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.

...