Defence Force Discipline Rules 1985

Administered by Department of Defence

Legislation au F2004B00339 CourtRules Not in force Legislative Instrument

Legislation content

Defence Force Discipline Rules 1985

Statutory Rules 1985 No. 128 as amended

made under section 149 of the

Defence Force Discipline Act 1982

This compilation was prepared on 19 June 2006
taking into account amendments up to Defence Force Discipline Amendment Rules 2006 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part I Preliminary 

 1 Name of rules [see Note 1]

 2 Commencement 

 3 Interpretation 

 4 Cases not covered by the Act, the Rules or the Regulations             

 5 Summons to accused person 

 6 Service of summons 

 7 Instrument for purposes of section 194A of the Act 

Part II Charge sheets and charges 

 8 Charge sheets 

 9 Charges 

 10 How charges to be construed 

 11 Directions by Registrar of Military Justice regarding charges             

 12 Amendment of charge sheets by service tribunals 

 13 Withdrawal of charge 

Part III Witnesses 

 14 Securing appearance of witness on behalf of accused person             

 15 Accused person to be given copies of statements by witnesses             

 16 Prosecutor to notify accused person of additional evidence or intention not to call witness at trial by court martial or Defence Force magistrate             

 17 Exclusion of witness from court 

 18 Examination of witness 

 19 Recalling of witness and calling of further witnesses 

 20 Witness to reply forthwith 

 21 Expenses for witnesses 

Part IV Summary hearings 

 22 General responsibilities of summary authority 

 23 Hearing (other than a trial) by summary authority 

 24 Defence of accused person at summary hearing 

Part V Hearing before examining officer 

 25 Hearing by examining officer of evidence of person dangerously ill             

 26 Hearing by examining officer of evidence in other cases 

 27 Application of certain rules in relation to proceedings before examining officer             

Part VI Registrar of Military Justice and Director of Military Prosecutions             

 28 Order referring charge or case to Defence Force magistrate             

 28A Order referring charge or case to superior summary authority or commanding officer             

 29 Convening authority to provide certain documents 

 30 Inspection of exhibits before trial 

Part VII Courts martial 

 31 Functions of President 

 32 Functions of judge advocate 

 33 Manner of voting of court martial 

 34 Objections to members of court martial 

 35 Swearing of court martial 

Part VIII Defence Force magistrate 

 36 Functions of Defence Force magistrate 

Part IX Trial provisions 

 37 Employment of, objections to, and swearing of recorders and interpreters             

 38 Administration of oaths and affirmations 

 39 Application by accused person or prosecutor for adjournment of proceedings             

 40 Right of accused person and prosecutor to argue and adduce evidence on matter to be decided by service tribunal             

 41 Pleading to charges and arraignment 

 42 Opening address by prosecution 

 43 Service tribunal may direct substitution of plea of not guilty 

 44 Submission of no case to answer 

 45 Opening address by defence 

 47 Closing addresses 

 48 Summing up 

 49 Evidence as to material facts after conviction on plea of guilty             

 50 Convicted person’s record etc and plea in mitigation 

Part X Procedure for imposing punishment in case of breach of…

Overview

The Defence Force Discipline Rules 1985, enacted under section 149 of the Defence Force Discipline Act 1982, were introduced to address the need for a comprehensive set of rules governing the administration of justice and discipline within the Australian Defence Force. These rules, which came into effect on 3 July 1985, provide detailed procedures and guidelines for the handling of service offences, the conduct of trials, and the administration of courts martial and Defence Force magistrate proceedings. They aim to ensure that all proceedings are conducted fairly, efficiently, and in accordance with the law, thereby maintaining discipline and order within the Defence Force. The rules were developed by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, and are subject to amendments to keep them current with legislative changes and evolving practices within the Defence Force.

Scope and Application

The Defence Force Discipline Rules 1985, as amended, apply to all members of the Australian Defence Force (ADF) and other specified individuals, such as those who are summoned to give evidence or who are in custody. The Rules govern the administration of military justice within the ADF, providing detailed procedures for the conduct of court martials, Defence Force magistrate trials, and summary hearings. The Rules cover a broad array of military offences, including offences against the Defence Force Discipline Act 1982, Defence Force Discipline Regulations 1985, and the Criminal Code. These Rules also extend to the Commonwealth of Australia, its territories, and to any place outside Australia where ADF members are present. The Rules do not cover cases where there is no provision made by the Act, the Rules, or any regulations, but in such cases, the Rules direct that established courses in civil courts or the interests of justice should be applied. The Rules are supplemented by subordinate instruments, which provide further details on specific procedures and may amend or expand upon the primary Rules.

Key Provisions

  • The Defence Force Discipline Rules 1985 (the Rules) set out the procedures to be followed in relation to the administration of discipline in the Australian Defence Force (ADF). These Rules are made under the Defence Force Discipline Act 1982 (the Act). The Rules provide for the procedures in respect of charges, witnesses, and hearings, including summary hearings, hearings before an examining officer, and trials before a court martial or Defence Force magistrate. The Rules also cover the swearing of court martial, functions of the President and judge advocate, and the administration of oaths and affirmations. The Rules specify the roles of the Registrar of Military Justice and the Director of Military Prosecutions in referring charges or cases to Defence Force magistrates and other authorities. Additionally, the Rules address the recording of proceedings, the inspection of records and exhibits, and the imposition of punishment in cases of breach of an undertaking to be of good behaviour.
  • The Rules impose obligations on various parties, including the Registrar of Military Justice, the Director of Military Prosecutions, the accused person, the prosecutor, and the service tribunal. For instance, the Registrar of Military Justice must direct whether multiple charges are to be included in the same charge sheet or separate charge sheets, and whether multiple accused persons are to be tried jointly or separately (Rule 11). The Director of Military Prosecutions must notify the accused person of additional evidence or the intention not to call a witness at trial by a court martial or Defence Force magistrate (Rule 16). The accused person has the right to be represented at hearings, to be given copies of witness statements, and to object to members of the court martial (Rules 22(b), 15, and 34). The prosecutor must outline the case for the prosecution and provide notice of evidence to be presented at trial (Rules 23(d) and 16).
  • Breaches of the Rules may lead to civil or criminal consequences. For example, failure to comply with a summons (Rule 6) may result in penalties under the Act. Additionally, offences under the Rules, such as disobeying a lawful command (Rule 27) or assaulting a superior officer (Rule 25), carry specific penalties as outlined in the Act. The maximum penalties for these offences can vary, but they may include fines and imprisonment, depending on the severity of the offence and the provisions of the Act. The Rules themselves do not specify maximum penalties but refer to the Act for such details.

Legal classification tags

Area of Law
Military Law
Instrument
Regulation
Concepts
Commencement Provisions
Prosecutorial Powers
Defence Representation
Evidence Admissibility
Sentencing Procedures
Procedural Fairness
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.