Defence Force Discipline Appeals Act 1955

An appellant or Chief of the Defence Force or a service chief may appeal to the Federal Court of Australia on a question of law involved in a decision of the Tribunal in respect of an appeal under this Act, not being a decision given by a single member exercising the powers of the Tribunal.

An appeal under subsection (1) shall be instituted not later than the twenty‑eighth day after the day on which a copy of a document setting out the terms of the decision of the Tribunal is furnished to the person or within such further time as the Federal Court of Australia (whether before or after the expiration of that day) allows.

The Federal Court of Australia has jurisdiction to hear and determine matters arising under this section with respect to which appeals are instituted in that Court in accordance with this section and that jurisdiction shall be exercised by that Court constituted as a Full Court.

The Federal Court of Australia shall hear and determine the appeal and may make such order as it thinks appropriate by reason of its decision.

Without limiting by implication the generality of subsection (4), the orders that may be made by the Federal Court of Australia on an appeal include:

an order affirming or setting aside the decision of the Tribunal;

an order remitting the case to be heard and decided again by the Tribunal in accordance with the directions of the Court;

an order granting a new trial by a court martial or a Defence Force magistrate; and

where the Court sets aside a decision of the Tribunal quashing a conviction or quashing a prescribed acquittal—an order reinstating the conviction or the prescribed acquittal, as the case may be.