---
title: "Summary authority hearing: documents and issues checklist (no statement)"
url: "https://ailawframework.com/precedents/military-and-defence-law/summary-hearing-documents-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a64-summary-hearing-documents-checklist"
area_id: "A64"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A64-H20261018-3", "A64-H20261018-5"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/military-and-defence-law/summary-hearing-documents-checklist  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Military & Defence Law](https://ailawframework.com/precedents/military-and-defence-law.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for Australia and Commonwealth.

## 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

- [Advise a member on electing trial by court martial or Defence Force magistrate](https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-electing-trial-by-court-martial-or-defence-force-magi.md)
- [Index the investigation and inquiry material for an ADF member](https://ailawframework.com/practice/military-and-defence-law/index-the-investigation-and-inquiry-material-for-an-adf-member.md)

## 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

## Authorities

- [Defence Force Discipline Act 1982 (Cth) s 111C(5) (if there is no election, or no decision in time, the summary authority deals with the charge) and s 111C(7) (a withdrawn election returns the charge to a summary authority)](https://classic.austlii.edu.au/au/legis/cth/consol_act/dfda1982188/s111c.html)
- [Defence Force Discipline Act 1982 (Cth) s 131 (a further election can arise during a summary trial of a Schedule 1A offence before a finding)](https://classic.austlii.edu.au/au/legis/cth/consol_act/dfda1982188/s131.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/military-and-defence-law/summary-hearing-documents-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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