What it does
The Defence Force Discipline Act 1982 (the Act) establishes a comprehensive framework for enforcing discipline within the Australian Defence Force (ADF). At its core, it defines and penalises "service offences" — acts or omissions that prejudice good order, operational effectiveness, or the reputation of the ADF (s.3(1)). These are distinct from ordinary civilian crimes but often overlap via s.61, which imports Territory offences (primarily from the Jervis Bay Territory, incorporating the Criminal Code 2002 (ACT) and Crimes Act 1900 (ACT)) as service offences when committed by defence members or civilians (s.3(1) definition of "Territory offence" and notes 1–3).
The Act operates in layers. Part IA provides a simplified "infringement scheme" for minor disciplinary infringements by "prescribed defence members" (generally junior ranks up to lieutenant/commander level, excluding certain warrant officers per s.9CA). A member given an infringement notice (s.9E) may elect to have the matter dealt with administratively by a discipline officer or senior discipline officer (ss.9C, 9F–9FB). This results in non-criminal outcomes like fines (up to three days' pay for a senior officer), restriction of privileges, or extra duties (table in s.9FB(2)), with command review for senior officer decisions (s.9G). Election admits the infringement only for this purpose (s.9EB), and successful handling bars subsequent trial for the same conduct (s.9C(2)–(3)). This meets the object in s.9B of fair, efficient handling of minor matters.
For more serious matters, Part III lists specific service offences. Division 1 covers operations against the enemy (ss.15–19, e.g. abandoning a post per s.15, with a defence of reasonable excuse carrying legal burden under s.15(2) and Criminal Code s.13.4). Division 2 addresses mutiny, desertion, and absence (ss.20–24). Division 3 covers insubordination and violence (ss.25–34, e.g. disobeying a lawful command per s.27, with strict liability on superior officer status). Divisions 4–5B deal with duty performance, ships/vehicles/weapons, property, cyber-bullying (ss.48A–48B, inserted to address modern risks), arrest/custody, and miscellaneous offences (including prejudicial conduct per s.60, with strict liability and reasonable excuse defence). Section 61 extends to Territory offences committed in Jervis Bay or equivalent public places (with strict liability on the Territory offence element per s.61(5)). Ancillary liability (attempt, complicity, etc.) is covered via Criminal Code application (s.10) and specific provisions like s.62 (commanding an offence) and s.64 (punishment for ancillaries).