Better care She's back - Department of Defence

2 November 8, 2012
NEWS
Show of justice
and integrity
AS PART of Navy’s commitment to
being a values-based organisation,
Navy News will begin printing the outcomes
of Court Martial and Defence
Force Magistrate trials for all three
services.
CN VADM Ray Griggs said
publishing the outcomes of Courts
Martial and trials would demonstrate
to everyone in Navy that people
were being held to account.
“I have had consistent feedback
from across all ranks in the Navy
that there is a very strong desire to
see evidence that we are holding
people to account.
“That is why we have been publishing
the Thumbs Up, Thumbs
Down section of Navy News for a few
months now. This initiative is an
extension of that practice,” CN said.
“I encourage all of you to live
by our values and New Generation
Navy signature behaviours and to set
a positive example to those around
you.”
Published results will have
personal information removed, in
accordance with privacy provisions.
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www.unsw.adfa.edu.au
NEW BEGINNING: Starting this edition, the monthly results of trials by
Defence Force Magistrate and courts martial will be published regularly
in Navy News. Image has been digitally altered
Modes of Study
Courses are available via distance or intensive
delivery mode.
Program participants can tailor their program
in a flexible learning education environment
to suit their experience and background and
focus their studies in areas best suited to
their workplace and career aspirations.
Applications
Applications for session 1 close 20th January 2013
Apply online www.unsw.adfa.edu.au/pg_apply/
If you require more information about these
programs please contact:
Mrs Vera McLuckie
Telephone: +61 2 6268 8255
Email: seit.studentmailbox@adfa.edu.au
Web: seit.unsw.adfa.edu.au/pm
CRICOS Provider Number: 00100G
IN SEPTEMBER, seven charges heard
by courts martial involved either
a member committing an act that
prejudiced the discipline of, or brought
discredit on, the ADF contrary to subsection
60(1) of the Defence Force
Discipline Act (DFDA), or a member
omitting to perform an act that, in turn,
prejudiced the discipline of, or brought
discredit on, the ADF contrary to subsection
60(1A) of the DFDA.
Members should be aware that not
only can poor behaviour or bad conduct
be charged as prejudicial conduct under
the DFDA, but so too can the failure to
perform in a manner expected of them.
For example, a charge of prejudicial
conduct under subsection 60(1) may
be laid when a member, after a function
and while in uniform, is intoxicated and
NCO
Restricted
Court Martial
One charge prejudicial
conduct – DFDA s.60(1)
One charge prejudicial
conduct by omission – DFDA
s.60(1A)
Other ranks
Restricted
Court Martial
Two charges inflicting actual
bodily harm – DFDA s.61(3)
and Crimes Act 1900 (ACT)
s.23(1)
NCO
Restricted
Court Martial
One charge assaulting a
subordinate – DFDA s.34
Three charges prejudicial
conduct – DFDA s.60(1)
Two charges prejudicial
conduct by omission – DFDA
s.60(1A)
Other ranks
Restricted
Court Martial
One charge assault
occasioning actual bodily
harm – DFDA s.61(3) and
Crimes Act 1900 (ACT)
s.24(1)
Other ranks
Defence Force
Magistrate
One charge obtaining a
financial advantage – DFDA
s.61(3) and Criminal Code
Act 1995 s.135.2
One charge falsifying a
service document – DFDA
s.55(1)(a)
performs an anti-social or offensive act
in a public place. Alternatively, a member
may be charged under subsection
60(1A) if, during a training course, he
or she fails to discharge duties associated
with a particular appointment
which he or she may hold.
A member should only be charged
with prejudicial conduct when another
more specific offence in the DFDA is not
appropriate.
For example, a member could be
charged with prejudicial conduct if, during
a lunch-break and while in uniform,
he or she insults another person while
at the shops outside the base. However,
a more appropriate charge against the
member would be under subsection
33(d) of the DFDA (using insulting or
provocative words to another person).
SEPTEMBER TRIAL RESULTS
�
PREJUDICIAL BEHAVIOUR EXPLAINED
The member was accused of speaking and
behaving inappropriately to subordinates
and failing to uphold values and complete
tasks required.
The member pleaded guilty to both
charges and was found guilty of both.
The member was reduced in rank on both
charges.
The member was accused of igniting a fire
which caused burn injuries to two others.
The member pleaded guilty to both
charges and was found guilty of both.
In relation to the first charge, the member
received a suspended fine of $3123.
In relation to the second charge, the
member forfeited seniority and received a
suspended fine of $1041.
The member was accused of
inappropriately touching a subordinate,
making inappropriate comments to
subordinates, telling a subordinate not
to speak to the chain of command about
the member’s unacceptable conduct and
failing to uphold values and complete tasks
required.
The member pleaded not guilty to all
charges. The member was found guilty on
two charges of prejudicial conduct and one
charge of prejudicial conduct by omission.
The member was found not guilty of the
remaining charges.
In relation to the guilty charges, the
member:
Was reduced in rank and forfeited seniority.
Was reprimanded and fined $2000, of
which $1500 was suspended.
Was fined $2000, of which $1000 was
suspended and the remainder required to
be repaid in fortnightly instalments.
The member was accused of punching
another individual in the face, causing
injury.
The member pleaded guilty and was found
guilty.
The member was sentenced to detention
for 28 days, which was suspended.
The member was accused of knowingly
receiving a rate of rental allowance to
which he was not entitled and signing an
associated service document with the
intent to deceive others.
The member pleaded not guilty to both
charges and was found guilty of both.
The member was sentenced to detention
for 60 days for each offence, with the
periods to be served concurrently.
THUMBS UP/THUMBS DOWN
EVENT: The ship’s company of HMAS
Melbourne was kept busy fundraising
during its deployment earlier this year.
OUTCOME: The officers and sailors
raised more than $22,700 during
the six-month deployment. Charities
supported included Kids Cancer Cure,
Alzheimer’s Research and Legacy.
�EVENT: An able seaman
was involved in a number
of instances of excessive
alcohol abuse and a range
of disciplinary offences.
OUTCOME: The
member’s service was
terminated.