Defence Force Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 1561

Defence Force Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903.

Dated 21 June 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Kim C. Beazley

Minister of State for Defence

 

Commencement

1. These Regulations shall come into operation on 3 July 1985.

2. The Defence Force Regulations are amended by adding at the end the following Part:

“PART XV—REDRESS OF GRIEVANCES

Interpretation

“74. (1) In this Part, unless the contrary intention appears, ‘complaint’ means a complaint made under sub-regulation 75 (1).

“(2) In this Part, a reference to the referral of a complaint is a reference to the referral of the complaint under this Part.

Making of complaint

“75. (1) Subject to this Part, where a member considers that he or she has a grievance concerning any matter relating to his or her service, the member may make a complaint to his or her commanding officer.

“(2) A complaint shall be in writing.

 

(S.R. 127/85) Cat. No. Recommended retail price 60c  14/7.6.1985

 

Referral of complaint

“76. A complaint made by a member may, in accordance with this Part, be referred in succession to—

(a) in the case of a member of the Navy

(i) the next superior officer, if any, to whom the member’s commanding officer is responsible;

(ii) the officer in charge of an operational sub-area or administrative area to whom the member’s commanding officer or that next superior officer, if any, is responsible; and

(iii) the Chief of Naval Staff;

(b) in the case of a member of the Army—

(i) the officer commanding the formation in which the member serves;

(ii) a formation commander, if any, superior in command to the commander of the formation in which the member serves; and

(iii) the Chief of the General Staff; or

(c) in the case of a member of the Air Force—

(i) the officer commanding the formation in which the member serves;

(ii) the officer commanding the command in which the member serves;

(iii) where the member is serving outside Australia or on war service in Australia—the officer in command of the force to which the member belongs; and

(iv) the Chief of the Air Staff.

Investigation of complaint

“77. (1) An officer to whom a complaint is made or referred shall investigate the complaint without undue delay or cause it to be investigated without undue delay.

“(2) Where an officer to whom a complaint by a member has been made or referred is satisfied—

(a) that the member has grounds for that complaint; and

(b) that the grievance to which the complaint relates—

(i) is capable of being redressed and is of a nature that is within his or her power to redress—the officer shall, without undue delay, cause that grievance to be redressed;

(ii) is capable of being redressed but is not of a nature that is within his or her power to redress—the officer shall, without undue delay, refer the complaint to an authority within whose power the officer believes redress lies; or

(iii) is not capable of being redressed but is of a nature that is within his or her power to redress—the officer shall, without undue delay, notify the member accordingly.

“(3) Where an officer to whom a complaint by a member has been made or referred

(a) is satisfied that the member has grounds for that complaint and that the grievance to which the complaint relates may be capable of being redressed but is not of a nature that is within his or her power to redress; or

(b) is satisfied that the member may have a grievance that is capable of being redressed but is not of a nature that is within his or her power to redress,

the officer shall, without undue delay—

(c) refer the complaint to an authority within whose power the officer believes redress of the grievance (if any) lies or may lie; or

(d) refer the complaint to the next officer (if any) to whom the complaint may be referred in accordance with regulation 76.

“(4) Where an officer to whom a complaint by a member has been made or referred is satisfied—

(a) that the member has no grounds for that complaint; and

(b) that the grievance to which the complaint relates

(i) is of a nature that is within his or her power to redress—the officer shall, without undue delay, notify the member accordingly; or

(ii) subject to sub-regulation (5), is not of a nature that is within his or her power to redress—the officer shall, without undue delay, refer the complaint to the next officer to whom the complaint may be referred in accordance with regulation 76.

“(5) Where, but for this sub-regulation, a complaint referred to in sub-paragraph (4) (b) (ii) would be referred by the officer to a chief of staff, the officer shall notify the member who made the complaint that that member has no grounds for that complaint.

Referral upon request

“78. Where a member who made a complaint is notified under sub-regulation 77 (2), (4) or (5) in relation to that complaint, the member may request the officer who gave that notification to refer the complaint to the next officer to whom that complaint may be referred in accordance with regulation 76, and upon receiving such a request, the officer shall refer the complaint forthwith accordingly.

Further referral of officers’ complaints

“79. (1) In this regulation, ‘officer’ includes warrant officer.

“(2) Where an officer who has made a complaint is notified by the appropriate chief of staff under sub-regulation 77 (2) or (4) in relation to that complaint, the officer may request the chief of staff to refer the complaint to the Chief of the Defence Force, and upon receiving such a request, the chief of staff shall refer the complaint forthwith to the Chief of the Defence Force.

Offences in relation to complaints

“80. A member shall not-

(a) prevent or dissuade, or attempt to prevent or dissuade, any member from making a complaint or from requesting the referral of a complaint;

(b) prevent or dissuade, or attempt to prevent or dissuade, a member from investigating a complaint, referring a complaint, redressing a grievance or taking any other action in relation to this Part; or

(c) cause a member to be victimized, penalized or in any way prejudiced for making a complaint or requesting the referral of a complaint.

Penalty: $500 or imprisonment for 3 months.

Delegation by chief of staff

“81. (1) A chief of staff may, by instrument, delegate to—

(a) in the case of the Chief of Naval Staff—an officer of the Navy who holds a rank not below the rank of Commodore;

(b) in the case of the Chief of the General Staff—an officer of the Army who holds a rank not below the rank of Brigadier; or

(c) in the case of the Chief of the Air Staff—an officer of the Air Force who holds a rank not below the rank of Air Commodore,

all or any of the powers of the chief of staff under this Part, other than this power of delegation.

“(2) A power so delegated, when exercised by the delegate, shall for the purposes of this Part, be deemed to have been exercised by the person delegating the power.

“(3) A delegation under sub-regulation (1) does not prevent the exercise of power delegated by the person delegating the power.

Grievances to which this Part does not apply

“82. Nothing in this Part authorizes a member to make a complaint in relation to—

(a) the member being aggrieved by a decision, judgment or order made by a civil or criminal court, a service tribunal or the Defence Force Discipline Appeal Tribunal; or

(b) an order made by a chief of staff under regulation 1 32a of the Naval Financial Regulations, regulation 294a of the Australian Military Regulations or regulation 515 of the Air Force Regulations.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 July 1985.

2. Statutory Rules 1952 No. 29 as amended to date. For previous amendments see Note 2 to Statutory Rules 1985 No. 88 and see also Statutory Rules 1985 Nos. 88, 118 and 131.

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