Making a complaint about abuse
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The Office of the Commonwealth Ombudsman, in its role as the Defence Force Ombudsman (DFO), offers a safe and independent avenue for past or serving Australian Defence Force (Defence) members to make a complaint about abuse experienced during their service.
Some people may not feel comfortable reporting internally through Defence pathways.
The DFO aims to provide an impartial, supportive and confidential process, external from Defence.
Complaint of Abuse
The Office of the Commonwealth Ombudsman, in its role as the Defence Force Ombudsman (DFO), offers a safe and independent avenue for past or serving Australian Defence Force (Defence) members to make a complaint about abuse experienced during their service.
The DFO’s function with respect to complaints of abuse is provided by Regulation 14 of the Ombudsman Regulations 2017.
Some people may not feel comfortable reporting internally through Defence pathways. The DFO aims to provide an impartial, supportive and confidential process, separate from Defence.
The DFO can take appropriate action to respond to complaints of abuse.
The DFO can accept both historical and current complaints of abuse. There is no requirement that complaints of abuse be reported to or dealt with by an internal Defence complaints mechanism before approaching the DFO.
Submitting a complaint of abuse
You can make a complaint of abuse to us in writing by submitting a complaint online.
Alternatively, you can download our Making a complaint about Abuse in Defence form (Word Version). When you are ready to submit your complaint, you may email it to us at defenceforce.ombudsman@ombudsman.gov.au or you can post it to us at GPO Box 442 Canberra ACT 2601.
You will receive an acknowledgement from our Office soon after the complaint is received.
Who can make a complaint
We can receive complaints of abuse from:
- serving members of Defence
- former members of Defence
- Australian Public Service employees (or contractors), if the abuse occurred while deployed overseas in connection with Defence activities.
You can make a complaint and not provide your personal details.
The information in your complaint can assist in identifying systemic issues or areas of concern in Defence.
We are unlikely to be able to progress an investigation without your identifying information.
We will also need your consent to share some information with Defence to progress an assessment or investigation.
What forms of abuse are covered
The DFO can respond to a complaint of abuse that has occurred in Defence at any time.
The earliest complaint of abuse the DFO has received occurred in 1946.
Abuse includes:
- sexual abuse
- serious physical abuse, or
- serious bullying or harassment (e.g. patterns of conduct that are repeated and ongoing).
The abuse must have occurred between 2 (or more) people who were members of Defence at the time.
The abuse must also have a sufficient connection to a person’s employment in Defence
‘Member of Defence’ is defined to include a person who was, at the time the abuse occurred, a member of the Australian Defence Force or another person deployed overseas with the Australian Defence Force (whether as an employee or contractor).
To take appropriate action in response to a complaint of abuse, the DFO must be satisfied that the abuse is reasonably likely to have occurred.
This means that for a complaint to be accepted under the DFO’s abuse function there has to be a real, and not remote, chance or likelihood that something occurred.
How are complaints assessed
We will conduct a thorough assessment of each individual complaint of abuse we receive. We can accept complaints where we are satisfied:
- the complaint is about abuse
- the abuse is reasonably likely to have occurred
- you were, at the time of the alleged abuse, a serving member of Defence
- the alleged abuser was a serving member of Defence
- there is a connection between the alleged abuse and your employment in Defence.
After we have assessed your complaint, we will advise you whether we have accepted your complaint and the actions that may be appropriate to take in response to your complaint.
Possible Outcomes
The Ombudsman Regulations 2017 give the DFO the broad function of taking appropriate action to respond to a complaint of abuse.
The options available to the DFO include:
- helping resolve your complaint with Defence, which can include the DFO investigating the complaint of abuse and making suggestions or recommendations to Defence.
- facilitating a Restorative Engagement Conference so you can receive an acknowledgement and apology from Defence.
- using a process to address or resolve the complaint, for example through alternative dispute resolution.
- making recommendations to Defence about systemic issues, allowing your complaint to contribute to Defence’s cultural reform.
The Ombudsman Regulations 2017 also allow the DFO to disclose information, as appropriate and having regard to the safety of complainant, to Defence, including to inform Defence of areas where cultural change has been less effective and where there are systemic issues of abuse or poor management of complaints.
Counselling
At any time through your engagement with our Office, we can assist you with a referral to counselling with Open Arms - Veterans & Families Counselling.
If you would like to receive a referral to Open Arms, please contact the DFO by email at defenceforce.ombudsman@ombudsman.gov.au and we will process your request as soon as possible.
You do not require a referral from our Office to access this service.
You are able to contact Open Arms directly to organise a self-referral: call 1800 011 046.
For more information, visit Open Arms - Veterans & Families Counselling (external).
Restorative Engagement Program
One of the actions we may take to respond to a complaint of abuse is to facilitate participation in the Office’s Restorative Engagement Program.
This program is designed to support you, as a complainant of abuse, to tell your personal story of abuse to a senior representative from Defence in a safe, private, facilitated meeting—a Restorative Engagement Conference. The conference also provides the opportunity for Defence to acknowledge and respond to your personal story of abuse.
For more information, please read our Restorative Engagement Fact Sheet which provides an overview of the process for those thinking of participating in the program.
Support submitting a complaint
If you would like support engaging with our Office and submitting your complaint, you can have someone make a complaint on your behalf.
You will need to authorise them to act on your behalf by completing our Permission for another person to act on my behalf form.
If you require support filling out your complaint, you can contact your local ex-service organisation (ESO) advocate.
ESO advocates are experienced in both Defence matters and completion of these complaints.
To find your local ESO advocate to help assist you with the complaint process, please visit: Find an advocate | Department of Veterans' Affairs (external).
If you need mental health support, help is available at these 24-hour services:
- Lifeline: 13 11 14
- Beyond Blue: 1300 224 636
- Open Arms – Veterans & Families Counselling: 1800 011 046
Other ways to report abuse
Reports of abuse can also be made internally within Defence.
An overview of the various Defence internal mechanisms can be found on their website (external).
These include:
- 1800 DEFENCE – for the management and reporting of unacceptable behaviour
- 1800 SeMPRO – provides immediate and confidential support and advice to persons impacted by sexual misconduct.
If you experienced sexual abuse prior to 1 July 2018 and were under the age of 18 years at the time, you may be eligible for a reparation payment from the National Redress Scheme.
Please see the National Redress Scheme website (external) for more details or contact Knowmore which provides free advice and assistance with the National Redress Scheme.
Their contact details can be found on the Knowmore website (external).
How to request copies of my information
Records relating to Defence abuse – administrative access scheme
The DFO is able to release documents relating to complaints of abuse directly to the complainant or a nominated individual acting on their behalf. This is an administrative access scheme for the release of documents held by our Office relating to its DFO functions, and specifically complaints of abuse within Defence. The scheme design helps the release of certain documents, in response to a specific request, outside the formal process set out in the Freedom of Information Act 1982 (FOI Act).
Records of the Defence Abuse Response Taskforce (DART) have been transferred to the DFO and are in our possession for the purposes of the FOI Act and can also be requested under this scheme.
The purpose of this scheme is to deal with requests that could also be made under the FOI Act.
Accessing documents through the scheme
A person who reported Defence abuse to our Office or the DART may request access to documents held by our Office, which contain the personal information of the person who reported the abuse.
To request access to documents under the administrative access scheme contact:
Information.Access@ombudsman.gov.au, or
Office of the Commonwealth Ombudsman
GPO Box 442
Canberra ACT 2601
The request should:
- clearly state the documents which you are requesting
- provide your contact details (including an email address if available). If you are making a request on behalf of someone else, include that person’s written, signed consent.
We aim to deal with requests by complainants for access to their own information within 30 business days of receiving the request.
We may not give access to documents or parts of those documents where access would not be required under the FOI Act. For example, personal information of a third party will be deleted, as will any information which would damage national security. If it would be more appropriate for the request to be dealt with under the FOI Act, the person requesting the information will be notified of this and of the Freedom of Information process within seven days of receiving the request.
More information regarding the FOI process can be found on the FOI webpage.
Review process
If we advise you that part or all of your complaint of abuse is out of the DFO’s jurisdiction to take further action, you can request a review. A request for a review should be submitted within 28 days of the Ombudsman’s decision being made.
This should include additional information about the abuse you experienced. Should you require more time you are able to request an extension past 28 days.
Factsheets and FAQs
Please see our Fact Sheets and Frequently Asked Questions (FAQs) for more information about reporting abuse in Defence.