The Australian Military Court consisted of a Chief Military Judge, two permanent Military Judges, and a part-time panel of reserve Military Judges. The first Chief Military Judge was Brigadier Ian Westwood, who was sworn in with the two Permanent Military Judges on 1 October 2007. Depending on the nature and severity of the offence, the Defence Force Discipline Act made provision for cases to be tried before a single judge, or in more serious cases, a jury. Although based in Canberra, the AMC was able to conduct trials anywhere in Australian territories and overseas in operational areas where Australian forces were serving.
The constitutional validity of the Australian Military Court was successfully challenged in the High Court of Australia by a former Royal Australian NavyLeading Seaman, in the case Lane v Morrison commencing on 16 January 2009. In August 2005, the sailor and three other military personnel were on a recruitment drive in the Queensland town of Roma. After a game of golf and consumption of a quantity of beer, he was alleged to have "tea-bagged" a sergeant from the Australian Army, that is, placed his testicles on the man's forehead as he slept in a motel bed. Two years later, the Navy charged him with indecent assault on a superior officer, and he was scheduled to be tried before the Australian Military Court on 25 March 2008. On 26 August 2009, the High Court ruled that the Australian Military Court was not a Chapter III Court for the purposes of the Constitution of Australia, and that the legislation creating it was invalid as it was a court of record which " to exercise the judicial power of the commonwealth" by making binding and authoritative judgements independent of the Australian Defence Force chain of command.
Proposed Military Court of Australia
On 24 May 2010 the Australian Federal Government through the Attorney-General Robert McClelland and Defence MinisterJohn Faulkner announced a proposal for a new Military Court of Australia, to replace the interim measures put in place after the High Court invalidated the Australian Military Court in 2008. The court would have been independent of the military, with all court appointees having either past military experience or knowledge of the services. Faulkner stated that the proposed new specialist court would deliver "a system of military justice for ADF members that combines the necessary independence and constitutional protections for the judiciary with an understanding of the vital importance of military discipline in the operation of our armed forces. "Timely and fair trials in the new court will enhance military justice and promote discipline in the ADF, which in turn will contribute to improved morale and operational effectiveness. While judicial officers with knowledge of the military system are necessary, they may not be currently serving Defence Force or Reserve members. McClelland says these measures will ensure the court remains independent. "Judicial officers appointed to the new Military Court of Australia will have the same independence and constitutional protections that apply in other federal courts", he said. A bill setting out the shape and structure of the court was introduced to Parliament in 2012. The bill lapsed with the prorogation of Parliament for the 2013 Australian federal election and has not been reintroduced. In the absence of a military court, the current military justice system involves the use of courts martial and "Defence Force Magistrate" trials.
