Document ID: chunk:federal_register_of_legislation:F2025C00012:reg:14b
Version: federal_register_of_legislation:F2025C00012
Segment Type: reg
Provision Reference: reg 14B
Character Range: 15539–17486

14B  Conferral of functions on Defence Force Ombudsman—old complaints
 (1) For the purposes of paragraph 19C(1)(a) of the Act, the Defence Force Ombudsman has:
 (a) the function of making recommendations under subsections (3) to (5) in relation to an old complaint if the Defence Force Ombudsman is satisfied that the abuse to which the old complaint relates is reasonably likely to have occurred; and
 (b) functions that are ancillary or incidental to the function mentioned in paragraph (a).
 (2) A complaint is an old complaint if:
 (a) the complaint was made to the Defence Force Ombudsman on or after 1 December 2016 but before the amendment day; and
 (b) immediately before the amendment day, the Defence Force Ombudsman had finally dealt with the complaint; and
 (c) the complaint was about abuse allegedly engaged in by a member of Defence on or before 30 June 2014; and
 (d) the complaint is not an excluded complaint.
 (3) If the Defence Force Ombudsman is satisfied that the abuse to which an old complaint relates involved the most serious forms of abuse, the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $45,000 to the complainant.
 (4) If the Defence Force Ombudsman is satisfied that the abuse to which an old complaint relates involved unlawful interference with the complainant accompanied by some element of indecency, the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $20,000 to the complainant.
 (5) If:
 (a) the Defence Force Ombudsman makes a recommendation under subsection (3) or (4) in relation to an old complaint of abuse made by a complainant; and
 (b) the Defence Force Ombudsman is reasonably satisfied that the Defence Department did not respond appropriately to the abuse;
the Defence Force Ombudsman may recommend that the Defence Secretary make an additional payment of up to $5,000 to the complainant.