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Military Law in Australia

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  • Author(s)Robin Creyke / Dale Stephens / Peter Sutherland
  • Edition
  • Published28th June 2019
  • PublisherThe Federation Press
  • ISBN
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.
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