---
title: "Advise a member on forfeiture of pay while absent without leave"
url: "https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-forfeiture-of-pay-while-absent-without-leave"
type: "task"
site: "AI Law Framework"
id: "A64-LA20261022-8"
practice_area: "Military & Defence Law"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Advise a member on forfeiture of pay while absent without leave

> From the pay record and the absence dates supplied, record the period said to be absence without leave, whether the member has been charged or convicted, and whether the member is detained, including in a detention…

Canonical page: https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-forfeiture-of-pay-while-absent-without-leave  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Military & Defence Law](https://ailawframework.com/practice/military-and-defence-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the pay record and the absence dates supplied, record the period said to be absence without leave, whether the member has been charged or convicted, and whether the member is detained, including in a detention centre or under the law of a foreign country. Do not decide how much pay is forfeited. |
| What the lawyer must review | The lawyer decides whether section 31 of the Defence Regulations 2026 applies, including that forfeiture does not depend on a charge or conviction and that it applies while the member is detained, and whether to ask the Chief of the Defence Force to determine that some or all of the pay is not forfeited. The lawyer writes any request. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: From the pay record and the absence dates supplied, record the period said to be absence without leave, whether the member has been charged or convicted, and whether the member is detained, including in a detention centre or under the law of a foreign country. Do not decide how much pay is forfeited.
- What the lawyer does: The lawyer decides whether section 31 of the Defence Regulations 2026 applies, including that forfeiture does not depend on a charge or conviction and that it applies while the member is detained, and whether to ask the Chief of the Defence Force to determine that some or all of the pay is not forfeited. The lawyer writes any request.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Check the absence dates against the pay record.
2. Confirm the advice does not treat the absence of a charge or conviction as saving the pay. Section 31(2)(a) says forfeiture applies whether or not the member has been charged or convicted.
3. Confirm any request distinguishes section 31 from a suspension under section 30.
4. Confirm no classified material was put into the tool.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Defence Regulations 2026 (Cth)](https://www.legislation.gov.au/F2026L01185/asmade/text) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-forfeiture-of-pay-while-absent-without-leave/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*