The Federation Press

Military Law in Australia

Overview

Military Law in Australia covers contemporary legal practice in a military context. It is written by a stable of experts drawn from the profession, including a judicial officer, barristers, legal practitioners within Defence, legal academics, and public lawyers in government and the private sector. This is the first comprehensive book on military law in Australia for nearly a century, filling a hitherto neglected area of jurisprudence.

The chapters cover all areas of law which have a special impact on the Australian Defence Force (ADF). These include the history of Australia’s military operations, the development of the military justice system, particularly its constitutional foundation, and the key operational areas involving criminal, administrative, and international law including cyber law and outer space.

Of particular relevance to serving members are those aspects of the book which deal with personnel matters for ADF members and their families, such as housing, health and welfare, superannuation, compensation and transition from the ADF, as well as defence awards, funeral assistance, and the rules concerning members’ ability to stand for Parliament.

For too long, the rules concerning the military in Australia have not readily been accessible, even by Commanders and practitioners. This work fills that gap in Australia’s knowledge of the operations of a long-standing and increasingly important arm of their government.

Table of Contents

Notes on Editors and Contributors
Acknowledgments
Acronyms and Abbreviations
Table of Cases
Table of Legislation
Table of International Conventions and Other International Materials

PART I: HISTORY

1. History of the ADF in War and Peace
Professor John Tarrant
2. History of the ADF Military Law System
Wing Commander Angeline Lewis

PART II: AUSTRALIAN DEFENCE FORCE

3. Structure of the Australian Defence Force
Associate Professor Cameron Moore
4. The Military Law System
Associate Professor David Letts and Professor Rob McLaughlin
5. The Defence Portfolio
Peter Sutherland

PART III: DOMESTIC MILITARY LAW

6. Military Justice and the Constitution
Professor James Stellios
7. Military Law and Executive Power
Associate Professor Cameron Moore
8. Military Discipline Law
The Honourable Richard Tracey
9. Military Administrative Law
Associate Professor Judith Bannister
10. Intersection of Military Law and Civil Law
Associate Professor David Letts and Professor Rob McLaughlin
11. Military Aid to the Civil Power
Associate Professor David Letts and Professor Rob McLaughlin
12. ADF Powers to Arrest, Detain and Remove Civilians
Professor John Tarrant and Christopher Minus

PART IV: OPERATIONS LAW

13. Introduction to Part IV: Operations Law
Professor Dale Stephens
14. Domestic Legal Framework for Operations
Colonel Penny Saultry and Lieutenant Colonel Damian Copeland
15. Detention in Military Operations
Professor Bruce Oswald
16. International Criminal Law and the ADF
Professor Dale Stephens and Mark Giddings
17. Organised Armed Groups and Direct Participation in Hostilities
Professor Rob McLaughlin
18. Maritime Operations under the Maritime Powers Act 2013 (Cth)
Commander Sophia White
19. Emerging Technologies and Areas of Operation in Cyber and Outer Space
Professor Dale Stephens and Associate Professor Emily Crawford
20. Relationship of Military Administrative and Discipline Law to Operations
Captain Darryn Mullins RAN

PART V: MILITARY PERSONNEL LAW

21. Introduction to Part V: Military Personnel Law
Peter Sutherland and Wing Commander Angeline Lewis
22. Recruitment, Promotion, Discharge and Remuneration
Wing Commander Angeline Lewis
23. ADF Health, Rehabilitation and Transition Services
Emeritus Professor Robin Creyke and Peter Sutherland
24. Work Health and Safety in a Defence Context
Dr Colette Langos
25. Military Compensation, Superannuation and Insurance
Peter Sutherland and Emeritus Professor Robin Creyke
26. Other Legal Issues
Alcohol, tobacco and other drugs Wing Commander Angeline Lewis
Defence housing Emeritus Professor Robin Creyke
Funeral arrangements Emeritus Professor Robin Creyke
Recognition, commemoration and war graves Bruce Topperwien
Regulation of defence emblems and titles Wing Commander Angeline Lewis
Reserve service in the ADF Emeritus Professor Robin Creyke and Peter Sutherland
Wills and powers of attorney Emeritus Professor Robin Creyke

Bibliography
Index

Of interest...