Document ID: chunk:federal_register_of_legislation:F2023C00098:body:0:p3
Version: federal_register_of_legislation:F2023C00098
Segment Type: other
Provision Reference: 
Character Range: 7606–10414

to represent an accused person for proceedings.

proceedings means the following actions taken by a summary authority in accordance with the Act, rules made under the Act and regulations made under the Act:

    (a)  dealing with a charge;

    (b)  trying a charge;

    (c)  imposing a punishment under Part IV of the Act;

    (d)  making an order under Part IV of the Act.

prosecuting officer means a member of the Defence Force prosecuting a charge before a summary authority.

reasonably available means an Australian Defence Force member is able to be released from their usual duties without significant impact upon the ordinary business of Defence, having regard to all of the circumstances, including the exigencies of service, preparation and travel time, and the efficient and effective use of Commonwealth resources.

regulations means the Defence Force Discipline Regulations 2018.

Part 2  Charging and summoning accused person

Rule 6  Charging an accused person

    (1) At the time the accused person is charged with an offence under subsection 87(1) or 95(3) of the Act, or is served with a summons under subsection 87(3) of the Act, they are to be provided in writing:

       (a) a summary of the rights and obligations of the accused substantially in accordance with Schedule 1,

       (b) the charges being preferred against them,

       (c) related to those charges:

           (i) the name of the offence and the section of the Act or regulations that refers to that offence,

           (ii) the elements of the alleged offence,

           (iii) any statutory defence available under the Act or regulations in respect of the offence charged, and

       (d) the name and rank of the proposed prosecuting officer.

    (2) With the material provided under subrule (1), the accused person is to be provided in writing with a summary of the case against them, which is to include:

       (a) particulars of the charge,

       (b) an outline of the facts and circumstances relevant to the alleged conduct constituting the offence, and

       (c) a summary of the case the prosecuting officer is intending to rely upon to prove each element of the offence charged.

    (3) A charge must consist of a sufficient statement of the offence and the particulars of the act or omission constituting the offence.

    (4) Once given to an accused person, a charge may only be dealt with as described in Rule 9.

    (5) When a person is charged with a service offence, it is to be recorded on a charge sheet.

    (6) A charge sheet may contain more than one charge.

    (7) Only one person may be charged in the one charge sheet.

    (8) Each summary proceedings must deal with only one accused person.

Rule 7  Representation of an accused person

    (1) An accused person may