Document ID: chunk:federal_register_of_legislation:C2025C00095:section:19c:p1
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 19C (pt 1/2)
Character Range: 143735–146237

19C  Functions of Defence Force Ombudsman
 (1) The functions of the Defence Force Ombudsman are to investigate complaints made to him or her under this Act and to perform such other functions as are conferred on him or her by:
 (a) this Act or the regulations; or
 (b) another Act or regulations made under another Act.
 (2) Subject to this Act, the Defence Force Ombudsman:
 (a) shall investigate action that he or she is authorized by this Act to investigate and in respect of which a complaint has been made to him or her; and
 (b) may, of his or her own motion, investigate action that he or she is authorized by this Act to investigate.
 (3) Subject to subsection (5), the Defence Force Ombudsman is authorized by this Act to investigate action, being action that relates to a matter of administration, taken either before or after the commencement of this Part by a Department or by a prescribed authority, with respect to a matter that is related to the service of a member of the Defence Force or that arises in consequence of a person serving or having served in the Defence Force.
 (4) Without limiting the generality of subsection (3), action referred to in that subsection includes action taken by a Department, or by a prescribed authority, with respect to the payment of an allowance or pension to, or the provision of a benefit for, a member of the Defence Force or a dependant of such a member, being an allowance, pension or benefit that is or may be payable or is or may be provided by reason of, or as a result of, the service of the member in the Defence Force.
 (5) The Defence Force Ombudsman is not authorized by this Act to investigate:
 (a) action taken by a Minister;
 (b) action taken by a Justice or Judge of a court created by the Parliament;
 (c) action taken by:
 (i) a magistrate or coroner for the Australian Capital Territory, Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; or
 (ii) a person who holds office as a magistrate in a State or the Northern Territory in the performance of the functions of a magistrate conferred on him or her by or under an Act;
 (d) action taken in connection with proceedings against a member of the Defence Force for an offence arising under any law, including a law of the United Kingdom as applying by virtue of a law of the Commonwealth, relating to the discipline of the Defence Force or of an arm or part of the Defence Force; or
 (e) action taken in relation to the grant or refusal