assist the Appointing Authority/Officer in drafting the Terms of Reference to ensure that the Inquiry is conducted in accordance with the Defence (Inquiry) Regulations, ADF policy and administrative law principles.
Appointing Authority/Officer Not specified
Paragraph 5.62 Defence Legal Where practical, Terms of Reference should be drafted in consultation with a legal officer.
Appointing Authority/Officer Not specified
Paragraph 5.71 Defence Legal If an Inquiry Officer or the President of a BOI concludes at any time that the Terms of Reference are unsatisfactory or require amendment (whether before or during the course of the inquiry) application is to be made in writing to the Appointing Authority/Officer for amendment to the Terms of Reference. Where application is made to widen the scope of the inquiry, the Appointing Authority/Officer should consult a legal officer or DMAL.
Appointing Authority/Officer Not specified
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Document Sponsor In what situations is legal support Is the legal support open offered? to ADF, APS, cadets What is the process to
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Paragraph 5.74 Defence Legal Prior to commencement of an inquiry, Board Members, Inquiry Officers and Counsel are to be briefed in respect of their accountabilities and responsibilities and those of the Appointing Authority. The brief may be conducted by the local legal officer, or in the case of more complex inquiries, by a legal officer from DMAL.
*Board Members
*Inquiry Officers
*Counsel
Not specified
Paragraph 5.81 Defence Legal A person who may be affected by the inquiry has the right to representation before the Board (this can be by a legal practitioner)
Potentially affected person
Not specified
Paragraph 5.86 Defence Legal A legal review of an Inquiry Officer report is to be sought by the Appointing Authority/Officer prior to taking any action on the report. A legal review of a BOI Report should in most circumstances be obtained.
Appointing Authority/Officer Not specified
Paragraphs 5.94/ 5.95 Defence Legal When disciplinary or civil court proceedings are likely to be instituted as a result of an offence against the Defence (Inquiry) Regulations, care should be taken to avoid:
a. premature publication of the findings and recommendations of the inquiry (other than to the Appointing Authority);
b. any public statement with regard to the findings and recommendations; or
c. the taking of administrative action as a result of the findings and recommendations, which might prejudice those proceedings.
Where any of the above action is contemplated,
Command Not specified
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Paragraph 6.16 Defence Legal Should there be legal issues that require resolution, the Appointing Officer should seek legal advice as necessary
Appointing Officer Not specified
Paragraph 6.18 Defence Legal Prior to commencement of an inquiry, Inquiry Officers and the Appointing Officer are to be briefed in respect of their accountabilities and responsibilities. The brief may be conducted by the local legal officer, or in the case of more complex inquiries, by a legal officer from DMAL
*Inquiry Officers
*Appointing Officer
Not specified
Paragraph 6.26 Defence Legal The Inquiry Plan will assist in identifying the issues when seeking legal advice prior to commencing the inquiry. A legal officer should be consulted before the inquiry commences, especially in complex cases.
Inquiry Officers
Not specified
Paragraph 6.45 Defence Legal As a rule the Inquiry Officer should provide to the subject of a complaint all the documents relied upon. Where the Inquiry Officer has reservations about disclosing the content of any document, they are to contact a legal officer for advice
Inquiry Officer Not specified
Paragraph 6.57 Defence Legal Witnesses may seek legal advice; however, there should be no presumption of entitlement to legal representation before an Inquiry Officer. If a request for legal representation is approved, a Service legal officer will be made available at no cost to the member.
Witnesses
Not specified
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Paragraph 6.77 Defence Legal The Appointing Officer must obtain a legal review of the Inquiry report prior to acting on the report
Appointing Officer Not specified
Paragraph 6.85 Defence Legal Appointing Officers are to seek legal advice if there is any doubt about the effect of the Privacy Act 1988
Appointing Officer Not specified
Paragraph 7.8 Defence Legal The Appointing Authority should appoint a Service legal officer to assist the BOI
Appointing Officer Not specified
Paragraph 7.23 /7.24 Defence Legal If the President of a BOI considers a person may be affected by the inquiry, that person is entitled to appear before the Board. This right of appearance also applies to a single representative of a person who has died, where the President considers that the record or reputation of the deceased may be affected. The affected person or the representative of the deceased may appoint another person (who may be a legal practitioner) to represent them at the inquiry. If the appointed legal practitioner is an officer in the Defence Force, the Commonwealth will pay for the legal practitioner’s services. If the legal practitioner is a civilian, the representation will be at the expense of the affected person or the representative of the deceased.
Potentially affected person who is an ADF member
Not specified
Paragraph 7.59 Defence Legal An affected person may appoint another person (who may be a legal practitioner) to represent them before the Board
Affected person
Not specified
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Paragraph 7.90 Defence Legal The Appointing Authority is to consider the report to ensure that it adequately addresses the Terms of Reference, that the evidence supports the findings and the recommendations are appropriate. Specialist staff advice, including legal advice, should, in most circumstances, be obtained by the Appointing Authority.
Appointing Authority
Not specified
Paragraph 7.101 Defence Legal Appointing Authorities are to seek legal advice if there is any doubt about the effect of the Privacy Act 1988.
Appointing Authorities Not specified
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