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Minister for Defence Personnel and Veterans’ Affairs Andrew Gee this week flagged changes to the Defence Force Discipline Act 1982, with the hope of updating the defence force’s discipline framework.
Following a 2017 review into the DFDA, which was commissioned by the Chief of Defence, it was determined that the current legal framework for defence discipline proved too complicated, which had resulted in delays in determining smaller legal breaches.
It is hoped that the changes will enhance the ability for defence to deal with minor breaches. As cited in a release from Minister Gee, these changes include:
- Enabling a wider range of minor breaches of military discipline to be managed quickly and simply as disciplinary infringements, rather than service offences where complex, adversarial court-like procedures apply;
- A better structured discipline hierarchy based on the seriousness of the offending, available punishments, rank of the individual and the seniority of the discipline authority; and
- The changes introduce several new service offences relevant to the modern ADF.
Minister Gee outlined that Defence expects the changes to improve defence’s legal frameworks.
“Our military justice system provides the Australian Defence Force with a unique Australian legal framework that is able to be applied on operations anywhere in the world,” he said.
“However it has become slow and unresponsive under the weight of administration, requiring modernisation to meet current and future demands.
“These reforms will modernise military discipline system bringing it into the 21st century to tackle new issues such as cyber bullying.”
Minister Gee further confirmed that the changes are hoped to streamline the ability for defence to address smaller matters by reducing bureaucracy.
“Eighty per cent of disciplinary matters in the military involve relatively minor infringements. These transgressions will be dealt with quickly, easily and fairly under these reforms,” he said.
“The reforms allow for early intervention, and by reducing delays we are helping improve operational effectiveness. We will also ensure minor disciplinary matters are nipped in the bud early.
“The defence of the nation cannot be compromised by burdensome administration.
“It is essential to have military law that is separate to civilian law for offences that occur in a military environment especially when on operations in countries where the civil order has broken down.”
The updates to the DFDA are expected to be introduced to Parliament via the Defence Legislation Amendment (Discipline Reform) Bill 2021.
“For example the minor infringement of being absent from duty can be dealt with in as little as two or three days with a reprimand or a fine of a day’s pay. More serious breaches of discipline such as insubordinate conduct will receive a more severe reprimand or larger fine but again it can be managed within days,” Minister Gee concluded.
[Related: Unknown WWI Australian soldier has been identified]
