Constitutional law (Cth) – Defence - Offences by defence members - Service offences - The Defence Force Discipline Act 1982 (Cth) created a range of offences based on offences against the laws of the Australian Capital Territory, and provided for trial and punishment of these offences exclusively by service tribunals - Whether trials for these offences require an exercise of the judicial power of the Commonwealth within the meaning of Ch III of the Constitution - Whether service tribunals can validly exercise jurisdiction over service offences.
Defence and war – Offences by defence members - Service offences - The Defence Force Discipline Act 1982 (Cth) created a range of offences based on offences against the laws of the Australian Capital Territory, and provided for trial and punishment of these offences exclusively by service tribunals - Whether trials for these offences require an exercise of the judicial power of the Commonwealth within the meaning of Ch III of the Constitution - Whether service tribunals can validly exercise jurisdiction over service offences.
Words and phrases – "essentially disciplinary", "exclusively disciplinary", "service offence", "Territory offence", "the judicial power of the Commonwealth".
Constitution – Ch III, ss 51(vi), 71, 75(v), 76(ii), 77(i), 80.
Defence Force Discipline Act 1982 (Cth) – ss 33(a), 61, 114(3), 115, 129, 190.
Crimes Act 1900 (ACT) – s 60.
Defence Force Discipline Appeals Act 1955 (Cth) – s 52.
Judgment date
Case number
S312/2006
Before
Gleeson CJ, Gummow, Kirby, Hayne, Callinan, Heydon, Crennan JJ
Catchwords