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(From Canberra Times)
T HE REPORT of the Senate Committee inquiry into the effectiveness of Australia's military justice system addresses both the administrative law systems applying to the ADF and the force's disciplinary code.
Most commentary on the report has unfortunately conflated and confused both aspects, or has focused on various aspects in isolation, often in a highly personalised manner.
Moreover, the key reason as to why we have a defence force disciplinary code has largely been missed - to ensure the force's operational effectiveness.
The report's overall conclusion is that the administrative law system is fundamentally broken and that the disciplinary code needs reform in many areas. The committee notes that a number of common faults bedevil both systems, including inordinate delays, inadequate resources, poor quality investigations, conflicts of interest with command responsibilities, and an overall lack of …