Commentary on provisions of the Act Section 4: Commissioner’s role in relation to general Service welfare
Subsection (2) inserts new sections 340IA and 340IB into AFA 2006, while subsection (3) inserts new section 340LA. Commentary of the new sections are set out below in paragraphs 34 to 40.
	Subsection (4) amends the current requirement under section 340O of the AFA 2006, for the Service Complaints Ombudsman to prepare an annual report on the service complaints system. This existing function is transferred to the Commissioner (see Section 2) but broadened to include the Commissioner’s new functions. Subsection (4)(b) places an additional requirement on the Commissioner to include in the annual report a summary of any findings and recommendations made by the Commissioner in connection with an investigation carried out under new section 340IA during that reporting year. This must be included in the annual report regardless of whether these findings and recommendations have already been contained in a report under new section 340LA (see paragraph 48 below).
	Subsection (5) ensures that the power to make regulations under new section 340IA(4) or (5)(e) (see commentary below) is covered by section 373(3) of the AFA 2006. This means any statutory instrument containing regulations under section 340IA(4) or (5)(e) are to be laid in draft and must be approved by both Houses of Parliament before coming into effect (i.e. the statutory instrument must follow the "affirmative resolution" procedure).