Military law in Australia / edited by Robin Creyke, Dale Stephens and Peter Sutherland.

Alexandria, N.S.W. : The Federation Press and Softlaw Community Projects, 2024.

2nd edition

202136

Military law -- Australia.

Military history -- Australia.

Part I: Australian defence force

1. History of the ADF in war and peace

2. Evolution of the Australian military justice system

3. Structure of the Australian defence force

4. The defence portfolio

Part II: Domestic military law

5. Military justice and the constitution

6. Military law and executive power

7. Command responsibility

8. Military aid to the Civil Power: Part IIIAAA, Defence Act 1903

9. ADF support for civil authorities in national emergencies

10. Military discipline law

11. Legal issues arising from administrative termination and disciplinary dismissal

12. Administrative law in the defence context

13. Freedom of information in the defence context

14. Defence contracting: the procurement framework

Part III: Operations law

15. Introduction to part III: operations law

16. Domestic legal framework for ADF operations

17. Law applicable to military operations and space warfare

18. Law of land operations: contemporary issues

19. Law of air operations: contemporary issues

20. Law of naval operations: contemporary issues

21. Law of cyber operations: contemporary issues

22. Law of peace operations

23. International criminal law and the ADF

24. Maritime operations under the Maritime Powers Act 2013 (Cth)

25. Organised armed groups and direct participation in hostilities

26. Relationship of military administrative and discipline law to operations

27. Australia’s export control and weapons review regimes

Part IV: Military personnel law

28. Introduction to part IV: military personnel law

29. Service in the ADF: recruitment, promotion, discharge and remuneration

30. ADF health, rehabilitation and transition services

31. Work health and safety in a defence context

32. Military compensation, superannuation and insurance

33. Other legal issues

[33.1] Alcohol, tobacco and other drugs

[33.2] Defence housing

[33.3] Funeral arrangements

[33.4] Recognition, commemoration and war graves

[33.5] Regulation of defence emblems and titles

[33.6] Reserve service in the ADF

[33.7] Wills and powers of attorney.

Military Law in Australia covers contemporary legal practice in a military context. It is written by experts drawn from the profession, including legal academics, legal practitioners within Defence, barristers and public lawyers in government and the private sector. The First Edition in 2019 was the first comprehensive book on military law in Australia for nearly a century, filling a hitherto neglected area of jurisprudence. This Second Edition covers all areas of law which have a special impact on the Australian Defence Force (ADF). Part I includes the history of Australia's military operations, the development of the military justice system and the structure of Defence in Australia. Part II focuses on Domestic Military Law, ranging from its constitutional foundation to military discipline and the operations of the ADF within Australia. Part III on Operations Law covers key operational areas involving criminal, administrative and international law. Part IV is of particular relevance to serving members as it deals with personnel matters for ADF members and their families, such as housing, health and welfare, superannuation, compensation and transition from the ADF, as well as defence awards, funeral assistance, and the rules concerning members' ability to stand for Parliament. The Second Edition updates the chapters in the First Edition and in addition covers a number of new areas of Defence interest, including: new chapters in Part II on command responsibility, freedom of information and Defence procurement; new chapters in Part III on peace operations and Australia's export control and weapons review regime; in Part III, separate chapters which expand upon the consideration of land operations, air operations, naval operations, space operations and cyber operations. For too long, the rules concerning the military in Australia have not readily been accessible, even by Commanders and practitioners. This work fills that gap in Australia's knowledge of the operations of a long-standing and increasingly important arm of their government. - Publisher's website.

Previous edition 2019.

Includes bibliographical references and index.

9781760025175

lxi, 547 pages ; 24 cm