Implanting miltary rights and wrongs

Title: Implanting military rights and wrongs

Presenter: Rob Nicholls

Abstract: This article considers the issues that arise in the potential conflict of rights and curtailed rights under “military law”. It focuses on the matters that arise when services personnel are implanted with technologies such as radio frequency identification (RFID) devices. The work presented is based on Australian law. It shows that, based on statute and case law, compulsory RFID implantation of RFID devices for military personnel is likely to be enforceable.

Cases:

Lane v Morrison [2009] HCA 29

Military Rehabilitation and Compensation Commission v May [2016] HCA 19

White v Director of Military Prosecutions [2007] HCA 29

Haskins v The Commonwealth [2011] HCA 28

Re Colonel Aird; Ex parte Alpert [2004] HCA 44

Nicholas v The Commonwealth [2011] HCA 29

Working Paper:

Biography: Dr Rob Nicholls is a lecturer in business law at the UNSW Business School and is a research fellow at the Centre for Law, Markets and Regulation in the UNSW Law School. His research interests encompass competition law and policy as well as the regulation of networked industries and the financial services sector. Before this appointment, Rob was a research fellow at the Centre for International Finance and Regulation and at Swinburne University of Technology. He is also a visiting fellow at UTS Sydney Law. Rob has had a thirty-year career concentrating on competition, regulation and governance, particularly in networked industries and his first degree was in electronics engineering. Before moving to academia, he worked for Webb Henderson, the ACCC and spent twelve years as a client-facing consultant at Gilbert + Tobin. Rob is an accredited mediator and the Independent Telecommunications Adjudicator.

Affiliation: School of Taxation and Business Law UNSW Business School; Visiting fellow at UTS Sydney Law

Email: r.nicholls@unsw.edu.au

Twitter: @rob2037