The Australian military justice system is currently in flux. Major amendments made in 2006 have been reversed following a ruling in 2009 that the centrepiece of the proposed new regime, the Australian Military Court, was unconstitutional. Following this ruling, Australia reverted to the court martial system formerly in place. However, further changes are expected in future and draft legislation for extensive reform is listed for introduction to Parliament.

This section provides general information about the Australian legislative provisions relevant to the law of armed conflict, and then about the history and present state of the military justice system.

It should be noted that there have been very few allegations of violations of the law of armed conflict (LOAC) against members of the Australian Defence Force (ADF), so there is little concrete precedent in the area of investigations or prosecutions (see [83]-[85]below). Moreover, while there has been significant debate about the appropriate form of the military justice system, this debate has generally focused on how best to protect the rights of members of the ADF (as both alleged wrongdoers, and as victims) while maintaining military discipline, rather than on any need for greater responsiveness to allegations of wrongdoing perpetrated by members of the ADF against civilians or other individuals outside the ADF.

http://www.hamoked.org/files/2013/1157610_eng.pdf