Document ID: chunk:federal_register_of_legislation:F2025C00012:reg:14:p1
Version: federal_register_of_legislation:F2025C00012
Segment Type: reg
Provision Reference: reg 14 (pt 1/2)
Character Range: 11061–13800

14  Conferral of functions on Defence Force Ombudsman—new complaints etc.
 (1) For the purposes of paragraph 19C(1)(a) of the Act, the Defence Force Ombudsman has:
 (a) the function of taking appropriate action to respond to a new complaint of abuse made by a complainant if the Defence Force Ombudsman is satisfied that the abuse is reasonably likely to have occurred, including any of the following actions:
 (i) facilitating counselling for the complainant;
 (ii) using a process to address or resolve the complaint, facilitated by the Defence Force Ombudsman or another person, such as an alternative dispute resolution process or a restorative engagement conference;
 (iii) making a recommendation to the Defence Department in respect of the complaint;
 (iiia) if the complaint is covered by subsection (1B)—making recommendations under section 14A in respect of the complaint;
 (iv) deciding not to take, or to continue to take, action in response to the complaint; and
 (b) functions that are ancillary or incidental to the function mentioned in paragraph (a); and
 (c) the function of inquiring into matters relating to complaints of abuse, including, for example:
 (i) the Defence Department's and the Defence Force's procedures relating to making and responding to such complaints; and
 (ii) the effectiveness and appropriateness of those procedures; and
 (d) the function of dealing with any matter relating to complaints previously made to, and dealt with by, the Defence Abuse Response Taskforce.
Note: In addition to the ways mentioned in paragraph (a), certain provisions of the Act could also be used to respond to a complaint of abuse. For example, section 35A of the Act could be used to refer evidence relating to a complaint of abuse to the Australian Federal Police, the police force or police service of a State or Territory or a military justice authority for investigation and possible prosecution of an offence.
 (1A) A complaint is a new complaint if:
 (a) the complaint is about abuse engaged in by a member of Defence; and
 (b) either:
 (i) the complaint is made to the Defence Force Ombudsman on or after the amendment day; or
 (ii) the complaint was made to the Defence Force Ombudsman on or after 1 December 2016 but before the amendment day and, immediately before the amendment day, the complaint had not been finally dealt with; and
 (c) the complaint is not an excluded complaint.
 (1B) A new complaint is covered by this subsection if:
 (a) the complaint is about abuse allegedly engaged in by a member of Defence on or before 30 June 2014; and
 (b) either:
 (i) the complaint is made to the Defence Force Ombudsman on or before 30 June 2022; or
 (ii) a written notice of intention to make the complaint