Publication:Sea Talk Spring 2008/Redress of grievance changes streamline process

By LCDR Glenn Kerr and CPL Andrew Hetherington

Changes to Defence Force Regulations in May are expected to improve the efficiency and effectiveness of the redress of grievance process for Australian Defence Force (ADF) members.

The changes implement the recommendations from the former Government’s response to The effectiveness of Australia’s military justice system inquiry and the 2004 Chief of the Defence Force (CDF) and Defence Force Ombudsman (DFO) review of the redress of grievance system.

They are designed to encourage ADF members to seek other less formal complaint management options before entering into the redress of grievance process, such as administrative or alternative dispute resolution.

Performance report complaints

Director General Fairness and Resolution Di Harris says one of the major has been the removal of complaints about ratings on performance reports.

“When an ADF member receives a performance report, there is a representation process which goes with it,” she said. “If they are not happy with what the assessing officer has said they can raise it to a higher level with the reviewing officer, who can amend the report if appropriate.

“What a performance report comes down to is a person’s opinion on the performance of someone else. If in the representation process the assessing officer stands by the original ratings, submitting a complaint through the redress of grievance process cannot achieve a different outcome.

“But if a member believes there was bias in the assessment process, or the process was flawed for some other reason, they can still submit a redress of grievance on those grounds.

Complaints before decisions made

“Similarly, complaints cannot be submitted on matters that are the subject of notices to show cause or termination notices. Those processes need to be allowed to run their course. However, once a decision has been made in these matters, a member can submit a redress of grievance if dissatisfied with the outcome or the way the process was conducted.”

Shorter timeframes

The changes have also introduced timeframes for members to submit a redress of grievance.

“Now complaints must be submitted within six months of the member becoming aware of the matter about which the grievance is being lodged, unless they relate to terminations, which must be submitted within 14 days,” said Fairness and Resolution legal officer, Michael McCulloch.

For grievances not related to terminations, a submission may be accepted outside six months, where there are exceptional circumstances.

“Commanding officers are now also required to attempt to resolve grievances within 90 days, or the Service Chiefs can choose to

CDF referrals

If you are a chief petty officer, flight sergeant, warrant officer or officer, and you’re not happy with the Service Chief’s decision on your complaint, you can refer it to the CDF

On a termination matter, you have 14 days from the day of notification of the Service Chief’s decision to refer it to the CDF – there are no exceptional circumstances

On all other matters, you have 28 days from the day of notification of the Service Chief’s decision to refer it to the CDF – referrals may be accepted after 28 days, but only under exceptional circumstances

Preventing a submission or referral

You cannot be prevented from submitting or referring a redress of grievance – it’s an offence, potentially punishable by a fine or imprisonment

Defence Force Ombudsman

You can refer a complaint to the DFO if it relates to an administrative matter, the handling of your redress of grievance or if you think the process has been too slow

This can be done at any time, even before the process has been completed – however the DFO will not normally become involved until the process is complete, unless for exceptional circumstances

THE REDRESS OF GRIEVANCE PROCESS

Who can submit a redress of grievance?

A Permanent ADF member

A Reserve ADF member who is:

• Rendering continuous full time service(CFTS); or

• On duty; or

• If you’re not currently on duty or CFTS, the complaint must relate to a matter when you were.

What can I make a complaint about

Any decision, act or omission that you consider had an adverse or detrimental impact on you

You cannot complain about:

A matter that can’t be redressed by an ADF member, employee of the department or an employee of the Defence Materiel Organisation;

A decision, act or omission under part 15 of the Defence Force Regulations 1952;

An action that initiates an administrative process, such as an adverse performance report;`

The issuing of a termination notice under Par VIIIA of the Defence Act 1903 or Division 2, Part 2, Chapter 9 of the Defence (Personnel) Regulations 2002;

A decision to give or not give a particular assessment, grade or rating on a performance appraisal report – you can, however, complain about the process;

A decision, judgement or order made by a civil or criminal court, a Service tribunal or the Defence Force Discipline Appeal Tribunal; or

A liability under Section 15 or Section 42 of the Financial Management and Accountability Act 1997.

Want to know more

Check out:

• DI(G) PERS 34-1 – Redress of Grievance – Tri-Service procedures

• DEFGRAM 234/2008 – Amendments to Defence Force Regulations 1952 and changes to the Redress of Grievance process

• Visit the Fairness and Resolution Branch intranet website at http://intranet.defence.gov.au/fr.