43Employment of recorders etc

43 Employment of recorders etc

(1) The Registrar must arrange for a person to act in the position of a recorder.

(1A) If the following positions are required at proceedings before the Australian Military Court, the Registrar must arrange for persons to act in the positions:

(a) an interpreter;

(b) a military jury court officer.

Objections

(2) At any time during the trial the accused person or the prosecution may enter an objection to a recorder, an interpreter or a military jury court officer on the ground of:

(a) bias; or

(b) likelihood of bias; or

(c) competence.

Oath etc

(2A) If a recorder or an interpreter is required during the hearing of an appeal, or an application for an extension of time to appeal, the provisions of subrule 43 (2) apply in relation to those hearings.

(3) If the Military Judge is satisfied that the accused person or the prosecuting officer has substantiated an objection under this rule, the Military Judge must:

(a) allow the objection; and

(b) request the Registrar to arrange for a replacement recorder, interpreter or military jury court officer, as the case may be.

(4) Before a person begins to act as a recorder, interpreter or military jury court officer, the Military Judge must administer, or cause to be administered, an oath or affirmation to that person before the person begins so to act.

(5) The oath or affirmation to be taken or made by a person for this rule is an oath or affirmation:

(a) in the case of a person who is to act as a recorder — that the person will, to the best of the person’s ability, truly record or transcribe, or both (as the case may be), the evidence given before the Australian Military Court and such other matters as may be required, and, if a transcript is required to be made, will deliver to the Registrar a true transcript of the same; or

(b) in the case of a person who is to act as an interpreter — that the person will, to the best of the person’s ability, truly interpret and translate as required; or

(c) in the case of a person who is to act as a military jury court officer — that the person:

(i) will keep the military jury in his or her charge, subject to any directions by the Military Judge; and

(ii) will not allow any person to speak to a military juror about the issues before the Australian Military Court; and

(iii) will not speak to any military juror concerning the issues before the Australian Military Court.