Ombudsman Amendment (Defence Reparation Scheme) Regulations 2020

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 10 December 2020

David Hurley

Governor‑General

By His Excellency’s Command

Christian Porter

Attorney‑General

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Ombudsman Regulations 2017

1  Name

  This instrument is the Ombudsman Amendment (Defence Reparation Scheme) Regulations 2020.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Ombudsman Act 1976.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Ombudsman Regulations 2017

1  Subparagraph 14(1)(a)(iiia)

Repeal the subparagraph, substitute:

 (iiia) if the complaint is covered by subsection (1B)—making recommendations under section 14A in respect of the complaint;

2  After subsection 14(1A)

Insert:

 (1B) A new complaint is covered by this subsection if:

 (a) the complaint is about abuse allegedly engaged in by a member of Defence on or before 30 June 2014; and

 (b) either:

 (i) the complaint is made to the Defence Force Ombudsman on or before 30 June 2022; or

 (ii) a written notice of intention to make the complaint is given to the Defence Force Ombudsman on or before 30 June 2022 and the complaint is made to the Defence Force Ombudsman on or before 30 June 2023.

3  Section 14A (heading)

Repeal the heading, substitute:

14A  Payments to complainants—certain new complaints

4  Paragraphs 14A(1)(a) and (2)(a)

Omit “of a kind referred to in subparagraph 14(1)(a)(iiia)”, substitute “covered by subsection 14(1B)”.