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

Alexandria, N.S.W. : The Federation Press, 2019.

1st edition

89346

Military law -- Australia.

Military history -- Australia.

Part I: History

1. History of the ADF in war and peace

2. History of the ADF military law system

Part II: Australian defence force

3. Structure of the Australian Defence Force

4. The military law system

5. The defence portfolio

Part III: Domestic military law

6. Military justice and the constitution

7. Military law and executive power

8. Military discipline law

9. Military administrative law system

10. Intersection of military law and civil law

11. Military aid to the civil power

12. ADF powers to arrest, detain and remove civilians

Part IV: Operations law

13. Introduction to Part IV: operations law

14. Domestic legal framework for operations

15. Detention in military operations

16. International criminal law and the ADF

17. Organised armed groups and direct participation in hostilities

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

19. Emerging technologies and areas of operation in cyber and outer space

20. Relationship of military administrative and discipline law to operations

Part V: Military personnel law

21. Introduction to Part V: military personnel law

22. Recruitment, promotion, discharge and remuneration

23. ADF health, rehabilitation and transition services

24. Work health and safety in a defence context

25. Military compensation, superannuation and insurance

26. Other legal issues.

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. - Publisher's website.

Includes bibliographical references and index.

9781760022105

xxxiv, 396 p. ; 24 cm