Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:4_151:p1
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 4 cl 151 (pt 1/2)
Character Range: 62962–65787

151  Review of proceedings of subordinate summary authority

Powers and duties of commanding officer

 (1) As soon as practicable after a subordinate summary authority convicts a person of a service offence, the subordinate summary authority must give the record of the proceedings to the commanding officer of the subordinate summary authority.

 (2) The commanding officer must review the proceedings in accordance with this Part and, for that purpose, the commanding officer is taken to be a reviewing authority.

 (3) The commanding officer may, but is not required to, obtain legal advice on the proceedings from a legal officer.

 (4) After completing the review of the proceedings, the commanding officer must give to a legal officer:
 (a) the record of the proceedings; and
 (b) a report setting out:
 (i) the results of the review; and
 (ii) if the proceedings were reopened by the subordinate summary authority under section 153—the action taken by the subordinate summary authority in dealing with the reopened proceedings; and
 (iii) the reasons for any delay in conducting the review.

 (5) The commanding officer must complete the review of the proceedings and give the documents referred to in paragraphs (4)(a) and (b) to a legal officer:
 (a) within 30 days after the commanding officer receives the record referred to in subsection (1); or
 (b) if this is not possible due to the exigencies of service—as soon as practicable after the end of that period.

Powers and duties of legal officer

 (6) As soon as practicable after receiving the record of the proceedings and the report referred to in subsection (4), the legal officer:
 (a) must consider the record and report; and
 (b) may, if the legal officer considers it appropriate, give the record and report to a competent reviewing authority.

Further review by competent reviewing authority

 (7) If the legal officer gives the record of the proceedings and the report to a competent reviewing authority under subsection (6), the reviewing authority:
 (a) must, as soon as practicable after receiving the record and report, review the proceedings in accordance with this Part; and
 (b) after reviewing the proceedings, must give written notice of the results of the review to:
 (i) the commanding officer; and
 (ii) the person who was convicted of the service offence.

Note: A reviewing authority may not, under paragraph (7)(a), request the subordinate summary authority to reopen the proceedings: see paragraph 153(1)(a).

Notice of results of review

 (8) A commanding officer who receives a notice under paragraph (7)(b) must, as soon as practicable after receiving the notice, give written notice of the results of the review to the subordinate summary authority.

 (9) If the legal officer does not give the record of the proceedings and the