EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 156
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE REGULATIONS (AMENDMENT)
The Defence Force Regulations (“the Regulations”), made under the Defence Act 1903 (“the Act”), prescribe various matters relating to the administration of the Defence Force.
Background
Formerly, the Navy, Army and Air Force had separate procedures whereby a member with a grievance could state that complaint to that member’s superiors, in ascending succession of rank as far as the relevant chief of staff. In respect of each service, these procedures were embodied in the following legislation (“the former provisions”):
Navy. Queen’s Regulations and Admiralty Instructions (UK), in their application to the Navy by section 34 of the Naval Defence Act 1910.
Army. Australian Military Regulation 194.
Air Force. Air Force Regulation 153.
New regulations of tri-Service application are being introduced, and the former provisions are being repealed concurrently.
Amendments of the Defence Force Regulations
This Statutory Rule amends the Regulations to introduce provisions of tri-Service application prescribing procedures, through a chain of officers in ascending rank, for the consideration of grievances and redress of those grievances where appropriate. In the case of officers and warrant officers, the new provisions extend the redress chain as far as the Chief of the Defence Force.
Regulation 1 of the Statutory Rule provides that the amendments come into operation on 3 July 1985.
Regulation 2 of the Statutory Rule amends the Regulations by inserting Part XV - REDRESS OF GRIEVANCES, consisting of regulations 74-82 inclusive.
Regulation 74 clarifies the interpretation of Part XV.
Regulation 75 provides that where a member considers that he or she has a grievance, that member may make a complaint, in writing, to his or her commanding officer.
Regulation 76 prescribes a chain of officers through whom a member’s complaint may be referred in turn culminating with the appropriate chief of staff.
Regulation 77 provides that an officer to whom a complaint is referred shall investigate the complaint without undue delay. Sub-regulation 77(2) provides that, where that officer considers that there is grounds for the complaint, and that the complaint is capable of being redressed, the officer may redress the grievance if it is within his or her power to do so, or refer it to an authority with that power. Sub-regulation 77(2) also enables such an officer, dealing with a complaint of a nature that is within that officer’s powers to redress, to notify a complainant where the officer considers that the grievance is not capable of being redressed.
Sub-regulation 77(3) provides for circumstances where it is not readily apparent to the officer whether or not the complaint has grounds, or whether or not the complaint may be capable of being redressed; in these circumstances the officer shall refer the complaint to an authority within whose power redress may lie, or (except where that officer is a chief of staff) refer the complaint to the next officer in the redress chain.
Sub-regulation 77(4) provides that, where the officer considers that there are no grounds for a complaint, he or she may notify the member accordingly, provided the complaint is of a nature that is within the officer’s power to deal with. Where in these circumstances the complaint is not of a nature that is within his or her power to deal with, the officer shall refer the complaint to the next officer in the redress chain, unless that next officer is a chief of staff, in which case the officer shall notify the member accordingly.
Regulation 78 provides that, where a complainant is notified under sub-regulations 77(2), (4) or (5), that complainant may request that the complaint be referred to the next officer in the redress chain.
Regulation 79 provides that, where an officer or warrant officer is notified under sub-regulation 77(2) or (4) by a chief of staff, that officer or warrant officer may request the chief of staff to refer the complaint to the Chief of the Defence Force.
Regulation 80 makes it an offence for a member to prevent or dissuade a member from making or investigating a complaint, or to cause a member to be victimized, penalized or prejudiced for making a complaint; a penalty of $500 or 3 months imprisonment is prescribed.
Regulation 81 provides a chief of staff with the power to delegate, to officers not below specified ranks, powers and functions conferred by this Part of the Regulations.
Regulation 82 provides that a complaint may not be made in relation to a decision by a court or service tribunal in civil or defence disciplinary proceedings, or in relation to deductions from salary under Service financial regulations as a result of a member’s negligence or misconduct.
Commencement
The amendments come into operation on 3 July 1985.