Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A discipline officer or senior discipline officer, in dealing with a prescribed defence member under the infringement scheme in relation to a disciplinary infringement, may decide:
(a) to impose a punishment on the member in accordance with subsection (2); or
(b) if the officer considers that the infringement is trivial--not to impose a punishment on the member; or
(c) if the officer considers that the member has a reasonable excuse for committing the infringement--to dismiss the infringement; or
(d) if the officer considers that the infringement is too serious to be dealt with under this Part--to decline to deal with the infringement.
Note 1: If a decision under paragraph (a), (b) or (c) is made the member cannot be tried by a service tribunal for an offence arising out of the infringement, see subsections 9C(2) and (3).
Note 2: If a decision is made under paragraph (d) to decline to deal with the member, the member may be tried by a service tribunal for an offence arising out of the infringement.
Decision to impose a punishment
(2) The following table sets out the punishments that may be imposed by the discipline officer or senior discipline officer in relation to the disciplinary infringement.
Disciplinary infringement punishments | ||
Item | Column 1 Kind of officer | Column 2 Punishment |
1 | Discipline officer | Fine not exceeding the amount of the defence member's pay for one day Restriction of privileges for a period not exceeding 2 days Stoppage of leave for a period not exceeding 3 days Extra duties for a period not exceeding 3 days Extra drill for no more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days Reprimand |
2 | Senior discipline officer | Fine not exceeding the amount of the defence member's pay for 3 days Severe reprimand Restriction of privileges for a period not exceeding 7 days Stoppage of leave for a period not exceeding 7 days Extra duties for a period not exceeding 7 days Extra drill for no more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days Reprimand |
Decision to dismiss the infringement
(3) If the discipline officer or senior discipline officer decides to dismiss the disciplinary infringement, no punishment may be imposed in relation to the infringement under this Part.
Decision to decline to deal with the infringement
(4) If the discipline officer or senior discipline officer decides to decline to deal with the disciplinary infringement, an infringement officer may refer the infringement to an authorized member of the Defence Force for the purposes of section 87 so that the authorized member may determine whether there are reasonable grounds to believe that the member has committed a service offence.