A student who has successfully completed the course should show a sound knowledge of:

• the appeals and review process for Defence Force Discipline Act proceedings
• the role and administration of the judicial aspect of the Defence Force Discipline system
• the higher level jurisdictional and policy issues concerning the range of offences available under the Defence Force Discipline Act and associated criminal legislation
• the specialised evidentiary issues and developments relevant to the Defence Force Discipline system
• the special requirements for offshore administration of the Defence Force Discipline Act;
• developments in ADF structural issues relevant to the administration of the Defence Force Discipline Act
• the latest developments in criminal and human right law relevant to the Defence Force Discipline system.

Students will further develop and update their understandings of:

• the reforms to the military justice system, particularly those relating to the establishment of the Australian Military Court
• the jurisdictional aspects of the military discipline law system
• the relationship between the Defence Force Discipline Force Act 1982 (Cth, "DFDA"), the Criminal Code Act 1995 (Cth, "CCA") and the Criminal Code 2002 (ACT, "CC"), and the definition and scope of Territory offences, general defences and other applicable federal law
• the distinct phases of an investigation into an alleged disciplinary event, focusing on key concepts underlying arrest, search and seizure and interviewing; and the grounds for appeal
• 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
• punishment available under the DFDA
• selected Jervis Bay Territory offences and Federal offences.

Students will be given an opportunity to:

• develop independent legal research skills
• examine criminal law theory
• conduct comparative legal and theoretical research
• develop analytical and case preparation skills (via a mock court exercise)
• reflect on the practice of military discipline law from theoretical, empirical and human rights perspectives
• explore future directions and international reform trends in military discipline law.

The assessment for the course consists of three parts:                                

• an in-class exercise
• a written report relating to the in-class exercise
• a research essay.