Adverse action: what’s involved
CAPT Gabrielle Turnbull explains the adverse administrative action process

IF YOU have ever been subject to adverse administrative action you will understand that administrative decisions can affect your rights, interests and expectations.

The 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,” CMDR Welbourne said.

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 pay entitlements or reputation, the member – no matter what rank or position he or she holds – 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.

For further information on the Military Justice System, visit www.defence.gov.au/mjs

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