What are my rights if I am accused of a service offence?

In Plain English

If you're accused of a service offence, here's a breakdown of your rights:

Medical Treatment: If you're in custody and need medical attention, the Defence Force member in charge must take reasonable steps to get you that treatment Defence Force Discipline Act 1982.
Basic Needs: While in custody, you should receive reasonable refreshments and access to toilet facilities Defence Force Discipline Act 1982. If you're appearing before a service tribunal while in custody, you should be given a chance to wash/shower and change clothes Defence Force Discipline Act 1982.
Interpreter: If you don't speak English well or have a physical disability that hinders communication, questioning should only occur with an interpreter present, in a language you understand, or if immediate questioning is needed to prevent death, serious injury, or property damage Defence Force Discipline Act 1982.
Voluntary Confession: Any confession you make to an investigating officer must be voluntary to be used against you. Confessions obtained through violence, threats, or inducements that could lead to a false confession are not considered voluntary Defence Force Discipline Act 1982.
Caution: After being charged, you must be cautioned (preferably in writing and orally) that you don't have to answer questions and that anything you say can be used as evidence Defence Force Discipline Act 1982.
Limited Questioning After Charge: After being charged, you can only be asked questions to clarify previous answers or questions duly asked according to the Defence Force Discipline Act 1982.
Right to Refuse Specimen: You can refuse to give a specimen, but this refusal is a service offence, unless you have a reasonable excuse Defence Force Discipline Act 1982.
Notice of Charge: You are entitled to a notice that identifies the legislation you are alleged to have breached, the elements of your alleged offences and any statutory defenses available to you Summary Authority Rules 2019.
Legal Advice: You have the right to seek legal advice about the charges against you Summary Authority Rules 2019.

Detailed Explanation

When accused of a service offence, several rights are afforded to the accused under the Defence Force Discipline Act 1982 and related regulations. These rights aim to ensure fair treatment and due process:

Medical Treatment (Section 101H(3)): If a person in custody: (a) informs a member of the Defence Force that they require medical treatment for an illness or injury; or (b) the member has reasonable grounds to believe the person requires medical treatment; the member must take reasonable action to provide medical treatment Defence Force Discipline Act 1982.
Basic Needs (Section 101H(4) and (5)): The investigating officer must ensure the person in custody receives reasonable refreshments and access to toilet facilities. If the person is to appear before a service tribunal, the investigating officer must take reasonable steps to ensure they have facilities to wash/shower and change clothes Defence Force Discipline Act 1982.
Interpreter (Section 101H(6)): If the investigating officer believes the person cannot communicate fluently in English due to language or physical disability, questioning is restricted unless an interpreter is present, questioning occurs in a language both understand, or immediate questioning is necessary to prevent death, serious injury, or property damage Defence Force Discipline Act 1982.
Voluntary Confession (Section 101J): Confessional evidence is inadmissible unless the service tribunal or judge advocate is satisfied the confession was made voluntarily. A confession obtained through physical violence, threats, or inducements likely to cause a false confession is deemed involuntary Defence Force Discipline Act 1982.
Caution (Section 101S): Immediately after a person in custody is charged with a service offence, the investigating officer must caution the person, in a language they understand, that they are not obliged to answer questions and that anything they say may be used as evidence Defence Force Discipline Act 1982.
Questioning Restrictions (Section 101T): After being charged, an investigating officer cannot ask any questions related to the service offence, except to clarify previous answers or questions duly asked in accordance with this section Defence Force Discipline Act 1982.
Refusal of Specimen (Section 101Q): While an investigating officer can request a specimen for analysis, a person can refuse. However, refusing or failing to submit to the taking of the specimen or to do any act reasonably necessary to enable the specimen to be taken constitutes an offence, unless the person proves a reasonable excuse Defence Force Discipline Act 1982.
Notice of Charge (Schedule 1): You are entitled to a notice that identifies the legislation you are alleged to have breached, the elements of your alleged offences and any statutory defenses available to you Summary Authority Rules 2019.
Legal Advice (Schedule 1): You have the right to seek legal advice about the charges against you [Summary Authority Rules 2019](docid=3].