IN
response to a long recognised need for uniform policy and procedures
across the three Services, DI(G) PERS 35-6 Formal Warnings and
Censures has been issued.
Formal warnings and censures are forms of adverse administrative
action that can be taken against a member whose behaviour, performance
or standards are unacceptable and are within the member’s
powers to control.
While each Service has had individual policies or customs covering
the administration and imposition of formal warnings and/or censures,
these varied in application and use.
Two separate high-level reports in 1999 recommended adoption of
tri-Service policy and application. These were:
-
Military Justice Procedures in the ADF by the Parliamentary
Joint Standing Committee on Foreign Affairs, Defence and Trade;
and
- Report
of Review of Disciplinary and Administrative Policy, Processes
and Practices in Dealing With Cases of Unacceptable Behaviour
in the ADF.
As
a consequence, the Defence Personnel Executive (DPE) in consultation
with the three Services and Defence Legal Services has developed
DI(G) PERS 35-6.
It provides the overarching policy and associated procedures for
formal warnings and censures in the ADF and takes precedence over
any other single Service instruction that addresses either of
these forms of administrative action. Of particular importance
in the new instruction are the details on the procedural fairness
requirements when processing a formal warning or censure.
Relevant single Service instructions will be amended to reflect
the existence of the new DI(G).
The sponsor of DI(G) PERS 36-6 is the Director of Personnel Policy
within DPE.
