CTHIn ForceAct
Defence Act 1903
110CFunctions of the Inspector‑General ADF
Start here
Get a plain-English read of 110C
Turn the raw legal text into a practical explanation grounded in Defence Act 1903.
110C Functions of the Inspector‑General ADF
(1) The Inspector‑General ADF has the following functions:
(a) to inquire into or investigate matters concerning the military justice system;
(b) to conduct performance reviews of the military justice system, including internal audits, at the times and in the manner the Inspector‑General ADF considers appropriate;
(c) to advise on matters concerning the military justice system, including making recommendations for improvements;
(d) to promote military justice values across the Defence Force;
(e) if directed by the Minister to do so—to inquire into or investigate a matter concerning the Defence Force;
(f) if directed by the Chief of the Defence Force to do so—to inquire into or investigate a matter concerning the Defence Force;
(g) such functions as are prescribed by the regulations;
(h) such functions as are conferred on the Inspector‑General ADF by or under this Act;
(i) such functions as are conferred on the Inspector‑General ADF by or under any other law of the Commonwealth;
(j) to do anything incidental or conducive to the performance of any of the above functions.
Note: Subsection (4) limits the functions that may be prescribed by regulations made for the purposes of paragraph (g).
(3) The function referred to in paragraph (1)(a) includes the following:
(a) carrying out preliminary assessments as to whether an inquiry or investigation should be conducted by the Inspector‑General ADF;
(b) referring matters to other appropriate authorities to be dealt with.
(4) Regulations made for the purposes of paragraph (1)(g) must not prescribe a function unless the function relates to:
(a) the military justice system; or
(b) complaints made by members of the Defence Force, where the relevant complaint is about a decision, act or omission in relation to the member’s service in the Defence Force; or
(c) deaths of members of the Defence Force, where the relevant death appears to have arisen out of, or in the course of, the member’s service in the Defence Force.
(5) To avoid doubt, a function prescribed by regulations made for the purposes of paragraph (1)(g) may be to inquire into or investigate a matter mentioned in paragraph (4)(b) or (c).
(6) Subsection (5) does not limit paragraph (1)(g).
Note: The regulations may make provision in relation to the procedures and powers of the Inspector‑General ADF in respect of the performance of the Inspector‑General ADF’s functions (see paragraph 124(1)(h)).
110DA Conduct of inquiry or investigation
Scope
(1) This section applies to an inquiry or investigation by the Inspector‑General ADF under:
(a) paragraph 110C(1)(a); or
(b) regulations made for the purposes of paragraph 110C(1)(g).
When inquiry or investigation may be conducted
(2) The Inspector‑General ADF may conduct an inquiry or investigation:
(a) on his or her own initiative; or
(c) at the request of an individual.
110DB Inspector‑General ADF may end an inquiry or investigation
(1) The Inspector‑General ADF may end an inquiry or investigation conducted by the Inspector‑General ADF if the Inspector‑General ADF is satisfied that the inquiry or investigation, or the continuation of the inquiry or investigation, is not warranted having regard to all the circumstances.
(2) Subsection (1) does not apply to an inquiry or investigation under paragraph 110C(1)(e).
Note: Paragraph 110C(1)(e) is about inquiries and investigations directed by the Minister.
Division 2—Administrative provisions about the Inspector‑General of the Australian Defence Force