Defence Force Discipline Act 1982
No. 152, 1982
Compilation No. 38
Compilation date: 1 July 2026
Includes amendments: Act No. 17, 2025
About this compilation
This compilation
This is a compilation of the Defence Force Discipline Act 1982 that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
3A Character of service offences
4 Declaration of active service for disciplinary purposes
5 Commanding officers for disciplinary purposes
5A Appointment of superior authority
6 Further provision with respect to certain members of the Defence Force
7 Prisoners of war
8 Extension to external Territories
9 Extra‑territorial operation of Act
Part IA—Disciplinary infringements
Division 1—Introduction
9A Simplified outline of this Part
9B Object of this Part
Division 2—Key provisions
9C Election to be dealt with under the infringement scheme
9CA Prescribed defence member
Division 3—Disciplinary infringement provisions
Subdivision A—Key concepts
9D When a disciplinary infringement is committed
Subdivision B—Minor disciplinary infringement provisions
9DA Disciplinary infringement provision—absent from duty
9DB Disciplinary infringement provision—absent without leave not exceeding 3 hours
9DC Disciplinary infringement provision—disobeying a lawful command
9DD Disciplinary infringement provision—failing to comply with a general order
9DE Disciplinary infringement provision—member on guard or on watch
9DF Disciplinary infringement provision—failure to perform duty or carry out activity
9DG Disciplinary infringement provision—prejudicial conduct
Subdivision C—Disciplinary infringement provisions only within jurisdiction of senior discipline officers
9DH Disciplinary infringement provision—absent without…
Overview
The Defence Force Discipline Act 1982 was enacted by the Commonwealth Parliament to provide a legal framework for maintaining discipline within the Australian Defence Force (ADF). This Act serves to address the need for a specialised legal system to govern the conduct of ADF members, ensuring that military discipline is maintained in accordance with the unique demands and standards of military service. By establishing a comprehensive set of rules and procedures for dealing with service offences and disciplinary matters, the Act helps to uphold the integrity, efficiency, and operational readiness of the ADF. The legislation covers various aspects, including the definition of offences, the establishment of service tribunals, the imposition of punishments, and the rights of accused persons. The Act also extends its provisions to external territories and applies extraterritorially to ADF members, ensuring that discipline is enforced consistently, regardless of location.
Scope and Application
The Defence Force Discipline Act 1982 applies to the Australian Defence Force and related entities, governing the discipline of members within the Defence Force, including permanent and reserve personnel, during both peacetime and active service. The Act applies to defence members serving within Australia, its external territories, and beyond, but only to those members who are serving or acting in a capacity that subjects them to Defence Force discipline. It does not apply to civilians or persons outside of the Defence Force, unless they are explicitly defined as defence civilians or are prisoners of war. The Act's provisions cover a wide range of conduct and transactions, including offences against the Crown, offences related to operations against the enemy, mutiny, desertion, and various other service offences. Specific exclusions include certain civil court offences and civilian conduct not impacting Defence operations. The application of the Act can be extended or restricted by subordinate instruments, particularly through regulations that may detail specific circumstances or modify certain provisions. This Act is complemented by various schedules and rules that provide additional definitions, penalties, and procedural guidelines, ensuring a comprehensive legal framework for military discipline in Australia.
Key Provisions
- The Defence Force Discipline Act 1982 (the Act) governs the discipline within the Australian Defence Force (ADF). It establishes a framework for dealing with disciplinary infringements, service offences, and the imposition of punishments. Under the Act, disciplinary infringements are minor breaches of discipline that are not classified as service offences. Prescribed defence members, such as junior officers or lower-ranked personnel, can elect to be dealt with under a simplified infringement scheme. This scheme allows for the imposition of punishments without the need for a formal trial, provided the infringement is minor. The Act outlines specific disciplinary infringement provisions, such as being absent from duty or disobeying a lawful command.
- The Act imposes several obligations on the ADF, including the requirement for commanding officers to ensure that members adhere to the rules and regulations governing military discipline. The Act also mandates the appointment of superior authorities to oversee disciplinary matters, such as the Chief of the Defence Force and service chiefs. Furthermore, it sets out the procedures for investigations, trials, and the imposition of punishments for service offences. For instance, the Act details the roles and responsibilities of investigating officers and the different types of tribunals that can handle service offences, including courts martial and summary authorities. It also outlines the scale of punishments that can be imposed for various offences, with the severity of the punishment corresponding to the gravity of the offence.
- The Act enumerates numerous offences, each with specific penalties. For example, abandoning a post or surrendering to the enemy carries a maximum penalty of imprisonment for 15 years. Other offences, such as desertion or aiding the enemy, attract penalties of imprisonment for life. Additionally, the Act includes provisions for offences relating to the unauthorized use of weapons, dangerous driving, and cyber-bullying within the ADF. Each offence is clearly defined, and the corresponding penalties are specified, ensuring that there is a clear understanding of the legal consequences of violating military discipline. Furthermore, the Act includes offences that are specific to the ADF, such as failing to report for duty, insubordination, and engaging in prejudicial conduct. It also addresses offences that occur in the execution of duty, such as recklessness or negligence.
- Breaches of the Act can result in both civil and criminal consequences. For instance, disobeying a lawful command can lead to a custodial sentence, while more severe offences, such as mutiny or desertion, can result in imprisonment for up to 15 years or life imprisonment, respectively. The Act also allows for the imposition of fines and other penalties for certain offences. For example, an unauthorized discharge of a weapon can lead to imprisonment for up to 6 months or a fine, or both. The Act provides a comprehensive list of offences and their respective penalties, ensuring that all members of the ADF are aware of the legal ramifications of their actions. This structured approach to discipline helps maintain order and effectiveness within the military.
- Area of Law
- Military Law
- Criminal Law
- Administrative Law
- Instrument
- Act
- Concepts
- Offence Provisions
- Civil Penalty Provisions
- Punishments that may be imposed by a court martial
- Defence Force Discipline
- Disciplinary infringements
- Defence Force magistrates
- Reviewing authorities