Australian Military Court
The Australian Military Court (AMC) was a military service tribunal established in 2007 with the primary aim of maintaining
Establishment
The Australian Military Court was created when the
Structure
The Australian Military Court consisted of a Chief Military Judge, two permanent Military Judges, and a part-time panel of reserve Military Judges. The first Chief Military Judge was Brigadier Ian Westwood, who was sworn in with the two Permanent Military Judges (Colonel Peter Morrison and Lieutenant Colonel Jennifer Woodward) on 1 October 2007.[2]
Depending on the nature and severity of the offence, the Defence Force Discipline Act made provision for cases to be tried before a single judge, or in more serious cases (such as those committed in the face of the enemy, mutiny, desertion or commanding a Service offence), a jury. Although based in Canberra, the AMC was able to conduct trials anywhere in Australian territories and overseas in operational areas where Australian forces were serving.[3]
High Court challenge
The constitutional validity of the Australian Military Court was successfully challenged in the
In August 2005, the sailor and three other military personnel were on a
On 26 August 2009, the High Court ruled that the Australian Military Court was not a Chapter III Court for the purposes of the Constitution of Australia, and that the legislation creating it was invalid as it was a court of record which "[was] to exercise the judicial power of the commonwealth" by making binding and authoritative judgements independent of the Australian Defence Force chain of command.[6]
Proposed Military Court of Australia
On 24 May 2010 the Australian Federal Government through the Attorney-General Robert McClelland and Defence Minister John Faulkner announced a proposal for a new Military Court of Australia,[7] to replace the interim measures put in place after the High Court invalidated the Australian Military Court in 2008.
The court would have been independent of the military, with all court appointees having either past military experience or knowledge of the services. Faulkner stated that the proposed new specialist court would deliver "a system of military justice for ADF members that combines the necessary independence and constitutional protections for the judiciary with an understanding of the vital importance of military discipline in the operation of our armed forces. "Timely and fair trials in the new court will enhance military justice and promote discipline in the ADF, which in turn will contribute to improved morale and operational effectiveness.
While judicial officers with knowledge of the military system are necessary, they may not be currently serving Defence Force or Reserve members. McClelland says these measures will ensure the court remains independent. "Judicial officers appointed to the new Military Court of Australia will have the same independence and constitutional protections that apply in other federal courts", he said.
A bill setting out the shape and structure of the court was introduced to Parliament in 2012.[8][9]
The bill lapsed with the
References
- ^ Defence Force Discipline Act 1982 (Cth) s 114.
- ^ Australian Military Court opens, The Daily Telegraph, 3 October 2007.
- ^ Military Justice, Department of Defence (Australia).
- ^ Lane v Morrison [2009] HCA 29, (2009) 239 CLR 230 (26 August 2009), High Court.
- ^ Nicholson, Brendan: The curious case that sank a court system, The Age, 27 August 2009.
- ^ 'Teabagging' case challenge: court ruled invalid, Australian Broadcasting Corporation, 26 August 2009.
- ^ Woodley, Naomi: Government announces new military court, ABC News (Australia), 24 May 2010.
- ^ Military Court of Australia Bill 2012 (Cth).
- ^ Roxon, Nicola. "Legislation to establish Military Court of Australia". Attorney- General for Australia, the hon Nicola Roxon MP. Archived from the original on 3 December 2012. Retrieved 10 November 2012.
- ^ a b Letts, David (29 November 2013). "ADF ain't broke, don't fix it". The Sydney Morning Herald. Fairfax Media. Retrieved 13 January 2018.
External links
- Australian Military Court – Fact Sheet (PDF)
- Defence Force Discipline Act 1982 (Commonwealth of Australia)