Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 139

General rule

             (1)  Subject to subsections (2) and (5), a hearing before a service tribunal shall be held in the presence of the accused person.

             (2)  If a service tribunal or, if the service tribunal is a court martial, the President of the court martial considers that, by reason of the disorderly behaviour of the accused person, it is impossible to continue the hearing in his or her presence, the tribunal or President may order that the accused person be removed from the place of hearing and be held in custody elsewhere.

          (2A)  The President must not make an order under subsection (2) unless the President has first consulted the judge advocate.

Exception--trial by summary authority

             (3)  If:

                     (a)  a charge is to be tried by a summary authority; and

                     (b)  because of exceptional circumstances, the accused person is unable to attend the hearing of the charge; and

                     (c)  the accused person pleads guilty to the charge in writing before the hearing;

the accused person may apply in writing to the summary authority for an order permitting the accused person not to be present at the hearing.

             (4)  The summary authority may make an order permitting the accused person not to be present at the hearing if the authority:

                     (a)  is satisfied that the accused person understands the effect of the plea; and

                     (b)  considers that exceptional circumstances exist.

             (5)  If the summary authority makes an order under subsection (4), the summary authority must proceed with the trial of the charge by considering, without holding a hearing, the documents or other material provided to the summary authority in relation to the charge.