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Defence Force Discipline Act 1982
196Judge advocates’ panel
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196 Judge advocates’ panel
(1) There shall be a panel of officers to be known as the judge advocates’ panel.
(2) The Chief of the Defence Force or a service chief may, by writing signed by the Chief of the Defence Force or the service chief, appoint officers nominated by the Judge Advocate General to be members of the judge advocates’ panel.
(2AA) In making an appointment, the Chief of the Defence Force or the service chief (as the case may be) must have regard to the desirability of reflecting a diversity of expertise, experience and gender among the members of the judge advocates’ panel.
(2A) An appointment under subsection (2) is for the period specified in the instrument of appointment. However, if the specified period exceeds 5 years, the appointment is for a period of 5 years.
(2B) An officer appointed under subsection (2) may be reappointed for a further period or periods.
(3) An officer is not eligible for appointment to the judge advocates’ panel unless the officer is enrolled as a legal practitioner and has been so enrolled for not less than 5 years.
(4) The Judge Advocate General shall require an officer appointed under subsection (2) to make and subscribe an oath or affirmation in accordance with the form in Schedule 5.
(5) An oath or affirmation under subsection (4) shall be made before the Judge Advocate General or an officer authorized, in writing, by the Judge Advocate General for the purpose.
(6) The Chief of the Defence Force may, by notifiable instrument, determine:
(a) the criteria that apply to the selection of a person for appointment under this section; and
(b) the process for selecting the person.
196AA Termination of appointment to judge advocates’ panel
(1) The Chief of the Defence Force or a service chief (whoever made the appointment of an officer to be a member of the judge advocates’ panel under subsection 196(2)) may terminate that appointment:
(b) if the officer is unable to perform the duties of a member of the judge advocates’ panel because of physical or mental incapacity.
(2) The Chief of the Defence Force or a service chief (whoever made the appointment of an officer to be a member of the judge advocates’ panel under subsection 196(2)) must terminate that appointment if the officer:
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) compounds with his or her creditors; or
(d) makes an assignment of his or her remuneration for the benefit of his or her creditors.
(3) A person ceases to be a member of the judge advocates’ panel if the person ceases to be:
(a) enrolled as a legal practitioner; or
(b) an officer (within the meaning of subsection 3(1)).
196AB Resignation
(1) An officer who is a member of the judge advocates’ panel may resign his or her appointment by giving the Chief of the Defence Force or a service chief (whoever made the appointment of the officer to be a member of the judge advocates’ panel under subsection 196(2)) a written resignation.
(2) The resignation takes effect on the day it is received by the Chief of the Defence Force or the service chief or, if a later day is specified in the resignation, on that later day.