A student who has successfully completed the course should show a sound knowledge of:
- the appeals and review process for Defence Force Discipline Act proceedings
- the role and administration of the judicial aspect of the Defence Force Discipline system
- the higher level jurisdictional and policy issues concerning the range of offences available under the Defence Force Discipline Act and associated criminal legislation
- the specialised evidentiary issues and developments relevant to the Defence Force Discipline system
- the special requirements for offshore administration of the Defence Force Discipline Act;
- developments in ADF structural issues relevant to the administration of the Defence Force Discipline Act
- the latest developments in criminal and human right law relevant to the Defence Force Discipline system.
Upon successful completion, students will have the knowledge and skills to:
Students will further develop and update their understandings of:
- the reforms to the military justice system, particularly those relating to the establishment of the Australian Military Court
- the jurisdictional aspects of the military discipline law system
- the relationship between the Defence Force Discipline Force Act 1982 (Cth, "DFDA"), the Criminal Code Act 1995 (Cth, "CCA") and the Criminal Code 2002 (ACT, "CC"), and the definition and scope of Territory offences, general defences and other applicable federal law
- the distinct phases of an investigation into an alleged disciplinary event, focusing on key concepts underlying arrest, search and seizure and interviewing; and the grounds for appeal
- the role of prosecutorial discretion in relation to the choice of charges, the elements of offences, possible defences that could be raised, and the sufficiency of admissible evidence
- punishment available under the DFDA
- selected Jervis Bay Territory offences and Federal offences.
Students will be given an opportunity to:
- develop independent legal research skills
- examine criminal law theory
- conduct comparative legal and theoretical research
- develop analytical and case preparation skills (via a mock court exercise)
- reflect on the practice of military discipline law from theoretical, empirical and human rights perspectives
- explore future directions and international reform trends in military discipline law.
The assessment for the course consists of three parts:
- an in-class exercise
- a written report relating to the in-class exercise
- a research essay.
The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
WorkloadWeek long intensive seminar with on-line communications and activities before and after.
Requisite and Incompatibility
You will need to contact the ANU Legal Workshop to request a permission code to enrol in this course.
Prescribed TextsOdgers, S. Principles of Federal Criminal Law Lawbook Co, 2007
Assumed KnowledgeClasses will proceed on the basis that you have a good understanding of the DFDA particularly charges, procedures and the rules of evidence. We have designed this course being conscious not to replicate learning done in the LTM1 course taught by the Military Law Centre, and further deepen knowledge of topics and issues covered in LTM2.
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- Unit value:
- 9 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
Offerings and Dates
|Class number||Class start date||Last day to enrol||Census date||Class end date||Mode Of Delivery||Class Summary|
|6781||07 Aug 2017||18 Aug 2017||18 Aug 2017||22 Sep 2017||In Person||N/A|