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Court Martials

6. Military Justice Complaints

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 13 Jul 2015
    6. Military Justice Complaints
  • If you have a complaint about the military justice system you have a number of avenues available. There are internal and external bodies where you may make your complaint.

Internal Organisations:

  • Inspector General of the Australian Defence Force (IADGF):
    • Complaints about the military justice system may be directed to the IGADF who conducts an independent review and audit of the military justice system.
    • The job of the IGADF is to investigate miscarriages of justice and remedy them where necessary. Examples of complaints can include:
      • bullying and harassment;
      • cover-ups;
      • discrimination;
      • unlawful punishments; and
      • unethical behaviour.
    • For more information on the IGADF phone 1800 688 042 or email ig.adf@defence.gov.au.
  • Defence Whistleblower Scheme Hotline:
    • You may also phone the Defence Whistleblower Scheme Hotline if you know of any unethical behaviour committed or being committed by any member, employee or supplier of goods or services of the ADF.
    • The phone number for the hotline is 1800 673 502.
  • Army Fair Go Hotline:
    • The Army Fair Go Hotline is an anonymous service where ADF members can report incidents of abuse, harassment, bullying or discrimination. Incidents reported are promptly investigated and appropriately actioned.
    • Their number is 1800 100 064 and they are open Monday to Friday 9am to 9pm.

External Organisations:

  • Defence Force Ombudsman:
    • The Defence Force Ombudsman investigates complaints regarding the service of current and former ADF members and investigates complaints regarding veterans’ entitlements and compensation.
    • Complaints to the ombudsman should only be made after other internal avenues have been tried. The ombudsman investigation is separate and independent of any actions taken by the internal grievance process.
    • Complaints to the ombudsman can be made by current and former ADF members as well as spouses and dependants of current and former ADF members.
    • Third parties may also make a complaint if they have the permission of a current or former member for whom they are making the complaint.
    • The types of complaints received by the ombudsman can range from:
      • housing;
      • allowances;
      • promotions;
      • demotions;
      • all other aspects of service to the ADF; and
      • unreasonable delays in the resolution of grievances in the ADF internal resolution process.
  • For more information on the ombudsman visit their website: www.ombudsman.gov.au or phone 1300 362 072. They are open Monday to Friday 9am to 5pm.
  • Human Rights & Equal Opportunity Commission:
    • The Human Rights and Equal Opportunity Commission aims to protect and promote human rights and addresses human rights concerns of society at large whether individuals or groups.
    • Their main areas of focus are:
      • race;
      • sex (including gender identity and sexual preference);
      • age;
      • disability; and
      • indigenous rights.
  • ADF members may complain to the commission if they have experienced or witnessed bullying or harassment based on any of these areas of discrimination.
  • The commission also investigates allegations of discrimination based on a person’s criminal record, political opinion, religion or social status.
  • Complaints are to be made in writing through a complaint form available on their website. The form is available here: https://www.humanrights.gov.au/complaints/make-complaint.
  • The form may be completed online or printed off and sent via post. The postal address for complaints is:

Director Investigation and Conciliation Service

Australian Human Rights Commission

GPO Box 5218

Sydney NSW 2001

  • The form may also be emailed to newcomplaints@humanrights.gov.au.
  • A third party may also make the complaint on your behalf but they must fill in an Authority to Act form which is submitted together with the complaint form.
  • The Authority to Act form is available on their website: https://www.humanrights.gov.au/complaints/make-complaint  
  • For more information on the complaints process visit www.humanrights.gov.au or phone the Human Rights Commission General Inquiries hotline on 1300 369 711 (Monday to Friday 9am to 5pm) or Complaints Infoline 1300 656 419 (Weekdays 9am to 5pm except Tuesdays 9am to 1pm only).
  • Office of the Federal Privacy Commissioner:
    • The Office of the Federal Privacy Commissioner investigates breaches of privacy under the Commonwealth Privacy Act and ADF members may lodge a complaint by phoning 1300 363 992 or email enquiries@oaic.gov.au.
  • The Defence Force Discipline Appeal Tribunal:
    • ADF personnel who are unhappy with the outcome of their trial or court martial are entitled to appeal the decision to the Defence Force Discipline Appeal Tribunal.
    • The tribunal may set aside the decision made in the original trial, substitute a new one or order a new trial.
    • A person may appeal the decision of the tribunal to the Federal Court of Australia but only on questions of law. Otherwise the decision of the Tribunal is final.
    • Further details on the tribunal can be found on their website at www.defenceappeals.gov.au

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