Defence Force Discipline Appeals Regulation 2016

The regulation organises the appellate process through a small set of recurring concepts: time limits; prescribed lodgement channels; transfer and custody of records; Tribunal-administered legal aid with Commonwealth-funded representation where approved; registry functions; procedural notifications; custody and escort arrangements for detained appellants; and defined fees for witnesses and document copies.

Definitions: The regulation defines several operative terms that determine who performs and receives functions. “Act” refers to the Defence Force Discipline Appeals Act 1955; “Deputy Registrar” refers to an appointee under s 19(2) of the Act; “Registrar” is the Tribunal’s Registrar but excludes a Deputy Registrar (s 5). The instrument adopts the Defence Force Discipline Act 1982’s concept of “detention centre” by cross-reference (s 5). It also provides an operational definition of “naval vessel” that includes warships and certain government non‑commercial auxiliaries, specifying four criteria for the former and a separate limb for the latter (s 5).

Time and lodgement: The principal timing rule is a 10‑day appeal period after notification from a single member’s decision (s 6). For lodgement, the regulation prescribes both civilian and military custody officials as acceptable recipients of appeals or leave applications (s 7(1)(a)-(f)) and requires those recipients to forward lodgements to the Registrar (s 7(2)). This creates an alternate routing channel for appellants who are in custodial or service contexts.

Documentary flow and records: The Registrar of Military Justice must provide records of court-martial or Defence Force magistrate proceedings and related documents to the Tribunal when requested by the Registrar, and the Registrar must return materials when no longer needed (s 8(1)-(2)). The Tribunal must prepare a written statement of decisions on law, appeals or applications and provide copies to the Registrar, who must pass the statement and the Tribunal’s orders to the Registrar of Military Justice (s 18(1)-(3)).

Legal aid and representation: The Tribunal may approve legal aid where it is satisfied, on an application accompanied by a statutory declaration of means, that the appellant lacks means and that aid appears desirable in the interests of justice (s 9(1)-(4)). If approved, the Attorney‑General may arrange legal practitioners to represent the appellant and the Commonwealth pays fees and disbursements as determined by the Attorney‑General (s 9(5)-(6)).

Custody and presence: For appellants in custody, the Registrar must issue a certificate stating entitlement to be present and hearing details; the custodian must ensure attendance and continuous presence during the hearing and must ensure the appellant is under guard during travel and, unless the Tribunal orders otherwise, during the hearing (s 12(1)-(3)).

Registry and administration: The instrument establishes a Registry, locates it at the President’s direction, and sets the Registrar’s custody and record-keeping responsibilities (s 13). It prescribes notification duties for hearings (s 14) and a mechanism for the assistant Registrar to act when the Registrar is unavailable, with identification rules for the assistant where there are multiple Deputy Registrars (s 15). The instrument references s 33A of the Acts Interpretation Act 1901 for rules about acting officers.

Fees and allowances: Witness allowances for non‑Defence Force witnesses are payable under the Public Works Committee Regulation 2016 scale “as the Registrar thinks fit” (s 16). Fees for supply of copies by the Registrar are fixed: up to 50 pages $12; over 50 pages $12 plus $0.10 per page above 50 (s 17).

Transitional arrangements: The instrument expressly preserves the application of the old Defence Force Discipline Appeals Regulations 1957 to appeals made before commencement but not determined by commencement day (s 20), continues documents in the old registry as held under s 13 (s 21), and provides that things done under the old law that could be done under the new instrument remain effective as if done under the new instrument (s 22).

These main concepts show that the regulation focuses on the administrative and procedural plumbing of the appellate process rather than on substantive appellate law.

The instrument specifies the bodies, office-holders, appellants and custodians to which procedural duties and rights attach.

Primary affected persons and entities:

• Appellants to the Defence Force Discipline Appeals Tribunal, including those convicted by court martial or Defence Force magistrate, and those seeking leave to appeal (throughout Part 2, eg s 6, s 9).
• The Registrar of the Tribunal and any Deputy Registrars, who are given custody, administrative duties and discretion in several provisions (ss 5, 7(2), 13(3)-(4), 14, 16, 18).
• The Registrar of Military Justice, who must provide court-martial and Defence Force magistrate records to the Tribunal upon the Registrar’s request and receive Tribunal statements and orders (ss 5, 8, 18(3)).
• Designated custodial and command officers who serve as prescribed lodgement points and who have duties to forward lodgements: Deputy Registrars, the Registrar of Military Justice, officers commanding bodies, contingents or detachments where the appellant is in custody on board a non-naval ship, officers in charge of detention centres, governors of civil prisons in Australia, and, where none of these apply, the officer commanding any Defence Force unit (s 7(1)(a)-(f)).
• Custodians of appellants in custody, who must ensure attendance, continuous presence at hearings and guard arrangements during travel and, unless ordered otherwise, during presence at the hearing (s 12(1)-(3)).
• The Chief of the Defence Force or the relevant service chief, who is to be notified of hearing details to undertake the defence of the appeal (s 14(b)).
• Legal practitioners proposed to represent appellants under court-approved legal aid, and the Attorney‑General who arranges representation and fixes fees (s 9(5)-(6)).
• Witnesses who are not Defence Force members, for whom allowances are payable under the Public Works Committee Regulation 2016 scale as permitted by the Registrar (s 16).

Secondary practical impacts:

• The Commonwealth as the payer of legal practitioner fees where legal aid is approved (s 9(6)), and as the creditor for cost orders enforceable by recovery in court as debt (s 11(a)).
• Defence Force members who are appellants subject to possible deductions from pay and allowances to satisfy cost orders made under the Act (s 11(b)).
• Registries of courts or records offices that hold court-martial materials, due to the Registrar’s request and document transfer obligations (s 8(1)).

Who decides and who acts: The Tribunal makes decisions and prepares written statements; the Registrar handles registry, notifications and transmission of documents; the Registrar of Military Justice cooperates in supplying court-martial records; the Attorney‑General arranges Commonwealth-funded legal representation where the Tribunal has approved legal aid (ss 8, 9, 13, 18).

Practical consequences for specific groups:

• Appellants in custody face specific operational constraints: they must be certified as entitled to be present (s 12(1)); custodians must ensure attendance and guard arrangements during transit and, unless the Tribunal orders otherwise, during the hearing (s 12(2)-(3)). The obligation applies to custodians whether they are military commanding officers, detention centre officers, or prison governors where the appellant is confined in a civil prison in Australia (s 7(1)(c)-(e), s 12).
• Appellants seeking legal aid must lodge an application within 14 days (or longer with leave) of lodgement of the appeal, and must accompany the application with a statutory declaration of financial means (s 9(2)-(3)). This creates procedural entry conditions for access to Commonwealth-funded representation.

The instrument therefore affects a narrow, defined set of litigants, tribunal officers and custodial authorities, allocating specific administrative responsibilities and financial consequences among them.

This regulation converts statutory powers into concrete duties and procedural rights. The text sets out who must do what, within what timeframes, and with what documentary or financial consequences.

Appellants’ rights and duties:

• Right to appeal a single-member decision within 10 days of notification (s 6). The appeal period is expressed as “the period of 10 days from the day on which the person is notified of the decision” (s 6).
• Right to apply to the Tribunal for approval of legal aid, within 14 days of lodging the appeal or such longer period as the Tribunal allows (s 9(1)-(2)). The application must be accompanied by a statutory declaration detailing means (s 9(3)).
• Right to withdraw an application for leave to appeal or discontinue an appeal by written notice to the Registrar at any time before the hearing commences (s 10).

Registrar’s duties and discretions:

• Duty to receive and keep custody of Tribunal records and documents lodged with the Registrar or Deputy Registrar (s 13(3)).
• Duty to keep proper records of proceedings and documents in custody (s 13(4)).
• Duty to give written notice of hearing time, date and place as soon as practicable to the appellant or representing legal practitioner, to the CDF or service chief responsible for the defence of the appeal, and to the Registrar of Military Justice (s 14).
• Duty to forward appeals or leave applications lodged with prescribed persons to the Registrar (s 7(2)).
• Discretion to allow fees and travelling expenses to witnesses (other than Defence Force members) in accordance with the scale in Part 4 of the Public Works Committee Regulation 2016 “as the Registrar thinks fit” (s 16). The phrase “thinks fit” indicates a discretionary allowance within the prescribed scale.
• Duty to handle the post-decision process: receive the Tribunal’s written statement and to give the Registrar of Military Justice copies of the statement and Tribunal orders as soon as practicable (s 18(1)-(3)).

Registrar of Military Justice duties:

• Duty to provide, when requested by the Registrar, records of court-martial or Defence Force magistrate proceedings, records of any review with respect to those proceedings, and copies of documents that were before the court martial, Defence Force magistrate or reviewing authority (s 8(1)(a)-(c)).
• Duty to accept return of records or documents when they are no longer required for the appeal or application (s 8(2)).

Custodian duties for appellants in custody:

• Duty to accept a Registrar-signed certificate stating entitlement to be present at the hearing and specifying place and times (s 12(1)(a)-(b)).
• Duty to ensure the appellant is taken to the specified place at the specified times and remains present throughout the hearing (s 12(2)(a)-(b)).
• Duty to ensure that the appellant is under guard during travel to and from the place and, unless the Tribunal orders otherwise, during the time the appellant is present at the place (s 12(3)(a)-(b)).

Legal aid approval conditions and executory rights:

• The Tribunal may approve legal aid if satisfied that the appellant has insufficient means to prosecute the appeal and that legal aid appears desirable in the interests of justice (s 9(4)(a)-(b)). That framing sets a two‑part threshold: means and the interests of justice.
• If the Tribunal approves legal aid, the Attorney‑General may arrange legal practitioner representation and the Commonwealth must pay fees and disbursements in amounts determined by the Attorney‑General (s 9(5)-(6)). The practical effect is that the Attorney‑General controls selection and payment terms for Commonwealth‑funded representation.

Costs enforcement:

• An order under subsection 37(3) of the Act for payment of costs by an appellant can be enforced by action in a court as a debt due to the Commonwealth or by deduction from pay and allowances earned by the appellant as a member of the Defence Force (s 11(a)-(b)). These are explicit enforcement mechanisms provided by the regulation.

Registry and acting registrar:

• Registry location is at the President’s direction (s 13(2)), and the assistant Registrar (a Deputy Registrar) must act as Registrar in vacancies or periods of unavailability per the identification rules in s 15(2) and the referral to Acts Interpretation Act for acting officer rules (s 15 note).

Fees for document copies:

• The regulation fixes the fee schedule for document copies supplied by the Registrar: $12 for up to 50 pages; $12 plus $0.10 per page beyond 50 (s 17).

Transitional duties:

• The regulation preserves the operation of the old law for appeals made but not determined before commencement (s 20), treats documents kept in the old registry as kept under the new s 13 on and after commencement (s 21), and validates things done under the old law where those actions could be done under the new instrument (s 22).

Every duty and right in this instrument is confined to administrative and procedural contexts; it enumerates who must act and how records and financial arrangements are to be managed during appeals to the Tribunal.

The instrument contains limited provisions that touch on enforcement, largely in the context of cost orders and custodial attendance, rather than creating new criminal offences or administrative penalties.

Enforcement of cost orders:

• The regulation prescribes two routes for enforcing an order under s 37(3) of the Act requiring an appellant to pay costs: recovery as a debt by action in a court of competent jurisdiction (s 11(a)), and deduction from any pay and allowances earned by the appellant as a member of the Defence Force (s 11(b)). These are explicit statutory enforcement mechanisms that convert a Tribunal cost order into a civil debt collectible in court, and into an administratively enforceable deduction from Defence remuneration.

Custodial obligations and implied enforcement:

• The regulation imposes duties on custodians to ensure attendance and guarded transit for appellants in custody (s 12(2)-(3)). The text does not prescribe a penalty for failure to comply with those custodian duties within the regulation itself; however, the duties are mandatory obligations placed on persons having custody, and failure to perform them could engage other statutory or administrative consequences outside the instrument, though the instrument does not create or enumerate those consequences.

Fees and payment:

• The regulation fixes fees for supplying copies of documentary material to appellants (s 17). It does not specify penalties for non-payment; instead the requirement to pay a fee is stated. The regulatory text does not provide a direct enforcement mechanism for unpaid copying fees; general public sector debt recovery mechanisms may apply outside this regulation.

Discretion and litigation risk:

• The Attorney‑General’s determination of fees and disbursements for legal practitioners engaged under Tribunal-approved legal aid (s 9(6)) is payable by the Commonwealth. The regulation prescribes payment but does not create penalty provisions related to disputes over the amount; such disputes would proceed under standard Commonwealth payment and contractual mechanisms rather than by instrument-specific sanctions.

Witness allowances:

• For witnesses (other than Defence Force members), the Registrar may allow fees and travelling expenses “as the Registrar thinks fit” within the scale in the Public Works Committee Regulation 2016 (s 16). The regulation does not specify enforcement for non-payment; entitlement and payment are administrative functions.

Transitional savings:

• Transitional provisions preserve the effect of things done under the old law where they could be done under the new instrument (s 22) and preserve the continued application of the old law to pending appeals (s 20). They do not themselves create enforcement obligations or penalties but avoid retroactive invalidation of acts under the old regulations.

Limitations of enforcement in the instrument:

• The instrument does not create additional offences or civil penalties beyond the cost enforcement mechanisms in s 11, and does not provide bespoke administrative penalty regimes or infringement notices. It relies on standard civil recovery, payroll deduction, and administrative discretion for operational compliance.

In short, the regulation provides concrete enforcement avenues primarily for Tribunal-ordered costs, and sets mandatory custodial duties concerning presence and escort of appellants in custody. It leaves most other compliance and payment matters to ordinary administrative or legal processes rather than to bespoke penal provisions within the regulation.

This regulation operates as a subordinate instrument under the Defence Force Discipline Appeals Act 1955 (s 3). Its text explicitly cross-references and depends on several other statutory instruments and laws.

Primary statutory interactions:

• Defence Force Discipline Appeals Act 1955: The instrument is made under the Act (s 3) and fills in procedural detail for appeals under the Act, including specifying the period for appeal from a single-member decision (s 6) “for the purposes of subsection 17(2) of the Act” and prescribing persons for lodging appeals “for the purposes of paragraph 21(1)(b) of the Act” (s 7(1)). Enforcement of costs under s 11 refers to an order under subsection 37(3) of the Act.
• Defence Force Discipline Act 1982: The regulation adopts by reference the term “detention centre” as defined in that Act (s 5). It also uses the concept of Registrar of Military Justice appointed under s 188FB of the Defence Force Discipline Act 1982 (s 5), and requires that Registrar to provide records on request (s 8). The substantive procedures and offences in the 1982 Act are outside this regulation’s scope but are implicated through documentary transfers and custody definitions.

Other regulatory instruments:

• Public Works Committee Regulation 2016: Witness allowances for non-Defence Force witnesses are to be allowed “in accordance with the scale in Part 4 of the Public Works Committee Regulation 2016” and “as the Registrar thinks fit” (s 16). The instrument thus depends on that Regulation to set the monetary scale and on the Registrar’s discretion to apply it.
• Acts Interpretation Act 1901: The instrument notes that acting Registrar provisions are subject to rules in s 33A of the Acts Interpretation Act 1901 (s 15 note), meaning ordinary Commonwealth rules about acting officers and the construction of instruments apply.

Transitional and repealing interaction:

• The instrument repeals the old Defence Force Discipline Appeals Regulations 1957 by Schedule 1 (explicitly referenced in s 20(2)) and provides that appeals or applications made under the old law but not determined by commencement remain governed by the old law (s 20). Documents kept under the old law’s registry are taken to be kept under the new s 13 (s 21). It also validates things done under the old law that could be accomplished under the new instrument (s 22).

Administrative interactions:

• The Attorney‑General’s role under the legal aid provisions interacts with Commonwealth payment and legal engagement practices. If the Tribunal approves legal aid, the Attorney‑General may arrange legal practitioners to represent the appellant and the Commonwealth must pay fees and disbursements determined by the Attorney‑General (s 9(5)-(6)). This creates a procedural link between the Tribunal’s approval process and the Attorney‑General’s procurement or legal-engagement authority.
• The regulation’s enforcement mechanism that permits deduction from pay and allowances (s 11(b)) interacts with Defence payroll and remuneration rules and mechanisms for administratively effecting deductions from service pay.

Limitations on the regulation’s scope and interaction:

• The regulation does not attempt to modify substantive provisions of the Act or the Defence Force Discipline Act 1982; it supplies administrative procedure and specific mechanistic detail for the Tribunal and registry operations.
• Where the instrument is silent about substantive law, normal interaction and primacy rules apply: the Act governs substantive rights and remedies, and the regulation supplies procedural detail authorised by the Act.

In practice, lawyers and administrators must consider the instrument together with the parent Act, the Defence Force Discipline Act 1982 (for definitions and Registrar of Military Justice arrangements), the Public Works Committee Regulation 2016 (for witness fee scales), and general Commonwealth administrative law and payment rules (for legal practitioner fees and collection of debts).

The instrument contains its own transitional and saving provisions that describe the relationship to the predecessor instrument and the status of pre-commencement matters, but the text provided does not record any amending instruments or subsequent modifications beyond its own commencement and repeal of the prior regulation.

What the instrument itself records:

• It defines “commencement day” and “old law” for transitional purposes (s 19).
• It expressly notes that Schedule 1 to this instrument effects the repeal of the Defence Force Discipline Appeals Regulations 1957 and preserves the operation of that old law in relation to appeals or applications made but not determined before commencement (s 20(1)-(2)). The form of s 20(2) , “Despite the repeal of the old law by Schedule 1 to this instrument” , demonstrates that the instrument contains a Schedule effecting repeal of the predecessor instrument, and that the regulation itself provides transitional continuity.
• It carries forward registry documents kept under the old law into the new Registry from commencement (s 21).
• It validates things done under the old law that could be done under the new instrument, including notices, applications and other instruments, by providing that those things have effect as if done under the new instrument (s 22(1)-(2)).

What is not in the instrument text provided:

• There is no internal schedule listing amendments after 2016, nor are there notes indicating subsequent remakes, disallowances, or omnibus amendments. The provided text does not include dates of commencement beyond the definition “commencement day”, and does not list amendment instruments or dates.
• The instrument does not include any legislative history or explanatory memorandum within the supplied text; therefore any later amendments, repeals or variations must be checked against the Federal Register of Legislation or other official legislative history sources outside this instrument.

Practical implication for users:

• The transitional provisions (ss 20-22) are the only explicit historical or amendment-related content in the text provided; they ensure continuity from the 1957 regulations to the 2016 instrument for in-flight matters and document continuity.
• For a complete amendment history , including any changes after the instrument’s commencement , practitioners must consult the consolidated version of the instrument on the official legislation register or the instrument’s Gazette notice and Schedule 1 (which effected repeal of the 1957 Regulations). The regulation text itself does not supply post‑commencement amendment entries.

In short, the instrument documents the 2016 regulatory replacement of the 1957 Regulations and provides transitional saving provisions, but the provided text does not include any later amendment history.

The text of this regulation does not record any cases, judicial interpretations, or litigation history. It contains no references to court decisions, and names no cases. The instrument simply prescribes procedural, administrative and financial details for appeals under the Defence Force Discipline Appeals Act 1955.

What the instrument shows about litigation context:

• The regulation does not alter substantive appellate law; it sets procedural mechanisms that will be engaged in litigation or appellate proceedings before the Defence Force Discipline Appeals Tribunal. The Tribunal’s decisions, cost orders and appeals will generate litigation records and potential judicial review challenges to administrative acts, but the instrument contains no retrospective record of such disputes.
• The regulation expressly provides enforcement routes for cost orders, including recovery as a debt or deduction from Defence pay and allowances (s 11), which creates a civil enforcement mechanism that could be the subject of future litigation (for example, disputes about the correctness of cost orders or their enforcement), but the regulation itself contains no litigation examples.

What practitioners should do to obtain litigation authority:

• To locate any judicial treatment of these regulatory provisions or of the Tribunal’s procedures under the Act, practitioners must consult case law databases, Tribunal decisions, and published judgments that post‑date the instrument’s commencement. The instrument provides the procedural framework used in appeals and so may be referenced in Tribunal reasons or judicial review proceedings, but the regulation text alone does not provide precedential content.

In short, there is no litigation history recited in the instrument text supplied. Any litigation history related to these provisions must be sought outside the instrument, in judicial or Tribunal records.

This instrument contains several procedural specifics that can create practical traps if overlooked. The following are concrete risks and points to watch, grounded in the regulation text.

Short appeal period from single-member decisions:

• The period for appealing a single member’s decision to the Tribunal is 10 days from the day on which the person is notified of the decision (s 6). Practitioners must calendar this short deadline precisely; the regulation defines the period from notification rather than from posting or service in other forms. Missing that 10-day window may foreclose the appeal path provided by s 17(2) of the Act.

Restricted, prescribed lodgement points:

• Appeals and applications for leave to appeal may be lodged with specified persons (s 7(1)(a)-(f)), including Deputy Registrars, the Registrar of Military Justice, relevant commanding officers, detention centre officers and prison governors. If an appellant is in a context not covered by these paragraphs and lodges with an improper person, compliance risks arise. However, the regulation mitigates this by requiring those prescribed persons who receive lodgements to forward them to the Registrar (s 7(2)). Practitioners should ensure appeals are lodged with a prescribed person or directly with the Registrar to avoid procedural uncertainty.

Legal aid time limit and documentary requirement:

• An application for Tribunal approval of legal aid must be made within 14 days of lodging the appeal or application for leave, unless the Tribunal allows a longer period (s 9(2)). The application must be accompanied by a statutory declaration setting out information necessary for determining means (s 9(3)). Failure to provide a timely, properly sworn statutory declaration may lead to refusal for want of jurisdictional or discretionary basis to approve aid.

Attorney‑General control over Commonwealth-funded representation:

• If the Tribunal approves legal aid, the Attorney‑General “may arrange” for legal practitioners to represent the appellant and the Commonwealth must pay fees determined by the Attorney‑General (s 9(5)-(6)). The arrangement is at the Attorney‑General’s discretion and the fee quantum is determined administratively; there is no automatic entitlement to a particular counsel or scale. Practitioners should not assume entitlement to particular counsel or to standard legal aid schedules from other jurisdictions.

Custody and guard requirements:

• For appellants in custody, a Registrar-signed certificate stating entitlement and hearing details must be furnished to the person having custody (s 12(1)). The custodian must ensure the appellant is taken to specified place and times and remains present throughout the hearing (s 12(2)), and must ensure the appellant is under guard during travel and, unless the Tribunal otherwise orders, during presence at the place (s 12(3)). Failure of custodians to comply may impede attendance; conversely, appellants should ensure custodians receive the certificate in good time.

Document transfer dependencies:

• The Registrar of Military Justice must provide records of court-martial or Defence Force magistrate proceedings and copies of documents to the Tribunal on request (s 8(1)). This flow depends on timely requests and cooperation by the Registrar of Military Justice. Delays in making or fulfilling requests could impede hearing preparation. The regulation requires return of documents when they are no longer required (s 8(2)), so parties should track custody of original materials and seek directions if originals are needed later.

Witness fees and discretion:

• Allowance amounts for non‑Defence witnesses are tied to the Public Works Committee Regulation 2016 scale and are payable “as the Registrar thinks fit” (s 16). This confers discretion and may produce variable payments; practitioners should not assume fixed entitlements beyond the scale and should raise fee issues early with the Registrar.

Copying fees are fixed and modest:

• The regulation fixes a fee schedule for copies (s 17): $12 for documents up to 50 pages and $12 plus $0.10 per page thereafter. Appellants should budget for these charges and confirm who pays,appellants are charged by the Registrar for supplied copies.

Transitional continuity obligations:

• Appeals made under the old 1957 Regulations but not determined before commencement remain governed by the old law (s 20(1)-(2)). Practitioners handling pre-commencement matters should identify whether the old or new procedural regime applies, as different rules may govern pending matters.

Enforcement of costs via pay deduction:

• A cost order under the Act may be enforced by deduction from the appellant’s Defence pay and allowances (s 11(b)). Appellants who are serving members should be aware that financial exposure can be enforced administratively against remuneration.

Acting Registrar identification:

• The assistant Registrar acts as Registrar in vacancy or absence and is identified by rules where there is one or more Deputy Registrars (s 15(1)-(2)), with a note applying s 33A of the Acts Interpretation Act 1901. Practitioners should not assume automatic availability of the Registrar; check who is acting in the office when lodging documents or seeking directions.

These are procedural “gotchas” that can have practical effects on rights, timing, representation and document handling. All are derived from the specified provisions in the regulation text.

This section gives concrete, source-grounded steps and checklists for appellants, custodians, legal practitioners and Registry staff to ensure compliance with the regulation’s requirements. Each step references the relevant regulation provision.

For appellants and their counsel

• Monitor notification dates carefully and calendar deadlines. If appealing a decision of a single member, lodge the appeal within 10 days of notification (s 6). Confirm the date the appellant was notified; the 10‑day clock runs from that day.
• If the appellant is in custody, ensure the Registrar issues the entitlement certificate and that the custodian receives it (s 12(1)). Follow up with custodial authority to confirm arrangements for transport, guard, and continued presence during the hearing (s 12(2)-(3)).
• If seeking Tribunal approval for legal aid, apply within 14 days of lodging the appeal or seek a Tribunal extension before the 14 days expire (s 9(2)). Prepare and file a statutory declaration detailing financial means and any supporting particulars needed for the Tribunal to be satisfied the appellant lacks sufficient means (s 9(3)-(4)(a)). Address both elements of the Tribunal’s threshold: insufficient means and desirability in the interests of justice (s 9(4)(a)-(b)).
• If legal aid is approved, be ready for the Attorney‑General to arrange representation and determine fees; clients should not assume selection or fee rates beyond that administrative process (s 9(5)-(6)).
• Before the hearing, request copies of relevant documents early from the Registrar and be prepared to pay copying fees per the fixed schedule (s 17). For documents up to 50 pages, budget $12; for documents over 50 pages, budget $12 plus $0.10 for each page over 50.
• If intending to discontinue or withdraw a leave application, serve written notice on the Registrar before the hearing begins (s 10).

For custodians (officers commanding, detention centre officers, prison Governors)

• When presented with a Registrar-signed certificate stating the appellant’s entitlement to be present and hearing details, ensure prompt compliance to take the appellant to the specified place at the specified times and maintain the appellant’s presence during the hearing (s 12(1)-(2)).
• Ensure the appellant is under guard during travel to and from the hearing location and, unless the Tribunal orders otherwise, during the time the appellant is present at the hearing (s 12(3)(a)-(b)). Where transport logistics or security concerns arise, seek directions from the Registrar or the Tribunal in advance.

For persons with authority to receive lodgements (Deputy Registrar, Registrar of Military Justice, commanding officers, detention centre officers, prison governors)

• If an appeal or application for leave to appeal is lodged with you, forward it to the Registrar without delay (s 7(2)). Confirm the Registrar’s receipt to the appellant or representative where possible.

For the Registrar and Registry staff

• Establish and maintain the Registry at the location directed by the President (s 13(2)). Keep custody of Tribunal records and documents lodged with the Registrar or Deputy Registrar, and keep proper records of proceedings and documents in custody (s 13(3)-(4)).
• When a time, date and place for a hearing is fixed, provide written notice as soon as practicable to: the appellant or their legal practitioner, the Chief of the Defence Force or relevant service chief, and the Registrar of Military Justice (s 14).
• When the Registrar requests records from the Registrar of Military Justice, submit the request promptly and manage the receipt and return of materials in accordance with ss 8(1)-(2). Track when documents are “no longer required” so they can be returned as required.
• Apply the scale in Part 4 of the Public Works Committee Regulation 2016 when allowing witness fees and travel expenses to non‑Defence witnesses, exercising discretion “as the Registrar thinks fit” and documenting reasons for allowances (s 16).
• Charge for supplied copies according to the prescribed fee schedule (s 17) and ensure fee collection procedures are compliant with Commonwealth financial management rules.
• After decisions are made, prepare the Tribunal’s written statement on matters of law, appeals or applications and provide copies to the Registrar of Military Justice along with the Tribunal’s orders as soon as practicable (s 18(1)-(3)).

For the Registrar of Military Justice

• On receiving a request from the Tribunal’s Registrar, provide records of court-martial or Defence Force magistrate proceedings, records of reviews and copies of documents that were before the court or reviewing authority (s 8(1)(a)-(c)). Arrange secure transfer and maintain chain-of-custody records; accept return of originals when no longer required (s 8(2)).

For the Attorney‑General’s office and legal procurement

• Where the Tribunal approves legal aid, arrange for legal practitioners to represent the appellant and determine fees and disbursements payable by the Commonwealth (s 9(5)-(6)). Ensure procurement and payment arrangements accord with this statutory authority.

Other compliance notes

• Be alert to transitional rules: appeals made before commencement but not determined remain governed by the old law (s 20). Identify applicable procedural regime for pre‑commencement matters.
• Cost orders may be enforced by court action as a debt or by deduction from Defence pay and allowances (s 11). Appellants should be aware of financial exposure and consult counsel about contesting cost orders through the Tribunal or through ordinary legal remedies.

This checklist tracks the regulation’s prescribed steps and timing obligations and assigns responsibilities to the specific actors named in the instrument. Compliance requires coordination among appellants, custodians, Registry staff, the Registrar of Military Justice and the Attorney‑General’s office.