{"id":"F2016L01452","name":"Defence Force Discipline Appeals Regulation 2016","slug":"defence-force-discipline-appeals-regulation-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95087,"registerId":"commonwealth-F2016L01452-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Defence Force Discipline Appeals Regulation 2016.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Defence Force Discipline Appeals Act 1955.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this instrument:\n\n> Act means the Defence Force Discipline Appeals Act 1955.\n\n> Deputy Registrar means a Deputy Registrar appointed under subsection 19(2) of the Act.\n\n> detention centre has the same meaning as in the Defence Force Discipline Act 1982.\n\n> legal practitioner has the same meaning as in section 39 of the Act.\n\n> naval vessel means:\n\n    (a) a warship or other vessel that:\n    (i) is operated for naval or military purposes by Australia; and\n    (ii) is under the command of the Defence Force; and\n    (iii) bears external marks of nationality; and\n    (iv) is manned by seafarers under armed forces discipline (however described); or\n    (b) a Government vessel that is used only on government non‑commercial service as a naval auxiliary.\n\n> Registrar means the Registrar of the Tribunal but does not include a Deputy Registrar.\n\n> Registrar of Military Justice means the Registrar of Military Justice appointed under section 188FB of the Defence Force Discipline Act 1982.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Appeals to the Tribunal","content":"## Part 2—Appeals to the Tribunal","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Period for appeal from a decision of a single member of the Tribunal","content":"#### 6 Period for appeal from a decision of a single member of the Tribunal\n\n  For the purposes of subsection 17(2) of the Act, the period within which a person affected by a decision referred to in that subsection may appeal to the Tribunal from the decision is the period of 10 days from the day on which the person is notified of the decision.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Lodgement of appeals etc.","content":"#### 7 Lodgement of appeals etc.\n\n  (1) For the purposes of paragraph 21(1)(b) of the Act, the following persons are prescribed:\n    (a) a Deputy Registrar;\n    (b) the Registrar of Military Justice;\n    (c) if the appellant is in custody on board a ship (other than a naval vessel) on board which is a body, contingent or detachment of the Defence Force—the officer commanding the body, contingent or detachment;\n    (d) if the appellant is confined in a detention centre—the officer in charge of the detention centre;\n    (e) if the appellant is confined in a civil prison in Australia—the Governor of the prison;\n    (f) if none of paragraphs (c), (d) and (e) applies to the appellant—the officer commanding any unit of the Defence Force.\n  (2) If an appeal or an application for leave to appeal is lodged with a person referred to in subsection (1), the person must forward the appeal or application to the Registrar.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Giving records of court martial proceedings etc. to the Tribunal","content":"#### 8 Giving records of court martial proceedings etc. to the Tribunal\n\n  (1) If an appeal, or an application for leave to appeal, against a conviction, or a prescribed acquittal, by a court martial or Defence Force magistrate is lodged under the Act, the Registrar of Military Justice must, on request by the Registrar, give the following to the Tribunal for the purposes of the appeal or application:\n    (a) a record of the proceedings of the court martial or Defence Force magistrate;\n    (b) a record of any review with respect to the proceedings of the court martial or Defence Force magistrate;\n    (c) copies of documents that were before the court martial, Defence Force magistrate or reviewing authority in connection with the proceedings, or the review of the proceedings, as the case may be.\n  (2) If a record or document given to the Tribunal under subsection (1) in relation to an appeal or application is no longer required for the purposes of the appeal or application, the Registrar must return the record or document to the Registrar of Military Justice.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Legal aid","content":"#### 9 Legal aid\n\n  (1) An appellant may apply to the Tribunal for the approval of the Tribunal to the granting of legal aid to the appellant under this section.\n  (2) The application must be made within 14 days, or such longer period as the Tribunal allows, after the day on which the appellant’s appeal or application for leave to appeal was lodged.\n  (3) The application must be accompanied by a statutory declaration, made by the appellant, setting out such information as is necessary to enable the Tribunal to determine whether the appellant’s means are insufficient to enable him or her to prosecute the appeal or application for leave to appeal.\n  (4) If, on application under subsection (1), the Tribunal is satisfied that:\n    (a) the appellant has insufficient means to enable him or her to prosecute the appeal or application for leave to appeal; and\n    (b) it appears desirable in the interests of justice that legal aid should be granted to the appellant under this section;\n  the Tribunal may, by order, approve the granting to the appellant of legal aid under this section.\n  (5) If the Tribunal approves the granting to an appellant of legal aid under this section, the Attorney‑General may arrange for one or more legal practitioners to represent the appellant at the hearing of the appeal or application for leave to appeal, or of a matter preliminary or incidental to the appeal.\n  (6) If the Attorney‑General arranges, under subsection (5), for a legal practitioner to represent an appellant, the Commonwealth must pay the legal practitioner an amount, determined by the Attorney‑General, for fees and disbursements.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Discontinuance of appeals etc.","content":"#### 10 Discontinuance of appeals etc.\n\n  An appellant may, by notice in writing to the Registrar:\n    (a) withdraw an application for leave to appeal; or\n    (b) discontinue an appeal;\n  at any time before the hearing of the application or appeal commences.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Manner of enforcing order for payment of costs","content":"#### 11 Manner of enforcing order for payment of costs\n\n  An order under subsection 37(3) of the Act for the payment of an amount of costs by an appellant may be enforced in either or both of the following ways:\n    (a) by the amount, or a part of the amount, being recovered as a debt due to the Commonwealth by action in a court of competent jurisdiction;\n    (b) by deducting the amount, or a part of the amount, from any pay and allowances earned by the appellant as a member of the Defence Force.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Appellant in custody","content":"#### 12 Appellant in custody\n\n  (1) If an appellant in custody is entitled to be present at the hearing of his or her appeal or application for leave to appeal, or of a matter preliminary or incidental to the appeal, the Registrar must give the person who has the custody of the appellant a certificate signed by the Registrar:\n    (a) stating that the appellant is so entitled; and\n    (b) specifying details of the place where, and the times at which, the hearing will be held.\n  (2) If a person who has the custody of an appellant is given a certificate under subsection (1) in relation to a hearing, the person must ensure that:\n    (a) the appellant is taken to the place specified in the certificate at the specified times; and\n    (b) the appellant will continue to be present at that place throughout the hearing.\n  (3) If an appellant in custody is to be taken to a place at which the appellant is entitled to be present for the purposes of the Act, the person who has the custody of the appellant must ensure that the appellant is under guard:\n    (a) during the time the appellant is travelling to, and returning from, the place; and\n    (b) unless the Tribunal otherwise orders—during the time the appellant is present at the place.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration of the Tribunal","content":"## Part 3—Administration of the Tribunal","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Registry","content":"#### 13 Registry\n\n  (1) There is to be a Registry of the Tribunal.\n  (2) The Registry is to be at such place as the President directs.\n  (3) The Registrar is to have custody of:\n    (a) any records of the Tribunal kept in the Registry; and\n    (b) documents lodged or filed with the Registrar or a Deputy Registrar.\n  (4) The Registrar must keep proper records of:\n    (a) proceedings before the Tribunal; and\n    (b) documents in the custody of the Registrar.","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Notification of hearing","content":"#### 14 Notification of hearing\n\n  As soon as practicable after a time, date and place for a hearing before the Tribunal is fixed, the Registrar must give written notice of the time, date and place to:\n    (a) the appellant or the legal practitioner (if any) who is to represent the appellant at the hearing; and\n    (b) the Chief of the Defence Force, or service chief, whose duty it is to undertake the defence of the appeal, application or matter the subject of the hearing; and\n    (c) the Registrar of Military Justice.","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Acting Registrar","content":"#### 15 Acting Registrar\n\n  (1) The assistant Registrar is to act as the Registrar:\n    (a) during a vacancy in the office of Registrar (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Registrar:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (2) For the purposes of this section, the assistant Registrar is:\n    (a) if there is only one Deputy Registrar—the Deputy Registrar; or\n    (b) if there is more than one Deputy Registrar—the Deputy Registrar nominated by the President to be the assistant Registrar.\n\n> Note: For rules that apply to persons acting as the Registrar, see section 33A of the Acts Interpretation Act 1901.","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Fees to witnesses","content":"#### 16 Fees to witnesses\n\n  The allowances payable under subsection 34(1) of the Act to a witness (other than a member of the Defence Force rendering service) are such fees and travelling expenses as the Registrar thinks fit to allow in accordance with the scale in Part 4 of the Public Works Committee Regulation 2016.","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Fees for supplying copies","content":"#### 17 Fees for supplying copies\n\n  The fee for the supply by the Registrar to an appellant of a copy of a document relating to the appeal is:\n    (a) if the document is not more than 50 pages—$12; or\n    (b) if the document is more than 50 pages—$12 plus 10 cents for each page in excess of 50.","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Procedure following decision of Tribunal","content":"#### 18 Procedure following decision of Tribunal\n\n  (1) As soon as practicable after making a decision on a question of law, an appeal, an application or a matter, the Tribunal must prepare a written statement that sets out the decision of the Tribunal on the question of law, appeal, application or matter.\n  (2) As soon as practicable after preparing a written statement under subsection (1), the Tribunal must provide a copy of the statement to the Registrar.\n  (3) As soon as practicable after receiving a written statement under subsection (2), the Registrar must give the Registrar of Military Justice:\n    (a) a copy of the statement; and\n    (b) a copy of the orders of the Tribunal to which the decision relates.","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"Application, savings and transitional provisions","content":"## Part 4—Application, savings and transitional provisions","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Definitions","content":"#### 19 Definitions\n\n  In this Part:\n\n> commencement day means the day this instrument commences.\n\n> old law means the Defence Force Discipline Appeals Regulations 1957, as in force immediately before the commencement day.","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Transitional—appeals to the Tribunal made, but not determined, before commencement","content":"#### 20 Transitional—appeals to the Tribunal made, but not determined, before commencement\n\n  (1) This section applies if:\n    (a) an appeal or application (the old appeal or application) was made to the Tribunal under the Act before the commencement day; and\n    (b) before the commencement day, the old appeal or application had not been determined under the Act.\n  (2) Despite the repeal of the old law by Schedule 1 to this instrument, the old law continues to apply in relation to the old appeal or application as if the repeal had not happened.","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Transitional—Registry","content":"#### 21 Transitional—Registry\n\n  If a document was kept in the Registry under regulation 17 of the old law immediately before the commencement day, that document is taken to be kept in the Registry under section 13 of this instrument on and after that day.","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Transitional—things done under the old law","content":"#### 22 Transitional—things done under the old law\n\n  (1) Subject to sections 20 and 21, if:\n    (a) a thing was done for a particular purpose under the old law; and\n    (b) the thing could be done for that purpose under this instrument;\n  the thing has effect for the purposes of this instrument as if it had been done under this instrument.\n  (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.","sortOrder":23}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument repeals and replaces the Defence Force Discipline Appeals Regulations 1957 and establishes an updated set of procedural and administrative rules for appeals under the Defence Force Discipline Appeals Act 1955. Transitional provisions preserve the old law’s operation for appeals made but not determined before commencement and treat registry documents and actions under the old law as valid under the new instrument (regs 19–22). Practically, the Regulation continues and re‑expresses the Tribunal’s procedural scope (appeals timing, lodgement, records, legal aid, registry, custody procedures and fees) while updating administrative details and cross‑references."},"complexity_factors":["Cross‑references to the Defence Force Discipline Appeals Act 1955 and other instruments (Act, Public Works Committee Regulation 2016) increase legal interdependence (regs 3, 16).","Multiple prescribed officers and custodial scenarios for lodgement and attendance create procedural branching (reg 7, reg 12).","Short, strict time limits for appeals and legal aid applications raise procedural risk and require tight case management (regs 6, 9(2)).","Discretions exercised by the Registrar (witness allowances) and the Attorney‑General (legal practitioner appointment and fee determination) introduce variability (regs 16, 9(5)–(6)).","Record‑management duties between the Registrar and the Registrar of Military Justice impose bilateral administrative processes (regs 8, 13, 18).","Transitional provisions preserving application of the 1957 Regulations for pending matters add switching and record‑classification complexity (regs 20–22).","Enforcement options for costs (debt action or deduction from Defence pay) involve both civil and internal payroll mechanisms (reg 11)."],"plain_english_summary":"This Regulation prescribes practical procedures and administration for appeals to the Defence Force Discipline Appeals Tribunal under the 1955 Act. It fixes tight time limits, lodgement and custody rules, record‑keeping, notice and hearing procedures, fees/witness allowances, legal‑aid approval and cost recovery, and transitional arrangements. \n\nIt chiefly affects appellants (usually Defence members), registrars and custodial/commanding officers who must forward and produce appellants, and the Attorney‑General who funds approved representation—shaping who pays, who decides, and the administrative and timing burdens."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow purpose of providing procedural machinery for the Defence Force Discipline Appeals Tribunal. The 2016 version is a remake of the 1957 regulations with updated language and structure, but does not expand beyond the original scope of administering military discipline appeals."},"complexity_factors":["Only 7 defined terms in the interpretation section (section 5)","Straightforward procedural structure with minimal cross-referencing","No nested exceptions or complex conditional logic","Clear delineation between Parts (Preliminary, Appeals, Administration, Transitional)","Single-level numbering system (no sub-sub-sections beyond (1), (2), (a), (b))","Transitional provisions are simple and limited to 3 sections covering existing appeals, registry documents, and things done under old law"],"plain_english_summary":"This regulation sets out the practical rules for how military personnel can appeal against disciplinary decisions made by courts martial or Defence Force magistrates.\n\n**What it does:**\n- **Establishes time limits**: You have 10 days to appeal a decision made by a single member of the Defence Force Discipline Appeals Tribunal.\n- **Sets up who can receive appeals**: If you're in custody on a ship, in a detention centre, or in a civilian prison, specific officers must accept your appeal paperwork and forward it to the Registrar. If you're not in custody, any unit commanding officer can receive it.\n- **Provides for legal aid**: If you can't afford a lawyer, you can apply to the Tribunal for legal aid within 14 days. If approved, the Attorney-General arranges a lawyer and the Commonwealth pays for it.\n- **Handles records**: The Registrar of Military Justice must provide court records and documents to the Tribunal when requested for an appeal.\n- **Manages custody arrangements**: If you're in custody and entitled to attend your hearing, the Registrar issues a certificate to ensure you're transported to and from the hearing under guard.\n- **Sets fees**: Witnesses get allowances, and appellants pay $12 for documents up to 50 pages (plus 10 cents per extra page).\n- **Deals with transitional matters**: Appeals started under the old 1957 rules continue under those rules, while new appeals follow these 2016 rules.\n\n**Who it affects:**\n- Defence Force members appealing disciplinary convictions or acquittals\n- Deputy Registrars, the Registrar of Military Justice, and various commanding officers who handle appeal paperwork\n- The Tribunal itself (the Defence Force Discipline Appeals Tribunal)\n\n**Why it matters:**\nThis regulation puts meat on the bones of the Defence Force Discipline Appeals Act 1955. Without these rules, military personnel wouldn't know how to actually lodge an appeal, how to get legal representation if they're broke, or how to attend hearings if they're locked up. It ensures the appeals process is accessible and procedurally fair."}},"importantCases":[],"_links":{"self":"/api/acts/defence-force-discipline-appeals-regulation-2016","history":"/api/acts/defence-force-discipline-appeals-regulation-2016/history","analysis":"/api/acts/defence-force-discipline-appeals-regulation-2016/analysis","conflicts":"/api/acts/defence-force-discipline-appeals-regulation-2016/conflicts","importantCases":"/api/acts/defence-force-discipline-appeals-regulation-2016/important-cases","documents":"/api/acts/defence-force-discipline-appeals-regulation-2016/documents"}}