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.
PART I: AUSTRALIAN DEFENCE FORCE
1. History of the ADF in War and Peace
Professor John Tarrant,
2. Evolution of the Australian Military Justice System
Professor Dale Stephens, Professor Matthew Stubbs & Joanna Jarose, The University of Adelaide
3. Structure of the Australian Defence Force
Professor Cameron Moore, University of New England
4. The Defence Portfolio
Peter Sutherland, The Australian National University
PART II: DOMESTIC MILITARY LAW
5. Military Justice and the Constitution
Professor James Stellios, The Australian National University
6. Military Law and Executive Power
Professor Cameron Moore, University of New England
7. Command Responsibility
Professor Anthony Gray, Bond University
8. Military Aid to the Civil Power: Part IIIAAA, Defence Act 1903
Commander Tristian Skousgaard, Rebekah Crawley & Rhiannon Kerr
9. ADF Support for Civil Authorities in National Emergencies
Dr Samuel White, The University of Adelaide
10. Military Discipline Law
Professor John Devereux, University of Queensland
11. Legal Issues Arising from Administrative Termination and Disciplinary Dismissal
12. Administrative Law in the Defence Context
Emeritus Professor Robin Creyke, The Australian National University
Professor Matthew Stubbs, The University of Adelaide
13. Freedom of Information in the Defence Context
Leo Hardiman KC
14. Defence Contracting: The Procurement Framework
Dr Colette Langos, The University of Adelaide
PART III: OPERATIONS LAW
15. Introduction to Part IV: Operations Law
Professor Dale Stephens, The University of Adelaide
16. Domestic Legal Framework for ADF Operations
Colonel Damian Copeland, Australian Army
Colonel Penny Saultry, Australian Army Reserve
17. Law Applicable to Military Operations and Space Warfare
Professor Dale Stephens, The University of Adelaide
18. Law of Land Operations: Contemporary Issues
Dr Lauren Sanders, University of Queensland
19. Law of Air Operations: Contemporary Issues
Wing Commander Bryan Cavanagh, Royal Australian Air Force
Squadron Leader Anthony Erman, Royal Australian Air Force
Flight Lieutenant Karina Galliford, Royal Australian Air Force
20. Law of Naval Operations: Contemporary Issues
Professor Dale Stephens & Joanna Jarose, The University of Adelaide
21. Law of Cyber Operations: Contemporary Issues
Professor Dale Stephens & Joanna Jarose, The University of Adelaide
22. Law of Peace Operations
Associate Professor David Letts, The Australian National University
23. International Criminal Law and the ADF
Professor Dale Stephens & Mark Giddings, The University of Adelaide
24. Maritime Operations under the Maritime Powers Act 2013 (Cth)
Commander Sophie White, Royal Australian Navy Reserve
25. Organized Armed Groups and Direct Participation in Hostilities
Professor Rob McLaughlin, The Australian National University
26. Relationship of Military Administrative and Discipline Law to Operations
Captain Darryn Mullins, Royal Australian Navy
27. Australia’s Export Control and Weapons Review Regimes
Dr Lauren Sanders, University of Queensland
Colonel Damian Copeland, Australian Army
PART IV: MILITARY PERSONNEL LAW
28. Introduction to Part V: Military Personnel Law
Peter Sutherland, The Australian National University
29. Service in the ADF: Recruitment, Promotion, Discharge and Remuneration
Group Captain Angeline Lewis, Royal Australian Air Force
30. ADF Health, Rehabilitation and Transition Services
Peter Sutherland, The Australian National University
31. Work Health and Safety in a Defence Context
Dr Colette Langos, The University of Adelaide
32. Military Compensation, Superannuation and Insurance
Peter Sutherland & Emeritus Professor Robin Creyke, The Australian National University
33. Other Legal Issues
[33.1] Alcohol, tobacco and other drugs Group Captain Angeline Lewis
[33.2] Defence housing Emeritus Professor Robin Creyke
[33.3] Funeral arrangements Emeritus Professor Robin Creyke
[33.4] Recognition, commemoration and war graves Bruce Topperwien
[33.5] Regulation of Defence emblems and titles Group Captain Angeline Lewis
[33.6] Reserve service in the ADF Emeritus Professor Robin Creyke and Peter Sutherland
[33.7] Wills and powers of attorney Emeritus Professor Robin Creyke
Reviews of the first edition
Military Law in Australia covers contemporary legal practice in a military context. Reflecting the diverse background of its editors, Military Law in Australia draws from Australian Defence Force (AD) legal practitioners, Reserve barristers, legal practitioners within Defence, academics, and public lawyers in government and the private sector. This is the first comprehensive book on military law in Australia for nearly a century, filling a hitherto neglected area of jurisprudence.
The chapters cover a spectrum of legal issues which have a special impact on the ADF. These include the history of Australia’s military operations, the development of the military justice system, particularly its constitutional foundation, and the key operational areas involving criminal, administrative, and international law including cyber law and outer space. …
For too long, the rules concerning the military in Australia have not readily been accessible, even by commanders and practitioners. Military Law in Australia aimed to, and succeeds in, filling that gap in Australia’s knowledge of the operations of a longstanding and increasingly important arm of their government.
Edward Willis, Public Law Review, Vol 30, 2019
