Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Preliminary procedures and investigation of charges - Initial referral of charges

110: Charge must be referred to commanding officer, superior commander, or detachment commander in certain circumstances

You could also call this:

"Telling a boss about accusations against Armed Forces members"

Illustration for Armed Forces Discipline Act 1971

If someone in the Armed Forces is accused of something, you need to follow some rules. You have to tell a commanding officer, superior commander, or detachment commander about the accusation if the accused is a high-ranking officer or does not have a subordinate commander who can deal with the accusation. The accusation must be referred to the right person who can make decisions about what happens next. You refer the accusation to the accused's detachment commander or commanding officer if they can make decisions about the accusation. If not, you refer it to a superior commander who can make those decisions. The detachment commander, commanding officer, or superior commander will then deal with the accusation. There are some exceptions to this rule, which are outlined in other parts of the Armed Forces Discipline Act. For example, the accusation might need to be referred to someone else, or someone else might need to make decisions about what happens next, as provided in the Act, which was amended by the Armed Forces Discipline Amendment Act (No 2) 2007. The person dealing with the accusation will follow the rules outlined in the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403408.

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109: Charge must be referred to subordinate commander in certain circumstances, or

"When you're accused of doing something wrong in the Armed Forces, your charge goes to your boss."

111: Accused must be remanded for trial in Court Martial and charge must be referred to Director of Military Prosecutions in certain circumstances, or

"You must go to Court Martial if there's no one to deal with your charge"

Part 5Investigation and summary trial of charges
Preliminary procedures and investigation of charges: Initial referral of charges

110Charge must be referred to commanding officer, superior commander, or detachment commander in certain circumstances

This section applies if—
an allegation has been recorded in the form of a charge; and
either or both of the following apply:
1. the accused is of or above the rank of chief petty officer in the Navy, staff sergeant in the Army, or flight sergeant in the Air Force:
2. the accused does not have a subordinate commander who is empowered to act as a disciplinary officer in relation to the charge.

The charge against the accused must be referred to—
his or her detachment commander or commanding officer if that officer is empowered to act as a disciplinary officer in relation to the charge; or
a superior commander in the accused’s chain of command who is empowered to act as a disciplinary officer in relation to the charge.

The detachment commander, commanding officer, or superior commander must act under this subpart as the disciplinary officer in relation to the charge.
Subsection (3) is subject to any other provision of this Part that provides for—
the referral of the charge to another person; or
another person to act as the disciplinary officer in relation to the charge.

Notes

Section 110: substituted, on 1 July 2009, by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).