What it does
The Defence Force Discipline Regulations 2018 is a legislative instrument made under the Defence Force Discipline Act 1982. It operates as the principal subordinate legislation that translates the framework of the parent Act into operational rules for the military justice system. The Regulations perform four distinct functions. First, they establish a comprehensive regime for the administration of detention centres and the treatment of detainees. Part 2 (sections 8 through 25) creates enforceable standards for accommodation, meals, exercise, visits, letters, parcels, and work requirements within unit detention centres (maximum 7 days), area detention centres (maximum 14 days), and corrective detention centres (any period). Second, they provide a remission and early-release mechanism in Part 3 (sections 26 through 28) whereby detainees serving at least 28 days become eligible for a remission of one-quarter of their sentence, subject to reductions for custodial punishments imposed during detention. Third, they prescribe rules of evidence for courts martial and Defence Force magistrates in Part 4 (sections 29 through 36), including a detailed regime for proving the speed of conveyances through laser-based speed measuring devices that must be tested and sealed in accordance with Australian Standards AS 4691.1-2003 and AS 4691.2-2003, and a modification of the Evidence Act 1995 so that clause 1 of Part 2 of its Dictionary extends to the control, operation and administration of the Defence Force. Fourth, the Regulations set out a large number of procedural forms and administrative requirements in Part 5 (sections 37 through 53) and the Schedules: forms for oaths, cautions, certificates of speed-device testing, acknowledgements for identification parades and consent to searches, and a prescribed list of 67 locations across all states and territories where certain investigative powers under section 101F(1) of the Act may be exercised. The Regulations also repeal and replace the Defence Force Discipline Regulations 1985 in their entirety (Schedule 3), with a transitional provision at section 54 preserving things done under the old instrument. Critically, the requirements of Part 2 apply only to detention centres under the control of a part of the Defence Force on active service if, and to the extent that, the exigencies of service permit (section 8(2)). This is a significant operational flexibility that subordinates detention standards to operational necessity during active service.