Ombudsman (Defence Forces) Act 2004

Amendment of section 114 of Act of 1954.

13

13.—Section 114 of the Act of 1954 is amended—

( a) in subsection (1), by the substitution of “Chief of Staff”for “Minister”,

( b) in subsection (2), by the deletion of “who, if so required by the man, shall report on the matter of complaint to the Minister”, and

( c) by the insertion after subsection (3) of the following subsections:

“(3A) The Chief of Staff shall cause every complaint seeking redress of wrongs under this section that is made in writing to be notified to the Minister and the Ombudsman for the Defence Forces as soon as practicable following the making of such complaint.

(3B) Where the Ombudsman for the Defence Forces has made a notification in writing in accordance with section 7 of the Ombudsman (Defence Forces) Act 2004, that section 5(1)(c), section 5(1)(d)(ii), section 5(1)(e)(ii) or section 5(1)(g) of the Ombudsman (Defence Forces) Act 2004 applies to a complaint made under that Act by an officer or a man, the officer or the man, as the case may be, may submit that complaint to the Minister for determination by him or her.

(3C) The Minister may make regulations concerning the manner in which a notification referred to in subsection (3A) of this section and a report on such notification are to be made and the manner in which a complaint is to be submitted under subsection (3B) and without prejudice to the generality of the foregoing, the regulations may—

( a) specify a period or periods within which such reports are to be submitted and complaints referred, and

( b) the form and content of such notifications, reports and submissions.”.