Defence Force Discipline (Consequences of Punishment) Rules (Amendment) 1993 No. 20
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 20
ISSUED BY THE AUTHORITY OF THE CHIEF OF THE DEFENCE FORCE
DEFENCE FORCE DISCIPLINE ACT 1982
DEFENCE FORCE DISCIPLINE (CONSEQUENCES OF PUNISHMENT) RULES (AMENDMENT)
The Defence Force Discipline Act 1982 ("the Act") provides disciplinary legislation for the Defence provides Force. The Act creates service tribunals with the power to try and punish members of the Defence Force on charges of service offences.
Section 68 of the Act prescribes a scale of punishments, in order of severity, that may be imposed on a convicted person by a service tribunal. Under subsection 68(2) a chief of staff (which is defined by subsection 3(1) of the Act to include the Chief of the Defence Force) is empowered to make rules with respect to the consequences of certain punishments, including the punishments of restriction of privileges, stoppage of leave and extra duties.
The Defence Force Discipline (Consequences of Punishment) Rules ("the Rules") include provisions dealing with the consequences that flow from the punishments specified in subsection 68(2) of the Act.
Rules 6, 7 and 8 of the Rules prescribe the consequences that flow from the punishments of restriction of privileges, stoppage of leave and extra duties, respectively.
Rules 6 and 8 provide that one of the consequences of the punishment of restriction of privileges or the lesser punishment of extra duties is the imposition of additional duties outside working hours. Under both these provisions the additional duties that could be imposed were limited to a period not exceeding two hours daily. As a result of a review of Defence Force Discipline legislation, it was proposed that these provisions be strengthened by increasing the maximum amount of additional duties that could be imposed. In addition, it was proposed that rule 7, which specifies the consequences of the punishment of stoppage of leave, should be strengthened by adding a further consequence prohibiting members from consuming alcohol for the duration of this punishment.
The Statutory Rule makes the necessary changes. The Attachment contains details of the amendments.
Under subsection 68(3) of the Act, the commanding officer of a member subject to the punishments of restriction of privileges or extra duties may moderate the consequences that apply to these punishments under rules 6 and 8, subject to any directions in writing of a chief of staff.
Under subsection 68(4) of the Act, the commanding officer may grant leave of absence in appropriate circumstances to a member who under rule 7 is subject to the consequences that apply to a stoppage of leave.
ATTACHMENT
DEFENCE FORCE DISCIPLINE (CONSEQUENCES OF PUNISHMENT RULES (AMENDMENT)
The Statutory Rule amends rule 6, which specifies the consequences of the punishment of restriction of privileges, by increasing the additional duties that may be imposed from a maximum of 2 hours a day to a period not exceeding 4 hours outside working hours in each working day, and to a period not exceeding 8 hours in each non-working day. (A consequential amendment defines "non-working day" to be a day designated as a rest or non-working day for the unit, establishment or ship in which the member is serving punishment, as rest days in the Defence Force do not necessarily fall on weekends.)
The Statutory Rule amends rule 7, which specifies the consequences of the punishment of stoppage of leave, by adding a further consequence prohibiting members from consuming alcohol for the duration of this punishment.
The Statutory Rule amends rule 8, which specifies the consequences of the punishment of extra duties, by increasing the additional duties that may be imposed outside working hours from a maximum of 2 hours a day to a period not exceeding 4 hours in each day.
The Statutory Rule came into operation on the date of gazettal.
Overview
The Defence Force Discipline (Consequences of Punishment) Rules (Amendment) 1993 No. 20, issued by the authority of the Chief of the Defence Force, amends the Defence Force Discipline (Consequences of Punishment) Rules under the Defence Force Discipline Act 1982. This legislation was introduced to address gaps in the existing disciplinary measures for members of the Defence Force, particularly concerning the punishments of restriction of privileges, stoppage of leave, and extra duties. The policy objective is to strengthen the disciplinary framework by providing more robust consequences for certain punishments. The amendments allow for increased periods of additional duties for the punishments of restriction of privileges and extra duties, and introduces a prohibition on alcohol consumption during the punishment of stoppage of leave. These changes aim to enhance the effectiveness of the disciplinary measures within the Defence Force.
Scope and Application
The Defence Force Discipline (Consequences of Punishment) Rules (Amendment) 1993 No. 20 applies to members of the Australian Defence Force who are subject to disciplinary actions under the Defence Force Discipline Act 1982. The Act provides the legislative framework for the imposition of punishments on service members found guilty of service offences, and the Rules set out the specific consequences that flow from these punishments. This includes the penalties for restriction of privileges, stoppage of leave and extra duties. The Rules apply Commonwealth-wide and are enforced by the Defence Force's service tribunals. The amendments to the Rules, as outlined in the Statutory Rule, primarily increase the extent of additional duties that can be imposed as part of the punishment for restriction of privileges and extra duties, and add a prohibition on alcohol consumption during the period of stoppage of leave. These amendments were made to strengthen the consequences of certain punishments within the Defence Force discipline system. The Chief of the Defence Force has the authority to make these rules, and they are subject to potential moderation by commanding officers, as specified in the Defence Force Discipline Act.
Key Provisions
The Defence Force Discipline (Consequences of Punishment) Rules (Amendment) 1993 No. 20 amends the existing Defence Force Discipline (Consequences of Punishment) Rules, which are made under the Defence Force Discipline Act 1982. The Act provides the framework for the disciplinary system within the Defence Force, and the Rules specify the consequences of certain punishments that may be imposed by service tribunals. Specifically, Rules 6, 7, and 8 have been amended to modify the consequences of the punishments of restriction of privileges, stoppage of leave, and extra duties, respectively.
Under the amendments, Rule 6 now allows for additional duties to be imposed outside working hours for members subject to the punishment of restriction of privileges. The maximum amount of additional duties has been increased from two hours a day to four hours a day on working days, and up to eight hours a day on non-working days. Rule 7 has been amended to include an additional consequence for the punishment of stoppage of leave, which is a prohibition on consuming alcohol for the duration of this punishment. Lastly, Rule 8 has been amended to increase the maximum amount of additional duties that may be imposed for members subject to the punishment of extra duties from two hours a day to four hours a day.
The Defence Force Discipline Act 1982 and the Defence Force Discipline (Consequences of Punishment) Rules impose certain obligations and requirements on the Defence Force and its members. The Act establishes service tribunals to try and punish members of the Defence Force on charges of service offences. The Rules specify the consequences of certain punishments, including the punishments of restriction of privileges, stoppage of leave, and extra duties. The amendments to Rules 6, 7, and 8 modify the consequences of these punishments, but do not alter the fundamental obligations and requirements imposed by the Act and Rules.
The Defence Force Discipline Act 1982 and the Defence Force Discipline (Consequences of Punishment) Rules do not explicitly set out any offences, penalties, or civil or criminal consequences for breach. However, the consequences of breach of the Act or Rules may be severe, as they relate to the discipline and punishment of members of the Defence Force. The punishments that may be imposed by service tribunals include imprisonment, fines, reduction in rank, and discharge from the Defence Force. The maximum penalties for breach of the Act or Rules are therefore dependent on the severity of the service offence and the punishment imposed by the service tribunal.