Ombudsman For The Defence Forces

How does the Ombudsman for the Defence Forces investigate complaints?

When the Ombudsman for the Defence Forces receives a complaint she carries out a preliminary investigation.

The purpose of this process is to ensure that:

  • The person who made the complaint was genuinely affected by the action
  • The complaint is serious and is not trivial or motivated by, for example, a personal grudge
  • No satisfactory measures have been taken to resolve the issues at stake

If, at this stage the Ombudsman for the Defence Forces decides not to conduct the formal investigation, she'll inform the person making the complaint of her reasons for this decision.

We expect that most complaints will go beyond preliminary investigation.

So, the Ombudsman for the Defence Forces is going to investigate my complaint. What legal powers does she have?

  • The Ombudsman for the Defence Forces has the power to request any document or information she decides is relevant to the investigation
  • The Ombudsman for the Defence Forces can inspect and take copies of any records she decides are relevant to the investigation
  • The only documents that the Ombudsman for the Defence Forces cannot access are confidential Government records or documents concerning security or military operations
  • The Ombudsman for the Defence Forces has the right to require people who have relevant information to appear before her
  • The Ombudsman for the Defence Forces has a right to go into any military installation when conducting an investigation
  • Individuals cannot obstruct or hinder the work of the Ombudsman for the Defence Forces

To effectively deal with cases, the Ombudsman for the Defence Forces will appoint investigation officers. Investigation officers work under warrant and are directed by the Ombudsman for the Defence Forces and have the same legal powers. Each investigation officer is issued with a warrant by the Ombudsman for the Defence Forces.

If a complaint is made against an action I took, do I have the opportunity to have my say?

Yes

The Ombudsman for the Defence Forces must give a person, whose action is the subject of a complaint, the opportunity to respond.

When the Ombudsman for the Defence Forces completes an investigation what happens?

When an investigation is complete the Ombudsman for the Defence Forces sends her report to the person who made the complaint, other people involved with the investigation and the Minister for Defence.

Can the Ombudsman for the Defence Forces recommend action in her report?

If the investigation finds that the person who made the complaint was adversely affected by the action, the Ombudsman for the Defence Forces will make recommendations to the Minister for Defence. The recommendations may set out measures that should be taken to rectify the situation.

If the Ombudsman for the Defence Forces believes that the Minister's response to her recommendations is unsatisfactory then she may issue a special report on the case. That special report will be included in the Annual Report of the Ombudsman for the Defence Forces.

The recommendations made by the Ombudsman for the Defence Forces to the Minister for Defence, and the Minister's response, will be provided to the person who made the complaint.

More Information:

The information on this page is a guide to the complaints procedure. This guide is not a legal interpretation of the Ombudsman (Defence Forces) Act 2004.