Frequently Asked Questions

The IGADF can assist when other avenues for dealing with military justice issues are not working or an ADF member has a complaint about a decision affecting their service.

We review matters such as:

• abuse of authority or process;
• denial of procedural fairness;
• avoidance of due process and specified procedures;
• cover up and failure to act on information;
• victimisation, harassment, threats, intimidation, bullying and bastardisation; and
• unlawful punishment.

The IGADF:

• conducts inquiries or investigates matters concerning the military justice system including the professional conduct of Military Police;
• conducts performance reviews of the military justice system, including audits of ADF units, ships and establishments;
• advises on matters concerning the military justice system, including making recommendations for improvement;
• promotes military justice values across the ADF;
• considers every complaint submitted by members under the redress of grievance scheme; and
• conducts inquiries into the death of ADF members.

The IGADF is an independent statutory officer. The IGADF is appointed by the Minister for Defence and sits outside of the ADF chain of command. The IGADF reports to the Minister for Defence and provides an annual report to the Parliament on the office's activities.

Military justice includes:

• disciplinary action and investigations under the Defence Force Discipline Act 1982 (the DFDA);
• conduct of administrative inquiries;
• adverse administrative action; and
• the right to complain about such matters.

A fair and open military justice system assists in maintaining good order and discipline, promotes military efficiency and effectiveness, protects individual rights, and thereby contributes to the national security of Australia.

Every member of the ADF, but those in command and supervisory positions have particular responsibilities.

An Application for Redress of Grievance, or ROG, is a formal complaint process under Part 7 of Defence Regulation 2016 where an ADF member can make a complaint about a decision, act or omission in relation to their service, which they perceive to be adverse or detrimental, and which Defence is able to redress.

Any current serving ADF member, including reservists, may submit an Application for Redress of Grievance using form AD841 - Application for Redress of Grievance, available on the Defence Protected Network. If you are unable to access the Defence Protected Network, please review the Submissions FAQ section below for alternative methods for submitting a ROG.

No, it is an offence to prevent or dissuade a member from submitting a ROG complaint.

‘Victimising’ a member as a result of their intention or actual submission of a complaint is an offence.

Defence Regulation 2016, Part 7, provides the legislative process for members to make a complaint and seek redress.

The Complaints and Alternative Resolutions Manual, Chapter 6, available on the Defence Protected Network, provides further details and instruction on the Redress of Grievance process and should be read before submitting a complaint.

A grievance is a member’s complaint.  It is the matter they are aggrieved by.

A redress is the outcome a member seeks to remedy their complaint (grievance).

Members should note that while they may seek a certain redress for a complaint, a different redress may be provided or recommended if considered more appropriate in the circumstances.
 

Where a decision is about a termination of service, a complaint must be submitted within 14 days of being notified of the termination decision.

Where the decision, act or omission is not termination of service related, a member has 6 months in which to submit a complaint.

If a termination of service decision has been made the member cannot submit an Application for Redress of Grievance outside the 14 day submission timeframe.  This timeframe is legislated in Defence Regulation 2016, Part 7 and cannot be extended.

A non-termination related complaint may be submitted outside the 6 month time limit if the member can show that exceptional circumstances prevented the submission of an Application for Redress of Grievance ‘within time’. The Complaints and Alternative Resolutions Manual Chapter 6, section 6.9 provides some examples of ‘exceptional circumstances’.

A member may request this through their Commanding Officer, however, there is no automatic right in policy or legislation to suspension of any action pending the outcome of a complaint, including terminations of service. Suspension of action is a matter for Defence; the Office of the IGADF cannot suspend the original decision or action.

Only the Director of Military Complaints in the Office of the IGADF can make a decision as to whether the complaint can be accepted, not the Commanding Officer. In such cases the Commanding Officer should seek information from the member about any exceptional circumstances that prevented the member from submitting their complaint ‘within time’, and provide this to the Directorate of Military Redress and Review.

Yes. Providing the Commanding Officer has no conflict of interest and/or perceived bias concerns. The Commanding Officer should seek advice from the relevant IGADF Service Desk Officer in the Directorate of Military Redress and Review.

Yes. If the Commanding Officer feels there is a conflict of interest and/or perceived bias preventing them from dealing with the complaint in an impartial manner, the complaint may be dealt with by another person in the chain of command. Advice should be sought from the Directorate of Military Redress and Review in the Office of the IGADF.

The Complaints and Alternative Resolutions Manual, Chapter 6, provides extensive information and should be read before actioning a complaint.

It is not mandatory, but it may assist the Commanding Officer in their consideration of the complaint.

After submitting an Application for Redress of Grievance, the member will be informed of progress at least:

• Once every calendar month by their Commanding Officer, while their complaint remains at unit level; and
• Once every two calendar months, when their complaint is being considered by the IGADF Directorate of Military Redress and Review.

If the Commanding Officer finds merit in the member’s grievance, the Commanding Officer may put to the original decision maker the reasons why the Commanding Officer disagrees with the original decision and ask for a reconsideration based on the evidence and reasons submitted by the Commanding Officer. The Commanding Officer may also request reconsideration by an alternative decision maker with the same delegated powers as the original decision maker, for example if the Commanding Officer is concerned about conflict of interest and/or perceived bias.

The Commanding Officer sends the decision to the member’s forwarding postal address or email address.

Once the Commanding Officer has made their decision and sent a copy to the Directorate of Military Redress and Review in the Office of the IGADF, the IGADF will conduct an independent merits review of the member’s Application for Redress of Grievance. An authorised Assistant IGADF will then make findings, and may also make recommendations.

In some cases, such as if the Commanding Officer has resolved the member’s complaint, the IGADF may decide not to consider a member’s Application for Redress of Grievance further. If this happens, the member will receive a letter from the Directorate of Military Redress and Review advising them this. The member will also usually receive a phone call from the Directorate of Military Redress and Review to explain the decision.

No. The IGADF does not have the authority to change or make a new decision. However, any findings and recommendations will be provided to the relevant decision maker in Defence. They will then decide if they accept the recommendations. The outcome letter to the member will include information on who in Defence has received the findings and recommendations.

The Directorate of Military Redress and Review in the Office of the IGADF sends the member an outcome letter. The letter includes the findings, reasons for those findings, and any recommendations for action. A member will also usually receive a phone call from the Directorate of Military Redress and Review to explain the findings.

The outcome letter will usually be sent to the member’s Defence email address. If the member prefers, or is no longer in Defence, the letter will be sent to their private email or postal address.

A submission can be made by:

Please visit the ‘Make a submission’ web page for information on what should be included in your submission.

Any person, whether an ADF member or a civilian, may make a submission to the IGADF. This includes current and former ADF members and civilian employees, their families, friends, and members of the public.

Submissions to the IGADF may include concerns relating to the military justice system such as:

• abuse of authority or process;
• denial of procedural fairness;
• avoidance of due process and procedures;
• cover-up and failure to act;
• victimisation, harassment, threats, intimidation, bullying and bastardisation;
• unfair punishments; or
• systemic issues impacting the integrity of military justice.

Matters that should be reported to the Joint Military Police, Directorate of Investigations in Defence Integrity Division, or Joint Health Command. These include:

• matters about civil or criminal offences;
• workplace conduct complaints better suited to Defence HR or low-level resolution mechanisms;
• issues that have already been addressed by appropriate Defence processes or external authorities;
• matters related to pay and allowance determinations made by an authorised delegate (eg DHA/Toll, CDDA), where internal review mechanisms or the Commonwealth Ombudsman could be used; and
• matters that should not be the subject of a Redress of Grievance.

No. If you feel unable to report your concerns through normal channels you are entitled to approach the IGADF directly about military justice matters at any time without being adversely affected or punished for doing so.

Yes, anonymous submissions are accepted. However, the IGADF’s ability to look into concerns may be limited if insufficient information is provided.

Anonymous submitters who do not provide any contact details will be unable to receive updates or outcomes from their submission.

Following an initial assessment, the IGADF may decide to:

• inquire into the matter further;
• refer the matter to another authority for investigation; or
• take no further action.

Unless special circumstances exist, the IGADF will not normally pursue matters where:

• appropriate action is already being taken to investigate the matter by another authority (eg your unit, higher headquarters, or the Complaints Resolution Agency);
• no valid reason exists why the matter could not be fairly dealt with through normal channels; or
• the disciplinary matter complained of occurred before the introduction of the Defence Force Discipline Act 1982 (the DFDA) in 1985.

Timeframes are difficult to estimate and depend on the complexity of the matter. Other factors that influence timeframes include the availability of evidence and personnel, and whether a matter can be resolved at the assessment stage or if it needs to proceed to an inquiry. Some inquiries may need to be conducted or supported by specialists with specific qualifications that will need to be engaged. However, the Office of the IGADF, and Case Officers once a matter has been assigned to them, will normally provide regular updates to complainants.

If contact details are provided, the IGADF will:

• confirm receipt of your submission;
• advise you of the outcome of the assessment or inquiry; and
• advise you if some or all aspects of your submission should be referred to another authority.

If the IGADF makes findings or recommendations:

• findings and recommendations are normally provided to relevant Defence authorities for consideration, however, the IGADF has no authority to overturn or alter military decisions; and
• findings and recommendations are normally also provided to the submitter, subject to any privacy considerations or legal obligations which may restrict the amount of detail provided to submitters.

The IGADF may conduct inquiries into military justice matters. Its responsibilities include:

• inquiring into matters on direction from the Chief of the Defence Force (CDF);
• conducting ‘own motion’ inquiries into the military justice system;
• providing an avenue for complainants who are concerned about reporting matters to their chain-of command;
• referring complaints, or the outcomes of IGADF inquiries, to other authorities when appropriate to do so;
• act as an appointing officer for Inquiry Officer Inquiries under the Defence (Inquiry) Regulations when it would be inappropriate for anyone in the chain of command to be the appointing officer; and
• review, investigate or inquire into allegations of military policing misconduct.

The IGADF is also responsible for conducting inquiries into deaths of Defence Force members.

You will receive: 

• the Instrument of Appointment – this shows the Assistant IGADF is properly appointed;
• relevant sections of the Inquiry Directions – these are the matters the Assistant IGADF will inquire into;
• a document containing frequently asked questions; and
• a formal notice if you are required to answer questions.

These documents confirm the inquiry’s scope, your involvement and your rights and obligations. If anything is unclear, please ask the Assistant IGADF.

Some inquiries can be complex and lengthy. The Assistant IGADF will normally provide monthly updates, or when there are significant developments. You may also request an update at any time.

Yes. All complainants and affected persons will receive a letter from the Office of the IGADF once the inquiry is finalised. 

Should you be dissatisfied with the handling of the complaint, you may contact the Defence Force Ombudsman at www.ombudsman.gov.au.

If you are concerned about any aspect of the inquiry, please contact the Assistant IGADF. If you need wellbeing support, consider speaking to your unit welfare officer, base chaplain, medical provider, or consider other options listed on this web page: https://www.igadf.gov.au/support-services.

If you receive a formal notice to give information under the Inspector-General of the Australian Defence Force Regulation 2016, you are required to answer questions. If you do not receive a formal notice, answering questions is voluntary.

If you receive a formal notice and are required to answer questions, then you must answer even if your answer may indicate you have done something wrong. Your answers cannot be used against you in any court proceedings (this includes military trials). However, your answers can be used in career or employment decisions and actions.

If the inquiry has evidence which may be critical of your actions or affect your interests, then yes. You will be:

• advised about the evidence or draft inquiry report findings which could affect you;
• given sufficient information to respond; and
• allowed a fair amount of time to reply.

The more serious the nature and potential consequences of the proposed finding or decision on the person, the more formalised the process of procedural fairness should be. For minor matters procedural fairness might take the form of a conversation across the desk (including a record of conversation), but when serious administrative action is proposed, a more formal written advice/response process might be appropriate.

The Assistant IGADF conducting the inquiry may give you a direction about the disclosure of information. 

You are permitted to tell your supervisor and your family that there is an inquiry and that you are an inquiry witness. You may tell them your side of the story unless you know they are a witness. 

You are permitted to discuss all aspects of the inquiry and your evidence with a legal adviser, health practitioner, priest or other qualified counsellor, or a helpline (refer to the support services page on the IGADF website for more information on available services https://www.igadf.gov.au/support-services).  

If you are worried about any aspect of the inquiry, contact the Assistant IGADF.

It is important that witnesses in an inquiry provide their independent recollection of what occurred, so it is not appropriate for witnesses to talk about the evidence they are providing to the inquiry.

It can also be an offence to disclose inquiry information where privacy notices have been issued. Please contact the Assistant IGADF who is requesting an interview with you, or the Office of the IGADF, if you have any questions about who you can speak to or what can be discussed.

Yes. You may bring a support person, provided they are not also a witness and do not speak on your behalf.

ADF members can receive legal advice at no cost by contacting Defence Counsel Services. If you are no longer serving, you may request consideration for legal support. The Assistant IGADF can provide guidance on how to make this request and what options may be available.

Yes, the IGADF can pay travel costs associated with your attendance, on request. Advise the Assistant IGADF of such a request prior to the meeting.

Government employees should be allowed to attend the interview as part of their duties. Other persons may be eligible for witness expenses. Discuss this with the Assistant IGADF.

It is an offence for a person to take reprisals against any witness, including preventing or dissuading a witness from giving evidence. So is victimising, penalising or prejudicing in some way a witness for having given evidence. If you have any concerns, please tell the Assistant IGADF conducting the inquiry.

Information obtained during an IGADF inquiry (including information and evidence provided by witnesses) may be used or disclosed for purposes associated (directly or incidentally) with the IGADF’s role and functions. Your personal information or evidence may be provided to Ministers, Government officials and persons affected by the inquiry.

Your personal information is protected by Australian Privacy Law. Further details about how your information is handled is at https://www.defence.gov.au/Privacy.asp.

Once an inquiry has progressed to the point where proposed findings have been developed, if any proposed findings may be critical of your actions or affect your interests, then you will be given an opportunity to review and comment on those findings before the inquiry report is finalised.

Once the inquiry is finished, witnesses are normally sent an email to advise that the inquiry is closed. Affected persons (the complainant and any respondents to adverse findings) will receive more formal advice of the inquiry outcomes as it pertains to them.

The inquiry outcomes will also be formally communicated to relevant organisations for consideration, such as the service headquarters or career management agency.

If you are concerned about any aspect of the inquiry, please contact the Assistant IGADF conducting the inquiry. If you need wellbeing support, consider speaking to your unit welfare officer, base chaplain, medical provider, or consider other options listed on this web page: https://www.igadf.gov.au/support-services.

A function of the IGADF specified within the Inspector-General of the Australian Defence Force Regulation 2016 is to inquire into the death of a member of the Defence Force, where the relevant death appears to have arisen out of, or in the course of, the member’s service in the Defence Force. 

The Directorate of Select Incident Review within the Office of the IGADF is responsible for assisting the IGADF perform this function.

The IGADF provides reports on the deaths of all ADF members, including Reservists, to the Chief of the Defence Force along with any recommendations. The reason for this is to identify whether the death arose out of, or in the course of, the members service. Another reason the IGADF inquires into the death of Defence Force members is to identify any opportunities to prevent recurrence or reduce the risk of death or serious injury.

The IGADF will inquire into the Defence-related aspects of the death of a Defence Force member. There may be other agencies conducting an inquiry or investigation into the death of a Defence Force member, such as civilian police agencies, Comcare or the Coroner. Those inquiries are separate to, and distinct from, the IGADF’s inquiry. Wherever possible, the IGADF will use information gathered in other investigations to inform an inquiry.

No. An inquiry conducted by the IGADF does not address questions relating to compensation.

The IGADF is assisted by Assistants IGADF to conduct inquiries into the death of a Defence Force member. 

An inquiry will be conducted under powers granted to the IGADF in the Defence Act 1903 and the Inspector-General of the Australian Defence Force Regulation 2016.

An inquiry into the death of a Defence Force member typically includes an examination of health and military records, speaking to family, loved ones and colleagues of the deceased, and interviewing any other relevant persons.

While it is possible for the IGADF to hold an inquiry publicly, this is very rare. Inquiries into the death of a member of the Defence Force are usually conducted in private. Inquiry reports are typically not publicly available. A copy of the inquiry report will be provided to the Chief of the Defence Force who may share it with the relevant area of the Defence Force to assist with implementing any recommendations.

During an inquiry, the deceased’s nominated next of kin, and other close relations, will be offered an opportunity to be involved in the inquiry process. This will include an opportunity to participate in a conversation or recorded interview with Assistants IGADF to provide information that may be relevant for the inquiry to consider. When a draft inquiry report is prepared, the next of kin and other close relations will be offered the opportunity to read a draft inquiry report and further contribute to the inquiry report before it is finalised.

If you have information relevant to the inquiry, you are encouraged to contact the Directorate of Select Incident Review within the Office of the IGADF.

Assistants IGADF may ask you to participate in a conversation or recorded interview as part of the inquiry process. A conversation with Assistants IGADF will normally occur over the phone and written notes will be taken for use in the inquiry. An interview is a recorded conversation with Assistants IGADF where they will guide you through a number of questions that are relevant to the inquiry. The Assistants IGADF will organise an interview for a date, time and location that suits you. Prior to the interview, you will be provided documents such as: 

• a copy of the relevant parts of the inquiry directions, which explain what the inquiry is about;
• a copy of the Assistants IGADF instruments of appointment, which is the authority for Assistants IGADF to be directed to conduct an inquiry;
• a privacy notice (a document explaining how your personal information will be used in the inquiry); and
• a document containing frequently asked questions.

You are welcome to have a support person present with you for any conversation or interview that occurs during the inquiry.

The involvement of family and friends of a deceased person is usually voluntary. The IGADF understands that the death of a loved one, close family member or friend, can be extremely difficult. However, family and friends often have crucial information that is relevant to an inquiry. If you do not want to participate or be involved in the inquiry, your wishes will be respected.

No. The IGADF has a legislated function to report on the death of Defence Members.

The next of kin will be offered a copy of the final inquiry report to keep. Family members and loved ones who are not the next of kin can also request a copy of the final inquiry report through the Assistant IGADF. The report may have privacy redactions applied to the text to ensure other people’s personal information is protected.

A notice will usually accompany the report restricting disclosure of its contents. This occurs for a number of reasons, including to protect the privacy of those who contributed to the inquiry and to protect the privacy of the deceased. The restriction does not apply to information contained in the report that was already known to you.

Defence Counsel Services (DCS) is a directorate that is independent from the chain of command and from the IGADF. When a Defence Member dies by suicide or in circumstances where there may be matters negatively affecting the reputation of the deceased, DCS appoints a lawyer to represent the deceased’s interests as part of the inquiry process. 

The DCS lawyer ensures that the inquiry findings and recommendations made in relation to the deceased are fair and reasonable. The DCS lawyer will act in the deceased’s interests and is not a legal advocate for the deceased’s next of kin or family. The DCS lawyer may make contact with a nominated next of kin and other family members and introduce themselves during the inquiry process. If the next of kin does not wish to engage with the DCS lawyer, that decision will be respected. The DCS lawyer will continue in their role of representing the interests of the deceased in the inquiry process in those circumstances.

Yes, you can arrange for legal representation at your own expense if you consider this necessary.

You are generally not restricted from discussing the existence of an IGADF inquiry into a death. However, you may be given a formal direction to not disclose inquiry information.

It is important that witnesses in the inquiry provide their independent recollection of what occurred, so it is not appropriate for witnesses to talk about the evidence they are providing to the inquiry.

You are permitted to discuss all aspects of the inquiry and your evidence with a registered legal practitioner, health practitioner, priest or other qualified counsellor, or a helpline (refer to the support services page on the IGADF website for more information on available services https://www.igadf.gov.au/support-services).

It can be offence to disclose inquiry information. Please contact the Directorate of Select Incident Review in the Office of the IGADF if you have any questions about who you can speak to or what can be discussed.

Yes, the Office of the IGADF can pay travel costs associated with your attendance, on request. Please advise the Assistant IGADF of such a request before the meeting.

Government employees should be allowed to attend the interview as part of their duties. Other persons may be eligible for witness expenses. Discuss this with the Assistant IGADF.

Your personal information will be protected under Australian Privacy Law, and through the IGADF’s powers to limit the disclosure of information. Information you choose to provide during an inquiry may, however, may be used or disclosed for purposes associated with the IGADF’s role and functions. For example, information that you choose to provide may be provided to Ministers, Government officials and persons affected by the inquiry.

Each inquiry process is different depending on the circumstances, which makes providing timeframes difficult. However, Assistants IGADF will provide next of kin with regular updates to ensure you know how the inquiry is progressing and when the draft report is complete. 

You may contact the Assistant IGADF or the Office of the IGADF and ask for an update at any time.

The Assistant IGADF will ask the senior next of kin how often they would like to receive updates. Updates are generally provided to the senior next of kin at least once every month or when there are significant developments. You are also welcome to contact the Office of the IGADF to request an update.

You may request a copy of the transcript. Each request will be considered, taking into account the need to preserve the integrity of the inquiry. The transcript may be given to you once other interviews have concluded.

Information gathered for an inquiry can usually only be released in circumstances permitted under the Inspector-General of the Australian Defence Force Regulation 2016. This typically prevents disclosure of the information to the next of kin or other family members.

There are many welfare and support services available to support those who are involved in an inquiry. You can find a list of available support services at https://www.igadf.gov.au/support-services.

Military Justice Audits ensure ADF units follow current military justice laws and policies, maintain effective procedures, and uphold members’ rights in all military justice matters—including discipline, administrative inquiries, sanctions, and complaints.

• Major ADF Units/Ships (with a military workforce of more than 50 personnel): every 3 years;
• Ab-initio Training Units: every 2 years;
• Special Forces Units: every 2 years; and
• Three non-major units (with a military workforce of less than 50 personnel): each year.

There are several phases during an audit. These include:

• Command Group Focus Group: Discuss command perspectives and concerns.
• Records Review: Assess compliance with policy, covering all relevant military justice activity in the past year; this includes interviews with key staff.
• Focus Groups: Separate sessions by rank/gender to gather candid views about justice processes.
• Survey: All participants complete a military justice survey for trend analysis.

Military Justice Audits adopt the Australian Standard on Assurance Engagements (ASAE 3500) to assess units against any significant variations to Defence law and policy. Significant variations are those involving serious non-compliance affecting members’ rights or systemic procedural failures.

Units with significant variations to Defence law and policy are informed of the corrective actions required by the unit audit report. A re-audit will occur within 12 months to assess if the problems have been corrected.