{"id":"F2018L00350","name":"Defence Force Discipline (Consequences of Punishment) Rules 2018","slug":"defence-force-discipline-consequences-of-punishment-rules-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99933,"registerId":"commonwealth-F2018L00350-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 instrument is the Defence Force Discipline (Consequences of Punishment) Rules 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsections 9J(1), 68(2) and 68A(2) of the Defence Force Discipline Act 1982.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) defence member;\n    (b) detainee;\n    (c) detention centre;\n    (d) prescribed defence member;\n    (e) punishment;\n    (f) service tribunal.\n  In this instrument:\n\n> Act means the Defence Force Discipline Act 1982.\n\n> authorised member means a member, or a member included in a class of members, authorised, for the purposes of this instrument:\n\n    (a) by the standing, routine or daily orders of the unit, establishment or ship in which the member is serving; or\n    (b) in writing, by a commanding officer.\n\n> Discipline Regulations means the Defence Force Discipline Regulations 2018.\n\n> member means a defence member.\n\n> non‑working day, in relation to a member or prescribed defence member, means a day designated as a rest day or non‑working day by the standing, routine or daily orders of the unit, establishment or ship in which the member or prescribed defence member is serving punishment.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Consequences of punishments under sections 9J and 68 of the Act","content":"## Part 2—Consequences of punishments under sections 9J and 68 of the Act","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Consequences of punishment of reduction in rank","content":"#### 6 Consequences of punishment of reduction in rank\n\n  For the purposes of subsection 68(2) of the Act, the consequences that flow from the imposition on a member of the punishment of reduction in rank are as follows:\n    (a) the rank to which the member is reduced is the rank specified by the service tribunal which imposed the punishment;\n    (b) the member’s seniority in that rank is to be calculated from a date or year specified by the service tribunal, not being a date or year later than the date or year, respectively, on or in which the punishment is imposed.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Consequences of punishment of forfeiture of seniority","content":"#### 7 Consequences of punishment of forfeiture of seniority\n\n  For the purposes of subsection 68(2) of the Act, the consequences that flow from the imposition on a member of the punishment of forfeiture of seniority are as follows:\n    (a) the punishment imposed does not affect the seniority of that member otherwise than in relation to the member’s seniority in the rank held by the member on conviction;\n    (b) the seniority forfeited by the member is so much of the member’s seniority in that rank as accrued to the member before the date or year (as the case requires) specified by the service tribunal which imposed the punishment as being the date or year from which the member’s seniority in that rank is to be calculated.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Consequences of punishment of restriction of privileges","content":"#### 8 Consequences of punishment of restriction of privileges\n\n  For the purposes of subsections 9J(1) and 68(2) of the Act, the consequences that flow from the imposition on a member or a prescribed defence member (as the case requires) of the punishment of restriction of privileges are, for the duration of the punishment, as follows:\n    (a) the member or prescribed defence member must not leave the unit, establishment or ship in which the punishment is to be served except in the course of duty;\n    (b) the member or prescribed defence member must not:\n    (i) be present at any recreation or entertainment in the unit, establishment or ship; or\n    (ii) consume any alcoholic beverage;\n    (c) the member or prescribed defence member must, in accordance with an order given to the member by an authorised member, perform:\n    (i) additional duties for a period not exceeding 4 hours outside working hours in a working day or for a period not exceeding 8 hours in a non‑working day; or\n    (ii) if the member or prescribed defence member cannot be employed effectively in additional duties for all or part of a period mentioned in subparagraph (i)—drill for periods that cumulatively do not exceed 1 hour in each day;\n    (d) outside working hours the member or prescribed defence member must, in accordance with an order given to the member or prescribed defence member by an authorised member, report between 6 am and 11 pm (but not more frequently than once every 2 hours) to a person specified by the authorised member;\n    (e) outside working hours the member or prescribed defence member must wear:\n    (i) if the member or prescribed defence member is required to perform a duty—the appropriate working dress; or\n    (ii) in any other case—the dress of the day.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Consequences of punishment of stoppage of leave","content":"#### 9 Consequences of punishment of stoppage of leave\n\n  For the purposes of subsections 9J(1) and 68(2) of the Act, the consequences that flow from the imposition on a member or a prescribed defence member (as the case requires) of the punishment of stoppage of leave are, for the duration of the punishment, as follows:\n    (a) the member or prescribed defence member must not leave the unit, establishment or ship in which the punishment is to be served except in the course of duty;\n    (b) outside working hours the member or prescribed defence member must, in accordance with an order given to the member or prescribed defence member by an authorised member, report between 6 am and 11 pm (but not more frequently than once every 2 hours) to a person specified by the authorised member;\n    (c) outside working hours the member or prescribed defence member must wear:\n    (i) if the member or prescribed defence member is required to perform a duty—the appropriate working dress; or\n    (ii) in any other case—the dress of the day;\n    (d) the member or prescribed defence member must not consume any alcoholic beverage.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Consequences of punishment of extra duties","content":"#### 10 Consequences of punishment of extra duties\n\n  For the purposes of subsections 9J(1) and 68(2) of the Act, the consequences that flow from the imposition on a member or a prescribed defence member (as the case requires) of the punishment of extra duties are, for the duration of the punishment, as follows:\n    (a) the member or prescribed defence member must, in accordance with an order given to the member or prescribed defence member by an authorised member, perform:\n    (i) additional duties outside working hours for a period not exceeding 4 hours in each day; or\n    (ii) if the member or prescribed defence member cannot be employed effectively in additional duties for all or part of the period referred to in subparagraph (i)—drill for periods that cumulatively do not exceed 1 hour in each day;\n    (b) outside working hours the member or prescribed defence member must wear:\n    (i) if the member or prescribed defence member is required to perform a duty—the appropriate working dress; or\n    (ii) in any other case—the dress of the day.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Consequences of custodial punishments under section 68A of the Act","content":"## Part 3—Consequences of custodial punishments under section 68A of the Act","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Consequences of custodial punishment of segregated confinement","content":"#### 11 Consequences of custodial punishment of segregated confinement\n\n  For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee in a detention centre of the punishment of segregated confinement are, for the duration of the punishment, as follows:\n    (a) the detainee must be accommodated in a part of the detention centre set apart from the accommodation for detainees who are not undergoing the punishment of segregated confinement;\n    (b) the detainee must, subject to paragraph (c) and section 15 of the Discipline Regulations, be confined to his or her cell;\n    (c) the detainee must perform drill for periods that cumulatively do not exceed 1 hour in each day;\n    (d) the detainee must be denied access to:\n    (i) subject to section 20 of the Discipline Regulations—books; and\n    (ii) social media and other forms of digital entertainment;\n    (e) the detainee must not be permitted to receive visitors other than visitors referred to in subsection 19(1) of the Discipline Regulations.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Consequences of custodial punishment of confinement to cell","content":"#### 12 Consequences of custodial punishment of confinement to cell\n\n  For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee of the punishment of confinement to cell are, for the duration of the punishment, as follows:\n    (a) the detainee must, subject to section 15 of the Discipline Regulations, be confined to his or her cell;\n    (b) the detainee must perform drill periods that cumulatively do not exceed 1 hour in each day;\n    (c) the detainee must be denied access to:\n    (i) subject to section 20 of the Discipline Regulations—books; and\n    (ii) social media and other forms of digital entertainment;\n    (d) the detainee must not be permitted to receive visitors other than visitors referred to in subsection 19(1) of the Discipline Regulations.","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Consequences of custodial punishment of extra drill","content":"#### 13 Consequences of custodial punishment of extra drill\n\n  For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee of the punishment of extra drill are that the detainee must, for the duration of the punishment, perform drill for periods that cumulatively do not exceed 1 hour in each day.","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Consequences of custodial punishment of restriction of custodial privileges","content":"#### 14 Consequences of custodial punishment of restriction of custodial privileges\n\n  For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee of the punishment of restriction of custodial privileges are, for the duration of the punishment, as follows:\n    (a) the detainee must be denied access to:\n    (i) subject to section 20 of the Discipline Regulations—books; and\n    (ii) social media and other forms of digital entertainment;\n    (b) the detainee must not be permitted to receive visitors other than visitors referred to in subsection 19(1) of the Discipline Regulations.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Performance of drill","content":"## Part 4—Performance of drill","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Conditions governing the performance of drill","content":"#### 15 Conditions governing the performance of drill\n\n  For the purposes of this instrument, drill must be performed by a member or a prescribed defence member in accordance with the following conditions:\n    (a) the nature and type of drill to be performed must be as specified in the standing, routine or daily orders of the unit, establishment, ship or detention centre in which the drill is performed;\n    (b) the member or prescribed defence member must perform the drill in accordance with an order given to the member or prescribed defence member by an authorised member;\n    (c) the member or prescribed defence member must not be required to perform the drill for a continuous period exceeding 30 minutes;\n    (d) the member or prescribed defence member must not be required to perform periods of drill more frequently than at 4‑hourly intervals.","sortOrder":16},{"sectionNumber":"Part 5","sectionType":"part","heading":"Transitional provisions","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Defence Force Discipline (Consequences of Punishment) Rules 2018.\n\n#### 3 Authority\n\n  This instrument is made under subsections 9J(1), 68(2) and 68A(2) of the Defence Force Discipline Act 1982.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) defence member;\n    (b) detainee;\n    (c) detention centre;\n    (d) prescribed defence member;\n    (e) punishment;\n    (f) service tribunal.\n  In this instrument:\n\n> Act means the Defence Force Discipline Act 1982.\n\n> authorised member means a member, or a member included in a class of members, authorised, for the purposes of this instrument:\n\n    (a) by the standing, routine or daily orders of the unit, establishment or ship in which the member is serving; or\n    (b) in writing, by a commanding officer.\n\n> Discipline Regulations means the Defence Force Discipline Regulations 2018.\n\n> member means a defence member.\n\n> non‑working day, in relation to a member or prescribed defence member, means a day designated as a rest day or non‑working day by the standing, routine or daily orders of the unit, establishment or ship in which the member or prescribed defence member is serving punishment.\n\n## Part 2—Consequences of punishments under sections 9J and 68 of the Act\n\n#### 6 Consequences of punishment of reduction in rank\n\n  For the purposes of subsection 68(2) of the Act, the consequences that flow from the imposition on a member of the punishment of reduction in rank are as follows:\n    (a) the rank to which the member is reduced is the rank specified by the service tribunal which imposed the punishment;\n    (b) the member’s seniority in that rank is to be calculated from a date or year specified by the service tribunal, not being a date or year later than the date or year, respectively, on or in which the punishment is imposed.\n\n#### 7 Consequences of punishment of forfeiture of seniority\n\n  For the purposes of subsection 68(2) of the Act, the consequences that flow from the imposition on a member of the punishment of forfeiture of seniority are as follows:\n    (a) the punishment imposed does not affect the seniority of that member otherwise than in relation to the member’s seniority in the rank held by the member on conviction;\n    (b) the seniority forfeited by the member is so much of the member’s seniority in that rank as accrued to the member before the date or year (as the case requires) specified by the service tribunal which imposed the punishment as being the date or year from which the member’s seniority in that rank is to be calculated.\n\n#### 8 Consequences of punishment of restriction of privileges\n\n  For the purposes of subsections 9J(1) and 68(2) of the Act, the consequences that flow from the imposition on a member or a prescribed defence member (as the case requires) of the punishment of restriction of privileges are, for the duration of the punishment, as follows:\n    (a) the member or prescribed defence member must not leave the unit, establishment or ship in which the punishment is to be served except in the course of duty;\n    (b) the member or prescribed defence member must not:\n    (i) be present at any recreation or entertainment in the unit, establishment or ship; or\n    (ii) consume any alcoholic beverage;\n    (c) the member or prescribed defence member must, in accordance with an order given to the member by an authorised member, perform:\n    (i) additional duties for a period not exceeding 4 hours outside working hours in a working day or for a period not exceeding 8 hours in a non‑working day; or\n    (ii) if the member or prescribed defence member cannot be employed effectively in additional duties for all or part of a period mentioned in subparagraph (i)—drill for periods that cumulatively do not exceed 1 hour in each day;\n    (d) outside working hours the member or prescribed defence member must, in accordance with an order given to the member or prescribed defence member by an authorised member, report between 6 am and 11 pm (but not more frequently than once every 2 hours) to a person specified by the authorised member;\n    (e) outside working hours the member or prescribed defence member must wear:\n    (i) if the member or prescribed defence member is required to perform a duty—the appropriate working dress; or\n    (ii) in any other case—the dress of the day.\n\n#### 9 Consequences of punishment of stoppage of leave\n\n  For the purposes of subsections 9J(1) and 68(2) of the Act, the consequences that flow from the imposition on a member or a prescribed defence member (as the case requires) of the punishment of stoppage of leave are, for the duration of the punishment, as follows:\n    (a) the member or prescribed defence member must not leave the unit, establishment or ship in which the punishment is to be served except in the course of duty;\n    (b) outside working hours the member or prescribed defence member must, in accordance with an order given to the member or prescribed defence member by an authorised member, report between 6 am and 11 pm (but not more frequently than once every 2 hours) to a person specified by the authorised member;\n    (c) outside working hours the member or prescribed defence member must wear:\n    (i) if the member or prescribed defence member is required to perform a duty—the appropriate working dress; or\n    (ii) in any other case—the dress of the day;\n    (d) the member or prescribed defence member must not consume any alcoholic beverage.\n\n#### 10 Consequences of punishment of extra duties\n\n  For the purposes of subsections 9J(1) and 68(2) of the Act, the consequences that flow from the imposition on a member or a prescribed defence member (as the case requires) of the punishment of extra duties are, for the duration of the punishment, as follows:\n    (a) the member or prescribed defence member must, in accordance with an order given to the member or prescribed defence member by an authorised member, perform:\n    (i) additional duties outside working hours for a period not exceeding 4 hours in each day; or\n    (ii) if the member or prescribed defence member cannot be employed effectively in additional duties for all or part of the period referred to in subparagraph (i)—drill for periods that cumulatively do not exceed 1 hour in each day;\n    (b) outside working hours the member or prescribed defence member must wear:\n    (i) if the member or prescribed defence member is required to perform a duty—the appropriate working dress; or\n    (ii) in any other case—the dress of the day.\n\n## Part 3—Consequences of custodial punishments under section 68A of the Act\n\n#### 11 Consequences of custodial punishment of segregated confinement\n\n  For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee in a detention centre of the punishment of segregated confinement are, for the duration of the punishment, as follows:\n    (a) the detainee must be accommodated in a part of the detention centre set apart from the accommodation for detainees who are not undergoing the punishment of segregated confinement;\n    (b) the detainee must, subject to paragraph (c) and section 15 of the Discipline Regulations, be confined to his or her cell;\n    (c) the detainee must perform drill for periods that cumulatively do not exceed 1 hour in each day;\n    (d) the detainee must be denied access to:\n    (i) subject to section 20 of the Discipline Regulations—books; and\n    (ii) social media and other forms of digital entertainment;\n    (e) the detainee must not be permitted to receive visitors other than visitors referred to in subsection 19(1) of the Discipline Regulations.\n\n#### 12 Consequences of custodial punishment of confinement to cell\n\n  For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee of the punishment of confinement to cell are, for the duration of the punishment, as follows:\n    (a) the detainee must, subject to section 15 of the Discipline Regulations, be confined to his or her cell;\n    (b) the detainee must perform drill periods that cumulatively do not exceed 1 hour in each day;\n    (c) the detainee must be denied access to:\n    (i) subject to section 20 of the Discipline Regulations—books; and\n    (ii) social media and other forms of digital entertainment;\n    (d) the detainee must not be permitted to receive visitors other than visitors referred to in subsection 19(1) of the Discipline Regulations.\n\n#### 13 Consequences of custodial punishment of extra drill\n\n  For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee of the punishment of extra drill are that the detainee must, for the duration of the punishment, perform drill for periods that cumulatively do not exceed 1 hour in each day.\n\n#### 14 Consequences of custodial punishment of restriction of custodial privileges\n\n  For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee of the punishment of restriction of custodial privileges are, for the duration of the punishment, as follows:\n    (a) the detainee must be denied access to:\n    (i) subject to section 20 of the Discipline Regulations—books; and\n    (ii) social media and other forms of digital entertainment;\n    (b) the detainee must not be permitted to receive visitors other than visitors referred to in subsection 19(1) of the Discipline Regulations.\n\n## Part 4—Performance of drill\n\n#### 15 Conditions governing the performance of drill\n\n  For the purposes of this instrument, drill must be performed by a member or a prescribed defence member in accordance with the following conditions:\n    (a) the nature and type of drill to be performed must be as specified in the standing, routine or daily orders of the unit, establishment, ship or detention centre in which the drill is performed;\n    (b) the member or prescribed defence member must perform the drill in accordance with an order given to the member or prescribed defence member by an authorised member;\n    (c) the member or prescribed defence member must not be required to perform the drill for a continuous period exceeding 30 minutes;\n    (d) the member or prescribed defence member must not be required to perform periods of drill more frequently than at 4‑hourly intervals.\n\n## Part 5—Transitional provisions\n\n### Division 1—Transitional provisions relating to the commencement of this instrument as originally made\n\n#### 16 Definitions\n\n  In this Part:\n\n> commencement day means the day on which this instrument commences.\n\n> old rules means the Defence Force Discipline (Consequences of Punishment) Rules 1986, as in force immediately before the commencement day.\n\n#### 17 Transitional—punishments\n\n  (1) Parts 1 to 4 of this instrument apply in relation to a punishment imposed on a member, prescribed defence member or detainee on or after the commencement day.\n  (2) Despite the repeal of the old rules by Schedule 1, those rules continue to apply in relation to a punishment imposed on a member, prescribed defence member or detainee before the commencement day.\n\n#### 18 Transitional—authorised members\n\n  Despite the repeal of the old rules by Schedule 1, a person who was an authorised member for the purposes of the old rules immediately before the commencement day is taken, on and after that day, to be an authorised member for the purposes of this instrument.","sortOrder":17},{"sectionNumber":"Division 1","sectionType":"division","heading":"Transitional provisions relating to the commencement of this instrument as originally made","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Defence Force Discipline (Consequences of Punishment) Rules 2018.\n\n#### 3 Authority\n\n  This instrument is made under subsections 9J(1), 68(2) and 68A(2) of the Defence Force Discipline Act 1982.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) defence member;\n    (b) detainee;\n    (c) detention centre;\n    (d) prescribed defence member;\n    (e) punishment;\n    (f) service tribunal.\n  In this instrument:\n\n> Act means the Defence Force Discipline Act 1982.\n\n> authorised member means a member, or a member included in a class of members, authorised, for the purposes of this instrument:\n\n    (a) by the standing, routine or daily orders of the unit, establishment or ship in which the member is serving; or\n    (b) in writing, by a commanding officer.\n\n> Discipline Regulations means the Defence Force Discipline Regulations 2018.\n\n> member means a defence member.\n\n> non‑working day, in relation to a member or prescribed defence member, means a day designated as a rest day or non‑working day by the standing, routine or daily orders of the unit, establishment or ship in which the member or prescribed defence member is serving punishment.\n\n## Part 2—Consequences of punishments under sections 9J and 68 of the Act\n\n#### 6 Consequences of punishment of reduction in rank\n\n  For the purposes of subsection 68(2) of the Act, the consequences that flow from the imposition on a member of the punishment of reduction in rank are as follows:\n    (a) the rank to which the member is reduced is the rank specified by the service tribunal which imposed the punishment;\n    (b) the member’s seniority in that rank is to be calculated from a date or year specified by the service tribunal, not being a date or year later than the date or year, respectively, on or in which the punishment is imposed.\n\n#### 7 Consequences of punishment of forfeiture of seniority\n\n  For the purposes of subsection 68(2) of the Act, the consequences that flow from the imposition on a member of the punishment of forfeiture of seniority are as follows:\n    (a) the punishment imposed does not affect the seniority of that member otherwise than in relation to the member’s seniority in the rank held by the member on conviction;\n    (b) the seniority forfeited by the member is so much of the member’s seniority in that rank as accrued to the member before the date or year (as the case requires) specified by the service tribunal which imposed the punishment as being the date or year from which the member’s seniority in that rank is to be calculated.\n\n#### 8 Consequences of punishment of restriction of privileges\n\n  For the purposes of subsections 9J(1) and 68(2) of the Act, the consequences that flow from the imposition on a member or a prescribed defence member (as the case requires) of the punishment of restriction of privileges are, for the duration of the punishment, as follows:\n    (a) the member or prescribed defence member must not leave the unit, establishment or ship in which the punishment is to be served except in the course of duty;\n    (b) the member or prescribed defence member must not:\n    (i) be present at any recreation or entertainment in the unit, establishment or ship; or\n    (ii) consume any alcoholic beverage;\n    (c) the member or prescribed defence member must, in accordance with an order given to the member by an authorised member, perform:\n    (i) additional duties for a period not exceeding 4 hours outside working hours in a working day or for a period not exceeding 8 hours in a non‑working day; or\n    (ii) if the member or prescribed defence member cannot be employed effectively in additional duties for all or part of a period mentioned in subparagraph (i)—drill for periods that cumulatively do not exceed 1 hour in each day;\n    (d) outside working hours the member or prescribed defence member must, in accordance with an order given to the member or prescribed defence member by an authorised member, report between 6 am and 11 pm (but not more frequently than once every 2 hours) to a person specified by the authorised member;\n    (e) outside working hours the member or prescribed defence member must wear:\n    (i) if the member or prescribed defence member is required to perform a duty—the appropriate working dress; or\n    (ii) in any other case—the dress of the day.\n\n#### 9 Consequences of punishment of stoppage of leave\n\n  For the purposes of subsections 9J(1) and 68(2) of the Act, the consequences that flow from the imposition on a member or a prescribed defence member (as the case requires) of the punishment of stoppage of leave are, for the duration of the punishment, as follows:\n    (a) the member or prescribed defence member must not leave the unit, establishment or ship in which the punishment is to be served except in the course of duty;\n    (b) outside working hours the member or prescribed defence member must, in accordance with an order given to the member or prescribed defence member by an authorised member, report between 6 am and 11 pm (but not more frequently than once every 2 hours) to a person specified by the authorised member;\n    (c) outside working hours the member or prescribed defence member must wear:\n    (i) if the member or prescribed defence member is required to perform a duty—the appropriate working dress; or\n    (ii) in any other case—the dress of the day;\n    (d) the member or prescribed defence member must not consume any alcoholic beverage.\n\n#### 10 Consequences of punishment of extra duties\n\n  For the purposes of subsections 9J(1) and 68(2) of the Act, the consequences that flow from the imposition on a member or a prescribed defence member (as the case requires) of the punishment of extra duties are, for the duration of the punishment, as follows:\n    (a) the member or prescribed defence member must, in accordance with an order given to the member or prescribed defence member by an authorised member, perform:\n    (i) additional duties outside working hours for a period not exceeding 4 hours in each day; or\n    (ii) if the member or prescribed defence member cannot be employed effectively in additional duties for all or part of the period referred to in subparagraph (i)—drill for periods that cumulatively do not exceed 1 hour in each day;\n    (b) outside working hours the member or prescribed defence member must wear:\n    (i) if the member or prescribed defence member is required to perform a duty—the appropriate working dress; or\n    (ii) in any other case—the dress of the day.\n\n## Part 3—Consequences of custodial punishments under section 68A of the Act\n\n#### 11 Consequences of custodial punishment of segregated confinement\n\n  For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee in a detention centre of the punishment of segregated confinement are, for the duration of the punishment, as follows:\n    (a) the detainee must be accommodated in a part of the detention centre set apart from the accommodation for detainees who are not undergoing the punishment of segregated confinement;\n    (b) the detainee must, subject to paragraph (c) and section 15 of the Discipline Regulations, be confined to his or her cell;\n    (c) the detainee must perform drill for periods that cumulatively do not exceed 1 hour in each day;\n    (d) the detainee must be denied access to:\n    (i) subject to section 20 of the Discipline Regulations—books; and\n    (ii) social media and other forms of digital entertainment;\n    (e) the detainee must not be permitted to receive visitors other than visitors referred to in subsection 19(1) of the Discipline Regulations.\n\n#### 12 Consequences of custodial punishment of confinement to cell\n\n  For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee of the punishment of confinement to cell are, for the duration of the punishment, as follows:\n    (a) the detainee must, subject to section 15 of the Discipline Regulations, be confined to his or her cell;\n    (b) the detainee must perform drill periods that cumulatively do not exceed 1 hour in each day;\n    (c) the detainee must be denied access to:\n    (i) subject to section 20 of the Discipline Regulations—books; and\n    (ii) social media and other forms of digital entertainment;\n    (d) the detainee must not be permitted to receive visitors other than visitors referred to in subsection 19(1) of the Discipline Regulations.\n\n#### 13 Consequences of custodial punishment of extra drill\n\n  For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee of the punishment of extra drill are that the detainee must, for the duration of the punishment, perform drill for periods that cumulatively do not exceed 1 hour in each day.\n\n#### 14 Consequences of custodial punishment of restriction of custodial privileges\n\n  For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee of the punishment of restriction of custodial privileges are, for the duration of the punishment, as follows:\n    (a) the detainee must be denied access to:\n    (i) subject to section 20 of the Discipline Regulations—books; and\n    (ii) social media and other forms of digital entertainment;\n    (b) the detainee must not be permitted to receive visitors other than visitors referred to in subsection 19(1) of the Discipline Regulations.\n\n## Part 4—Performance of drill\n\n#### 15 Conditions governing the performance of drill\n\n  For the purposes of this instrument, drill must be performed by a member or a prescribed defence member in accordance with the following conditions:\n    (a) the nature and type of drill to be performed must be as specified in the standing, routine or daily orders of the unit, establishment, ship or detention centre in which the drill is performed;\n    (b) the member or prescribed defence member must perform the drill in accordance with an order given to the member or prescribed defence member by an authorised member;\n    (c) the member or prescribed defence member must not be required to perform the drill for a continuous period exceeding 30 minutes;\n    (d) the member or prescribed defence member must not be required to perform periods of drill more frequently than at 4‑hourly intervals.\n\n## Part 5—Transitional provisions\n\n### Division 1—Transitional provisions relating to the commencement of this instrument as originally made\n\n#### 16 Definitions\n\n  In this Part:\n\n> commencement day means the day on which this instrument commences.\n\n> old rules means the Defence Force Discipline (Consequences of Punishment) Rules 1986, as in force immediately before the commencement day.\n\n#### 17 Transitional—punishments\n\n  (1) Parts 1 to 4 of this instrument apply in relation to a punishment imposed on a member, prescribed defence member or detainee on or after the commencement day.\n  (2) Despite the repeal of the old rules by Schedule 1, those rules continue to apply in relation to a punishment imposed on a member, prescribed defence member or detainee before the commencement day.\n\n#### 18 Transitional—authorised members\n\n  Despite the repeal of the old rules by Schedule 1, a person who was an authorised member for the purposes of the old rules immediately before the commencement day is taken, on and after that day, to be an authorised member for the purposes of this instrument.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Definitions","content":"#### 16 Definitions\n\n  In this Part:\n\n> commencement day means the day on which this instrument commences.\n\n> old rules means the Defence Force Discipline (Consequences of Punishment) Rules 1986, as in force immediately before the commencement day.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Transitional—punishments","content":"#### 17 Transitional—punishments\n\n  (1) Parts 1 to 4 of this instrument apply in relation to a punishment imposed on a member, prescribed defence member or detainee on or after the commencement day.\n  (2) Despite the repeal of the old rules by Schedule 1, those rules continue to apply in relation to a punishment imposed on a member, prescribed defence member or detainee before the commencement day.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Transitional—authorised members","content":"#### 18 Transitional—authorised members\n\n  Despite the repeal of the old rules by Schedule 1, a person who was an authorised member for the purposes of the old rules immediately before the commencement day is taken, on and after that day, to be an authorised member for the purposes of this instrument.","sortOrder":21}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: specifying the practical consequences of military disciplinary punishments. The 2018 version replaces the 1986 rules but maintains the same core scope of regulating how punishments are experienced by ADF members and detainees. The inclusion of modern elements like 'social media and other forms of digital entertainment' reflects contemporary updates rather than scope creep."},"complexity_factors":["Multiple cross-references to the Defence Force Discipline Act 1982 and Defence Force Discipline Regulations 2018 (sections 9J, 68, 68A, 15, 19, 20)","Dual application to both 'members' and 'prescribed defence members' requiring case-by-case determination","Conditional logic in punishment structures (e.g., 'if the member cannot be employed effectively... then drill')","Time-based calculations with multiple variables (working days vs non-working days, 4-hourly intervals, cumulative daily limits)","Nested exceptions and qualifications (e.g., 'subject to section 20 of the Discipline Regulations' for book access)","Transitional provisions creating parallel application of old and new rules based on commencement dates"],"plain_english_summary":"This instrument, operating under the Defence Force Discipline Act 1982, spells out the practical effects of disciplinary punishments for ADF members, certain prescribed personnel, and detainees in military detention. It covers both non‑custodial and custodial sanctions and sets procedural limits on their implementation (for example, bounds on drill, reporting and detention conditions).\n\nWhy it matters: it standardises how punishments are applied, limits arbitrariness, and preserves humane, consistent treatment while maintaining military discipline, with transitional rules replacing the prior 1986 regime."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument operates within the narrow original purpose: it specifies the practical consequences of punishments named in the Defence Force Discipline Act and replaces the 1986 rules with updated wording. It modernises some modalities (for example, explicitly denying access to social media and other digital entertainment for detainees (ss11–14)), but it does not expand the statutory scope of punishable conduct or introduce new categories of punishment. The changes are therefore best described as modernization and clarification rather than a substantive scope expansion."},"complexity_factors":["Short instrument with 15 substantive rules plus transitional provisions","Limited number of new defined terms in the instrument (authorised member, non-working day, Discipline Regulations, Act, member) (s5)","Direct cross‑references to external instruments: Defence Force Discipline Act 1982 (ss3, references to ss9J,68,68A) and Defence Force Discipline Regulations 2018 (multiple provisions)","Several conditional paragraphs and alternatives (e.g. extra duties or drill alternatives in ss8(c),10(a))","Repetition across Parts 2 and 3 (similar consequences for members and detainees) reduces interpretive novelty but increases length to scan","Multiple operational discretions left to standing/routine/daily orders and authorised members (s5, s15)","Transitional rules preserve old rules for pre‑commencement punishments, adding one layer of temporal application (ss16–18)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- It sets out the specific consequences that attach to certain military punishments authorised by the Defence Force Discipline Act 1982. In other words, when a service tribunal or authorised officer imposes a named punishment under the Act, this instrument defines what that punishment means in practice (see Parts 2 and 3: e.g. reduction in rank (s6), forfeiture of seniority (s7), restriction of privileges (s8), stoppage of leave (s9), extra duties (s10), and several custodial punishments (ss11–14)).\n- It defines a small set of terms used in the rules (including that “authorised member” means someone authorised by standing orders or in writing by a commanding officer) and links to the Defence Force Discipline Regulations 2018 for matters left to those regulations (s5).\n- It prescribes how “drill” used as a punishment must be performed (maximum continuous period 30 minutes; not more frequent than every 4 hours; total daily limits where applicable) (s15).\n- It includes transitional provisions preserving the old 1986 rules for punishments imposed before this instrument commenced, and carries over who counts as an authorised member from the old rules (ss16–18).\n\n**Who is affected**\n\n- Defence members and prescribed defence members who are subject to punishments under the Defence Force Discipline Act (the instrument uses the Act’s defined terms) (s5, Parts 2–3).\n- Detainees in military detention centres who receive custodial punishments (Part 3: ss11–14).\n- Commanding officers and other “authorised members” who give the orders implementing punishments (s5, ss8–10, s15).\n\n**Key practical effects on behaviour (who decides, who pays, what changes)**\n\n- Who decides: a service tribunal imposes tribunal punishments (ss6–7), and authorised members issue implementing orders (s5, s15). Some specifics (e.g. treatment of books, visitors, and exceptions) are subject to the Discipline Regulations (referenced in ss11–14).\n- Who pays: the member or detainee subject to the punishment bears the loss of privileges, restrictions on movement, mandatory extra work/drill, loss of alcohol access, potential reduction in rank or seniority (ss6–10, 11–14).\n- Behaviour changes imposed: staying on base except for duty (ss8(a), 9(a)); prohibition on attending recreation events and on consuming alcohol (s8(b), s9(d)); mandatory extra duties or drill outside working hours up to specified maxima (s8(c), s10(a), ss11–13); reporting requirements outside working hours (ss8(d), 9(b)); prescribed dress while subject to punishment (ss8(e), 9(c), 10(b)); confinement and limits on visitors, books and digital access for detainees (ss11–14).\n\n**Official purpose-claim and assessment**\n\n- The instrument’s stated purpose is to give effect to the consequences required by the Defence Force Discipline Act (it is made under subsections 9J(1), 68(2) and 68A(2) of the Act) (s3). That is, it converts high‑level punishments named in the Act into specific, enforceable conditions.\n\nTest against costs, incentives and trade‑offs (mechanical and concrete):\n\n- Career incentives and costs: reductions in rank or forfeiture of seniority explicitly change a member’s rank and the date from which seniority is calculated (ss6–7). That has a direct, observable career cost (promotion order, pay progression and selection implications follow from a change in rank/seniority).\n- Liberty and private choice costs: punishments restrict movement, leisure and alcohol consumption (ss8–10), and for detainees add cell confinement and visitor/digital restrictions (ss11–14). Those are borne by the punished individual.\n- Administrative and compliance burden: authorised members must issue and supervise orders (s5, s15). Reporting requirements (e.g. every up to 2 hours between 6 am and 11 pm — ss8(d), 9(b)) and recording or enforcing drill and extra duties create supervisory time costs and monitoring needs for units.\n- Bureaucratic discretion and implementation risk: many operational details are left to standing, routine or daily orders and to authorised members (s5, s15, ss8–10). This preserves local flexibility but means outcomes can vary by unit; it concentrates discretion with commanding officers and those they authorise.\n- Cross‑referenced constraints and exceptions: the instrument defers to the Discipline Regulations for particular limits and exceptions (e.g. access to books or visitor rules — ss11–14 reference Discipline Regulations ss15,19,20). That means practical application requires consulting multiple instruments.\n- Productivity/trade‑off effects: extra duties or drill allocate a punished member’s time to unit work or training outside normal hours (ss8(c), 10(a), 13). That shifts labour time within the Defence Force rather than imposing a monetary sanction; it may reduce leisure but increase time available for unit tasks. The rules cap hours (e.g. 4 hours extra duties in a working day, 8 on a non‑working day; drill limits), which bounds the operational cost to the unit (ss8(c), 10(a), 15(c)–(d)).\n- Speech and external communications: denial of social media and other digital entertainment for detainees (ss11–14(d)(ii)) affects the detainee’s access to digital platforms. The instrument leaves some specifics to the Discipline Regulations (s11–14 reference section 20 of the Discipline Regulations), so the exact effect depends on those regulations.\n\n**Concentrated benefits, diffuse costs and capture risk (mechanism‑focused)**\n\n- Benefits are concentrated on commanding officers and unit commanders who gain a clear, enforceable toolkit to manage discipline (s5, ss6–15). Costs are concentrated on the punished individual (loss of liberty, career impact) and operationally on the unit that must supervise punishments.\n- The rules do not create new private markets or subsidies; they are internal military regulatory measures. The potential for local variation in enforcement (because standing orders and authorised members implement many details) creates a risk that outcomes differ materially across units; that is an implementation/consistency risk rather than a transfer to outside private actors.\n\n**Other implementation notes**\n\n- The instrument modernises some material compared with earlier rules by explicitly naming denial of “social media and other forms of digital entertainment” (ss11–14), reflecting technological change; the transitional clauses preserve the earlier regime for punishments imposed before commencement (ss16–18).\n- To apply the rules in practice an authorised member will frequently need to consult a unit’s standing/routine/daily orders and the Discipline Regulations for linked procedural limits (s5, s15, ss11–14).\n\n**Key provisions to check when applying these rules**\n\n- Who is an authorised member in your unit (s5).\n- Time caps on extra duties and drill (ss8(c), 10(a), 13; s15(c)–(d)).\n- Effect on rank and seniority dates (ss6–7).\n- Restrictions on visitors, books and digital access for detainees and the cross‑reference to the Discipline Regulations (ss11–14).\n- Transitional treatment of punishments imposed before commencement (ss16–18).\n\n(References in parentheses are to the numbered rules/sections in the instrument.)"},"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"}},"importantCases":[],"_links":{"self":"/api/acts/defence-force-discipline-consequences-of-punishment-rules-2018","history":"/api/acts/defence-force-discipline-consequences-of-punishment-rules-2018/history","analysis":"/api/acts/defence-force-discipline-consequences-of-punishment-rules-2018/analysis","conflicts":"/api/acts/defence-force-discipline-consequences-of-punishment-rules-2018/conflicts","importantCases":"/api/acts/defence-force-discipline-consequences-of-punishment-rules-2018/important-cases","documents":"/api/acts/defence-force-discipline-consequences-of-punishment-rules-2018/documents"}}