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…