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Military Law in Australia

Military Law in Australia

Edited by Robin Creyke, Dale Stephens and Peter Sutherland

CONTENTS

Cover image:
Woman leading blind soldier (1917) by Clare Sheridan
Sculpture
Australian War Memorial, Canberra
ART19568
© Jonathan Frewen

Military Law in Australia covers contemporary legal practice in a military context. It is written by a stable of experts drawn from the profession, including a judicial officer, barristers, legal practitioners within Defence, legal 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 all areas of law which have a special impact on the Australian Defence Force (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.

Of particular relevance to serving members are those aspects of the book which deal 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.

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.


CONTENTS

PART I: HISTORY

1. History of the ADF in War and Peace
           Professor John Tarrant, Law School, University of Western Australia
2. History of the ADF Military Law System
           Wing Commander Angeline Lewis, Royal Australian Air Force

PART II: AUSTRALIAN DEFENCE FORCE

3. Structure of the Australian Defence Force
           Dr Cameron Moore, Honorary Principal Research Fellow, University of Wollongong
4. The Military Law System
           Associate Professor David Letts, The Australian National University College of Law
           Professor Rob McLaughlin, Australian Defence Force Academy, University of New South Wales
5. The Defence Portfolio
           Peter Sutherland, School of Legal Practice, Australian National University

PART III: DOMESTIC MILITARY LAW

6. Military Justice and the Constitution
           Professor James Stellios, The Australian National University College of Law
7. Military Law and Executive Power
           Dr Cameron Moore, Honorary Principal Research Fellow, University of Wollongong
8. Military Discipline Law
           The Honourable Richard Tracey
9. Military Administrative Law
           Associate Professor Judith Bannister, The University of Adelaide Law School
10. Intersection of Military Law and Civil Law
           Associate Professor David Letts, The Australian National University College of Law
           Professor Rob McLaughlin, Australian Defence Force Academy, University of New South Wales
11. Military Aid to the Civil Power
           Associate Professor David Letts, The Australian National University College of Law
           Professor Rob McLaughlin, Australian Defence Force Academy, University of New South Wales
12. ADF Powers to Arrest, Detain and Remove Civilians
           Professor John Tarrant, Law School, University of Western Australia
           Christopher Minus, University of Western Australia

PART IV: OPERATIONS LAW

13. Introduction to Part IV: Operations Law
           Professor Dale Stephens, The University of Adelaide Law School
14. Domestic Legal Framework for Operations
           Colonel Penny Saultry, Australian Army
           Lieutenant Colonel Damian Copeland, Australian Army
15. Detention in Military Operations
           Professor Bruce Oswald, University of Melbourne Law School
16. International Criminal Law and the ADF
           Professor Dale Stephens, The University of Adelaide Law School
           Mark Giddings, The University of Adelaide Law School
17. Organized Armed Groups and Direct Participation in Hostilities
           Professor Rob McLaughlin, Australian Defence Force Academy, University of New South Wales
18. Maritime Operations Under the Maritime Powers Act 2013 (Cth)
           Commander Sophia White, Royal Australian Navy
19. Emerging Technologies and Areas of Operation in Cyber and Outer Space
           Professor Dale Stephens, The University of Adelaide Law School
           Associate Professor Emily Crawford, University of Sydney Law School
20. Relationship of Military Administrative and Discipline Law to Operations
           Captain Darryn Mullins, Royal Australian Navy

PART V: MILITARY PERSONNEL LAW

21. Introduction to Part V: Military Personnel Law
           Peter Sutherland, School of Legal Practice, The Australian National University
           Wing Commander Angeline Lewis, Royal Australian Air Force
22. Recruitment, Promotion, Discharge and Remuneration
           Wing Commander Angeline Lewis, Royal Australian Air Force
23. ADF Health, Rehabilitation and Transition Services
           Emeritus Professor Robin Creyke and Peter Sutherland
24. Work Health and Safety in a Defence Context
           Dr Colette Langos, The University of Adelaide Law School
25. Military Compensation, Superannuation and Insurance
           Peter Sutherland, School of Legal Practice, Australian National University
           Emeritus Professor Robin Creyke, Australian National University
26. Other Legal Issues
                      [26.1] Alcohol, Tobacco and Other Drugs  Wing Commander Angeline Lewis
                      [26.2] Defence Housing  Emeritus Professor Robin Creyke
                      [26.3] Funeral Arrangements  Emeritus Professor Robin Creyke
                      [26.4] Recognition, Commemoration and War Graves  Bruce Topperwien
                      [26.5] Regulation of Defence Emblems and Titles  Wing Commander Angeline Lewis
                      [26.6] Reservists, Civilian Employment and Military Compensation  Emeritus Professor Robin Creyke and Peter Sutherland
                      [26.7] Wills and Powers of Attorney  Emeritus Professor Robin Creyke

   

Publishing 12 July 2019
Publisher The Federation Press
Paperback/432pp
ISBN 9781760022105
Australian RRP $130.00
International Price $120.00
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Not yet published


Law - Military Law
Law - Constitutional
Law - Administrative
Law - Legal History
Government / Political Studies


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