Practice area

Military & Defence Law

Acting for ADF members and families in service discipline, courts martial, complaints about service decisions and inquiries into ADF deaths.

Jurisdiction

Tasks

GreenLawyer reviewYellowClose supervisionRedLawyer-led

Tasks in Military & Defence Law
TaskHow AI is usedHuman involvementWhat the lawyer must review
Build the service discipline matter registerStart this taskSee suggested levels
From the infringement notice, charge sheet, convening orders and correspondence the lawyer uploads, extract the offence, the forum, each election deadline, hearing dates and review or appeal dates, with the source page.
GreenLawyer review
The lawyer checks each entry and deadline against the document and diarises them.
Advise a member on an infringement notice under the discipline schemeStart this taskSee suggested levels
From the infringement notice, extract the infringement alleged, the election deadline and the consequences the notice states into a table. The tool does not write the advice.
RedLawyer-led
The lawyer advises whether to elect to be dealt with under the infringement scheme, what the deemed admission means, and the alternative of being dealt with by charge.
Advise a member on electing trial by court martial or Defence Force magistrateStart this taskSee suggested levels
From the charge and the brief, extract the charges, the maximum punishments and the evidence relied on into a table. The tool does not write the advice.
RedLawyer-led
The lawyer advises whether to elect trial by a superior service tribunal, the procedural and punishment differences, and the timing of the election.
Prepare an ADF member's statement for a service tribunal or inquiryStart this taskSee suggested levels
The tool writes nothing in the statement. It may list the documents the member refers to in a strictly tabular, source-tagged list, using only material cleared for that use.
RedLawyer-led
The lawyer takes the member's account in their own words, advises on privilege and self-incrimination, and confirms it reflects the member's own recollection before it is signed.
Index the investigation and inquiry material for an ADF memberStart this taskSee suggested levels
Index the Military Police, unit and inquiry material the member is entitled to hold, by date, author, type and classification, without summarising content.
GreenLawyer review
The lawyer checks the index, confirms the member may hold each item, and decides what may be used in the defence or complaint.
Prepare a redress of grievance complaint about a service decisionStart this taskSee suggested levels
Working with the lawyer from the decision, the member's records and instructions, draft the complaint identifying the decision, why it is wrong or unfair, and the remedy sought.
YellowClose supervision
The lawyer settles the complaint, checks every fact against the records, confirms it is lodged in time and through the right channel, and confirms the member approves it.
Prepare a request for review of a service tribunal conviction or punishmentStart this taskSee suggested levels
Working with the lawyer from the record of proceedings and the punishment, draft the request for review with the grounds and the outcome sought.
YellowClose supervision
The lawyer decides the grounds, checks each against the record, and confirms the request is made in time and to the right reviewing authority.
Prepare an appeal to the Defence Force Discipline Appeal TribunalStart this taskSee suggested levels
Working with the lawyer from the conviction, the record and the review outcome, draft the notice of appeal and the grounds with references to the record.
YellowClose supervision
The lawyer decides whether an appeal lies and on what grounds, checks every reference to the record and any authority cited, and confirms the time limit.
Advise a family on an IGADF inquiry into the death of an ADF memberStart this taskSee suggested levels
From the IGADF's correspondence, extract the inquiry's scope, timetable and the family's opportunities to participate into a table. The tool does not write the advice.
RedLawyer-led
The lawyer advises the family on participation, information they may receive, the relationship with any coronial inquest, and support available, and records their instructions.

Firm-wide obligations

Checks that apply across files.

Guidance for this area
Guidance for this area
TopicGuidance
How this work usually runsA military law matter usually starts with a member contacting a lawyer after an incident: an infringement notice, a charge under the Defence Force Discipline Act 1982, an investigation by Military Police, an adverse administrative decision about their service, or a family seeking answers after a death. For discipline, the lawyer identifies the offence, the forum (the infringement scheme, a summary authority, or a superior service tribunal such as a Defence Force magistrate or court martial, with the Director of Military Prosecutions deciding whether to prosecute serious matters), and the elections open to the member, including electing trial by court martial or Defence Force magistrate. The member's account is taken carefully, privilege and rights are explained, and the lawyer prepares for the hearing within the Defence Charter for Military Justice Proceedings. After a conviction, there is internal review of service tribunal proceedings, further review, and appeal to the Defence Force Discipline Appeal Tribunal, with the Judge Advocate General providing the final legal review within the ADF. For decisions affecting service, the member may lodge a redress of grievance, which the IGADF considers, or complain to the IGADF about military justice failures, victimisation or bullying. After a death in service, the IGADF may inquire, and the family needs advice on participation alongside any civilian coronial process. Throughout, classification and restrictions on Defence material govern what can be used and where.
Why military law is its own areaADF members are subject to a separate discipline statute, the Defence Force Discipline Act 1982, with its own offences, infringement scheme, summary and superior service tribunals, prosecutor, review and appeal tribunal, and to complaint and inquiry systems that civilians never meet. Members, families and specialist firms deal with it, often under time pressure from the chain of command. The AI questions are specific: much of the material is classified or restricted, and the member's own account is evidence in a disciplinary system.
Keep classified and restricted material out of toolsService records, investigation material and operational details may be classified or subject to Defence restrictions. Confirm the classification and the conditions on disclosure before any of it is copied, uploaded or summarised, and use only systems approved for that material.
Elections are made early and have consequencesUnder the Act a member dealt with by an infringement notice may elect to be dealt with under the infringement scheme, and is then taken to admit the infringement only for that purpose. A member charged before a summary authority may elect trial by court martial or Defence Force magistrate. Advise on each election before it is made, from the notice and the Act, not from a summary.
Use the complaint channel that fitsThe IGADF sits outside the chain of command, considers every redress of grievance complaint, investigates military justice failures, and conducts inquiries into the deaths of ADF members. Choose between a redress of grievance, a complaint to the IGADF and review or appeal of a service tribunal decision by what the member wants changed.

Precedents for this area

All precedents for Military & Defence Law. Signed-in accounts can read the full text.