Wednesday, August 26, 2009

Australian Military Court

In 1995 [in Brandy v HREOC] the High Court determined that the HREOC court was constitutionally invalid.

Today, the High Court determined that the Australian Military Court was similarly constitutionally invalid.


"As an interim measure, the Government will give appropriate priority to legislation that temporarily re-introduces the pre-2007 military justice machinery for trials by court martial and defence force magistrates."

But that cannot happen until Parliament resumes in over a week's time.

Constitutional law expert George Williams says that in the interim, the military is left without a justice system.

"Its decisions have been found to be void and until that gap is filled, there simply is no tribunal or the like that can decide these matters," he said.

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