Senate Foreign Affairs, Defence and Trade Legislation Committee
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Provisions of the Military Court of Australia Bill 2012 and the provisions of the Military Court of Australia (Transitional Provisions and Consequential Amendments) Bill 2012
14 August 2012
© Commonwealth of Australia 2012
View the report as a single document - (PDF 76KB)
Report
into the provisions of the Military Court of Australia Bill 2012 and the
provisions of the Military Court of Australia (Transitional Provisions and
Consequential Amendments) Bill 2012
1.1
On
29 June 2012, pursuant to the Selection of Bills Committee Report, the Senate
referred the provisions of the Military Court of Australia Bill 2012 and the
provisions of the Military Court of Australia (Transitional Provisions and
Consequential Amendments) Bill 2012 to the Foreign Affairs, Defence and Trade
Legislation Committee for inquiry and report. The provisions of both bills were
also referred to the Legal and Constitutional Affairs Legislation Committee for
inquiry and report by 14 August 2012.
1.2
The
reason for referring the provisions of the bill to the Senate Foreign Affairs,
Defence and Trade Legislation Committee recognised that the committee had
'extensive knowledge, background and history on the military justice debate'.
The Selection of Bills report recorded further:
Given that experience, and the fact that the new
model is so different from that it replaces, it would be prudent to have the
Bills considered by that Committee.[1]
1.3 In
anticipation of the proposed legislation being referred to both committees, the
Senate Foreign Affairs, Defence and Trade Legislation Committee met privately
on 28 June. The committee decided that it would not duplicate the work of the
Legal and Constitutional Affairs Legislation Committee by conducting a parallel
inquiry. Instead, it resolved to provide a background paper to the committee
based on its experience with the establishment of the Australian Military Court
of Australia in 2006 and the subsequent decision of the High Court on its
invalidity.
1.4
The
paper provided to the Legal and Constitutional Affairs Legislation Committee
explained that in its 2005 report on Australia's military justice system the
committee recommended that the government establish an independent permanent
military court. The court was intended to extend and protect a Service member's
inherent rights and freedoms, leading to impartial, rigorous and fair outcomes.[2] It would be
staffed by independently appointed judges possessing extensive civilian and
military experience.
1.5
On
14 September 2006, the then Minister Assisting the Minister for Defence, the
Hon Bruce Billson MP, introduced the Defence Legislation Amendment Bill 2006
into the House of Representatives (the bill). The main purpose of the proposed
legislation was to give effect to the government's undertaking to enhance
Australia's military justice system as outlined in its response to
recommendations contained in the committee's 2005 report.
1.6
The
provisions of the bill were referred to the committee for inquiry. In its
report, tabled in October 2006, the committee recommended that the government
review the bill based on the evidence presented to it and amend or re-draft the
proposed legislation accordingly before proceeding with it.[3] The
government decided to delay debate on the bill to allow time for amendments to
be drafted and presented to parliament. On 29 November 2006, the government
introduced amendments, which were to give effect to some of the matters raised
by the committee in its consideration of the bill. The bill as amended was
passed by parliament and received assent on 11 December 2006.
1.7
In
its background paper to the Legal and Constitutional Affairs Legislation
Committee, the committee outlined the key findings in its report on the
establishment of the court. The committee then drew attention to its continuing
interest in, and monitoring of the operation of the court until, in August
2009, the High Court found that it was constitutionally invalid.
Senator the Hon Ursula Stephens
Chair
[1] Selection of Bills Committee, Report no. 8 of 2012, 28 June 2012,
Appendix 2.
[2] Senate Foreign Affairs, Defence and Trade References Committee, The
effectiveness of Australia's military justice system, June 2005, p. xxii.
[3] The Senate Standing Committee on Foreign Affairs, Defence and Trade, Defence
Legislation Amendment Bill 2006 [Provisions].
For further information, contact:
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