--- title: "Military & Defence Law" url: "https://ailawframework.com/practice/military-and-defence-law" type: "practice_area" site: "AI Law Framework" id: "A64" task_count: 9 last_reviewed: "2026-10-18" --- # Military & Defence Law > Acting for ADF members and families in service discipline, courts martial, complaints about service decisions and inquiries into ADF deaths. Canonical page: https://ailawframework.com/practice/military-and-defence-law Last reviewed: 2026-10-18 Site index for agents: https://ailawframework.com/llms.txt Acting for ADF members and families in service discipline, courts martial, complaints about service decisions and inquiries into ADF deaths. ## Key facts - Tasks: 9 - Green: 2, Yellow: 3, Red: 4 - Levels: Green is AI drafts and the lawyer checks; Yellow is lawyer and AI draft together; Red is the lawyer writes and AI may only check, clarify or collect data. ## Basis Planning guidance checked on 18 October 2026. Confirm the current instrument before reliance. ## How this work usually runs A 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 area ADF 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 tools Service 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 consequences Under 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 fits The 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. ## Tasks (9) | Task | Level | How AI is used | What the lawyer must review | | --- | --- | --- | --- | | Build the service discipline matter register | Green | From the infringement notice, charge sheet, convening orders and correspondence the lawyer uploads, extract the offence, the forum, each election deadline,… | The lawyer checks each entry and deadline against the document and diarises them. | | Advise a member on an infringement notice under the discipline scheme | Red | From the infringement notice, extract the infringement alleged, the election deadline and the consequences the notice states into a table.… | 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… | | Advise a member on electing trial by court martial or Defence Force magistrate | Red | 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. | 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 inquiry | Red | 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… | 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… | | Index the investigation and inquiry material for an ADF member | Green | Index the Military Police, unit and inquiry material the member is entitled to hold, by date, author, type and classification, without summarising content. | 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 decision | Yellow | 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 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… | | Prepare a request for review of a service tribunal conviction or punishment | Yellow | Working with the lawyer from the record of proceedings and the punishment, draft the request for review with the grounds and the outcome sought. | 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 Tribunal | Yellow | 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. | 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 member | Red | From the IGADF's correspondence, extract the inquiry's scope, timetable and the family's opportunities to participate into a table.… | The lawyer advises the family on participation, information they may receive, the relationship with any coronial inquest, and support available, and records… | ## Jurisdiction notes ### New Zealand Local name: Military law (Armed Forces Discipline Act 1971) #### Discipline Armed Forces Discipline Act 1971 governs service offences, not the Defence Force Discipline Act 1982 (Cth). #### Court Court Martial Act 2007: the Court Martial of New Zealand, with appeals to the Court Martial Appeal Court. #### Defence Force Defence Act 1990 governs the New Zealand Defence Force. #### Veterans Veterans' entitlements are under the Veterans' Support Act 2014. #### AI guidance Courts of New Zealand guidelines for lawyers and the NZLS generative AI guidance apply. The lawyer remains responsible for every document filed. - Do not use DFDA offences, the Defence Force Discipline Appeal Tribunal, IGADF inquiries or ADF redress of grievance procedures. - Do not file a generated citation, quote or statutory reference until you have opened it in legislation.govt.nz or a trusted case database. Sources: - [Armed Forces Discipline Act 1971](https://www.legislation.govt.nz/act/public/1971/53/en/latest/) (checked 2026-10-18) - [Court Martial Act 2007](https://www.legislation.govt.nz/act/public/2007/101/en/latest/) (checked 2026-10-18) - [Defence Act 1990](https://www.legislation.govt.nz/act/public/1990/28/en/latest/) (checked 2026-10-18) - [Courts of New Zealand: Guidelines for use of generative AI in courts and tribunals (lawyers guideline 7 December 2023)](https://www.courtsofnz.govt.nz/going-to-court/practice-directions/practice-guidelines/all-benches/guidelines-for-use-of-generative-artificial-intelligence-in-courts-and-tribunals) (checked 2026-10-18) - [NZLS: Generative AI guidance for lawyers](https://www.lawsociety.org.nz/professional-practice/rules-and-maintaining-professional-standards/generative-ai-guidance-for-lawyers/) (checked 2026-10-18) ### United Kingdom (England and Wales) Local name: Service law and the service justice system (Armed Forces Act 2006) #### Statute and courts Armed Forces Act 2006: the Court Martial (s 50), the Service Civilian Court (s 51) and summary hearings by commanding officers (ss 52–53), not the Defence Force Discipline Act 1982 (Cth). #### Prosecutor The Service Prosecuting Authority is the principal prosecuting authority within the Service Justice System and prosecutes service offences before the Service Courts. #### AI guidance The judiciary's AI guidance (October 2025) applies to judges and tribunal members; solicitors follow the SRA's warning notice on misuse of AI (17 August 2026), which names false citations and client confidentiality as its two concerns, and the Law Society's generative AI guidance. Defence counsel follow the Bar Council's updated generative AI guidance (26 November 2025). - Do not apply the Defence Force Discipline Act 1982 (Cth), the Australian Military Court history or Inspector-General ADF processes. - Do not file a generated citation, quotation or statutory reference until you have opened it on legislation.gov.uk or a trusted case database; the Divisional Court dealt with false citations in court documents in Ayinde v Haringey (6 June 2025). - Do not put client confidential or personal information into a public AI tool; the SRA warning notice on misuse of AI treats confidentiality as a core risk. Sources: - [Armed Forces Act 2006](https://www.legislation.gov.uk/ukpga/2006/52/contents) (checked 2026-10-18) - [GOV.UK: Service Prosecuting Authority](https://www.gov.uk/government/organisations/service-prosecuting-authority) (checked 2026-10-18) - [Courts and Tribunals Judiciary: Artificial Intelligence (AI) – Judicial Guidance (October 2025)](https://www.judiciary.uk/guidance-and-resources/artificial-intelligence-ai-judicial-guidance-october-2025/) (checked 2026-10-18) - [Bar Council: Updated guidance on generative AI for the Bar (26 November 2025)](https://www.barcouncil.org.uk/resource/updated-guidance-on-generative-ai-for-the-bar.html) (checked 2026-10-18) - [Ayinde v London Borough of Haringey and Al-Haroun v Qatar National Bank (Divisional Court, 6 June 2025)](https://www.judiciary.uk/judgments/ayinde-v-london-borough-of-haringey-and-al-haroun-v-qatar-national-bank/) (checked 2026-10-18) ### United States Local name: Military justice (UCMJ) #### Military justice The Uniform Code of Military Justice (10 U.S.C. Chapter 47) governs offences and courts-martial, not the Defence Force Discipline Act 1982 (Cth). #### Procedure The Manual for Courts-Martial (2024 edition) sets procedure and rules of evidence. #### Appeals The Court of Appeals for the Armed Forces exercises worldwide appellate jurisdiction over members of the armed forces and others subject to the UCMJ. #### AI guidance ABA Formal Opinion 512 and state bar guidance (for example California's practical guidance) apply, together with any court standing order on AI. - Do not use DFDA offences, the Defence Force Discipline Appeal Tribunal, IGADF inquiries or ADF redress of grievance procedures. - Do not file a generated citation without opening it. Sources: - [10 U.S.C. Chapter 47, Uniform Code of Military Justice](https://www.law.cornell.edu/uscode/text/10/subtitle-A/part-II/chapter-47) (checked 2026-10-18) - [Joint Service Committee on Military Justice: current publications (2024 Manual for Courts-Martial)](https://jsc.defense.gov/Military-Law/Current-Publications-and-Updates/) (checked 2026-10-18) - [United States Court of Appeals for the Armed Forces](https://www.armfor.uscourts.gov/) (checked 2026-10-18) - [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-18) *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*