 Decisions,
decisions
By
Capt Gabrielle Turnbull
If you've ever been subject to adverse administrative action you'll
understand that administrative decisions can adversely affect your
rights, interests and expectations.
Director
of Administrative Law Commander Tony Welbourne said ADF commanders
and other personnel were entrusted with the authority to make a
wide range of administrative decisions.
Their
decisions must be made in accordance with legal requirements, just
like all the other government departments and agencies."
The
ADF often conducts inquiries into matters and incidents to find
out the facts of what happened. If an inquiry shows that a member's
conduct is below standard, adverse administrative action may be
taken.
Adverse
administrative action is official action that may involve formal
warnings, censures, removal from command or even discharge from
service.
The
proposed adverse administrative action and evidence that supports
the action must be provided to the member, before a decision is
made. This notice is commonly referred to as a Notice to Show Cause.
If
the proposed action affects the member's rights, interests or expectations
such as their pay entitlements or reputation, no matter what rank
or position they hold, the member must be given an opportunity to
respond as to why the proposed action should not be taken. This
is a requirement of procedural fairness, also known as "natural
justice".
Once
the member has had the opportunity to respond, the commander must
decide what form of adverse administrative action should be imposed,
if any. This professional decision must be fair, open, lawful and
be based on the rights of the member and the merits of the case,
without bias.
When
the adverse administrative action is routine, trivial or has no
adverse affect on the member, such as refusal of short leave, then
procedural fairness is not required.
If
urgent or operational implications make immediate action necessary,
temporary adverse administrative action may be taken.
However,
as soon as circumstances change, that member should be afforded
procedural fairness before the adverse administrative action is
made permanent.
At
any time, all members of the ADF have the right to submit a Redress
of Grievance relating to any matter affecting their service, including
adverse administrative action. Members are also able to seek additional
external review through the Defence Force Ombudsman, the Human Rights
and Equal Opportunities Commission and civilian courts.
|
