NUMBER 145 August-September 2009
Military courts ‘invalid’: High Court T
he High Court of Australia has found unanimously that the provisions of the Defence Force Discipline Act establishing the Australian Military Court are invalid because the AMC has been exercising the judicial power of the Commonwealth but does not meet the requirements of Chapter III of the Constitution. The Minister for Defence, Senator John Faulkner, said the Government respected the Court’s decision and would move military justice to a judicial system that met the requirements of Chapter III of the Constitution. As an interim measure, he has introduced legislation to put in place an interim military justice system — the pre-2007 machinery to give Defence a level of certainty in military justice matters. The case that has caused this upset to the military justice system involves a sailor, Brian George Lane, charged with a sexual offence. When the case was to be heard by the military judge, Colonel Peter John Morrison, Lane challenged the constitutional validity of the Australian Military Court under the Constitution. The Australian Military Court was established in October 2007 by the former Government after a series of Senate Committee reports had recommending extensive changes in the system of military justice. Under the AMC, military judges presided over cases and operated outside the chain of command. However, the AMC stopped short of meeting Chapter III requirements such as those governing judges’ appointment and tenure. Senator Faulkner said: “The Senate Committee had recommended a Chapter III court with oversight by the Attorney-General and greater independence from the military. The legislation establishing the AMC fell short of these recommendations.
Pilotless eye high in the sky
The Minister for Defence, Senator John Faulkner, has announced that the RAAF has acquired Heron Unmanned Aerial Vehicles (UAVs) in close collaboration with Canadian Defence forces. This high-resolution intelligence, surveillance and reconnaissance machine will enhance the capability of Australian forces in Afghanistan. The Heron is a one-tonne aircraft capable of medium-altitude, long-endurance flights. “The Government will review the High Court’s decision carefully and consider alternative models for establishing the jurisdiction in a Chapter III court. I will work closely with the Attorney-General given his responsibilities in this area.” Reinstating the military justice machinery that existed before the establishment of the AMC would allow time for options that met the requirements of Chapter III to be developed and legislation introduced. The system, which involved trials by court martial and Defence Force magistrates, would be reinstated on only a temporary basis.
“The Government is committed to resolving the future of the military justice system and will be making further announcements once the full implications of the High Court’s decision have been considered,” Senator Faulkner said. The Government would also examine the implications of the decision for past and current cases and take any necessary action to ensure the validity of past sentences and to minimise disruption of continuing cases. For a transcipt of the complicated case, access http://www.austlii.edu.au/ and search for Lane v Morrison.
Defence treaties hearings Federal Parliament’s Treaties Committee held a public hearing on two defence treaties in Canberra on September 7 at which representatives of the Department of Defence gave evidence on amendments to the Chapeau Defence Agreement, which will strengthen bilateral defence relations with the US. The second defence treaty will allow the Singapore Armed Forces to continue to use the Shoalwater Bay Training Area, NSW.
$1.2m available to ex-service groups plus another $4m
M
ore than $1.2 million in funding to support 78 health and wellbeing initiatives for veterans and their families across Australia have been announced by the Minister for Veterans’ Affairs Alan Griffin . This round of the Veteran & Community Grants program will benefit about 26,000 veterans, war widows and widowers and their families by supporting a range of initiatives including
health, nutrition and exercise sessions. Veteran & Community Grants are available to ex-service and community organisations, veterans’ representative groups and private organisations that contribute to the health and welfare of the veteran community. Local and community organisations applying for funding should visit www. dva.gov.au/grants or contact their nearest DVA offices. In August Mr
Griffin announced $4 million to help members of the veteran community access entitlements and connect with various services. Almost 200 ex-service organisations (ESOs) will receive a share of $4 million through the Building Excellence in Support and Training (BEST) grant program, which helps them deliver services to about 400,000 veterans and their partners, war widows and widowers.
He says, “Concerns have been raised about the current program.” He intended to review the BEST program and would be consulting ESOs and other stakeholders to ensure that the needs of the veteran community were being met effectively through this funding. He was writing to all organisations that had applied for BEST grants.
Recognition for PNG’s ‘Angels’ — Page 2
Ted Kenna VC laid to rest — Page 3
Pilot Blown and the brink of war — pp 6–7
Sub-branches’ chances for revenue — Page 11
See also “$4m to ex-service groups for veterans” — page 5