Federal govt unveils new military court

A new military court system is to be created with judges completely independent of
the defence force.
The move follows last year's High Court decision striking down the former Australian
Military Court.
Defence Minister John Faulkner said on Monday the new courts would be established
under chapter three of the constitution, overcoming the key High Court objection to
the old structure.
Senator Faulkner said the court would deal with serious service offences by
Australian Defence Force (ADF) members in a fair and timely manner in Australia and
overseas.
"It is critically important to the men and women of the ADF that they have access to
an effective military justice system," he told reporters.
"The judicial officers of the new court cannot be permanent or reserve members of
the ADF. Guaranteeing the court's independence will avoid the pitfalls that led to
the downfall of the Australian Military Court established by the previous government
in 2007."
However, he said, it was important the court brought an understanding of the special
nature of military justice and the environment in which decisions were made.
For that reason, judicial officers would need either past military service or
familiarity with the ADF.
The former Australian Military Court was established in 2007 and heard 171 cases
before it was challenged by former sailor Brian Lane.
He had been charged with misconduct in relation to a bizarre incident in August 2005
when he was alleged to have been photographed placing his genitals on the forehead a
sleeping army sergeant - a practice known as "teabagging". He denied this ever
happened.
The High Court ruled that the Australian Military Court, although expressly not a
court according to its legislation, was exercising the judicial power of the
commonwealth and that made it invalid under the Australian Constitution.
No decision was ever made in the "teabagging" case.
The new court will be constituted in separate upper and lower divisions with
judicial officers at the level of federal court judge and federal magistrate.
Initially there will be dual appointments between the new court and the federal courts.
The decision gives a new lease of life to the Federal Magistrates Court, created by
the former government, but which Labor promised to abolish. That will now be
restructured, with its family law responsibilities moved to the Family Court.
Attorney General Robert McClelland said the government had considered dissolving the
federal magistrates court.
"We anticipate that the bulk of work undertaken by the military court will be at
that federal magistrates level," he said. "It has been more practical to retain the
federal magistrates court as a separately functioning court."
Defence head Air Chief Marshal Angus Houston said he was very happy with the
proposed new arrangements.
"I am very confident that it will be sufficiently robust to basically exist well
into the future," he said.
Legislation establishing the new court will be introduced to parliament this year
with the new court operational late next year.



Delete & Prev | Delete & Next