Checklist · Military & Defence Law

Summary authority hearing: documents and issues checklist (no statement)

A list of the charge, the evidence brief, the election position and the issues for a summary hearing. It does not contain, and is not a place for, the member's account of the facts.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Commonwealth
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for Australia and Commonwealth.
Version
1
Source
Written for this library

When to use it

Use when preparing an ADF member for a hearing before a summary authority, after the election position is known. Pair it with the election record. Do not use it to draft 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

AI may index the charge sheet and the brief and list issues the documents raise; the lawyer decides the issues and the member's evidence is not drafted by a tool.

AI may

  • Index each document in the brief by date, author and what fact it is said to prove
  • List elements of the charged offence that the brief does not appear to address, for the lawyer to check

AI must not

  • Must not draft, outline or summarise the member's account of what happened
  • Must not prepare a statement, a script, or questions for the member to adopt
  • Must not recommend a plea

The lawyer checks

  • The election position is recorded and still correct, including a possible during-trial election under s 131
  • Each issue is tied to a document in the brief or to a gap in it
  • No paragraph in the working papers is the member's evidence written by a tool

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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