About the Tribunal  

Powers

The Tribunal is empowered under the Defence Force Discipline Appeals Act 1955 to hear and determine appeals by persons who have been convicted or who have been acquitted of a Service offence on the ground of unsoundness of mind ('a prescribed acquittal') by a court martial or a Defence Force magistrate under the Defence Force Discipline Act 1982. It may determine an appeal in one of the following ways: it may allow an appeal and quash the conviction or prescribed acquittal; it may quash a conviction or prescribed acquittal and order a retrial, it may quash a conviction and substitute for the conviction so quashed an acquittal on the ground of unsoundness of mind and direct that the appellant be kept in strict custody until the pleasure of the Governor-General is known; or, if it finds that the appellant was unfit to stand trial, it may allow the appeal, quash the conviction or prescribed acquittal and direct that the appellant be kept in strict custody until the pleasure of the Governor-General is known. Subject to the reference of questions of law and appeals on questions of law to a Full Court of the Federal Court of Australia, the Tribunal's determination is final.

In addition to the above powers, the Tribunal has general procedural powers. It has the power to order that no report of or relating to the whole or a specified part of the proceedings of the Tribunal at a sitting of the Tribunal be published. The President is charged with the power to determine the times and places, which may include places outside Australia, of sittings of the Tribunal. He or she also has other general administrative powers.
When hearing appeals, the Tribunal is required to consist of an uneven number of members, being a number of not less than three. Generally, the President or Deputy President presides at the hearings. A single member may exercise certain powers of the Tribunal ancillary to an appeal.