Commonwealth Consolidated Acts

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DEFENCE ACT 1903 - SECT 110C

Functions of the Inspector - General ADF

  (1)   The Inspector - General ADF has the following functions:

  (a)   to inquire into or investigate matters concerning the military justice system;

  (b)   to conduct performance reviews of the military justice system, including internal audits, at the times and in the manner the Inspector - General ADF considers appropriate;

  (c)   to advise on matters concerning the military justice system, including making recommendations for improvements;

  (d)   to promote military justice values across the Defence Force;

  (e)   if directed by the Minister to do so--to inquire into or investigate a matter concerning the Defence Force;

  (f)   if directed by the Chief of the Defence Force to do so--to inquire into or investigate a matter concerning the Defence Force;

  (g)   such functions as are prescribed by the regulations;

  (h)   such functions as are conferred on the Inspector - General ADF by or under this Act;

  (i)   such functions as are conferred on the Inspector - General ADF by or under any other law of the Commonwealth;

  (j)   to do anything incidental or conducive to the performance of any of the above functions.

Note:   Subsection   (4) limits the functions that may be prescribed by regulations made for the purposes of paragraph   (g).

  (3)   The function referred to in paragraph   (1)(a) includes the following:

  (a)   carrying out preliminary assessments as to whether an inquiry or investigation should be conducted by the Inspector - General ADF;

  (b)   referring matters to other appropriate authorities to be dealt with.

  (4)   Regulations made for the purposes of paragraph   (1)(g) must not prescribe a function unless the function relates to:

  (a)   the military justice system; or

  (b)   complaints made by members of the Defence Force, where the relevant complaint is about a decision, act or omission in relation to the member's service in the Defence Force; or

  (c)   deaths of members of the Defence Force, where the relevant death appears to have arisen out of, or in the course of, the member's service in the Defence Force.

  (5)   To avoid doubt, a function prescribed by regulations made for the purposes of paragraph   (1)(g) may be to inquire into or investigate a matter mentioned in paragraph   (4)(b) or (c).

  (6)   Subsection   (5) does not limit paragraph   (1)(g).

Note:   The regulations may make provision in relation to the procedures and powers of the Inspector - General ADF in respect of the performance of the Inspector - General ADF's functions (see paragraph   124(1)(h)).


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