Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1)

1 After subsection 98(2) (2A) An authorised officer may, by notice in writing served on a member of the Defence Force, suspend the member from duty if the member is: (a) under investigation by an authority of the Commonwealth, State or Territory because the member may have committed a civil court offence; or (b) under investigation by an authority of a place outside Australia because the member may have committed an overseas offence against a law of that place. 2 Subsection 98(4) Omit “in that paragraph”, substitute “in that subsection”. 3 After subsection 98(5) (5A) Where a member of t

If a service tribunal (other than a summary authority) has convicted a person of a service offence but considers that it is not appropriate that the conviction be disclosed under subsection 190A(1A), the service tribunal may order (a non‑disclosure order) that the conviction must not be disclosed under that subsection. 20 After section 162 162A Review of action under Part IV—non‑disclosure order (1) Despite subsection 162(1), a reviewing authority may not revoke a non‑disclosure order in relation to a conviction. (2) If in a review it appears to the reviewing authority that a service tribu

135 Determination of action under Part IV by judge advocate (1) If, under this Subdivision, an accused person is convicted of a service offence by a court martial: (a) the judge advocate of the court martial, or of a court martial convened under subsection 125A(4) or 129A(4) in relation to the conviction, must take action under Part IV in relation to the convicted person; and (b) the judge advocate who takes action must give reasons for each punishment imposed and each order made under Part IV in relation to the convicted person. (2) Before a judge advocate takes action under Part IV, the

178G Defence Mental Health Tribunal to make orders relating to detention, care or treatment (1) A Defence Mental Health Tribunal convened in relation to a mental health referral order for a person must, in accordance with this Part, decide whether any orders under subsection (2) should be made in relation to the person: (a) on referral of the person to the Tribunal; and (b) from time to time in accordance with this Part. Orders that may be made (2) The Defence Mental Health Tribunal may make orders relating to the following: (a) the person’s detention in a mental health facility, a deten

Note: For the punishments that may be imposed on a person for a summary contravention, see Subdivision C of Division 7. (3) To avoid doubt, a summary contravention provision is not a service offence and Chapter 2 of the Criminal Code does not apply in relation to the contravention of a summary contravention provision. Note: For the meaning of service offence, see subsection 3(1). 9MA Civil standard of proof for summary contravention (1) A summary authority must find a person guilty of a summary contravention if the summary authority is satisfied that the contravention has been proved on th

Defence Force Discipline Act 1982 13 Paragraph 69A(3)(b) Omit “6 months”, substitute “2 years”. 14 Application of this Part The amendment of the Defence Force Discipline Act 1982 made by this Part applies in relation to conduct engaged in at or after the commencement of this Part.

190C Extinguishing convictions for historical homosexual service offences (1) If a person has been convicted of an historical homosexual service offence, the person or a person with a special interest in the conviction, may apply to the Chief of the Defence Force for the conviction to be extinguished. (2) An offence is a historical homosexual service offence if: (a) the offence is an offence under: (i) this Act (including under any instrument made under this Act) as in force at any time before 1995; or (ii) the Defence Act 1903 (including under any instrument made under that Act or laws o