Oireachtas Joint and Select Committees

Thursday, 29 June 2023

Committee on Public Petitions

Ombudsman for the Defence Forces Annual Report 2021: Office of the Ombudsman for the Defence Forces

Mr. Justice Alan Mahon:

I understand. The 12-month limitation period is measured from the date of what is called the "action", that is, when the incident took place. There 12 months from then to get a complaint into my office. Alternatively, it is 12 months from the date the person becomes aware the incident affects them in whatever way. It is whichever is the later. This is all dealt with in section 6 of the Act, I think. An individual might have a complaint about something that happened three years ago, perhaps a decision that was taken, and he or she has only recently learned it affects them. That person should be okay because he or she can say he or she only learned about it within the last 12 months.

On protected disclosures, the 2014 Act amended the 2004 Act, which is our Act. In effect, it added another category, namely, penalisation for having made a protected disclosure.

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