SENATOR JOHN FAULKNER
Minister for Defence
Wednesday, 9 September 2009
026/2009
HIGH COURT CHALLENGE TO THE AUSTRALIAN MILITARY
COURT – IMPLEMENTATION OF INTERIM ARRANGEMENTS
The Minister for Defence, Senator John Faulkner, today introduced legislation
to put in place an interim military justice system, after the Australian Military
Court (AMC) was invalidated by the High Court last month.
In Lane v Morrison on 26 August 2009, the High Court ruled on a challenge to
the constitutional validity of the AMC and the Director of Military Prosecutions.
“The High Court declared that the provisions of the Defence Force Discipline
Act 1982 creating the AMC were invalid. The AMC was found to be
exercising the judicial power of the Commonwealth but did not meet the
requirements of Chapter III of the Constitution,” Senator Faulkner said.
“As an interim measure, the Government is reintroducing the former system of
trials by court martial and Defence Force magistrates. This system has a
number of safeguards within it to ensure that ADF members are treated fairly.”
The interim legislation will also give effect to punishments (other than
imprisonment) and orders that were imposed by the former Australian Military
Court.
“Beyond the interim measures introduced by this legislation, the Government
remains committed to resolving the future of the military justice system with
certainty.
“Defence will be working closely with the Attorney-General’s Department to
develop, as a matter of priority, a model for ensuring these matters are heard
by a court constituted under Chapter III of the Constitution.
“Establishing a Chapter III process presents a range of challenges which need
to be fully addressed before moving to a new system,” Senator Faulkner said.
The interim legislation, introduced today, will retain improvements to the
military discipline system made by amendments in 2008 to the Defence Force
Discipline Act 1982.
Media contacts:
Colin Campbell (John Faulkner):
02 6277 7800 or 0407 787 181
Defence Media Liaison:
02 6127 1999 or 0408 498 664
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