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Australian Military Discipline Law: Legal Frameworks and Contemporary Issues

Edited by: Kellie Toole, Dale Stephens

ISBN13: 9789819261161
To be Published: December 2026
Publisher: Palgrave Macmillan
Country of Publication: Singapore
Format: Hardback
Price: £139.99





This book brings together key academics and practitioners from across Australia to provide a comprehensive reflection on the under-researched area of Australian military disciplinary law. It covers a broad range of topics on the nature of military discipline law, legacy issues arising from its historical origins, contemporary challenges regarding its application in the domestic and international domains, and likely future directions.

The contributors are all qualified Australian lawyers with varied backgrounds as civilians, reservists and current and former permanent Australian Defence Force (ADF) legal officers. The balance of authorship ensures that the collection as a whole reflects both the internal operation and culture of the ADF, and provides an independent, critical perspective on it.

The issue of military discipline in both domestic and international settings has received extensive and ongoing media and public attention in the last decade. The public interest in the topic was apparent between 2013 and 2017, when investigations of the ‘Skype’ and ‘Jedi Council’ scandals revealed that male ADF members had been producing and sharing online footage of sexual encounters with women without the consent of the women involved, and accompanied by sexist and disrespectful commentary. The implications of discipline on overseas military operations were brought to the public attention in 2016, when the Inspector-General of the Australian Defence Force commissioned an inquiry into allegations that members of the Special Operations Task Group in Afghanistan breached the Law of Armed Conflict between 2005 to 2016.

Subjects:
Other Jurisdictions , Australia
Contents:
Part I: Historical Context and Modern Dilemmas
1. Introducing Statutory Frameworks and Modern Challenges
2. The Purpose, Evolution and Scope of Military Discipline Law, Including Constitutional Issues
3. The Case for a Separate and Robust Military Discipline System
4. The Case for a Revised Australian Military Discipline System
5. Conceptual Approaches to Military Justice
6. 'Two hundred yards and closing': A Convergence in Disciplinary and Administrative Action in the Australian Defence Force

Part II: Investigation and Military Policing
7. Investigative Powers for Military Prosecutions
8. Contemporising Military Investigations: A Military Police Perspective
9. Modernising Military Justice: The Right to Silence, Compulsion, and the Future of ADF Investigations

Part III: Prosecution and Sentencing
10. Contemporary Role and Challenges for the Director of Military Prosecutions
11. Disciplinary Infringement Scheme
12. The Prosecution of Sexual Misconduct under the Defence Force Discipline Act 1982 (Cth)
13. The Complexity of Consent Laws in the Australian Military Jurisdiction
14. The Intersection Between Mental Health and the Discipline Law System in the Australian Defence Force
15. Duty, Discipline, and Data: Sentencing in the Age of AI.- Part IV: Operations
16. The Principle of Complementarity and Australia's Legal Framework
17. Wilful Killing, Collateral Damage and War Crimes
18. Exposure of ADF Members on Operations to Prosecution Under Section 102.6 of the Criminal Code Act 1995 (Cth) - Making Funds Available to a Terrorist Organisation
19. Between War and Peace: The Risk Borne by Australian Defence Force Members if Called into the 'Grey-Zone'
20. Is the Discipline System Fit for Purpose for Operations Outside Australia? Reflections in light of the IGADF Afghanistan Inquiry