14Conferral of functions on Defence Force Ombudsman—new complaints etc.

#### 14 Conferral of functions on Defence Force Ombudsman—new complaints etc. (1) For the purposes of paragraph 19C(1)(a) of the Act, the Defence Force Ombudsman has: (a) the function of taking appropriate action to respond to a new complaint of abuse made by a complainant if the Defence Force Ombudsman is satisfied that the abuse is reasonably likely to have occurred, including any of the following actions: (i) facilitating counselling for the complainant; (ii) using a process to address or resolve the complaint, facilitated by the Defence Force Ombudsman or another person, such as an alternative dispute resolution process or a restorative engagement conference; (iii) making a recommendation to the Defence Department in respect of the complaint; (iiia) if the complaint is covered by subsection (1B)—making recommendations under section 14A in respect of the complaint; (iv) deciding not to take, or to continue to take, action in response to the complaint; and (b) functions that are ancillary or incidental to the function mentioned in paragraph (a); and (c) the function of inquiring into matters relating to complaints of abuse, including, for example: (i) the Defence Department’s and the Defence Force’s procedures relating to making and responding to such complaints; and (ii) the effectiveness and appropriateness of those procedures; and (d) the function of dealing with any matter relating to complaints previously made to, and dealt with by, the Defence Abuse Response Taskforce. > Note: In addition to the ways mentioned in paragraph (a), certain provisions of the Act could also be used to respond to a complaint of abuse. For example, section 35A of the Act could be used to refer evidence relating to a complaint of abuse to the Australian Federal Police, the police force or police service of a State or Territory or a military justice authority for investigation and possible prosecution of an offence. (1A) A complaint is a new complaint if: (a) the complaint is about abuse engaged in by a member of Defence; and (b) either: (i) the complaint is made to the Defence Force Ombudsman on or after the amendment day; or (ii) the complaint was made to the Defence Force Ombudsman on or after 1 December 2016 but before the amendment day and, immediately before the amendment day, the complaint had not been finally dealt with; and (c) the complaint is not an excluded complaint. (1B) A new complaint is covered by this subsection if: (a) the complaint is about abuse allegedly engaged in by a member of Defence on or before 30 June 2014; and (b) either: (i) the complaint is made to the Defence Force Ombudsman on or before 30 June 2022; or (ii) a written notice of intention to make the complaint is given to the Defence Force Ombudsman on or before 30 June 2022 and the complaint is made to the Defence Force Ombudsman on or before 30 June 2023. (2) To avoid doubt, a complainant may make a complaint about abuse engaged in by a member of Defence even if the complainant has not approached the Defence Department in relation to the complaint. (4) The Chief of the Defence Force and the Defence Secretary must both use their best endeavours to assist the Defence Force Ombudsman in his or her performance of the functions set out in subsection (1).