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In 1982 the Federal Government introduced the Defence Force Discipline Act 1982 (DFDA) as a part of Commonwealth law. This law became effective in 1985, and all ADF members are subject to it.

The purpose of the DFDA is to maintain and enforce military discipline.

The discipline system is necessary for ADF operational capability by dealing with offences that affect military discipline. This includes offences that are uniquely military and other offences that occur in a military environment.

Offences by ADF members are prosecuted under the DFDA, within the military justice system, when the offence substantially affects the maintenance and ability to enforce Service discipline in the ADF. Otherwise, criminal offences or other illegal conduct are referred to civil authorities, such as the police.

The military justice system provides the ADF with an Australian legal framework able to be applied on operations anywhere in the world. This is essential because the ADF may conduct operations in countries where the civil system has broken down and no law applies.

The military justice system applies to all ADF members in times of peace and war, whether in Australia or overseas. ADF members must maintain the high level of discipline required on operations, at all times.

The discipline system includes processes for the investigation of alleged offences, preferring of charges and conduct of fair and reasonable trials.

All ADF members have access to free legal advice in the internal discipline system. This is unique to the military.
The discipline system includes safeguards such as automatic review of convictions and punishments and the right to an internal and external appeal. These safeguards are more extensive and rigorous than those available in the civilian criminal system.

Administrative system

The ADF is not the only working environment where an individual's inappropriate behaviour could lead to the death or injury of a colleague.

Like many other organisations the ADF has an administrative system to support its operations. The system includes components that allow the ADF to maintain the expected standard of professional judgement, command and leadership.
The administrative system also includes provisions to inquire into the facts of any matter.
The administrative system is intended to ensure operational effectiveness. It is not a substitute for punishment for an offence under the discipline system.

Adverse administrative action

A high standard of professional conduct is expected of all ADF members. If professional conduct falls below standard, administrative action is taken.

Administrative action includes counselling, formal warnings, censures, removal from command, and discharge from service.

Redress of grievance and other complaints

The ADF is proud of its progressive system of redress and complaints, which is among the most comprehensive anywhere.

The administrative system includes a legally protected redress of grievance provision that allows an individual to complain about any matter that affects his or her service. The ADF provides legal assistance to ADF members who wish to make a complaint.

There are a number of internal and external organisations to assist ADF members in making a redress or complaint. Usually members submit redress or other complaints through their commanding officer or chain of command. If this course of action is not appropriate then members are able to seek other avenues for complaints.

There are a number of internal and external organisations to which ADF members can make complaints. Usually, members submit redresses or other complaints through their commanding officer or chain of command. If this course of action is not appropriate, then members are able access other avenues for complaint.

Internal organisations for dealing with complaints include:

• Fairness and Resolution Branch, and
• Inspector General ADF.

External organisations include:

• The Defence Force Ombudsman,
• Human Rights and Equal Opportunity Commission, and
• the Office of the Federal Privacy Commissioner.
In some cases, members may also seek a review of the administrative conduct or decisions, made in the ADF, by the Federal Court and higher courts.

Administrative inquiries

The administrative inquiry process is not part of the discipline system. There are different types of administrative inquiries, such as Boards of Inquiry and Investigating Officer Inquiries.

An administrative inquiry determines the facts of an event. By determining what went wrong, the ADF is able to initiate reforms that maintain operational effectiveness, prevent a reoccurrence and save lives.

An administrative inquiry is an internal process that does not place blame and incriminate members involved for offences under the discipline system.

It is important that witnesses are able to give evidence to an inquiry without fear of disciplinary action arising from their admissions. Without this, it might not be possible to get to the true causes of an incident. Openness and frankness are important to a successful inquiry.

Administrative inquiries can be conducted by either ADF personnel or civilians. A civilian may be appointed to be on a Board of Inquiry, or to be an inquiry officer.

The reports resulting from an inquiry are generally not available to the public because of privacy and security obligations. In some cases, such as reports from Boards of Inquiry and Investigating Officer Inquiries, legislation also requires Ministerial approval for public or other release of inquiry reports. These legal protections are necessary to encourage openness and frankness in the inquiry process to enable the true facts to be determined.

Administrative inquiries are essential in maintaining ADF operational effectiveness and ensuring the safety of ADF members. They are used to identify faults and improve ADF systems, procedures, training and equipment. Getting to the facts of the matter and initiating reforms is essential to ADF effectiveness.

Defence Force Ombudsman
Under ss 19B-19F of the Ombudsman Act 1976 the Commonwealth Ombudsman performs the role of the Defence Force Ombudsman for defence personnel.
Department of Defence

other organisations pertaining to military law include:

ADF Financial Services Consumer Council1
The ADF Financial Services Consumer Council provides independent, professional financial education (not advice) to ADF members and their families.
http://www.adfconsumer.gov.au/
At Ease - mental health2
At Ease has been developed to improve veterans' mental health by raising awareness and understanding of how and where to seek help, and encouraging veterans to take action to optimise their health and wellbeing.
http://at-ease.dva.gov.au/
Defence Community Organisation (DCO)3
The Defence Community Organisation (DCO) provides a broad range of services in support of members and their families to help them balance the demands of military service with personal and family commitments.
http://www.defence.gov.au/dco/
Defence Force Discipline Appeal Tribunal (DFDAT)4
The Defence Force Discipline Appeal Tribunal hears and determines appeals from courts martial and Defence Force magistrates in respect of service offences by Australian Defence Force personnel.
http://www.defenceappeals.gov.au/
Defence Force Remuneration Tribunal (DFRT)5
The Defence Force Remuneration Tribunal inquires into and determines pay and pay related allowances for the Regular and Reserve members of the Australian Defence Force (ADF).
http://www.dfrt.gov.au/
Defence Force Retirement and Death Benefits Scheme (DFRDB)6
The Defence Force Retirement and Death Benefits Scheme (DFRDB) is a fully defined unfunded superannuation scheme which was closed to all new members on 1 October 1991. The Scheme is administered by ComSuper.
http://www.dfrdb.gov.au/
Defence Housing Australia (DHA)7
Defence Housing Australia (DHA) is responsible for providing housing solutions to members of the Australian Defence Force (ADF) and their families.
http://www.dha.gov.au/
Defence Joint Health Command8
Defence Joint Health Command (JHC) provides health care and, from the health perspective, ensures the preparedness of Australian Defence Force (ADF) personnel for operations, as well as preparing deployable elements of JHC for deployment in support of operations.
http://www.defence.gov.au/health/
Defence Service Homes (DSH)9
The Defence Service Homes Scheme (DSH) provides housing benefits to eligible veterans, ADF personnel and their dependants such as subsidised housing loans, home support loans and associated insurances. This site covers both insurance and lending as well as providing practical tips, hints and maintenance ideas for owners of existing homes or anyone thinking of buying a new home.
http://www.dsh.gov.au/
Frontline Defence Services10
Frontline (officially known as AAFCANS - Army & Air Force Canteen Service) provides convenient food, retail and tavern facilities to the Defence Family on Bases in Australia and Overseas in a safe environment at a fair price in either directly operated facilities or through licenced traders. Frontline also sponsors various sporting teams and Defence related events across Australia.
http://www.frontlineds.com.au/
Military Super11
The Military Superannuation and Benefits Scheme (MSBS) was established by the Military Superannuation and Benefits Act 1991 (the MSB Act). The MSBS is a defined contribution/defined benefit scheme administered by ComSuper.
http://www.militarysuper.gov.au/
Partners in Defence12
Members of the Australian Defence Force perform complex, challenging, and at times dangerous missions to defend Australia and its national interests. Defence understands that the requirements of Service life impact as much on the member's family as they do on the member. This website summarises key information about military service, conditions and benefits, services and programs that all in the Defence Community are entitled to access and that members and their families may find useful.
http://www.defence.gov.au/dco/partners/index.html
Personnel portal13
The Personnel Portal provides access to personnel related information from across the Department of Defence - including the Navy, Army and Air Force, regardless of organisational structure.
http://www.defence.gov.au/dpe/
The Right Mix14
Alcohol is just part of the mix in a healthy lifestyle. The Right Mix has helpful information on health and alcohol issues relevant to the veteran community.
http://www.therightmix.gov.au/
Touchbase - Out of the service, but still in touch15
The Touchbase website is an information portal where separating and separated ADF members can access information and links to resources on a wide range of topics, from jobs, sports clubs and hobbies through to fitness, wellbeing and counselling.
http://touchbase.gov.au/

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