Document ID: chunk:federal_register_of_legislation:F2024L00903:reg:8
Version: federal_register_of_legislation:F2024L00903
Segment Type: reg
Provision Reference: reg 8
Character Range: 7003–8863

8  Action by Chief of the Defence Force
 (1) After receiving the report, the Chief of the Defence Force must consider the recommendation in the report, taking into account:
 (a) the report; and
 (b) the matters referred to in paragraph 6(2)(a) in relation to the claim; and
 (c) any other information the Chief of the Defence Force considers relevant.
 (2) The Chief of the Defence Force may also request further information and advice from the advocate or any other person.
 (3) The Chief of the Defence Force must then make a decision to either:
 (a) act in accordance with the recommendation; or
 (b) take a different action in response to the claim.
 (4) If the Chief of the Defence Force intends to take a different action in response to the claim, the Chief of the Defence Force must inform the Minister in writing at least 15 days before making the decision, giving reasons for the intended decision.
 (5) After making a decision under subsection (3), the Chief of the Defence Force must inform each eligible recipient for the claim of the decision, except any such person the Chief of the Defence Force reasonably believes it is not appropriate, necessary or practicable to inform.
 (6) If the Chief of the Defence Force does not inform an eligible recipient for the claim, the Chief of the Defence Force must instead:
 (a) inform the advocate that the Chief of the Defence Force reasonably believes it is not appropriate, necessary or practicable to inform the eligible recipient; and
 (b) give the basis for the belief, unless the Chief of the Defence Force reasonably believes doing so would prejudice the security, defence or international relations of the Commonwealth.
 (7) The Chief of the Defence Force may also inform any other person if the Chief of the Defence Force reasonably believes the person's interests are affected by the decision.