19EDiscretion with respect to certain complaints

19E Discretion with respect to certain complaints

(1) Where a member of the Defence Force makes a complaint to the Defence Force Ombudsman with respect to action in respect of which the member was entitled to seek and has sought, in the manner provided by or under the Defence Act 1903, redress from a member of the Defence Force authorized by or under that Act to grant redress: (a) the Defence Force Ombudsman shall not commence to investigate the action before the twenty‑ninth day after the complainant sought the redress unless: (i) redress is granted before that day and the conditions set out in subparagraphs (b)(i) and (ii) are satisfied in respect of the redress; or (ii) the Defence Force Ombudsman is of the opinion that there are special reasons justifying the commencement of the investigation of the complaint before that day; and (b) where redress is granted before the Defence Force Ombudsman commences, or after he or she has commenced, to investigate the action, the Defence Force Ombudsman shall not investigate, or continue to investigate, the action unless: (i) the complainant notifies the Defence Force Ombudsman that the redress is not, in the opinion of the complainant, adequate in all the circumstances; and (ii) the Defence Force Ombudsman is of the opinion that the redress was not reasonably adequate. (2) Where a member of the Defence Force who has complained to the Defence Force Ombudsman is able to seek, but has not sought, in the manner provided by or under the Defence Act 1903, redress in respect of the action to which the complaint relates from a member of the Defence Force authorized by or under that Act to grant redress, the Defence Force Ombudsman shall not investigate the complaint unless he or she is of the opinion that the member was, by reason of special circumstances, justified in refraining from seeking redress.