Checklist · Military & Defence Law
Election to be tried by court martial or Defence Force magistrate: decision record
Record of a summary-authority election under ss 111B and 111C, or a during-trial election under s 131: the time to decide, who gets the election, and where the charge goes if it is made.
- 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 summary authority offers an ADF member an election to have a charge tried by a court martial or a Defence Force magistrate, either before the trial starts or during a trial of a Schedule 1A offence. The member decides. This precedent does not contain the member's evidence.
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 enter the charge, the time the opportunity was given, and the time limit from the record.
AI may
- Enter each charge, the time the opportunity was given, and the time the decision is due
- Flag a charge described on the charge sheet as a prescribed offence or a Schedule 1A offence
AI must not
- Must not recommend that the member elect or not elect
- Must not draft the member's decision reasons as if they were the member's instructions
- Must not describe punishments under ss 69B or 69C without the lawyer opening those sections
The lawyer checks
- The charge is one to which s 111B(1) applies, or the during-trial election under s 131 applies, read against s 111B(2) and s 131(2)
- The member had a real opportunity to obtain legal advice if a legal officer was reasonably available
- The decision is recorded in writing within 24 hours, or within the longer period the summary authority allowed, not exceeding 14 days
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
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More in Military & Defence Law
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- Command review of a senior discipline officer's punishment (DFDA s 9G)
- Brief for a family on an Inspector-General inquiry into a death
- Petition to a reviewing authority for review of a service tribunal conviction or punishment (DFDA s 153)
- Appeal to the Defence Force Discipline Appeal Tribunal: time limit and filing checklist
- IGADF inquiry: notices, comment on proposed findings, and who may be told
- Scope of a submission to the Inspector-General of the ADF
- Summary authority hearing: documents and issues checklist (no statement)
All precedents for Military & Defence Law · Tasks and AI use in this area