Melbourne Law School - Theses

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Start date: 2010 × End date: 2022 × Type: Masters Coursework thesis × Subject: Australian Defence Force ×

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    A Soldier By Any Other Name: a reappraisal of the "Citizen in Uniform' in light Part IIIAAA of the Defence Act 1903 (Cth)
    White, Samuel ( 2019)
    Use of the military domestically, whilst aiding the civil authority, has been subject to sporadic commentary due to its limited use in Australia. With the statutory reforms in 2019, it is likely that the Australian Defence Force will increasingly be used. This thesis canvasses the citizen in uniform doctrine, and asks whether it is still appropriate in light of the powers and circumstances surrounding Part IIIAAA of the Defence Act 1903. Finding that it is no longer appropriate, and that an extra-legal status should exist, the thesis then addresses the question of jurisdiction for prosecutions.