Course overview
Enrolment in this course is restricted to persons nominated by the Commonwealth. This course examines advanced aspects of military discipline law, including: the purpose and operation of the military discipline system under the Defence Force Discipline Act 1982 (Cth); the role and administration of the judicial aspect of the ADF discipline system; legal and policy issues regarding the scope of jurisdiction of the discipline system; the appeals and review process for Defence Force Discipline Act proceedings; the specialised investigative and evidentiary issues and developments relevant to the ADF discipline system; areas of potential future reform of the ADF discipline system.
Course learning outcomes
- Analyse the jurisdictional aspects of the military discipline law system
- Provide advice on complex military discipline law matters without supervision
- Apply an understanding of the relationship between the Defence Force Discipline Act 1982 (Cth)(DFDA), the Criminal Code Act 1995 (Cth) and the Criminal Code 2002 (ACT), and the defintion and scope of the 'territory offences', general defences and other applicable federal law, to solve practical problems arising in military legal practice
- Articulate the distinct phases of an investigation into an alleged disciplinary event, focusing on key concepts underlying arrest, search and seizure and interviewing; and the grounds for appeal
- Analyse the role of prosecutorial discretion in relation to the choice of charges, the elements of offences, possible defences that could be raised, and the sufficiency of admissable evidence; determine relevant punishments available under the DFDA, and selected Jervis
- Undertake self-directed research into military discipline law matters
Degree list
The following degrees include this course