EXPLANATORY STATEMENT

 

Select Legislative Instrument 2008 No. 180

 

 

Defence Force Discipline Act 1982

Defence Force Discipline (Consequences of Punishment) Amendment Rules 2008 (No. 1)

 

Discipline Officer scheme

 

Subsection 68(2) of the Defence Force Discipline Act 1982 (DFDA) provides that the Chief of the Defence Force (CDF) or a Service chief may make rules with respect to the consequences that are to flow from the imposition of certain punishments by a service tribunal. The Defence Force Discipline (Consequence of Punishment) Rules (the Rules) were made in 1986 by the then CDF for this purpose. The Rules, for example, provide that the consequences that flow from the imposition of the punishment of ‘restriction of privileges’ include the member being unable to leave the unit, establishment or ship in which the punishment is to be served except in the course of duty. Furthermore, he or she may not participate in any entertainment or recreational activity or consume any alcohol. Other consequences flow in respect of other punishments.

 

The Rules do not presently apply to punishments imposed by a discipline officer as a discipline officer is not a service tribunal as defined in the DFDA.

 

The Discipline Officer scheme (DO scheme) is established under Part IXA of the DFDA. Part IXA was amended by the Defence Legislation Amendment Act 2008 (DLAA08) to expand the jurisdiction of discipline officers to deal with infringements of discipline by junior officers (up to and including a Lieutenant in the Navy, Captain in the Army and Flight Lieutenant in the Air Force), warrant officers and non commissioned officers. This is in addition to the existing ranks of officer cadet and midshipman, and members below non commissioned rank. Minor infringements by all these members can now be dealt with in a way that will not appear permanently on their service record.

 

DLAA08 introduced a new section 169FB of the DFDA, allowing CDF or a Service chief to make rules that apply to the punishments imposed by a discipline officer under the DO scheme.

 

The Rules are amended to reflect that the consequences in the Rules apply to punishments imposed by a discipline officer under subsection 169FB(1). Specifically, rules 6 (restriction of privileges), 7 (stoppage of leave) and 8 (extra duties) should refer to subsection 68(2) and subsection 169FB(1) of the DFDA. This enables the standardisation of the consequences for DFDA punishments under subsection 68(2) and subsection 169FB(1).

 

The Rules are a legislative instrument for the purpose of the Legislative Instruments Act 2003.

 

The Rules commence on the commencement of subsection 169FB(1) of the Defence Force Discipline Act 1982.

 

There has been no consultation in the making of this instrument as it relates to the management and service of members of the ADF.

 

 

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ATTACHMENT

 

DEFENCE FORCE DISCIPLINE (CONSEQUENCES OF PUNISHMENT) RULES - DETAILS OF THE PROPOSED AMENDMENTS

 

 

Regulations 1 to 3 provide for preliminary matters relating to naming, commencement and amendment, by Schedule 1, of the Defence Force Discipline (Consequences of Punishment) Rules (the Rules).

 

Schedule 1 provides for the main amendments to the Rules.

 

Item [1] renames the Rules to be consistent with current drafting practice.

 

Item [2] omits the words ‘the purposes of’ in subrule 3(2). This has also been done for rules 4 and 5 (Item [4]) and rules 9 to 13 (Item [6]). These amendments also reflect current drafting practice in the way certain provisions are referred to. They do not affect the substantive content of the Rules.

 

Item [5] amends rules 6, 7 and 8 to reflect the amendments made by the DLAA08 to reflect that the consequences in the Rules apply to punishments imposed by a discipline officer under subsection 169FB(1).