Document ID: chunk:federal_register_of_legislation:F2022L00994:reg:6
Version: federal_register_of_legislation:F2022L00994
Segment Type: reg
Provision Reference: reg 6
Character Range: 11463–13287

6         Inspector‑General of the Australian Defence Force or an authorised person (see subsection (7))                                                      the performance of the powers, or exercise of the functions, of the Inspector‑General of the Australian Defence Force

Use of Part IA records by prescribed defence member's chain of command or career management agency not permitted after certain events occur
 (5) Despite subsection (4), a person referred to in item 2 or 3 of the table in subsection (4) must not access, make a record of information in, disclose information in or otherwise use, a Part 1A record, or part of a Part 1A record, about a disciplinary infringement of a prescribed defence member if:
 (a) the Part 1A record is required to be archived under subsection 7(3) or 8(2); or
 (b) any of the following events have occurred after the infringement notice for that infringement was given:
 (i) the member does not elect to be dealt with under the infringement scheme in relation to the disciplinary infringement;
 (ii) the disciplinary infringement is dismissed;
 (iii) the member graduates from initial recruit or officer training;
 (iv) the member is substantively promoted to a higher rank;
 (v) the service of the member ends.
Note: A Part 1A record may be about more than one disciplinary infringement and more than one prescribed defence member. Access etc. to only part of the record may be prohibited under paragraph (b).

Authorisation
 (6) An officer who is performing the functions of a Chief of Staff of a service headquarters may authorise a person posted to the service headquarters for the purposes of item 5 of the table in subsection (4).
 (7) The Inspector‑General of the Australian Defence Force may authorise a person for the purposes of item 6 of the table in subsection (4).