Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE FORCE DISCIPLINE (CONSEQUENCES OF PUNISHMENT) RULES (AMENDMENT) 1993 NO. 20

STATUTORY RULES 1993 No. 20

ISSUED BY THE AUTHORITY OF THE CHIEF OF THE DEFENCE FORCE

DEFENCE FORCE DISCIPLINE ACT 1982

DEFENCE FORCE DISCIPLINE (CONSEQUENCES OF PUNISHMENT) RULES (AMENDMENT)

The Defence Force Discipline Act 1982 ("the Act") provides disciplinary legislation for the Defence provides Force. The Act creates service tribunals with the power to try and punish members of the Defence Force on charges of service offences.

Section 68 of the Act prescribes a scale of punishments, in order of severity, that may be imposed on a convicted person by a service tribunal. Under subsection 68(2) a chief of staff (which is defined by subsection 3(1) of the Act to include the Chief of the Defence Force) is empowered to make rules with respect to the consequences of certain punishments, including the punishments of restriction of privileges, stoppage of leave and extra duties.

The Defence Force Discipline (Consequences of Punishment) Rules ("the Rules") include provisions dealing with the consequences that flow from the punishments specified in subsection 68(2) of the Act.

Rules 6, 7 and 8 of the Rules prescribe the consequences that flow from the punishments of restriction of privileges, stoppage of leave and extra duties, respectively.

Rules 6 and 8 provide that one of the consequences of the punishment of restriction of privileges or the lesser punishment of extra duties is the imposition of additional duties outside working hours. Under both these provisions the additional duties that could be imposed were limited to a period not exceeding two hours daily. As a result of a review of Defence Force Discipline legislation, it was proposed that these provisions be strengthened by increasing the maximum amount of additional duties that could be imposed. In addition, it was proposed that rule 7, which specifies the consequences of the punishment of stoppage of leave, should be strengthened by adding a further consequence prohibiting members from consuming alcohol for the duration of this punishment.

The Statutory Rule makes the necessary changes. The Attachment contains details of the amendments.

Under subsection 68(3) of the Act, the commanding officer of a member subject to the punishments of restriction of privileges or extra duties may moderate the consequences that apply to these punishments under rules 6 and 8, subject to any directions in writing of a chief of staff.

Under subsection 68(4) of the Act, the commanding officer may grant leave of absence in appropriate circumstances to a member who under rule 7 is subject to the consequences that apply to a stoppage of leave.

ATTACHMENT

DEFENCE FORCE DISCIPLINE (CONSEQUENCES OF PUNISHMENT RULES (AMENDMENT)

The Statutory Rule amends rule 6, which specifies the consequences of the punishment of restriction of privileges, by increasing the additional duties that may be imposed from a maximum of 2 hours a day to a period not exceeding 4 hours outside working hours in each working day, and to a period not exceeding 8 hours in each non-working day. (A consequential amendment defines "non-working day" to be a day designated as a rest or non-working day for the unit, establishment or ship in which the member is serving punishment, as rest days in the Defence Force do not necessarily fall on weekends.)

The Statutory Rule amends rule 7, which specifies the consequences of the punishment of stoppage of leave, by adding a further consequence prohibiting members from consuming alcohol for the duration of this punishment.

The Statutory Rule amends rule 8, which specifies the consequences of the punishment of extra duties, by increasing the additional duties that may be imposed outside working hours from a maximum of 2 hours a day to a period not exceeding 4 hours in each day.

The Statutory Rule came into operation on the date of gazettal.