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Military Law in Australia

Military Law in Australia

By Robin Creyke, Dale Stephens and Peter Sutherland

Military Law in Australia covers contemporary legal practice in a military context. It is written by a stable of experts drawn from the profession, including a judicial officer, barristers, legal practitioners within Defence, legal academics, and public lawyers in government and the private sector. This is the first comprehensive book on military law in Australia for nearly a century, filling a hitherto neglected area of jurisprudence.

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  • Full description

    Military Law in Australia covers contemporary legal practice in a military context. It is written by a stable of experts drawn from the profession, including a judicial officer, barristers, legal practitioners within Defence, legal academics, and public lawyers in government and the private sector. This is the first comprehensive book on military law in Australia for nearly a century, filling a hitherto neglected area of jurisprudence.

    The chapters cover all areas of law which have a special impact on the Australian Defence Force (ADF). These include the history of Australia’s military operations, the development of the military justice system, particularly its constitutional foundation, and the key operational areas involving criminal, administrative, and international law including cyber law and outer space.

    Of particular relevance to serving members are those aspects of the book which deal with personnel matters for ADF members and their families, such as housing, health and welfare, superannuation, compensation and transition from the ADF, as well as defence awards, funeral assistance, and the rules concerning members’ ability to stand for Parliament.

    For too long, the rules concerning the military in Australia have not readily been accessible, even by Commanders and practitioners. This work fills that gap in Australia’s knowledge of the operations of a long-standing and increasingly important arm of their government.

  • About the author

    Robin Creyke AO is an Emeritus Professor at The Australian National University. She is a sessional senior member of the ACT Civil and Administrative Tribunal, a member of the Superannuation Complaints Tribunal, Chair of the National Customs Brokers Licensing Advisory Committee and an Independent Reviewer for the Advertising Standards Board. Her expertise in veterans' law originated when in 1985 she was appointed veterans' affairs editor of Administrative Law Decisions, a position she still holds. Robin has been Director of the ANU Australian Centre for Military Law and Justice, Integrity Adviser to the Australian Tax Office, a member of the Administrative Review Council and a Senior Member of the Administrative Appeals Tribunal. Robin is a member of the National Executive of the Australian Institute of Administrative Law and a member of the Administrative Law Committee of the Law Council of Australia. In 2018 Professor Robin Creyke AO was made an officer in the General Division of the Order of Australia for distinguished service to administrative law, and to education, as an academic and author, to public administration and tribunal practice, and to professional bodies.

    Dale Stephens CSM is a Professor at The University of Adelaide Law School. In 1989, he was admitted as a legal practitioner to the Supreme Court of South Australia. That same year he also joined the Royal Australian Navy. His operational deployments include multiple tours of East Timor and Iraq. He has been awarded the Conspicuous Service Medal, the (US) Bronze Star and the (US) Meritorious Service Medal. He attained the rank of Captain in the Navy and transferred to the Naval Reserve in 2013. In 2004 - 2005 Professor Stephens taught at the U.S. Naval War College in Newport, Rhode Island. In 2010 he was seconded to the Department of Prime Minister and Cabinet as a senior advisor on Afghanistan. During his ADF service, he has occupied numerous positions including Director of Navy Legal Services, Director of Operations and International Law and Fleet Legal Officer. Professor Stephens is currently Director of the Adelaide University Research Unit on Military Law and Ethics, Chair of the SA Red Cross IHL Committee and Head of the SA/NT Navy Legal Reserve Panel. He is also on the Board of Directors (and a core participating expert) of ‘The Woomera Manual on the International Law of Military Space Operations’.

    Peter Sutherland is Convenor of the Legal Aid Clinic, a clinical legal education program for the ANU School of Legal Practice based at Legal Aid ACT and is Director of SoftLaw Community Projects in Canberra. He is admitted as a legal practitioner in the ACT, NT and Queensland. He is the author of the book series Social Security and Family Assistance Law (with Allan Anforth), Veterans’ Entitlements and Military Compensation Law (with Robin Creyke) and Annotated Safety, Rehabilitation and Compensation Act 1988, each published by The Federation Press. Peter is a sessional Senior Member of the ACT Civil and Administrative Tribunal, with operational responsibility for the Tribunal’s energy and water ombudsman function. Peter is Treasurer of the Australian Institute of Administrative Law, Treasurer of ECHO Cooperative Housing Association and Public Officer of the Australian Council for Social Service.

  • Product details

    ISBN: 9781760022105

    Published: 2019

    Format: Softcover

  • Table of contents

    Notes on Editors and Contributors 
    Acknowledgments 
    Acronyms and Abbreviations 
    Table of Cases 
    Table of Legislation 
    Table of International Conventions and Other International Materials

    PART I: HISTORY

    1. History of the ADF in War and Peace 
                   Professor John Tarrant
    2. History of the ADF Military Law System 
                   Wing Commander Angeline Lewis

    PART II: AUSTRALIAN DEFENCE FORCE

    3. Structure of the Australian Defence Force 
                   Associate Professor Cameron Moore 
    4. The Military Law System 
                   Associate Professor David Letts and Professor Rob McLaughlin
    5. The Defence Portfolio 
                   Peter Sutherland

    PART III: DOMESTIC MILITARY LAW

    6. Military Justice and the Constitution 
                   Professor James Stellios
    7. Military Law and Executive Power 
                   Associate Professor Cameron Moore 
    8. Military Discipline Law 
                   The Honourable Richard Tracey 
    9. Military Administrative Law 
                   Associate Professor Judith Bannister
    10. Intersection of Military Law and Civil Law 
                   Associate Professor David Letts and Professor Rob McLaughlin
    11. Military Aid to the Civil Power 
                   Associate Professor David Letts and Professor Rob McLaughlin
    12. ADF Powers to Arrest, Detain and Remove Civilians 
                   Professor John Tarrant and Christopher Minus

    PART IV: OPERATIONS LAW

    13. Introduction to Part IV: Operations Law 
                   Professor Dale Stephens
    14. Domestic Legal Framework for Operations 
                   Colonel Penny Saultry and Lieutenant Colonel Damian Copeland
    15. Detention in Military Operations 
                   Professor Bruce Oswald
    16. International Criminal Law and the ADF 
                   Professor Dale Stephens and Mark Giddings
    17. Organised Armed Groups and Direct Participation in Hostilities 
                   Professor Rob McLaughlin 
    18. Maritime Operations under the Maritime Powers Act 2013 (Cth) 
                   Commander Sophia White
    19. Emerging Technologies and Areas of Operation in Cyber and Outer Space 
                   Professor Dale Stephens and Associate Professor Emily Crawford
    20. Relationship of Military Administrative and Discipline Law to Operations 
                   Captain Darryn Mullins RAN

    PART V: MILITARY PERSONNEL LAW

    21. Introduction to Part V: Military Personnel Law 
                   Peter Sutherland and Wing Commander Angeline Lewis
    22. Recruitment, Promotion, Discharge and Remuneration 
                   Wing Commander Angeline Lewis
    23. ADF Health, Rehabilitation and Transition Services 
                   Emeritus Professor Robin Creyke and Peter Sutherland 
    24. Work Health and Safety in a Defence Context 
                   Dr Colette Langos
    25. Military Compensation, Superannuation and Insurance 
                   Peter Sutherland and Emeritus Professor Robin Creyke
    26. Other Legal Issues 
                             Alcohol, tobacco and other drugs  Wing Commander Angeline Lewis 
                             Defence housing  Emeritus Professor Robin Creyke 
                             Funeral arrangements  Emeritus Professor Robin Creyke 
                             Recognition, commemoration and war graves  Bruce Topperwien 
                             Regulation of defence emblems and titles  Wing Commander Angeline Lewis 
                             Reserve service in the ADF  Emeritus Professor Robin Creyke and Peter Sutherland 
                             Wills and powers of attorney  Emeritus Professor Robin Creyke

    Bibliography
    Index

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