Commentary First Group of Parts – Discipline Part 5 – Investigation, Charging and Mode of Trial Section 115: Duty of CO with respect to investigation of service offences
249.This section deals with situations (other than those in which a duty arises under section 113 or 114) in which a CO becomes aware of allegations or circumstances which would suggest to a reasonable person that someone within his command may have committed a service offence. In such cases the CO may ensure that, as soon as reasonably practicable, that the service police know of the matter. Alternatively he may ensure that the matter is appropriately investigated. An investigation other than by the service police will in many cases be appropriate, because service offences (defined in section 50) include all offences which may be committed by service personnel under the Act, including the less serious disciplinary offences.