SENATOR JOHN FAULKNER
Minister for Defence
Monday, 14 September 2009
027/2009
MILITARY JUSTICE BILLS PASSED THROUGH PARLIAMENT
The Minister for Defence, Senator John Faulkner, announced that Parliament
today passed legislation that will give effect to an interim military justice
system, following the High Court decision handed down on 26 August 2009 in
Lane v Morrison.
That decision declared the provisions establishing the Australian Military Court
in the Defence Force Discipline Act 1982, to be invalid.
“It is critical that the ADF has a functioning military discipline system,” Senator
Faulkner said.
“This interim system provides that, by reintroducing the former system of trials
by court martial and Defence Force magistrates.”
The interim military justice system has a number of safeguards within it to
ensure that ADF members are treated fairly.
A second Bill, dealing with past Australian Military Court sentences and
orders, was also passed by the House of Representatives today.
The Government is now preparing a permanent judicial solution in which
serious service offences will be tried by a court which meets the requirements
of Chapter III of the Constitution.
“The move to a Chapter III court will be considered in close consultation with
the Attorney-General,” Senator Faulkner said.
Media contacts:
Colin Campbell (John Faulkner):
02 6277 7800 or 0407 787 181
Defence Media Liaison:
02 6127 1999 or 0408 498 664
NEWS 
