Chapter 1
Annual reports
Judge Advocate General
1.1
The Judge Advocate General's (JAG) annual report for the period 1
January 2014 to 31 December 2014 was tabled in the House of Representatives on
25 June 2015 and in the Senate on 10 August 2015. Section 196B of the Defence
Force Discipline Act 1982 (DFDA) requires the JAG, as soon as practicable
after 31 December each year, to provide the Minister with a report
relating to the operation of the DFDA.[1]
1.2
The office of the Judge Advocate General of the ADF was created by s 179
of the DFDA. The current JAG, Rear Admiral the Hon Justice M J Slattery RANR, was
first appointed on 14 May 2015, having acted in the position since 30 July
2014. His current appointment is until 29 July 2017.[2]
1.3
The functions of the JAG are prescribed by the DFDA. The JAG is
responsible for the following functions:
- reporting annually to Parliament on the operation of the DFDA, the
Regulations, the Rules of Procedure, and the operation of any other law of the
Commonwealth or the ACT insofar as that law relates to the discipline of the
Defence Force;
- making Procedural Rules for Service tribunals, being Court Martial and
Defence Force Magistrate Rules, and Summary Authority Rules;
- nominating the judge advocate for a court martial and Defence Force
magistrates;
- nominating to a Service Chief officers to be members of the judge
advocate's panel;
- appointing Defence Force magistrates from officers appointed as members
of the judge advocate panel;
- nominating to a Service Chief legal officers for the purposes of DFDA s 154(1)(a);
and
- if requested, providing a final and binding legal report in connection
with the internal review of proceedings before Service tribunals.[3]
Operation of the Superior Military Tribunals
1.4
The JAG noted that during the reporting period, trials by court martial
and DFM continued in accordance with the Military Justice (Interim Measures)
Act (No 1) 2009, as amended by the Military Justice (Interim Measures)
Amendment Act 2011 and the Military Justice (Interim Measures) Amendment
Act 2013.[4]
Appeals to the Defence Force
Discipline Appeal Tribunal
1.5
During the reporting period, there were no appeals determined by the Defence
Force Discipline Appeal Tribunal.[5]
Legislation
1.6
The JAG observed that the Military Justice (Interim Measures) Act (No
1) 2009 as amended continues the appointment of the former Chief Military
Judge and military judges as Chief Judge Advocate and full time judge advocates
respectively. The legislation remains in force only until 21 September 2015
unless further amended.
1.7
In the previous annual report, the then JAG recommended that while the
interim measures are working satisfactorily, a final decision should be taken
as to whether the interim measures will continue indefinitely, or whether a
Chapter III court is to be created.[6]
1.8
The current JAG agreed that, 'there is no more important a decision for
maintaining ADF members' confidence in the ADF's military justice system than
for Parliament now to express in legislation its own confidence in a permanent
system.'[7]
1.9
The JAG also discussed two matters of law reform. First, that the
maximum available fines for non-defence members under the DFDA should be
revised. Currently, the only punishments available are imprisonment or a fine
not exceeding $500, which was inserted in the legislation when it was enacted
in 1982. This fine has not kept pace with inflation and should be adjusted
automatically.[8]
1.10
Secondly, that the same reviewing authority which reviews twice whether
punishments are excessive is undesirable. The legislation does not preclude a
reviewing authority considering a petition lodged after that same authority had
already conducted a review. The JAG recommended the legislation be amended to
preclude the reviewing authority from reviewing a severity of punishment twice.[9]
Conclusion
1.11
In conclusion, the JAG stated that:
...I reemphasize Major General Tracey's
conclusion to his 2013 report and add: it is now highly desirable in that a
final decision be taken as to whether the interim measures are to be made permanent
or whether for instance, a Chapter III military court is to be created. While
the measures in place remain 'interim' it is difficult to address the
much-needed reforms that this and previous JAG report have suggested for
improving the operation of the military justice system.[10]
Other reports
1.12
Other portfolio authorities, agencies and/or companies which had their
annual reports examined by the committee, but were not otherwise commented upon
in this report, include:
-
AAF Company—report tabled in the Senate on 1 December 2014.
-
Royal Australian Air Force (RAAF) Welfare Recreational
Company—report tabled in the Senate on 1 December 2014.
-
Royal Australian Navy Central Canteens Board (RANCCB)—report
tabled in the Senate on 26 November 2014.
1.13
The committee considers that the annual reports of the above-mentioned
organisations adequately met their respective reporting requirements.
Senator Chris Back
Chair
Navigation: Previous Page | Contents | Next Page