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| Armed Forces (Service Complaints and Financial Assistance) Bill
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| Clause 2, page 6, line 28, after “may”, insert “, on an application to the |
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| Ombudsman by a person within subsection (1A),” |
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| | Member’s explanatory statement
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| | This amendment clarifies the provision made in new section 340H(1) for the Armed Forces Act |
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| | 2006 (inserted by clause 2 of the Bill) about the making of applications to the Service Complaints |
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| | Ombudsman. See also amendment 5. |
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| Clause 2, page 6, line 29, after “complaint”, insert “, where the Ombudsman is |
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| satisfied that the complaint has been finally determined” |
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| | Member’s explanatory statement
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| | This amendment makes a drafting change in consequence of amendment 9. It clarifies that the |
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| | Service Complaints Ombudsman may not investigate a service complaint unless satisfied that the |
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| | complaint has been finally determined. |
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| Clause 2, page 6, line 31, leave out from “complaint” to end of line 32 and insert |
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| “(including an allegation of undue delay), where the Ombudsman is satisfied that the |
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| complaint has been finally determined;” |
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| | Member’s explanatory statement
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| | This amendment makes minor drafting changes, including a change in consequence of amendment |
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| | 9. It clarifies that the Service Complaints Ombudsman may not investigate an allegation of |
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| | maladministration unless satisfied that the service complaint to which the allegation relates has |
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| Clause 2, page 6, leave out lines 33 to 37 and insert— |
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| | “(c) | an allegation of undue delay in the handling of a service complaint which |
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| | has not been finally determined; |
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| | (d) | an allegation of undue delay in the handling of a relevant service matter.” |
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| | Member’s explanatory statement
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| | This amendment clarifies when the Service Complaints Ombudsman may investigate an allegation |
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| | of undue delay in the handling of a service complaint or a relevant service matter (as to which, see |
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| Clause 2, page 6, line 37, at end insert— |
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| | “(1A) | The following persons are within this subsection— |
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| | (a) | in a case relating to a service complaint, the complainant; |
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| | (b) | in a case relating to a matter in respect of which a service complaint has |
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| | not been made, the person who raised the matter, |
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| | | and, in relation to a case mentioned in paragraph (b), references in the remainder |
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| | of this Part to the complainant and to a service complaint are to be read |
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| | respectively as references to the person and the matter mentioned in that |
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| | Member’s explanatory statement
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| | This amendment makes provision about who may make an application to the Service Complaints |
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| | Ombudsman for an investigation under new section 340H(1) of the Armed Forces Act 2006. |
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| Clause 2, page 6, line 37, at end insert— |
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| | “( ) | For the purposes of subsection (1)(d)— |
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| | (a) | “relevant service matter” means a matter of a kind about which a service |
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| | (i) | may be made, whether or not at the time of the application to the |
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| | Ombudsman such a complaint has been made, or |
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| | (ii) | could have been made (but for provision made by virtue of |
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| | (b) | the reference to the handling of a matter is to its handling before the |
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| | making of a service complaint (if any) about the matter.” |
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| | Member’s explanatory statement
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| | This amendment defines “relevant service matter” for the purposes of paragraph (d) of new |
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| | section 340H(1) of the Armed Forces Act 2006 (see amendment 4) and makes provision about the |
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| | reference to the handling of such a matter. |
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| Clause 2, page 6, line 39, after “writing,”, insert— |
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| | “( ) | must specify the kind (or kinds) of investigation which the complainant |
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| | wishes the Ombudsman to carry out (an investigation under a particular |
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| | paragraph of subsection (1) being a “kind” of investigation for this |
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| | Member’s explanatory statement
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| | This amendment provides that an application to the Service Complaints Ombudsman must specify |
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| | which type or types of investigation the applicant wants the Ombudsman to carry out. |
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| Clause 2, page 6, line 40, leave out “the” and insert “any other” |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 7. |
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| Clause 2, page 6, line 42, leave out from beginning to “a” in line 44 and insert— |
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| | “( ) | For the purposes of this section, a service complaint has been finally determined |
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| | Member’s explanatory statement
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| | This amendment converts new section 340H(3) for the Armed Forces Act 2006 into a general |
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| | proposition about when a service complaint is to be treated for the purposes of new section 340H |
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| | as having been finally determined. |
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| Clause 2, page 7, line 5, leave out “that” |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 9. |
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| Clause 2, page 7, leave out lines 7 to 11 and insert— |
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| | “( ) | The purpose of an investigation is— |
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| | (a) | in the case of an investigation under subsection (1)(a), to decide whether |
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| | the complaint is well-founded and, if so, to consider what redress (if any) |
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| | (b) | in the case of an investigation under subsection (1)(b), (c) or (d), to |
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| | (i) | whether the allegation is well-founded, and |
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| | (ii) | if so, whether the maladministration or undue delay to which the |
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| | allegation relates has or could have resulted in injustice being |
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| | sustained by the complainant.” |
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| | Member’s explanatory statement
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| | This amendment clarifies the purpose of an investigation under each paragraph of new section |
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| | 340H(1) for the Armed Forces Act 2006. |
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| Clause 2, page 7, line 11, at end insert— |
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| | “(4A) | The power to carry out an investigation under subsection (1)(a) or (b) includes |
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| | power to investigate any maladministration in the handling of the service |
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| | complaint where it becomes apparent to the Ombudsman during the course of an |
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| | investigation that any such maladministration may have occurred.” |
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| | Member’s explanatory statement
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| | This amendment provides for the circumstances in which the Service Complaints Ombudsman has |
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| | power to investigate maladministration in the handling of a service complaint (other than any |
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| | maladministration that the complainant has specifically alleged). |
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| Clause 2, page 7, line 12, after “application”, insert “in respect of a service |
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| complaint that has been finally determined” |
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| | Member’s explanatory statement
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| | This amendment is consequential on the amendments to new section 340H(1) for the Armed Forces |
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| | Act 2006 (in particular amendments 2 to 4). |
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| Clause 2, page 7, line 25, leave out “investigated an application relating to” and |
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| insert “carried out an investigation under subsection (1)(a) or (b) in relation to” |
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| | Member’s explanatory statement
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| | This amendment confines new section 340H(8), which prevents the Service Complaints |
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| | Ombudsman from investigating subsequent applications relating to a service complaint that the |
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| | Ombudsman has already investigated, to cases where the Ombudsman has carried out an |
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| | investigation under new section 340H(1)(a) or (b) in relation to the complaint. |
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| Clause 2, page 7, line 31, at end insert “; |
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| | (b) | whether to investigate a service complaint, or an allegation, as a whole or |
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| | only in particular respects.” |
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| | Member’s explanatory statement
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| | This amendment provides that the Service Complaints Ombudsman’s may investigate a service |
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| | complaint, or an allegation, in whole or in part. |
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| Clause 2, page 7, line 44, after “investigation”, insert “under section 340H(1)(b)” |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendments to new section 340H(1) of the Armed Forces Act |
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| Clause 2, page 8, line 43, at end insert “, and |
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| | (b) | any recommendations referred to in subsection (2A).” |
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| | Member’s explanatory statement
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| | This amendment requires the Service Complaints Ombudsman to include, in a report under new |
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| | section 340L, any recommendations required by subsection (2A) (see amendment 18). |
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| Clause 2, page 9, leave out lines 1 to 4 and insert— |
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| | “(2A) | Those recommendations are— |
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| | (a) | on an investigation under section 340H(1)(a) where the Ombudsman |
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| | finds that the service complaint to which the investigation relates is well- |
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| | founded, the Ombudsman’s recommendations (if any) on what redress |
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| | (b) | on an investigation under section 340H(1)(b), (c) or (d) where the |
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| | Ombudsman finds that the allegation to which the investigation relates is |
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| | well-founded, the Ombudsman’s recommendations (if any) as a result of |
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| | (c) | where, by virtue of section 340H(4A), the Ombudsman finds |
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| | maladministration in the handling of a service complaint, the |
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| | Ombudsman’s recommendations (if any) as a result of that finding.” |
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| | Member’s explanatory statement
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| | This amendment provides for the recommendations which the Service Complaints Ombudsman |
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| | can make as a result of findings on an investigation under any paragraph of new section 340H(1) |
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| | or by virtue of new section 340H(6). |
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| Clause 2, page 9, line 5, leave out “(2)” and insert “(2A)(b) or (c)” |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 18. |
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| Clause 2, page 9, line 8, after “maladministration”, insert “or undue delay to which |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 18. |
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| Clause 2, page 9, line 10, after “maladministration”, insert “or undue delay” |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 18. |
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