LAWS8160 Military Discipline Law

LAWS8160 is only available under certain award programs.

Offered By	Law School
Academic Career	Graduate Coursework
Course Subject	Laws
Offered in	Winter Session, 2011 and Winter Session, 2012
Unit Value	6 units
Course Description	This course aims to provide the ADF Legal Officer Special Career Structure (LOSCR) with the military operations law component of Legal Training Module 2. This is the education requirement for ADF Legal Officers to qualify for legal competency level LL3 under the LOSCR approved by the Defence Force Remuneration Tribunal. A student who has successfully completed the course should show an understanding of: application of the Defence Force Discipline Act, its related legislation, the relationship to the ADF prosecution policy determining jurisdiction, the investigation process and the range of offences related to discipline drafting and laying charges, Rules of Evidence and investigative material the process of summary hearings, including Discipline Officer proceedings the functions of convening authorities, process of Defence Force Magistrate hearings and of Courts Martial, including pre-trial advice sentencing principles, the scale and consequences of punishments and requirements relating to the award of punishments by Service Tribunals, legal review processes the requirements for preparing a legal report for the review process in a summary trial, the petition and appeal processes.
Learning Outcomes	A student who has successfully completed this course will have: an understanding of reforms to the military justice system, particularly those relating to the establishment of the Australian Military Court an understanding of the jurisdictional aspects of the military discipline law system an understanding of key sources of law including legislation, Defence Law Manual, Defence Instructions and case-law and relevant secondary sources an understanding of the relationship between the Defence Force Discipline Act 1982 (Cth), the Criminal Code Act 1995 (Cth) and the Criminal Code 2002 (ACT) and the definition and scope of Territory offences, general defences and other applicable federal law an understanding of the rules of evidence and procedure including the Summary Authority Rules an understanding of the grounds for appeal an understanding of the role of prosecutorial discretion in relation to the choice of charges, the elements of offences, possible defences that could be raised, and the sufficiency of admissible evidence an opportunity to develop and apply independent legal research skills.
Indicative Assessment	The assessment for the course LAWS8160 consists of two parts: a take-home exam an essay.
Workload	Week long intensive seminar with on-line communication and activities before and after.
Areas of Interest	Law
Assumed Knowledge and Required Skills	Classes will proceed on the basis that you have a good understanding of the DFDA particularly charges, procedures and the rules of evidence. We have designed this course being conscious not to replicate learning done in the LTM1 course taught by the Military Law Centre.
Incompatibility	There are no incompatible courses.
Prescribed Texts	S Odgers, Principles of Federal Criminal Law (Lawbook Co, 2007)
Technology Requirements	Materials will be provided in CD format.
Programs	Graduate Diploma in Military Law and Graduate Diploma in Military Law
Academic Contact	Simon Bronitt, Professor, Legal Workhsop, ANU College of Law

The information published on the Study at ANU 2011 website applies to the 2011 academic year only. All information provided on this website replaces the information contained in the Study at ANU 2010 website.