The Federal Government has announced a new federal court to deal with military matters.
Attorney-General Robert McClelland and Defence Minister John Faulkner announced the creation of the Military Court of Australia, which replaces the interim measures put in place after the High Court invalidated the Australian Military Court in 2008.
Senator Faulkner says the court will be independent of the military, but all court appointees will either have past military experience or knowledge of the services.
"This new specialist court will deliver a system of military justice for ADF members that combines the necessary independence and constitutional protections for the judiciary with an understanding of the vital importance of military discipline in the operation of our armed forces," he said.
"Timely and fair trials in the new court will enhance military justice and promote discipline in the ADF, which in turn will contribute to improved morale and operational effectiveness.
While judicial officers with knowledge of the military system are necessary, they may not be currently serving Defence Force or Reserve members.
Mr McClelland says these measures will ensure the court remains independent.
"Judicial officers appointed to the new Military Court of Australia will have the same independence and constitutional protections that apply in other federal courts," he said.
The shape and structure of the court is expected to be finalised and introduced to Parliament this year, with the court expected to begin operating in late 2011.
