Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsIn this instrument:
"abuse" , in relation to a complainant, includes:
(a) sexual abuse of the complainant; and
(b) serious physical abuse of the complainant; and
(c) ser ious bullying or harassment of the complainant.
"Act" means the Ombudsman Act 1976 .
"administrative head" of a court has the meaning given by the Court Security Act 2013 .
"amendment day" means the day on which the Ombudsman Amendment (Functions of the Defence Force Ombudsman) Regulations 2 017 commenced.
"complainant" includes:
(a) a person who is or was a member of the Defence Force; and
(b) a person who is or was an APS employee deployed outside Australia:
(i) in connection with an operation of the Defence Force; or
(ii) for the purpose of capacity - building or peacekeeping functions by the Defence Force; and
(c) a person who is or was contracted to provide services outside Australia:
(i) in connection with an operation of the Defence Force; or
(ii) for the purpose of capacity - building or peacekeeping functions by the Defence Force.
"court" has the meaning given by the Court Security Act 2013 .
"Defence Abuse Response Taskforce" means the t askforce established by the then Attorney - General and Minister for Defence to respond to complaints of sexual and other forms of abuse by Defence personnel alleged to have occurred before 11 April 2011.
"Defence Department" means the Department administered by the Minister administering section 1 of the Defence Act 1903 .
"Defence Force" has the same meaning as in subsection 4(1) of the Defence Act 1903 .
"Defence Secretary" means the Secretary of the Defence Department.
"Determination 2017/06" means the instrument made by the Remuneration Tribunal under Division 4 of Part II of the Remuneration Tribunal Act 1973 that is known as Determination 2017/06: Departmental Secretaries - Classification Structure and Terms and Conditions, as in force when this instrument commenced.
"excluded complaint" means a complaint that:
(a) was previously made to, and dealt with by, the Defence Abuse Response Taskforce; or
(b) is the same in substance as a complaint that was previously made to, and dealt with by, the Defence Abuse Response Taskforce.
"member of Defence" , in relation to a complaint of abuse, includes a person who, at the time the abuse is alleged to have occurred:
(a) was a member of the Defence Force; and
(b) was an APS employee deployed outside Australia:
(i) in connection with an operation of the Defence Force; or
(ii) for the purpose of capacity - building or peacekeeping functions by the Defence Force; and
(c) was contracted to provide services outside Australia:
(i) in connection with an operation of the Defence Force; or
(ii) for the purpose of capacity - building or peacekeeping functions by the Defence Force.
"National Preventive Mechanism Network" means the persons and bodies separately appointed or established by the Commonwealth and each State and Territory to give effect to Australia's obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
"new complaint" has the meaning given by subsection 14(1A).
"old complaint" has the meaning given by subsection 14B(2).
"restorative engagement conference" means a process facilitated by the Defence Force Ombudsman or another person in which a complainant engages with a member of Defence to have their complaint of abuse acknowledged.