Part 1—Preliminary
1 Name
This instrument is the Defence Force Discipline (Consequences of Punishment) Rules 2018.
3 Authority
This instrument is made under subsections 9J(1), 68(2) and 68A(2) of the Defence Force Discipline Act 1982.
5 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) defence member;
(b) detainee;
(c) detention centre;
(d) prescribed defence member;
(e) punishment;
(f) service tribunal.
In this instrument:
Act means the Defence Force Discipline Act 1982.
authorised member means a member, or a member included in a class of members, authorised, for the purposes of this instrument:
(a) by the standing, routine or daily orders of the unit, establishment or ship in which the member is serving; or
(b) in writing, by a commanding officer.
Discipline Regulations means the Defence Force Discipline Regulations 2018.
member means a defence member.
non‑working day, in relation to a member or prescribed defence member, means a day designated as a rest day or non‑working day by the standing, routine or daily orders of the unit, establishment or ship in which the member or prescribed defence member is serving punishment.
Part 2—Consequences of punishments under sections 9J and 68 of the Act
6 Consequences of punishment of reduction in rank
For the purposes of subsection 68(2) of the Act, the consequences that flow from the imposition on a member of the punishment of reduction in rank are as follows:
(a) the rank to which the member is reduced is the rank specified by the service tribunal which imposed the punishment;
(b) the member’s seniority in that rank is to be calculated from a date or year specified by the service tribunal, not being a date or year later than the date or year, respectively, on or in which the punishment is imposed.
7 Consequences of punishment of forfeiture of seniority
For the purposes of subsection 68(2) of the Act, the consequences that flow from the imposition on a member of the punishment of forfeiture of seniority are as follows:
(a) the punishment imposed does not affect the seniority of that member otherwise than in relation to the member’s seniority in the rank held by the member on conviction;
(b) the seniority forfeited by the member is so much of the member’s seniority in that rank as accrued to the member before the date or year (as the case requires) specified by the service tribunal which imposed the punishment as being the date or year from which the member’s seniority in that rank is to be calculated.
8 Consequences of punishment of restriction of privileges
For the purposes of subsections 9J(1) and 68(2) of the Act, the consequences that flow from the imposition on a member or a prescribed defence member (as the case requires) of the punishment of restriction of privileges are, for the duration of the punishment, as follows:
(a) the member or prescribed defence member must not leave the unit, establishment or ship in which the punishment is to be served except in the course of duty;
(b) the member or prescribed defence member must not:
(i) be present at any recreation or entertainment in the unit, establishment or ship; or
(ii) consume any alcoholic beverage;
(c) the member or prescribed defence member must, in accordance with an order given to the member by an authorised member, perform:
(i) additional duties for a period not exceeding 4 hours outside working hours in a working day or for a period not exceeding 8 hours in a non‑working day; or
(ii) if the member or prescribed defence member cannot be employed effectively in additional duties for all or part of a period mentioned in subparagraph (i)—drill for periods that cumulatively do not exceed 1 hour in each day;
(d) outside working hours the member or prescribed defence member must, in accordance with an order given to the member or prescribed defence member by an authorised member, report between 6 am and 11 pm (but not more frequently than once every 2 hours) to a person specified by the authorised member;
(e) outside working hours the member or prescribed defence member must wear:
(i) if the member or prescribed defence member is required to perform a duty—the appropriate working dress; or
(ii) in any other case—the dress of the day.
9 Consequences of punishment of stoppage of leave
For the purposes of subsections 9J(1) and 68(2) of the Act, the consequences that flow from the imposition on a member or a prescribed defence member (as the case requires) of the punishment of stoppage of leave are, for the duration of the punishment, as follows:
(a) the member or prescribed defence member must not leave the unit, establishment or ship in which the punishment is to be served except in the course of duty;
(b) outside working hours the member or prescribed defence member must, in accordance with an order given to the member or prescribed defence member by an authorised member, report between 6 am and 11 pm (but not more frequently than once every 2 hours) to a person specified by the authorised member;
(c) outside working hours the member or prescribed defence member must wear:
(i) if the member or prescribed defence member is required to perform a duty—the appropriate working dress; or
(ii) in any other case—the dress of the day;
(d) the member or prescribed defence member must not consume any alcoholic beverage.
10 Consequences of punishment of extra duties
For the purposes of subsections 9J(1) and 68(2) of the Act, the consequences that flow from the imposition on a member or a prescribed defence member (as the case requires) of the punishment of extra duties are, for the duration of the punishment, as follows:
(a) the member or prescribed defence member must, in accordance with an order given to the member or prescribed defence member by an authorised member, perform:
(i) additional duties outside working hours for a period not exceeding 4 hours in each day; or
(ii) if the member or prescribed defence member cannot be employed effectively in additional duties for all or part of the period referred to in subparagraph (i)—drill for periods that cumulatively do not exceed 1 hour in each day;
(b) outside working hours the member or prescribed defence member must wear:
(i) if the member or prescribed defence member is required to perform a duty—the appropriate working dress; or
(ii) in any other case—the dress of the day.
Part 3—Consequences of custodial punishments under section 68A of the Act
11 Consequences of custodial punishment of segregated confinement
For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee in a detention centre of the punishment of segregated confinement are, for the duration of the punishment, as follows:
(a) the detainee must be accommodated in a part of the detention centre set apart from the accommodation for detainees who are not undergoing the punishment of segregated confinement;
(b) the detainee must, subject to paragraph (c) and section 15 of the Discipline Regulations, be confined to his or her cell;
(c) the detainee must perform drill for periods that cumulatively do not exceed 1 hour in each day;
(d) the detainee must be denied access to:
(i) subject to section 20 of the Discipline Regulations—books; and
(ii) social media and other forms of digital entertainment;
(e) the detainee must not be permitted to receive visitors other than visitors referred to in subsection 19(1) of the Discipline Regulations.
12 Consequences of custodial punishment of confinement to cell
For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee of the punishment of confinement to cell are, for the duration of the punishment, as follows:
(a) the detainee must, subject to section 15 of the Discipline Regulations, be confined to his or her cell;
(b) the detainee must perform drill periods that cumulatively do not exceed 1 hour in each day;
(c) the detainee must be denied access to:
(i) subject to section 20 of the Discipline Regulations—books; and
(ii) social media and other forms of digital entertainment;
(d) the detainee must not be permitted to receive visitors other than visitors referred to in subsection 19(1) of the Discipline Regulations.
13 Consequences of custodial punishment of extra drill
For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee of the punishment of extra drill are that the detainee must, for the duration of the punishment, perform drill for periods that cumulatively do not exceed 1 hour in each day.
14 Consequences of custodial punishment of restriction of custodial privileges
For the purposes of subsection 68A(2) of the Act, the consequences that flow from the imposition on a detainee of the punishment of restriction of custodial privileges are, for the duration of the punishment, as follows:
(a) the detainee must be denied access to:
(i) subject to section 20 of the Discipline Regulations—books; and
(ii) social media and other forms of digital entertainment;
(b) the detainee must not be permitted to receive visitors other than visitors referred to in subsection 19(1) of the Discipline Regulations.
Part 4—Performance of drill
15 Conditions governing the performance of drill
For the purposes of this instrument, drill must be performed by a member or a prescribed defence member in accordance with the following conditions:
(a) the nature and type of drill to be performed must be as specified in the standing, routine or daily orders of the unit, establishment, ship or detention centre in which the drill is performed;
(b) the member or prescribed defence member must perform the drill in accordance with an order given to the member or prescribed defence member by an authorised member;
(c) the member or prescribed defence member must not be required to perform the drill for a continuous period exceeding 30 minutes;
(d) the member or prescribed defence member must not be required to perform periods of drill more frequently than at 4‑hourly intervals.
Part 5—Transitional provisions
Division 1—Transitional provisions relating to the commencement of this instrument as originally made
16 Definitions
In this Part:
commencement day means the day on which this instrument commences.
old rules means the Defence Force Discipline (Consequences of Punishment) Rules 1986, as in force immediately before the commencement day.
17 Transitional—punishments
(1) Parts 1 to 4 of this instrument apply in relation to a punishment imposed on a member, prescribed defence member or detainee on or after the commencement day.
(2) Despite the repeal of the old rules by Schedule 1, those rules continue to apply in relation to a punishment imposed on a member, prescribed defence member or detainee before the commencement day.
18 Transitional—authorised members
Despite the repeal of the old rules by Schedule 1, a person who was an authorised member for the purposes of the old rules immediately before the commencement day is taken, on and after that day, to be an authorised member for the purposes of this instrument.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Defence Force Discipline (Consequences of Punishment) Rules 2018 | 21 Mar 2018 (F2018L00350) | 1 Apr 2018 (s 2(1) item 1) | |
Defence Force Discipline (Consequences of Punishment) Amendment Rules 2022 | 20 July 2022 (F2022L00995) | 13 Dec 2022 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
Part 1 | |
s 2..................... | rep LA s 48D |
s 3..................... | am F2022L00995 |
s 4..................... | rep LA s 48C |
s 5..................... | am F2022L00995 |
Part 2 | |
Part 2 (heading)............ | am F2022L00995 |
s 8..................... | am F2022L00995 |
s 9..................... | am F2022L00995 |
s 10.................... | am F2022L00995 |
Part 5 | |
Division 1 | |
Division 1 (heading)......... | ad F2022L00995 |
Schedule 1................ | rep LA s 48C |
