Defence Force Discipline Appeals Act 1955

Subject to subsection (5), where in an appeal it appears to the Tribunal:

that the conviction or the prescribed acquittal is unreasonable, or cannot be supported, having regard to the evidence;

that, as a result of a wrong decision on a question of law, or of mixed law and fact, the conviction or the prescribed acquittal was wrong in law and that a substantial miscarriage of justice has occurred;

that there was a material irregularity in the course of the proceedings before the court martial or the Defence Force magistrate and that a substantial miscarriage of justice has occurred; or

that, in all the circumstances of the case, the conviction or the prescribed acquittal is unsafe or unsatisfactory;

Subject to subsection (5), where in an appeal it appears to the Tribunal that there is evidence that:

was not reasonably available during the proceedings before the court martial or the Defence Force magistrate;

is likely to be credible; and

would have been admissible in the proceedings before the court martial or the Defence Force magistrate;

Subject to subsection (5), where in an appeal against a conviction it appears to the Tribunal that the court martial or the Defence Force magistrate should have found that the appellant was not responsible for a service offence, because at the time of carrying out the conduct constituting the offence the appellant was suffering from a mental impairment, the Tribunal must:

allow the appeal and quash the conviction; and

substitute for the quashed conviction an acquittal because of mental impairment; and

direct that the appellant be kept in strict custody until the pleasure of the Governor‑General is known.

Where in an appeal it appears to the Tribunal that the court martial or the Defence Force magistrate should have found that the appellant, because of suffering from a mental impairment, was not able to understand the proceedings against the appellant and accordingly was unfit to plead, the Tribunal must:

allow the appeal; and

quash the conviction or prescribed acquittal; and

direct that the appellant be kept in strict custody until the pleasure of the Governor‑General is known.

The Tribunal shall not quash a conviction under subsection (3) or (4) if there are grounds for quashing the conviction under subsection (1) or (2).

Section 194 of the Defence Force Discipline Act 1982 applies to a direction under subsection (3) or (4) of this section as if that direction were a direction to which that section applied.