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Military discipline

AGS has extensive experience in advising on military discipline issues. We have advised on a range of issues including:

  • the powers of the Military Court under the Defence Force Discipline Act 1982
  • the extra-territorial operation of the Defence Force Discipline Act 1982
  • legal issues relating to the report of the HMAS Success Commission of Inquiry
  • a range of legal and procedural issues relating to a court established in accordance with Chapter III of the Constitution
  • a range of issues relating to the court martial/Defence Force Magistrate system
  • command powers under the Defence Act 1903
  • the implications of the High Court's decision in Lane v Morrison and related issues.

Our Dispute Resolution experts have also provided advice and assistance in relation to disciplinary investigations, pending military discipline proceedings (including appeals and protection of Commonwealth information), Repatriation Commission and Military, Rehabilitation and Compensation Commission matters, and Defence Force Ombudsman matters.

  Guy Aitken QC Chief General Counsel 02 6253 7084
  Simon Thornton Senior Executive Lawyer 02 6253 7287