High Court of Australia

White v Director of Military Prosecutions [2007] HCA 29

231 CLR 570; 81 ALJR 1259; 235 ALR 455

19 Jun 2007

Case Number: S312/2006

Before

Gleeson CJ, Gummow, Kirby, Hayne, Callinan, Heydon, Crennan JJ

Catchwords

Constitutional law (Cth) – Defence - Offences by defence members - Service offences - The Defence Force Discipline Act 1982 (Cth) created a range of offences based on offences against the laws of the Australian Capital Territory, and provided for trial and punishment of these offences exclusively by service tribunals - Whether trials for these offences require an exercise of the judicial power of the Commonwealth within the meaning of Ch III of the Constitution - Whether service tribunals can validly exercise jurisdiction over service offences.

Defence and war – Offences by defence members - Service offences - The Defence Force Discipline Act 1982 (Cth) created a range of offences based on offences against the laws of the Australian Capital Territory, and provided for trial and punishment of these offences exclusively by service tribunals - Whether trials for these offences require an exercise of the judicial power of the Commonwealth within the meaning of Ch III of the Constitution - Whether service tribunals can validly exercise jurisdiction over service offences.

Words and phrases – "essentially disciplinary", "exclusively disciplinary", "service offence", "Territory offence", "the judicial power of the Commonwealth".

Constitution – Ch III, ss 51(vi), 71, 75(v), 76(ii), 77(i), 80.

Defence Force Discipline Act 1982 (Cth) – ss 33(a), 61, 114(3), 115, 129, 190.

Crimes Act 1900 (ACT) – s 60.

Defence Force Discipline Appeals Act 1955 (Cth) – s 52.
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