Commonwealth Numbered Regulations

1985 No. 156 DEFENCE FORCE REGULATIONS (AMENDMENT) - REG 2

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. 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 132A of the Naval
        Financial Regulations, regulation 294A of the Australian Military
        Regulations or regulation 515 of the Air Force Regulations.".
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