Ombudsman (Defence Forces) Act 2004

Complaint to Ombudsman.

6

6.—(1) A serving member of the Defence Forces may, subject to this Act, make a complaint to the Ombudsman concerning an action if it has affected that member and was taken by or on behalf of—

(a) another serving member of the Defence Forces,

(b) a former member of the Defence Forces while he or she was a serving member of the Defence Forces, or

(c) a civil servant.

(2) A former member of the Defence Forces may, subject to this Act, make a complaint to the Ombudsman concerning an action if it has affected that former member and was taken while he or she was a serving member of the Defence Forces by or on behalf of—

(a) a serving member of the Defence Forces,

(b) a former member of the Defence Forces while he or she was a serving member of the Defence Forces, or

(c) a civil servant.

(3) A complainant shall make a complaint referred to in subsections (1) and (2) not later than 12 months from—

(a) the date of the action concerned, or

(b) the date on which the complainant became aware of the action,

whichever is the later.

Annotations

Modifications (not altering text):

C2

Application of section potentially restricted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 13(1), (2)(a), (b)(iii), S.I. No. 237 of 2014.

Tort action for suffering detriment because of making protected disclosure

13. (1) If a person causes detriment to another person because the other person or a third person made a protected disclosure, the person to whom the detriment is caused has a right of action in tort against the person by whom the detriment is caused.

(2) A person may not both—

(a) pursue a right of action under subsection (1) against a person in respect of a matter, and

(b) in respect of the same matter make or present against the same person— ...

(iii) a complaint under section 114 of the Defence Act 1954 or section 6 of the Ombudsman (Defence Forces) Act 2004.

...