Defence Force Discipline (Consequences of Punishment) Rules 2018

Defence Force Discipline (Consequences of Punishment) Rules 2018

made under the

Defence Force Discipline Act 1982

Compilation No. 1

Compilation date: 13 December 2022

Includes amendments up to: F2022L00995

Registered: 11 January 2023

About this compilation

This compilation

This is a compilation of the Defence Force Discipline (Consequences of Punishment) Rules 2018 that shows the text of the law as amended and in force on 13 December 2022 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1—Preliminary

1 Name

3 Authority

5 Definitions

Part 2—Consequences of punishments under sections 9J and 68 of the Act

6 Consequences of punishment of reduction in rank

7 Consequences of punishment of forfeiture of seniority

8 Consequences of punishment of restriction of privileges

9 Consequences of punishment of stoppage of leave

10 Consequences of punishment of extra duties

Part 3—Consequences of custodial punishments under section 68A of the Act

11 Consequences of custodial punishment of segregated confinement

12 Consequences of custodial punishment of confinement to cell

13 Consequences of custodial punishment of extra drill

14 Consequences of custodial punishment of restriction of custodial privileges

Part 4—Performance of drill

15 Conditions governing the performance of drill

Part 5—Transitional provisions

Division 1—Transitional provisions relating to the commencement of this instrument as originally made

16 Definitions

17 Transitional—punishments

18 Transitional—authorised members

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the Defence Force Discipline (Consequences of Punishment) Rules 2018.

3  Authority

  This instrument is made under subsections 9J(1), 68(2) and 68A(2) of the Defence Force Discipline Act 1982.

5  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) defence member;

(b) detainee;

(c) detention centre;

(d) prescribed defence member;

(e) punishment;

(f) service tribunal.

  In this instrument:

Act means the Defence Force Discipline Act 1982.

authorised member means a member, or a member included in a class of members, authorised, for the purposes of this instrument:

 (a) by the standing, routine or daily orders of the unit, establishment or ship in which the member is serving; or

 (b) in writing, by a commanding officer.

Discipline Regulations means the Defence Force Discipline Regulations 2018.

member means a defence member.

non‑working day, in relation to a member or prescribed defence member, means a day designated as a rest day or non‑working day by the standing, routine or daily orders of the unit, establishment or ship in which the member or prescribed defence member is serving punishment.

Part 2—Consequences of punishments under sections 9J and 68 of the Act

6  Consequences of punishment of reduction in rank

  For the purposes of subsection 68(2) of the Act, the consequences that flow from the imposition on a member of the punishment of reduction in rank are as follows:

 (a) the rank to which the member is reduced is the rank specified by the service tribunal which imposed the punishment;

 (b) the member’s seniority in that rank is to be calculated from a date or year specified by the service tribunal, not being a date or year later than the date or year, respectively, on or in which the punishment is imposed.

7  Consequences of punishment of forfeiture of seniority

  For the purposes of subsection 68(2) of the Act, the consequences that flow from the imposition on a member of the punishment of forfeiture of seniority are as follows:

 (a) the punishment imposed does not affect the seniority of that member otherwise than in relation to the member’s seniority in the rank held by the member on conviction;

 (b) the seniority forfeited by the member is so much of the member’s seniority in that rank as accrued to the member before the date or year (as the case requires) specified by the service tribunal which imposed the punishment as being the date or year from which the member’s seniority in that rank is to be calculated.

8  Consequences of punishment of restriction of privileges

  For the purposes of subsections 9J(1) and 68(2) of the Act, the consequences that flow from the imposition on a member or a prescribed defence member (as the case requires) of the punishment of restriction of privileges are, for the duration of the punishment, as follows:

 (a) the member or prescribed defence member must not leave the unit, establishment or ship in which the punishment is to be served except in the course of duty;

 (b) the member or prescribed defence member must not:

 (i) be present at any recreation or entertainment in the unit, establishment or ship; or

 (ii) consume any alcoholic beverage;

 (c) the member or prescribed defence member must, in accordance with an order given to the member by an authorised member, perform:

 (i) additional duties for a period not exceeding 4 hours outside working hours in a working day or for a period not exceeding 8 hours in a non‑working day; or

 (ii) if the member or prescribed defence member cannot be employed effectively in additional duties for all or part of a period mentioned in subparagraph (i)—drill for periods that cumulatively do not exceed 1 hour in each day;

 (d) outside working hours the member or prescribed defence member must, in accordance with an order given to the member or prescribed defence member by an authorised member, report between 6 am and 11 pm (but not more frequently than once every 2 hours) to a person specified by the authorised member;

 (e) outside working hours the member or prescribed defence member must wear:

 (i) if the member or prescribed defence member is required to perform a duty—the appropriate working dress; or

 (ii) in any other case—the dress of the day.

9  Consequences of punishment of stoppage of leave

  For the purposes of subsections 9J(1) and 68(2) of the Act, the consequences that flow from the imposition on a member or a prescribed defence member (as the case requires) of the punishment of stoppage of leave are, for the duration of the punishment, as follows:

 (a) the member or prescribed defence member must not leave the unit, establishment or ship in which the punishment is to be served except in the course of duty;

 (b) outside working hours the member or prescribed defence member must, in accordance with an order given to the member or prescribed defence member by an authorised member, report between 6 am and 11 pm (but not more frequently than once every 2 hours) to a person specified by the authorised member;

 (c) outside working hours the member or prescribed defence member must wear:

 (i) if the member or prescribed defence member is required to perform a duty—the appropriate working dress; or

 (ii) in any other case—the dress of the day;

 (d) the member or prescribed defence member must not consume any alcoholic beverage.

10  Consequences of punishment of extra duties

  For the purposes of subsections 9J(1) and 68(2) of the Act, the consequences that flow from the imposition on a member or a prescribed defence member (as the case requires) of the punishment of extra duties are, for the duration of the punishment, as follows:

 (a) the member or prescribed defence member must, in accordance with an order given to the member or prescribed defence member by an authorised member, perform:

 (i) additional duties outside working hours for a period not exceeding 4 hours in each day; or

  (ii) if the member or prescribed defence member cannot be employed effectively in additional duties for all or part of the period referred to in subparagraph (i)—drill for periods that cumulatively do not exceed 1 hour in each day;

 (b) outside working hours the member or prescribed defence member must wear:

 (i) if the member or prescribed defence member is required to perform a duty—the appropriate working dress; or

 (ii) in any other case—the dress of the day.

Part 3—Consequences of custodial punishments under section 68A of the Act

11  Consequences of custodial punishment of segregated confinement

  For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee in a detention centre of the punishment of segregated confinement are, for the duration of the punishment, as follows:

 (a) the detainee must be accommodated in a part of the detention centre set apart from the accommodation for detainees who are not undergoing the punishment of segregated confinement;

 (b) the detainee must, subject to paragraph (c) and section 15 of the Discipline Regulations, be confined to his or her cell;

 (c) the detainee must perform drill for periods that cumulatively do not exceed 1 hour in each day;

 (d) the detainee must be denied access to:

 (i) subject to section 20 of the Discipline Regulations—books; and

 (ii) social media and other forms of digital entertainment;

 (e) the detainee must not be permitted to receive visitors other than visitors referred to in subsection 19(1) of the Discipline Regulations.

12  Consequences of custodial punishment of confinement to cell

  For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee of the punishment of confinement to cell are, for the duration of the punishment, as follows:

 (a) the detainee must, subject to section 15 of the Discipline Regulations, be confined to his or her cell;

 (b) the detainee must perform drill periods that cumulatively do not exceed 1 hour in each day;

 (c) the detainee must be denied access to:

 (i) subject to section 20 of the Discipline Regulations—books; and

 (ii) social media and other forms of digital entertainment;

 (d) the detainee must not be permitted to receive visitors other than visitors referred to in subsection 19(1) of the Discipline Regulations.

13  Consequences of custodial punishment of extra drill

  For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee of the punishment of extra drill are that the detainee must, for the duration of the punishment, perform drill for periods that cumulatively do not exceed 1 hour in each day.

14  Consequences of custodial punishment of restriction of custodial privileges

  For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee of the punishment of restriction of custodial privileges are, for the duration of the punishment, as follows:

 (a) the detainee must be denied access to:

 (i) subject to section 20 of the Discipline Regulations—books; and

 (ii) social media and other forms of digital entertainment;

 (b) the detainee must not be permitted to receive visitors other than visitors referred to in subsection 19(1) of the Discipline Regulations.

Part 4—Performance of drill

15  Conditions governing the performance of drill

  For the purposes of this instrument, drill must be performed by a member or a prescribed defence member in accordance with the following conditions:

 (a) the nature and type of drill to be performed must be as specified in the standing, routine or daily orders of the unit, establishment, ship or detention centre in which the drill is performed;

 (b) the member or prescribed defence member must perform the drill in accordance with an order given to the member or prescribed defence member by an authorised member;

 (c) the member or prescribed defence member must not be required to perform the drill for a continuous period exceeding 30 minutes;

 (d) the member or prescribed defence member must not be required to perform periods of drill more frequently than at 4‑hourly intervals.

Part 5—Transitional provisions

Division 1—Transitional provisions relating to the commencement of this instrument as originally made

16  Definitions

  In this Part:

commencement day means the day on which this instrument commences.

old rules means the Defence Force Discipline (Consequences of Punishment) Rules 1986, as in force immediately before the commencement day.

17  Transitional—punishments

 (1) Parts 1 to 4 of this instrument apply in relation to a punishment imposed on a member, prescribed defence member or detainee on or after the commencement day.

 (2) Despite the repeal of the old rules by Schedule 1, those rules continue to apply in relation to a punishment imposed on a member, prescribed defence member or detainee before the commencement day.

18  Transitional—authorised members

  Despite the repeal of the old rules by Schedule 1, a person who was an authorised member for the purposes of the old rules immediately before the commencement day is taken, on and after that day, to be an authorised member for the purposes of this instrument.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history