Checklist · Military & Defence Law

Disciplinary infringement notice: election checklist (Defence Force Discipline Act)

Checklist for an ADF member given an infringement notice: the period to elect, what an election admits, the punishments available, and what happens if there is no election.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Commonwealth
AI use
Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 3 authorities it cites, for Australia and Commonwealth.
Version
1
Source
Written for this library

When to use it

Use when a prescribed defence member is given an infringement notice under Part IA of the Defence Force Discipline Act 1982 (Cth). The member decides whether to elect, after legal advice. This is not a statement by the member.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The lawyer advises on the election; AI may only copy particulars, the period and the officer type from the notice into this checklist.

AI may

  • Copy the particulars, the election period, and whether a discipline officer or a senior discipline officer will deal with the member, from the notice
  • List the punishments s 9FB allows for that kind of officer, beside the notice

AI must not

  • Must not recommend that the member elect or not elect
  • Must not draft any admission, statement or explanation by the member
  • Must not describe the election as an admission for a service offence or a civilian charge

The lawyer checks

  • The member is a prescribed defence member and the notice contains the matters in s 9E(3)
  • The member understands the election is an admission for the scheme only (s 9EB), and that a completed dealing under s 9C(3) bars a service tribunal trial for an offence arising out of the infringement
  • The election is made, or withheld, inside the period stated in the notice

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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