Military
justice is not just about discipline, it’s about a fair go.
A key part of this is giving members the opportunity to deal with
a grievance in the work place. The grievance, if pursued formally,
will become part of the Redress of Grievance (ROG) process – an
integral part of the Military Justice System.
The Deputy Director Military Redress, Wing Commander Peter Phillips
said: “Over the years our Defence Force has put in place various
effective means for members to raise issues and have them addressed
appropriately.
“But before entering the ROG process, members should seek advice
on the best way to resolve a complaint at the lowest possible
level.”
This advice is readily available from unit administrative staff,
chaplains, medical staff or legal officers.
Further support and advice can be obtained through other related
internal organisations including the Defence Community Organisation,
the Directorate of Alternative Dispute Resolution and Conflict
Management, the Defence Equity Organisation, Defence Whistleblower
Scheme and the Inspector General of the ADF.
If the complaint can not be resolved by using these resources,
a formal complaint can be made as a written ROG submission to
the Commanding Officer (CO).
Assistance with writing the submission is available through The
Defence Legal Service. This is a formal mechanism for complaints
to be reviewed and, where necessary, to correct wrong or unfair
decisions, or actions.
The ADF provides free legal assistance to all ADF members who
wish to make an internal complaint. Once the ROG submission has
been received, the CO acknowledges its receipt in writing to the
member.
The complaint is investigated and the CO makes a decision whether
the member has grounds for complaint.At this point the CO can
resolve the matter and inform the member in writing of the outcome
and the reasons for his decision.
If the member is not satisfied with the ROG outcome, they may
request the complaint be referred to the appropriate Service Chief,
or his delegate, through the Complaint Resolution Agency (CRA)
for a decision.
In addition, members who hold a rank of Warrant Officer and above
may refer the complaint to the CDF, through the CRA for further
action.
The decision by a Service Chief or CDF or their delegates, is
the final internal step in the formal ROG process. If the ROG
process is unable to resolve a complaint, the ADF member may also,
at any point, refer it to an external agency, such as the Human
Rights and Equal Opportunity Commission, the Defence Force Ombudsman,
or even the Federal Court.
For further information on the Military Justice System and the
Organisations that support it, visit www.defence.gov.au/mjs.
