The Significance of the Defence Force Discipline Appeal Tribunal: Analysis of Its Activity over Four Years

Collins, Pauline ORCID: https://orcid.org/0000-0002-1958-6545 (2021) The Significance of the Defence Force Discipline Appeal Tribunal: Analysis of Its Activity over Four Years. Public Law Review, 32 (4):0310. pp. 348-371. ISSN 1034-3024


Abstract

The Defence Force Discipline Appeal Tribunal (DFDAT) is a statutory administrative body, not a court, established under the Defence Force Discipline Appeals Act 1955 (Cth). The Tribunal hears and determines appeals from courts martial and Defence Force magistrate hearings in respect of service offences by Australian Defence Force personnel under the Defence Force Discipline Act 1982 (Cth). The Tribunal provides the highest-level 'appeal' review in these matters. The Full Court of the Federal Court of Australia can be accessed for appeals and reference on questions of law. An appeal from the Federal Court’s decision to the High Court can only occur where the High Court grants special leave. Both types of appeal occur infrequently. Otherwise, the Tribunal’s determination is final. Little legal academic interest in this specialised area provides minimal scrutiny of the decisions of the Tribunal, including decisions in which the Tribunal interprets the High Court’s case law. This article provides an overview of the type of matters heard in the last four years, the Tribunal’s reasoning and the issues highlighted for military discipline. It reveals any current challenges for justice and the rights of military personnel.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited: 13 Mar 2022 22:45
Last Modified: 28 Apr 2022 02:26
Uncontrolled Keywords: Defence Force Discipline Appeal Tribunal
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4807 Public law > 480705 Military law and justice
Socio-Economic Objectives (2020): 23 LAW, POLITICS AND COMMUNITY SERVICES > 2304 Justice and the law > 230499 Justice and the law not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/47486

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