Commonwealth Numbered Regulations

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DEFENCE REGULATION 2016 (F2016L01568) - REG 40

Making a complaint

             (1)  A member may make a complaint under this Part if the member considers:

                     (a)  that a decision, act or omission in relation to the member's service is adverse or detrimental to him or her; and

                     (b)  that the adverse or detrimental effect of the decision, act or omission is capable of being redressed by:

                              (i)  the Chief of the Defence Force, or another member of the Defence Force; or

                             (ii)  the Secretary or an employee of the Department; or

                            (iii)  a delegate of, or a person authorised by, the Chief of the Defence Force or Secretary.

             (2)  However, a member must not make a complaint under this Part in relation to any of the following:

                     (a)  a decision or act under this Part, or an omission to make a decision or do an act under this Part;

                     (b)  a decision, act or omission of the Inspector-General ADF;

                     (c)  a decision, report, finding or recommendation of an inquiry under the Defence (Inquiry) Regulations 1985 ;

                     (d)  a decision to give, or not to give, a particular assessment, grade or rating as the result of a performance appraisal;

                     (e)  a decision, judgment or order made by a civil or criminal court, a service tribunal or the Defence Force Discipline Appeal Tribunal;

                      (f)  a liability arising under section 68 or 69 of the Public Governance, Performance and Accountability Act 2013 ;

                     (g)  an act that is part of the administrative process for making a decision, other than as part of a complaint about the decision.



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