What happens if I break the law while serving in the Defence Force?

In Plain English

If you break the law while serving in the Australian Defence Force, there are a few different ways it can be handled.

  1. Disciplinary Infringement: For less serious breaches, like being late for duty or disobeying a command, you might face a disciplinary infringement. This is dealt with internally by discipline officers or senior discipline officers. They can impose punishments like a fine, restriction of privileges, or a formal warning. Importantly, a disciplinary infringement is not a service offence.
  2. Service Offence: For more serious offences, you could be charged with a service offence under the Defence Force Discipline Act 1982. These offences are more serious and can lead to imprisonment. Examples include failing to comply with directions on a ship or aircraft, assaulting a guard, or damaging service property.
  3. Civilian Law: Depending on the nature of the offence, you might also be subject to civilian law, just like any other Australian citizen.

The Defence Force Discipline Act 1982 and related legislation like the Defence Legislation Amendment (Discipline Reform) Act 2021 and the Defence Act 1903 outline these processes and the types of offences and punishments that apply.

Detailed Explanation

The consequences of breaking the law while serving in the Defence Force depend on the nature and severity of the offence. The legislative framework provides for a tiered approach:

  1. Disciplinary Infringements:

It's important to note that the Defence Act 1903 also contains provisions related to offences, such as those related to defence emblems and uniforms (section 83 and 84).