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      Reporting abuse

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      Reporting abuse

      The Defence Force Ombudsman (DFO) receives reports of abuse within Defence and is empowered to take appropriate action in response. Appropriate action may include:

      • investigation
      • recommendations to Defence
      • referrals to counselling
      • restorative engagement.

      The Defence Abuse Reparation Scheme closed to new reports on 30 June 2022. More information about the Defence Abuse Reparation Scheme is below.

      Under Part 3 of the Ombudsman Regulations 2017, the DFO has specific ongoing functions with respect to reports of abuse, including to:

      • take appropriate action to respond to a complaint of abuse in Defence, and
      • inquire into Defence’s practices and procedures relating to making and responding to reports of abuse, and the effectiveness and appropriateness of those procedures.

      The purpose of these functions is to provide an independent complaints mechanism for those who are uncomfortable reporting abuse within Defence and recommend ways for Defence to improve how it responds to reports of abuse.

      On this page, you will find details of:

      • what abuse is within the DFO’s jurisdiction
      • how to submit a report of abuse and what to expect after you lodge a report
      • information about our Restorative Engagement Program
      • other ways you can report abuse, and
      • how your information is managed and your rights to access information.

      What forms of abuse are covered?

      The DFO can receive and respond to a report of abuse that has occurred in Defence at any time. The earliest report 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)

      which occurred between 2 (or more) people who were serving members at the time.

      ‘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 accept a report of abuse, and take appropriate action, the DFO must be satisfied that the abuse is reasonably likely to have occurred – that is, a real, and not remote, chance or likelihood that something occurred. The abuse must also have a sufficient connection to a person’s employment in Defence for it to be accepted under the DFO’s abuse reporting function.

      Who can make a report of abuse?

      We can receive reports 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.

      There is no need to have reported the matter to Defence before coming to us.

      You can report experiences of abuse to us without legal representation. Alternatively, someone else can make a report of abuse on your behalf, but you will need to authorise them to act on your behalf by completing our Permission for another person to act on my behalf form. Please see our Nominating another person to act on behalf of a reportee Fact Sheet for more information.

      If you require support filling out your report, please contact your local ex-service organisation (ESO) advocate. ESO advocates are experienced in both Defence matters and completion of these reports. To find your local ESO advocate to help assist you with the reporting process, please visit: Find an advocate | Department of Veterans' Affairs (dva.gov.au)

      You can make a report and not provide your personal details. The information in your report can assist in identifying systemic issues or areas of concern in Defence. But we will need certain information, including your identifying details, to progress an assessment or investigation of your report. We will also need your consent to share some information with Defence to progress an assessment or investigation.

      What does ‘taking appropriate action’ mean?

      The Ombudsman Regulations 2017 give the DFO the broad function of ‘taking appropriate action to respond’ to a report of abuse.

      The options available to the DFO include:

      • investigating the report of abuse and making recommendations to Defence
      • facilitating referrals to counselling
      • facilitating a restorative engagement conference through the DFO’s Restorative Engagement Program.

      The options available to the DFO in ‘taking appropriate action’ no longer include recommending that Defence make a reparation payment, as the Defence Abuse Reparation Scheme closed to new reports on 30 June 2022. More information about the Defence Abuse Reparation Scheme is below.

      Consistent with the role of an Ombudsman, in exercising these functions, the DFO does not propose to make findings of guilt or innocence, and does not have determinative powers.

      The Ombudsman Regulations 2017 also allow the DFO to disclose information, as appropriate and having regard to the safety of reportees, 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.

      How do I report the abuse?

      You can report Defence abuse to us in writing by completing our Reporting Abuse in Defence Form:

      When you are ready to submit your report, 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 report is received.

      There is further information available in the following factsheets:

      If you are lodging a report of abuse in order to access the Restorative Engagement Program and you previously lodged a report of your abuse to the Defence Abuse Response Taskforce (DART), you do not need to complete the Reporting Abuse in Defence form. Please contact DFO directly by email at defenceforce.ombudsman@ombudsman.gov.au with your details.

      If completing the Reporting Abuse in Defence form is causing you difficulty or you would like support, please contact ex-service organisation (ESO) advocates, who can support you through the reporting process. To find your local ESO advocate to help assist you with the reporting process, please visit: Find an advocate | Department of Veterans' Affairs (dva.gov.au)

      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

      What happens when I make a report of abuse?

      We will conduct a thorough assessment of each individual report of abuse we receive. We can accept reports where we are satisfied:

      • the reported conduct is 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 report, we will advise you whether we have accepted your report and the actions that may be appropriate to take in response to your report.

      Restorative Engagement Program

      If your report of abuse is accepted as being within the DFO’s jurisdiction, you may choose to participate in the Office’s Restorative Engagement Program.

      This program is designed to support you, as a reportee 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.

      Reportees are able to nominate a support person to enhance the process and provide support throughout their engagement in the program. Read our Support Person Fact Sheet (PDF) for more information.

      Counselling

      You can request a referral to Open Arms - Veterans & Families Counselling which we will process as promptly as possible. Please contact the DFO directly by email at defenceforce.ombudsman@ombudsman.gov.au with your request.

      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 at: https://www.defence.gov.au/about/complaints-incident-reporting/unacceptable-behaviour.

      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 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 at www.nationalredress.gov.au for more details or contact Knowmore (https://knowmore.org.au/) which provides free advice and assistance with the National Redress Scheme.

      What happens to the information I provide in my report?

      We treat all information confidentially in accordance with our Privacy Policy.

      We will share your name and Part B of your report of abuse form with Defence in order to confirm your record of service and to obtain other information relevant to the report. We will only do this with your written consent (incorporated into Part A of the report of abuse form). All of your personal information will be kept confidential by Defence.

      How do I request copies of my information?

      Records relating to Defence abuse – administrative access scheme (the scheme)

      About the scheme

      This is an administrative access scheme for the release of documents held by our Office relating to its DFO functions, and specifically reports 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.

      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.

      The scheme's procedures

      How to make a request

      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.

      Referral to FOI process in appropriate cases

      A request will be initially considered to determine whether it is appropriate to be dealt with under the administrative access scheme. 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.

      Proof of Identity

      We may require proof of the requestor's identity before we can grant access to any documents. A copy of a photographic identification document, such as a driver’s license, will be enough.

      Form of access

      Unless otherwise requested, we will give access electronically to the relevant documents. You can request for access in another form, such as paper form.

      Charges

      There is no charge for the costs associated with providing access to documents under the scheme.

      Requests for access to documents under the FOI Act

      Any person who makes a request for access under the administrative access scheme is also entitled to make an application to the Office for access to documents under the FOI Act. A person can choose to make a FOI request rather than seek access via this scheme.

      You can get information about making a FOI request from our website. You can lodge a request via the contact details below:

      Information.Access@ombudsman.gov.au, or

      Office of the Commonwealth Ombudsman 
      GPO Box 442 
      Canberra ACT 2601

      Your rights under Freedom of Information

      The FOI Act gives any person the right to:

      • seek access to documents
      • ask for further information about them in documents to be changed or annotated if it is incomplete, out of date, incorrect or misleading
      • seek a review of the decision not to allow access to a document or not to amend your personal record.

      You can ask under the FOI Act to see any DART document that is held in the Office’s record storage facilities. Access can be refused to documents or parts of documents that are exempt. Exempt documents may include those containing personal information about someone else, where disclosure would be unreasonable and contrary to the public interest, documents containing material obtained in confidence or other matters set out in the FOI Act.

      In addition, the National Redress Scheme (NRS) (www.nationalredress.gov.au) sends requests for information (RFI) to Defence. In response to the NRS request, Defence contacts our Office, as custodian of the DART records and in relation to our reporting abuse function, to request advice about the following:

      1. whether a person was a complainant to the DART,
      2. if they received a payment from the DART, and if so, when the payment was made and for what amount,
      3. details about the reported conduct (ie sexual abuse), and
      4. we also confirm if a person has lodged a report of abuse with our Office.

      Defence Abuse Reparation Scheme

      The Defence Abuse Reparation Scheme commenced in December 2017 and closed to new reports of abuse on 30 June 2022.

      For reports of abuse that were made to the DFO either:

      • on or before 30 June 2022, or
      • on or before 30 June 2023 where a written intent to report abuse was lodged with our office on or before 30 June 2022,

      the DFO had a limited power to recommend that Defence make reparation payments to the victims of such abuse. New reports of Defence abuse are no longer eligible for a reparation payment. These timeframes are legislated in the Ombudsman Regulations 2017. The DFO does not have any discretion to change or provide any exemptions to this timeframe.

      Timeframes for deciding reports of abuse seeking a reparation payment

      When you make a report of abuse, how long the assessment or investigation process takes will vary depending on the nature and extent of the report, and the information provided. It may also depend on which era the abuse occurred in, what service it pertains to, and whether external parties were involved.

      Please note our assessment of reports that are eligible for reparation payments can take between 12 and 18 months. This timeframe includes seeking information from Defence required to progress and finalise our assessment.

      Review process

      If we advise you that part or all of your report 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.

      More information on review processes can be found in the Defence Abuse Review Processes Fact Sheet.

      Statistics

      You can find the current ‘Reporting abuse in Defence’ statistics below:

      Reporting abuse in Defence statistics – 31 October 2024 (PDF)

      Forms, Factsheets and FAQs

      Please see our Fact Sheets and Frequently Asked Questions (FAQs) for more information about reporting abuse in Defence.