Military Court of Australia

The Military Court of Australia was a proposed court of military justice for the Australian Defence Force. It would have replaced the previous Australian Military Court which was deemed unconstitutional by the High Court of Australia^[1]^[2] with legal grounding under Chapter 3 of the Australian Constitution. The structure of the court was drafted by the Australian Department of Defence and Attorney-General's Department and was introduced as a legislative bill to Parliament in 2012.^[3] ^[4]

The bill lapsed with the prorogation of Parliament for the 2013 Australian federal election and has not been reintroduced.^[5] In the absence of a military court, the current military justice system involves the use of courts martial and "Defence Force Magistrate" trials.^[5]

References

^ Woodley, Naomi (24 May 2010). "Government Announces New Military Court". Australian Broadcasting Corporation. Retrieved 26 May 2010.
^ Hawley, Samanatha (26 August 2009). "Defunct Military Court Leaves Defence in Chaos". Australian Broadcasting Corporation. Retrieved 26 May 2010.
^ "MILITARY COURT OF AUSTRALIA BILL 2012". Australasian Legal Information Institute. Retrieved 10 November 2012.
^ 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 Department of Defence Military Justice System
Department of Prime Minister and Cabinet Parliamentary Documents at the Library of Congress Web Archives (archived 2009-07-09)
Attorney-General's Department Media Release at the Wayback Machine (archived 2011-04-02)
Military Justice (Interim Measures) Amendment Bill 2011 Second Reading Speech

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[1] Woodley, Naomi (24 May 2010). "Government Announces New Military Court". Australian Broadcasting Corporation. Retrieved 26 May 2010.

[2] Hawley, Samanatha (26 August 2009). "Defunct Military Court Leaves Defence in Chaos". Australian Broadcasting Corporation. Retrieved 26 May 2010.

[3] "MILITARY COURT OF AUSTRALIA BILL 2012". Australasian Legal Information Institute. Retrieved 10 November 2012.

[4] 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.

[letts-5] Letts, David (29 November 2013). "ADF ain't broke, don't fix it". The Sydney Morning Herald. Fairfax Media. Retrieved 13 January 2018.

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