75Making a complaint

75 Making a complaint

(1) Subject to subregulation (2), a member may make a complaint under this Part if: (a) the member considers that a decision, act or omission in relation to the member’s service is adverse or detrimental to him or her; and (b) the adverse or detrimental effect of that decision, act or omission is capable of being redressed by: (i) a member of the Defence Force; or (ii) an employee of the Department; or (iii) an employee of the Defence Material Organisation. (2) However, a member may not make a complaint in relation to: (a) a decision, act or omission under this Part; or (b) an action that initiates an administrative process; or (c) the issue of a termination notice under Part VIIIA of the Act or under Part 2 of Chapter 9 of the Defence (Personnel) Regulations 2002; or (d) a decision to give, or not to give, a particular assessment, grade or rating as the result of a performance assessment process; or (e) a decision, judgment or order made by a civil or criminal court, a service tribunal or the Defence Force Discipline Appeal Tribunal; or (f) a liability arising under section 15 or 42 of the Financial Management and Accountability Act 1997. (3) If the complaint relates to a termination decision, the member must make the complaint within 14 days after: (a) the day on which the member was notified of the decision; or (b) the day on which the member could reasonably be expected to have known about the decision. (4) If subregulation (3) does not apply, the member must make the complaint within 6 months after: (a) the day on which the member was notified of the decision, act or omission; or (b) the day on which the member could reasonably be expected to have known about the decision, act or omission. (5) A complaint must be: (a) made in writing; and (b) submitted to the member’s commanding officer.