Document ID: chunk:federal_register_of_legislation:F2024C01048:reg:40
Version: federal_register_of_legislation:F2024C01048
Segment Type: reg
Provision Reference: reg 40
Character Range: 51580–53030

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.