Defence (Inquiry) Regulations 1985
made under the
Defence Act 1903
Compilation No. 15
Compilation date: 1 October 2016
Includes amendments up to: F2016L01557
Registered: 17 October 2016
About this compilation
This compilation
This is a compilation of the Defence (Inquiry) Regulations 1985 that shows the text of the law as amended and in force on 1 October 2016 (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. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
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.
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. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Name of Regulations
3 Interpretation
3A References to appointing authority
3B Application of Criminal Code
Part II—General courts of inquiry
4 Interpretation of Part II
5 Appointment of Courts
6 Constitution
7 President
7A Resignation as President of a General Court of Inquiry
7B Resignation from a General Court of Inquiry
8 Assessors
9 Secretary
10 Procedure
11 Conduct of inquiries in public or in private
12 Summoning of witnesses
13 Manner of taking evidence
14 Duties of witnesses
15 Appearances
16 Copy of evidence affecting a person
17 Powers in relation to documents or articles produced
18 Preparation of report
19 Role of assessors in relation to report
20 Furnishing of report
20A Tabling of report
21 Dissolution or reconstitution of Court on death etc of member
Part III—Boards of inquiry
22 Interpretation of Part III
23 Appointment of Boards
24 Delegation of power to appoint Boards
25 Power to make recommendations
26 Constitution
27 President
27A Resignation as President of a Board of Inquiry
27B Resignation from a Board of Inquiry
28 Procedure
29 Conduct of inquiries in private or in public
30 Summoning of witnesses
31 Manner of taking evidence
32
Overview
The Defence (Inquiry) Regulations 1985 were enacted to provide a structured framework for conducting inquiries into matters concerning the Australian Defence Force. These regulations were made under the Defence Act 1903 by the Australian Government and came into force on 3 July 1985. They have been amended several times to refine and update the processes and procedures for inquiries. The primary purpose of these regulations is to ensure that inquiries into Defence Force matters are conducted in a fair, transparent, and effective manner, providing recommendations and findings that can lead to necessary reforms or actions within the Defence Force. The enacting body responsible for these regulations is the Australian Government, and they are administered by the Department of Defence. The policy objective is to maintain the integrity, efficiency, and accountability of the Defence Force through well-regulated inquiries.
Scope and Application
The Defence (Inquiry) Regulations 1985, as amended, are subsidiary legislation made under the Defence Act 1903, and apply on a national level. They establish procedures and powers for Courts of Inquiry, Boards of Inquiry, Combined Boards of Inquiry, and Chief of the Defence Force Commissions of Inquiry to investigate matters concerning the Defence Force. The Regulations provide for the appointment, constitution, and conduct of these inquiries, including the summoning and examination of witnesses, the taking of evidence, and the preparation and submission of reports. The scope of the Act extends to the investigation of conduct and transactions of persons and entities associated with the Defence Force, including Defence Force members and officials. There are no stated exclusions or thresholds in the Act. The application of the Act may be extended or restricted through subordinate instruments.
Key Provisions
- The Defence (Inquiry) Regulations 1985, as compiled, outline the procedural and operational framework for various types of inquiries within the Australian Defence Force. The Regulations are structured into several parts, each addressing specific types of inquiries, their constitution, powers, and duties of the members and officers involved. General Courts of Inquiry, Boards of Inquiry, and Combined Boards of Inquiry are established to investigate matters concerning the Defence Force, with provisions for their constitution, conduct of inquiries, summoning of witnesses, and the preparation and reporting of findings. Each type of inquiry is empowered to make recommendations based on their findings. The Regulations also detail the roles and responsibilities of the President and members of these Courts and Boards, including provisions for resignation, conduct of inquiries in private or public, and the protection and immunity afforded to these officers. Furthermore, the Regulations address the duties of witnesses, the consequences of failing to comply with summons or provide evidence, and the penalties for giving false evidence or contempt of the Courts of Inquiry. Additionally, the Regulations provide for the protection of certain publications and the disclosure of records or reports of Courts of Inquiry, with specific provisions for offences and penalties related to unauthorised disclosure. The Regulations also cover the appointment and powers of Inquiry Officers and inquiry assistants, including their eligibility, appointment, and the procedure for conducting inquiries. Finally, the Regulations mandate an annual report on the operation of these Regulations, ensuring transparency and accountability in the conduct of inquiries within the Defence Force.
- Area of Law
- Administrative Law
- Military & Defence Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Regulatory Standards
- Civil Penalty Provisions
- Enforcement Powers
- Reporting & Disclosure Obligations
