Introductory Text
PART 1 PRELIMINARY
1.Citation and commencement
2.Interpretation: proceedings and parties
3.Interpretation: general
PART 2 SERVICE OF DOCUMENTS
4.Interpretation of Part 2
5.Service on a person to whom proceedings relate
6.Service on the court administration officer
7.Service on the Director
8.Service on other individuals
9.Service on a corporation
10.Service by another method
11.Service by commanding officer
12.Service by fax or electronic means
13.Date of service
14.Proof of service
PART 3 BRINGING AN APPEAL
CHAPTER 1 APPEALS BROUGHT BY A PERSON TO WHOM A CHARGE RELATES
15.Notice of appeal
16.Application to extend initial period or for leave to appeal out of time
CHAPTER 2 APPLICATION OR NOTIFICATION BY THE REVIEWING AUTHORITY
17.Application by the reviewing authority
18.Notification by the reviewing authority
CHAPTER 3 UNCONTESTED APPEALS
19.Director to give notice of intention on receipt of notice of appeal
20.Powers of the court in uncontested appeals
PART 4 PROCEEDINGS: GENERAL
21.The court administration officer
22.Listing of proceedings
23.Notification of proceedings
24.Abandonment of appeal
25.Live links
26.Proceedings in absence of appellant etc
27.Deliberation in private
28.Oaths and affirmations
29.Interpreters
30.Record of proceedings
31.Exhibits
32.Termination of proceedings
33.Circumstances not provided for
PART 5 MEMBERS OF THE COURT
34.Proceedings without lay members
35.Powers that may be exercised by a judge advocate
36.Persons ineligible for membership in particular circumstances
37.Objections to lay members
38.Waiting members
39.Swearing of lay members
40.Judge advocate’s power to direct lay members to withdraw
PART 6 ASSISTANCE AND REPRESENTATION
41.Legal representatives
PART 7 ADVANCE INFORMATION
42.Service of advance information
PART 8 PRELIMINARY PROCEEDINGS
43.Listing of proceedings
44.Listing of further preliminary proceedings
45.Preliminary proceedings in chambers without notice to appellant
46.Outline of respondent’s case
47.Powers of judge advocate
PART 9 JOINDER OF APPEALS
48.Power of the court to hear more than one appeal at the same time
PART 10 ATTENDANCE OF WITNESSES
49.Notification of witnesses
50.Issue of witness summons on application to a judge advocate
51.Application for witness summons to produce a document, etc: judge advocate’s assessment of relevance and confidentiality
52.Issue of witness summons of judge advocate’s own motion
53.Application to withdraw a witness summons
54.Oral applications
55.Further process to secure attendance of witness
56.Review of custody of witness
57.Entitlement to witness expenses
PART 11 EVIDENCE
CHAPTER 1 General
58.Application and interpretation of Part 11
59.Rules of evidence
60.Oral testimony to be given on oath
61.Proof by written statement
62.Proof by formal admission
63.Use of documents to refresh memory
CHAPTER 2 Evidence of bad character
64.Notice of intention to adduce evidence of an appellant’s bad character
65.Application to exclude evidence of an appellant’s bad character
66.Application for leave to adduce evidence of the bad character of a non-appellant
CHAPTER 3 Hearsay evidence
67.Notice of intention to adduce hearsay evidence
68.Counter-notice objecting to the admission of hearsay evidence
CHAPTER 4 Evidence of service matters
69.Evidence of enlistment
70.Evidence as to service etc
71.Service records
72.Defence Council instructions, regulations and certificates
73.Standing or routine orders
CHAPTER 5 Expert evidence
74.Expert evidence
PART 12 HEARING OF AN APPEAL: PROCEDURE
CHAPTER 1 APPEAL AGAINST FINDING
75.Address to the court
76.Provisions which are to apply when there are two or more appellants
77.Examination of witnesses
78.Presence of witnesses
79.Submission of no case to answer
80.The case for the appellant
81.Finding for the appellant before conclusion of the case for the appellant
82.Announcement of findings
CHAPTER 2 APPEAL AGAINST PUNISHMENT
83.Application and interpretation of this Chapter
84.Dispute on facts
85.Pre-sentence report and previous convictions
86.Information before punishment
87.Mitigation of punishment
88.Pronouncement of punishment
PART 13 ANCILLARY PROCEEDINGS
89.Certification of contempt of court
PART 14 RESTRICTIONS ON PUBLIC ACCESS AND REPORTING
90.Proceedings in camera
91.Withholding of matter from the public in proceedings before the court
PART 15 APPLICATION TO THE COURT TO STATE A CASE
92.Application for case to be stated
93.Procedure on stating a case
94.Supplementary provisions relating to stating a case
PART 16 TRANSITORY AND TRANSITIONAL PROVISIONS
95.Transitory provisions
96.Transitional
PART 17 REVOCATIONS
97.Revocations
Signature
SCHEDULE 1
OATHS AND AFFIRMATIONS
SCHEDULE 2
TRANSITIONAL PROVISIONS
PART 1 GENERAL
1.Interpretation
2.Record of Summary Appeal Court proceedings
3.Persons ineligible for membership in particular circumstances
PART 2 STEPS TAKEN BEFORE COMMENCEMENT
4.Service of documents
5.Court administration officers
6.Prosecuting officers
7.Legal representatives
8.Appeal or application to be treated as made in accordance with these Rules
9.Directions etc
PART 3 EVIDENCE
10.Proof by written statement
11.Evidence of enlistment or entry for service
12.Documents signed by or on behalf of a person’s commanding officer
PART 4 PUNISHMENT
13.SDA offences
Explanatory Note