Legal background Service Complaints
In addition to the service justice system, Part 14A of the AFA 2006 sets out the service complaints system for the armed forces. The current service complaints system has been in place since 2008 and was subject to amendment by the Armed Forces (Service Complaints and Financial Assistance) Act 2015. The system provides a means for persons subject to service law to obtain redress where they think themselves wronged in any matter relating to their service (see section 340A of the AFA 2006). The system is overseen by an independent officeholder, the Service Complaints Ombudsman, established under section 365B of the AFA 2006.
	Part 14A mandates the Defence Council to make procedures for the operation of the service complaints system by way of regulations. In outline, the key features of the complaints procedure are as follows:
A service complaint is made by a service person submitting a statement of complaint to an officer of a description specified in regulations, who will decide whether all or part of a service complaint is admissible. The complainant has the right to apply to the Service Complaints Ombudsman to seek a review of the commanding officer’s admissibility decision.
Once there has been a decision by either the commanding officer or the Service Complaints Ombudsman that a service complaint is admissible, the commanding officer will refer the complaint to a nominated Defence Council delegate to appoint a Decision Body. The Decision Body consists of one or more individuals, appointed to investigate and make a decision on a service complaint.
If a complainant is dissatisfied with the decision of the Decision Body, they can submit an appeal to the nominated Defence Council delegate. Prior to the AFA 2021 the time limit for bringing an appeal could not be less than six weeks beginning with the day on which the complainant received notification of that decision, unless the nominated Defence Council delegate considered it just and equitable to allow it after this period. Once the nominated Defence Council delegate (or, following a review, the Service Complaints Ombudsman) decides that an appeal can proceed, they must appoint an Appeal Body. The Appeal Body will determine whether the service complaint is well-founded.
The complainant may apply to the Service Complaints Ombudsman against the final decision of the Appeal Body on substantive grounds or grounds of maladministration. Again, before the AFA 2021, an application to the Service Complaints Ombudsman on either ground had to be made in writing within six weeks of the day on which the complainant received notification of the decision, unless the Service Complaints Ombudsman considered it is just and equitable to allow it after this period. A complainant may also apply to the Service Complaints Ombudsman in relation to an ongoing service complaint where undue delay is alleged.