What happens if I'm punished under the Defence Force Discipline Act?

Okay, let's break down what happens when you're punished under the Defence Force Discipline Act 1982, based on the provided legislative context.

In Plain English

If you're a member of the Defence Force and you've been found to have committed an offence under the Defence Force Discipline Act 1982, the consequences depend on a few things:

  1. Type of Punishment: The type of punishment you receive will determine the immediate impact. Punishments can range from fines and extra duties to imprisonment or dismissal from the Defence Force.
  2. Who Imposed the Punishment: Whether the punishment was imposed by a service tribunal (like a court martial), a reviewing authority, a summary authority (like a commanding officer), or a discipline officer/senior discipline officer impacts when and how the punishment takes effect, and whether it requires further approval.
  3. Approval: Certain punishments, especially more severe ones like imprisonment, dismissal, or significant fines, require approval from a reviewing authority before they take effect (Defence Force Discipline Act 1982 section 172). Until approved, you might be held in custody.
  4. Timing: Generally, punishments take effect immediately, but there are exceptions. For example, punishments imposed by discipline officers or senior discipline officers can take effect up to 14 days after the decision is made (Defence Force Discipline Act 1982 section 9FC). If multiple punishments are given, they're served one after the other (Defence Force Discipline Act 1982 section 171).
  5. Infringement Scheme: For less serious disciplinary infringements, a simpler system exists. If you're a "prescribed defence member" (generally a junior officer or enlisted member) you may be dealt with under the infringement scheme (Defence Legislation Amendment (Discipline Reform) Act 2021 section 9C). This involves a discipline officer or senior discipline officer who can impose punishments, dismiss the infringement, or decline to deal with it. If you are dealt with under the infringement scheme, you cannot be tried by a service tribunal for the same infringement (Defence Legislation Amendment (Discipline Reform) Act 2021 section 9C).
  6. Command Review: If a senior discipline officer imposes a punishment on you, your commanding officer must review that decision and can either confirm it, reduce the punishment, impose no punishment, or dismiss the infringement (Defence Legislation Amendment (Discipline Reform) Act 2021 section 9G).
  7. Consequences of Specific Punishments: The Defence Force Discipline (Consequences of Punishment) Rules 2018 outlines the specific consequences for punishments like reduction in rank, forfeiture of seniority, restriction of privileges, stoppage of leave, extra duties, segregated confinement, confinement to cell, extra drill, and restriction of custodial privileges. These can include restrictions on movement, activities, access to communication, and additional duties or drill.
  8. Records: Records of disciplinary infringements are kept and may be used for personnel and discipline management (Defence Force Discipline (Disciplinary Infringement Records) Rules 2022).

More Detailed Explanation

Here's a more detailed breakdown, referencing specific sections of the legislation:

  • Commencement of Punishments:

    • Generally, punishments and orders take effect immediately (Defence Force Discipline Act 1982 section 171(1)).
    • A summary authority can impose a punishment for a specific period beginning no later than 14 days after the day the punishment is imposed (Defence Force Discipline Act 1982 section 171(1A)).
    • Punishments imposed by discipline officers or senior discipline officers take effect either at the time the decision is made, or from a specified date no later than 14 days after the decision (Defence Legislation Amendment (Discipline Reform) Act 2021 section 9FC(1)).

    • Punishments Requiring Approval:

    • Section 172 of the Defence Force Discipline Act 1982 lists punishments that require approval by a reviewing authority before taking effect. These include:

      • Imprisonment for life or a specific period
      • Dismissal from the Defence Force
      • Segregated confinement or confinement to cell for more than 3 days
      • Extra drill for more than 3 days
      • Restriction of custodial privileges for more than 7 days
      • Detention (when imposed by a summary authority)
      • Reduction in rank or forfeiture of seniority (when imposed by a summary authority)
      • Fines exceeding 14 days' pay (when imposed by a summary authority)
      • Restitution, reparation, or removal orders imposed by a service tribunal
        • A person can be held in custody pending approval of certain punishments, such as imprisonment or dismissal (Defence Force Discipline Act 1982 sections 172(3A), (4) and (5)).
      • Infringement Scheme (Part IA of the Defence Force Discipline Act 1982):

    • This scheme, introduced by the Defence Legislation Amendment (Discipline Reform) Act 2021, provides a way to deal with minor disciplinary matters fairly and efficiently (section 9B).

    • "Prescribed defence members" (generally junior ranks as defined in section 9CA) may elect to be dealt with under this scheme if given an infringement notice (section 9C). However, service chiefs can determine that certain members (e.g. Warrant Officers in the Army and Air Force) are not prescribed defence members (Defence Force Discipline (Chief of Army) Determination 2022, Defence Force Discipline (Chief of Air Force) Determination 2022, section 9CA(2)).
    • A discipline officer or senior discipline officer can impose a punishment, decide not to impose a punishment, dismiss the infringement, or decline to deal with it (section 9FB).
    • If dealt with under the infringement scheme, the member cannot be tried by a service tribunal for the same offence (section 9C).

    • Command Review of Senior Discipline Officer Decisions:

    • A commanding officer must review a decision by a senior discipline officer to impose a punishment (section 9G).

    • The commanding officer can confirm the decision, substitute it with a reduced punishment or no punishment, or dismiss the infringement (section 9G).

    • Consequences of Specific Punishments:

    • The Defence Force Discipline (Consequences of Punishment) Rules 2018 details the consequences of various punishments. For example:

    • The Defence Force Discipline (Disciplinary Infringement Records) Rules 2022 governs the keeping, use, and destruction of records related to disciplinary infringements (Part IA records).

    • These records are used for personnel and discipline management. Access to these records is restricted after certain events, such as promotion or end of service (Defence Force Discipline (Disciplinary Infringement Records) Rules 2022 section 9).

I hope this comprehensive breakdown is helpful!