Ensuring a fair go
CAPT Gabrielle Turnbull explains how grievances can be addressed as part of the Military Justice System

Providing support ... that’s the aim of the Redress of Grievance process.

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 that over the years the Defence Force had 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,” WGCDR Phillips said.

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 cannot be resolved by using these resources, a formal complaint can be made as a written ROG submission to the Commanding Officer. 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 ROG process is a legally protected provision that allows an individual to complain about any matter that affects his or her service. 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 decides 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 the decision.

If the member is not satisfied with the ROG outcome, he or she may request the complaint be referred to the appropriate Service Chief, or 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/st/mjs/organisation.cfm

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