{"id":"F2022L01634","name":"Defence Force Discipline (Chief of Navy) Determination 2022","slug":"defence-force-discipline-chief-of-navy-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441648,"registerId":"F2022L01634-fast-fetch-1775956910127","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Force Discipline (Chief of Navy) 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 Navy) Determination 2022\n\nI, Vice Admiral Mark David Hammond, AM, Chief of Navy, make the following determination.\n\nDated   12 December 2022\n\nMark David Hammond AM\n\nChief of Navy\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 Navy Determination\n\n \n\n \n\n1  Name\n\nThis instrument is the Defence Force Discipline (Chief of Navy) 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(Discipline Reform) Act 2021 commences.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Royal Australian Navy 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 Royal Australian Navy of the rank of Warrant Officer 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 Navy Determination\n\nPursuant to subsection 9CA(2) of the Act each member of the class of defence members in the Royal Australian Navy holding the rank of Warrant Officer 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":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the narrow function authorised by subsection 9CA(2) of the Defence Force Discipline Act 1982: excluding a specified class of members from the infringement scheme. There is no scope creep or expansion beyond the original statutory purpose."},"complexity_factors":["Extremely short: only 7 sections across 2 pages","Only 1 defined term ('Act') in the instrument itself","No cross-references to other legislation beyond the enabling Act","No conditional logic, exceptions, or nested provisions","Single operative provision (section 7) with straightforward effect","Relies entirely on external definitions from the Defence Force Discipline Act 1982"],"plain_english_summary":"This Chief of Navy rule removes Royal Australian Navy Warrant Officers from the Defence Force Discipline Act’s quick “infringement” scheme, so even minor misconduct must be dealt with through full disciplinary proceedings. It affects Navy Warrant Officers only (not CPOs, lower ranks, Army or Air Force) and reflects holding senior enlisted leaders to a higher standard."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This determination narrows the population eligible for the Part IA infringement scheme by excluding Royal Australian Navy Warrant Officers from the class of \"prescribed defence members\" (s 7; object at s 4). Mechanically, it removes the option for those members to elect infringement processing and returns their minor-discipline matters to ordinary service discipline procedures. The change is limited in scope (single rank, single service) and its commencement is linked to Schedule 1 of the Defence Legislation Amendment (Discipline Reform) Act 2021 (s 2)."},"complexity_factors":["Narrow, single-issue instrument affecting one rank and service (Royal Australian Navy Warrant Officers) — low substantive breadth (s 7).","Relies on definitions and concepts in the Defence Force Discipline Act 1982 (disciplinary infringement; infringement scheme; prescribed defence member) requiring cross-reference to the Act to understand effect (s 6 note).","Made under a specific delegated power (subsection 9CA(2)) so statutory interpretation of that power may be relevant (s 3, s 7).","Commencement is tied to the commencement of Schedule 1 to the Defence Legislation Amendment (Discipline Reform) Act 2021, so temporal effect depends on another instrument/Act (s 2).","Operational impact is procedural rather than substantive (changes forum/process for minor breaches), creating administrative and behavioural consequences for affected personnel and decision makers rather than complex new obligations (s 4, s 5)."],"plain_english_summary":"This instrument (s 7) removes Royal Australian Navy members holding the rank of Warrant Officer from the class of \"prescribed defence members\" under Part IA of the Defence Force Discipline Act 1982, so they cannot elect to have minor disciplinary breaches handled under the Act’s infringement scheme. The Chief of Navy made the determination under s 9CA(2) (s 3); affected personnel will be dealt with by the ordinary service discipline procedures rather than the simplified infringement process, shifting decision‑making and administrative costs away from the infringement scheme (s 4)."}},"importantCases":[],"_links":{"self":"/api/acts/defence-force-discipline-chief-of-navy-determination-2022","history":"/api/acts/defence-force-discipline-chief-of-navy-determination-2022/history","analysis":"/api/acts/defence-force-discipline-chief-of-navy-determination-2022/analysis","conflicts":"/api/acts/defence-force-discipline-chief-of-navy-determination-2022/conflicts","importantCases":"/api/acts/defence-force-discipline-chief-of-navy-determination-2022/important-cases","documents":"/api/acts/defence-force-discipline-chief-of-navy-determination-2022/documents"}}