The concurrency of discipline and administrative actions in the Australian military. What it means for ADF members' rights

Article

Collins, Pauline. 2023. "The concurrency of discipline and administrative actions in the Australian military. What it means for ADF members' rights." University of Tasmania Law Review. 42 (2), pp. 41-77.
Article Title

The concurrency of discipline and administrative actions in the Australian military. What it means for ADF members' rights

ERA Journal ID34056
Article CategoryArticle
AuthorsCollins, Pauline
Journal TitleUniversity of Tasmania Law Review
Journal Citation42 (2), pp. 41-77
Article Number2
Number of Pages37
Year2023
PublisherUniversity of Tasmania
Place of PublicationAustralia
ISSN0082-2108
Web Address (URL)http://www.austlii.edu.au/cgi-bin/viewdoc/au/journals/UTasLawRw/2023/7.html
Abstract

This article aims to explore and identify whether the Australian Defence Force’s (ADF) use of its discipline and administrative systems accords with legal principles such as double jeopardy and/or double punishment. Additionally, this article questions the nature, role and interaction of the Defence Force Discipline Act 1982 (Cth) and the Defence Regulation 2016 (Cth). The article explores the consequences of the ADF chain of command's use of both discipline and administrative systems on its members. The question arises whether the current practices in the ADF amount to an abuse of process when successive or concurrent processes are used, causing oppressive outcomes for those involved.

Keywordsmilitary discipline; adminsitrative discipline; service tribunals
Contains Sensitive ContentDoes not contain sensitive content
ANZSRC Field of Research 2020480504. Legal institutions (incl. courts and justice systems)
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Byline AffiliationsSchool of Law and Justice
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