Defence Force Regulations (Amendment) 1995 No. 69
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 69
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
DEFENCE ACT 1903
DEFENCE FORCE REGULATIONS (AMENDMENT)
The Defence Force Regulations (the Principal Regulations) made under the Defence Act 1903, prescribe various matters relating to the organisation and administration of the Defence Force.
Part XV of the Principal Regulations deals with. procedures under which members of the Defence Force may seek redress of grievances about matters relating to their service. Under regulation 75 in Part XV, a member who considers that he or she has a grievance may make a complaint to his or her commanding officer. Other regulations in Part XV deal with aspects of the redress of grievances made by individual members of the Defence Force.
Prior to amendment, regulation 76 in Part XV set out a multi-level chain of referral within each Service to deal successively with a member's complaint. The final referral level under regulation 76 was the relevant chief of staff. Also in Part XV, regulations 77 and 78 set out aspects of the investigation and redress of grievances within these chains of referral, including the circumstances in which a grievance was referred to a higher authority. In addition, regulation 79 provided for the further referral of complaints by officers from the relevant chief of' staff to the Chief of the Defence Force.
Operation in accordance with these provisions proved cumbersome and led to delays in the consideration and resolution of redress claims. The referral chain has therefore been simplified. This has been achieved by replacing regulation 76 with a new provision which provides that, where a member is not satisfied with the commanding officer's decision, the member is entitled to refer the complaint from his or her commanding officer directly to the relevant chief of staff. The administrative arrangements within each of the Services for processing complaints will be covered in Defence Instructions made under section 9A of the Defence Act 1903.
In addition, this new provision provides for the referral of complaints from members of the Defence Force to the Vice Chief of the Defence Force where those members are in a unit or organisation that is drawn from more than one of the Services and that body is directly responsible to Headquarters Australian Defence Force. This avenue of referral will not be available if the complaint is connected only with the member's parent Service.
The Regulations make the necessary changes to regulation 76.
As a consequence of the simplification in regulation 76, the Regulations omit regulations 77 and 78. Those regulations reflected the multi-level referral chain which is no longer specified in regulation 76. A new regulation 77 requires that the officer to whom a complaint has been made or referred investigate the complaint, or cause it to be investigated, without delay. The officer must also notify the member of the results of the investigation without delay.
Another consequence of the simplification of the referral chain in regulation 76 is that regulation 79 is amended. Previously, regulation 79 entitled a member who is an officer (which is defined for this purpose to include a warrant officer) to have his or her complaint referred by a chief of staff to the Chief of the Defence Force under certain specified circumstances. The amended regulation 79 enables an officer (including a warrant officer) who is not satisfied with the result of a referral under regulation 76 to the chief of staff or the Vice Chief of the Defence Force to refer the complaint to the Chief of the Defence Force.
Regulation 81 enables a chief of staff to delegate his or her powers under Part XV of the Regulations to an officer not below the rank of Commodore in the Navy (or its equivalent in the other services). The Regulations insert a new subregulation 81(1A) which enables the Chief of the Defence Force and the Vice Chief of the Defence Force to delegate their powers under the amended Part XV to officers not below the rank of Commodore in the Navy (or its equivalent in the other Services).
The Regulations come into operation on the date of gazettal.
Overview
The Defence Force Regulations (Amendment) 1995 No. 69, issued under the authority of the Minister for Defence Science and Personnel, amends the Defence Force Regulations made under the Defence Act 1903. This amendment was introduced to address the inefficiencies and delays experienced in the redress of grievances process for Defence Force members. The principal issue with the previous regulations was the cumbersome multi-level referral chain, which often resulted in significant delays in resolving complaints. To streamline the process, the amendments simplify the referral chain by allowing members to bypass their commanding officer and directly refer their complaints to the relevant chief of staff if they are dissatisfied with the initial decision. This change aims to expedite the handling of grievances and improve the overall efficiency of the redress process within the Defence Force. The new regulations also modify other related provisions to align with the simplified referral structure.
Scope and Application
The Defence Force Regulations (Amendment) 1995 No. 69, issued under the authority of the Minister for Defence Science and Personnel and made under the Defence Act 1903, amend the Defence Force Regulations to streamline the process for members of the Defence Force to seek redress of grievances. These Regulations apply to all members of the Defence Force, including officers and warrant officers, and pertain to the procedures for lodging and resolving complaints regarding service-related issues. The amendments focus on simplifying the referral chain for grievances, thereby expediting the consideration and resolution of such complaints. The changes involve the replacement of the previous multi-level referral process with a direct referral to the relevant chief of staff if a member is dissatisfied with the commanding officer's decision. Additionally, complaints from members in units or organisations that span more than one service can be referred to the Vice Chief of the Defence Force, unless the complaint pertains solely to the member's parent service. These Regulations extend to all members of the Defence Force across Australia, and the amendments come into effect upon gazettal. The Regulations also allow for delegation of powers to officers of a certain rank, facilitating the administration of these grievance procedures.
Key Provisions
The Defence Force Regulations (Amendment) 1995 No. 69 primarily revises the procedures for handling grievances within the Defence Force, particularly under Part XV which pertains to redress of grievances. Regulation 76, which previously outlined a multi-level chain of referral for complaints, has been replaced by a streamlined process. Now, if a member is dissatisfied with the decision of their commanding officer, they can directly refer their complaint to the relevant chief of staff (regulation 76). Furthermore, members from units or organisations drawn from more than one service and directly responsible to Headquarters Australian Defence Force can refer their complaints to the Vice Chief of the Defence Force, except where the complaint pertains solely to the member's parent service. This amendment aims to reduce delays and streamline the complaint process.
The amended regulations impose specific obligations on Defence Force members and officers. Members are now entitled to refer their grievances directly to the chief of staff or the Vice Chief of the Defence Force if they are not satisfied with the initial decision of their commanding officer (regulation 76). Officers to whom a complaint is referred, including those designated by the chief of staff or the Vice Chief of the Defence Force, must investigate the complaint promptly and communicate the results to the complainant without delay (regulation 77). Additionally, chiefs of staff, the Chief of the Defence Force, and the Vice Chief of the Defence Force have the authority to delegate their powers to officers of at least the rank of Commodore in the Navy or equivalent in other services (regulation 81).
Breaches of the Defence Force Regulations (Amendment) 1995 No. 69 may have civil or criminal consequences, although the specific penalties are not detailed in the text. Generally, non-compliance with Defence Force regulations can lead to administrative actions, disciplinary measures, or even criminal charges depending on the nature and severity of the breach. For instance, failure to properly investigate or communicate the results of a grievance could lead to internal disciplinary action, while more serious breaches might result in legal proceedings. The exact penalties would be determined based on the specific circumstances and the relevant laws governing Defence Force conduct and discipline.