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Military Law

The Australian Military Law emphasizes the legitimate structures that govern all military personnel.

It primarily covers aspects such as -

  • Code of conduct during training and performing active duty
  • Safeguarding military spouses and other service members 
  • Re-entry into the mundane civilization whenever tour of duty gets over  
  • And the acceptable course of action when faced with a severe national threat and going into war.

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What Is Military Law?

The term 'military law' denotes a lawful authority that governs how the Australian armed force members may behave in various situations. It is similar to the other forms of law subjected to periodic changes. 

This field entails the Australian government's official acts and several other unsanctioned writings on the hypothetical military law application and how it may be reformed with time.

This generic term incorporates functions like:

  • Disciplining the Australian Defence Force
  • Aiming to determine facts concerning ADF command and operations
  • Administrative support to upkeep crucial ADF policy
  • And provisions for reviewing and managing complaints

The Australian Military Law system is pivotal for effective ADF operations and adheres to the Commonwealth Laws. This military law justice system applies to the defense force members of all ranks. They must abide by the same laws as all other Australian civilians. 

Military law is an important facet that most colleges and universities want their respective students to know. As a means to means to make the research and learn about Military law in Australia (or in any other place), they allocate them assignments in the form of research papers, dissertations, case studies, and so on.

Some of the common assignment topics students have to cover include as following:

  • The history of Military laws (Down-Under)
  • About essential terms to know about the Defence Judicial system in Australia
  • Established theories in various fields of Australian military law along with its practices 
  • A detailed outline of Australian Military law discipline
  • Comprehensive coverage of Military administrative law 
  • A clear explanation of Military Operations law 
  • Understanding of Australian National security law 
  • The Call-out powers and authority of ADF

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What Are the Different Types of Military Law?

The various types of Military Laws in Australia include the following provisions. 

  • 1901 - Federation of Australia and creation of Australian laws;1903 - Defence Act 1903;
  • 1904 - Australian Military Regulations and Orders (AMR&O);
  • 1941 - Manual of Military Law 1941 - Australian Edition;
  • 1964 - Army Law Manual (ALMs) Volumes 1 and 2; and
  • 1982 - Defence Force Discipline Act (DFDA) commenced operation in July 1985.

Furthermore, the Military Laws governing Australia (Down-Under) also cover 4 crucial components of its existing Defence Justice System.

They classify as follows:

  • Discipline system

It was 1st introduced in 1982 by the Federal government and addressed as (DFDA) or the Defence Force Discipline Act 1982. It was considered to be a part of the commonwealth law. After 3 years, in 1985, this law became effective, and every member of the ADF had to be subject to it.  

The whole purpose of the DFDA is to uphold and enforce stern military discipline. This disciplinary system proved vital for regulating ADF operations and dealing with offenses that may influence military disciplines. Moreover, this law also covers the investigation process of suspected officers, the choice of the penalty, and the conduct of reasonable and fair trials.

  • Administrative inquiries: 

The defense regulation act of 2018 pertains to all those inquiries for or relating to existing concerns of the Defence Force in Australia (Down-Under). Moreover, investigations performed under this regulation act were primarily to help get command/authority in the effective functioning of the Australian Defence Forces. 

The law offers provision for 2 inquiry formats. They are:

  • Commission of Inquiry
  • And Inquiry Officer Inquiries

Of course, the regulations replaced the age-old 1985 Defence Inquiry Regulations that permitted 5 inquiry forms. 

They include as follows;

  1. General Courts of Inquiry
  2. Chief of the Defence Force (CDF) 
  3. Combined Boards of Inquiry
  4. Boards of Inquiry
  5. Commissions of Inquiry
  6. Inquiry Officer Inquiries
  • Adverse Administrative system:

This regulation entails professional conduct of high standards expected from every ADF individual. Therefore, according to the regulatory terms, if an ADF member's professional conduct falls short of the expected standard, then strict administrative disciplinary measures will be taken against that candidate. 

Some of those disciplinary measures are as follows:

  1. Counseling
  2. Official warnings
  3. Censures
  4. Exclusion from command
  5. Discharge from service
  • Member's legal right to complain:

This lawful regulation mainly entails the legal right to redress complaints via their commanding officer or designated chain of command. 

Examples of organizations for dealing with internal complaints cover

  • Resolutions, values and behaviors 
  • And Inspector General ADF 

Examples of external organizations dealing with complaints include:

  • Office of Federal Privacy Commissioner 
  • The Defence Force Ombudsman
  • Human Rights & Commission for Equal Rights

To be fair, this coverage itself classifies as an appropriate assignment topic for respective students learning about Military laws in Australia.

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What Is the Purpose of Military Law?

The purposes of Military laws in Australia are as follows:

  • Up-keeping proper order and discipline among the Australian defence forces 
  • Promoting efficiency and effectiveness in military establishment Down-Under 
  • And, of course, encouraging and serving appropriate justice throughout Australia whenever deemed necessary

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What Are the Examples of Military Law?

The typical examples of Military Laws are as follows:

  • Section 441 (R. 272)
  • Section 442 (R. 273)
  • Section 443 (R. 274)
  • Section 443A
  • Per the DFD Act of 1982, Section 37(1) (a, b, c) and Section 37(2)
  • Per the new criminal code amendment, Chapter 4 of DFDA Section 37(1) (a, b, c) and Section (37) (2) and Section (37) (3)

Each of these sections entails a detailed coverage and if that’s what your university assignment on Military Laws in Australia is all about, speak to assignment help writers from EAH and convey your assignment requirements.

What is The Importance of Military Law?

The Military Law system plays a crucial role throughout Australia. These lawful provisions help preserve proper discipline and guarantee optimum effectiveness among the defense forces. 

Moreover, such laws also help regulate a soldier's conduct and how it influences various aspects of their military life. 

Above all, it establishes and further reinforces the crucial rules, procedures, and structures of the Australian Defence justice system. 

These military law disciplines are levied equally for higher-ranked defense officers and lower-ranked army men serving in Australia.

This should present you with a brief idea about the importance of military laws in Australia. However, if you need to write a detailed research paper on Military laws in Australia and their nationwide importance and influence, then speak to assignment help experts from EAH today.

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