Document ID: chunk:federal_register_of_legislation:F2025C00160:front:0:p157
Version: federal_register_of_legislation:F2025C00160
Segment Type: other
Provision Reference: 
Character Range: 771149–774490

Duties attracting a sessional fee

1.  A legal officer is eligible for a sessional fee if all the following conditions are met.
    a.                                                                                        The legal officer performs legal duties in the ADF when they would otherwise be working in a private professional capacity as a barrister or solicitor.
    b.                                                                                        Any of the following persons approves a period of the duty described in the table at paragraph c, before it is performed.
    i.                                                                                        CDF.
    ii.                                                                                       Director General Australian Defence Force Legal Services.
    c.                                                                                        The legal officer performs one or more of the duties described in the following table.

Item  Duties
1.    Military duty as a counsel or assistant counsel performing any of the following duties.
      a. Appearing before a summary authority.
      b. Any of the following duties performed in relation to a Court Martial or Defence Force Magistrate proceeding.

      i. Appearing in the proceeding.
      ii. Participating in a pre-trial directions hearing.
      iii. Participating in a case management conference.
      iv. Participating in a stay application in relation to a punishment or order.

      c. Providing legal services related to paragraphs a and b.
      d. Providing legal services relating to a petition or request for review to a reviewing authority, including a punishment review pursuant to the Military Justice (interim Measures) Act No. 2 2009.
2.    Military duty as a Judge Advocate or Defence Force Magistrate in a disciplinary proceeding.
3.    Providing legal services relating to the preparation or provision of a report under section 154 of the Defence Force Discipline Act 1982.
4.    Military duty as a legal officer assisting a Commission of Inquiry.
5.    Military duty as a legal officer representing or assisting in the representation of a person, including a person who has died, before a Commission of Inquiry.
6.    Providing legal services to an ADF commander if all of the following requirements are met.
      a. The services are of any of the following types.

      i. Providing legal advice.
      ii. Providing dispute resolution services.
      iii. Acting as an inquiry officer or as an inquiry assistance under section 11 of the Defence (Inquiry) Regulations 2018.

      b. The services require legal skills.
      c. The services relate to duties and responsibilities of a member in that command.
7.    Giving legal advice to a member on matters arising from their service in the ADF.
      Note:  Preparation time is not paid for this duty.
8.    Giving legal advice to a defence civilian or former member in either of the following circumstances.
      a. The defence civilian or former member is being investigated in connection with disciplinary action or possible disciplinary action under the Defence Force Discipline Act 1982.
      b. The defence civilian or former member has been charged with an offence under the Defence Force Discipline Act