{"id":"F2022L01641","name":"Defence Force Discipline (Chief of Army) Determination 2022","slug":"defence-force-discipline-chief-of-army-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441656,"registerId":"F2022L01641-fast-fetch-1775956913433","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Force Discipline (Chief of Army) Determination 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nDefence Force Discipline (Chief of Army) Determination 2022\n\nI, Simon Stuart, AO, DSC, Chief of Army, make the following determination.\n\nDated   8 December 2022\n\nSimon Stuart AO, DSC\n\nChief of Army\n\n \n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Objects of this instrument\n\n5  Simplified outline of this instrument\n\n6  Definitions\n\n7  Chief of Army Determination\n\n \n\n \n\n1  Name\n\nThis instrument is the Defence Force Discipline (Chief of Army) Determination 2022.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument At the same time as Schedule 1 to the Defence Legislation Amendment (Discipline Reform) Act 2021 commences.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This determination is made under subsection 9CA(2) of the Defence Force Discipline Act 1982.\n\n4  Objects of this instrument\n\n  The object of this instrument is to ensure that breaches of discipline by the most senior enlisted members of the Australian Army are not dealt with under the infringement scheme established by Part IA of the Act, which is intended to deal only with minor service discipline matters\n\n5  Simplified outline of this instrument\n\nPart IA of the Act establishes an infringement scheme to deal with minor service discipline matters (the infringement scheme). A prescribed defence member may elect to be dealt with under the infringement scheme for breaches of discipline that are disciplinary infringements.\n\nSubsection 9CA(1) of the Act defines a prescribed defence member. Under subsection 9CA(2) of Act, service chiefs may determine that a specified defence member, or each member of a specified class of defence members, holding the rank of warrant officer, chief petty officer or flight sergeant, is not a prescribed defence member.\n\nThis instrument determines that members of the Australian Army of the rank of Warrant Officer Class One are not prescribed defence members for the purposes of the infringement scheme.\n\n6  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a)      disciplinary infringement\n\n(b)      infringement scheme\n\n(c)      prescribed defence member.\n\n  In this instrument:\n\nAct means the Defence Force Discipline Act 1982.\n\n7  Chief of Army Determination\n\nPursuant to subsection 9CA(2) of the Act each member of the class of defence members in the Australian Army holding the rank of Warrant Officer Class One is not a prescribed defence member for the purposes of Part IA of the Act.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the narrow function described in its objects clause (section 4). It does not expand beyond excluding WO1s from the infringement scheme."},"complexity_factors":["Extremely short: only 7 sections across 2 pages","Only 1 defined term ('Act') in the instrument itself","Single operative provision (section 7) with no conditions, exceptions, or cross-references beyond the enabling provision","No nested logic or temporal provisions beyond standard commencement machinery","Relies on external definitions from the parent Act rather than creating new ones"],"plain_english_summary":"This December 2022 Determination by Chief of Army Simon Stuart removes Warrant Officer Class One (Army) from the Defence Force Discipline Act’s fast-track \"infringement scheme.\" About 200–300 of the Army’s most senior non‑commissioned leaders can no longer accept quick administrative fines and must instead face the full disciplinary process — preserving higher scrutiny and the example‑setting role of WO1s."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination implements its stated object (s4) by excluding Australian Army members of the rank Warrant Officer Class One from being 'prescribed defence members' under Part IA (s7). It narrows the scope of the infringement scheme as described in the instrument and does not broaden or add other classes or functions beyond that stated purpose."},"complexity_factors":["Narrow substantive change: applies only to one class of members (Warrant Officer Class One) which limits legal breadth but creates a bright‑line exclusion (see s7).","Cross‑references to primary Act: depends on definitions and mechanisms in the Defence Force Discipline Act 1982 (eg. 'prescribed defence member', 'infringement scheme', Part IA), requiring readers to consult the Act for full effect.","Statutory authority and administrative discretion: made under subsection 9CA(2) which delegates power to service chiefs to exclude classes of members from the infringement scheme, concentrating decision‑making in the Chief of Army.","Commencement dependency: commencement is tied to when Schedule 1 of the Defence Legislation Amendment (Discipline Reform) Act 2021 commences, creating a timing linkage to separate legislation (see Commencement).","Operational implementation requirement: shifts cases from the infringement scheme into traditional disciplinary procedures, altering case‑processing flows and administrative workload for commanders and service legal/administrative staff."],"plain_english_summary":"This instrument removes members of the Australian Army holding the rank Warrant Officer Class One from the Part IA ‘infringement scheme’ of the Defence Force Discipline Act 1982. The Chief of Army, using authority in subsection 9CA(2), has determined these senior enlisted members will be subject to traditional disciplinary processes rather than the low‑level infringement pathway. That change shifts where misconduct is dealt with, increasing reliance on formal service discipline procedures and related command decisions and administration."}},"importantCases":[],"_links":{"self":"/api/acts/defence-force-discipline-chief-of-army-determination-2022","history":"/api/acts/defence-force-discipline-chief-of-army-determination-2022/history","analysis":"/api/acts/defence-force-discipline-chief-of-army-determination-2022/analysis","conflicts":"/api/acts/defence-force-discipline-chief-of-army-determination-2022/conflicts","importantCases":"/api/acts/defence-force-discipline-chief-of-army-determination-2022/important-cases","documents":"/api/acts/defence-force-discipline-chief-of-army-determination-2022/documents"}}