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Establishment

In 1955, the Courts-Martial Appeal Tribunal was established under the Courts-Martial Appeals Act 1955. The Tribunal was later renamed the Defence Force Discipline Appeal Tribunal by the Defence Force (Miscellaneous Provisions) Act 1982. The Courts-Martial Appeals Act 1955 was also renamed to Defence Force Discipline Appeals Act 1955.

Prior to the introduction of the Tribunal in 1955 the armed forces had the ultimate review of courts-martial decisions. Internal procedures were adopted by the particular service involved (by which a decision was either confirmed or quashed). In all cases, an automatic review was made by the Judge Advocate General to ensure there was no illegality or miscarriage of justice. The service member involved could submit a petition seeking the quashing of the finding and the sentence. The petition was considered in private on written submissions only, in the absence of the service member, and no reasons needed to be provided for the decision.

The introduction of the Tribunal imposed on courts-martial similar standards of justice applicable in a court of criminal appeal.

The Defence Force Discipline Appeals Regulations prescribe some of the time limits and practices and procedures of the Tribunal, including for the granting of legal aid.

There is a Registrar of the Tribunal and such deputies of the Registrar as are required. The Registrar has custody of the records of the Tribunal and of documents lodged with him or her or a Deputy Registrar. The principal office (registry) of the Tribunal is located in Melbourne. The Registrar is Ms Sia Lagos and the Deputy Registrar is Mr Tim Luxton, both are located in Melbourne. The Tribunal also has offices in each of the other capital cities.

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Last modified: June 21, 2011