What if someone makes a false or malicious complaint?
In the past, some people in Defence have been concerned about people making false allegations about their colleagues in order to ‘make them pay’. Such behaviour constitutes serious misconduct, and needs to be managed appropriately. Anyone who intentionally makes false or malicious statements regarding unacceptable behaviour should be disciplined under the APS Code of Conduct, the Defence Force Discipline Act 1984, or (for Defence contracted staff) in accordance with the terms of the contract. Paragraphs 76 and 77 of DI(G) PERS 35-3 explain what should be done if you suspect that someone has made a vexatious complaint. If a complaint cannot be substantiated, it does not mean that it was false or malicious. In order for a complaint to be proven as vexatious, there must be evidence showing that the complainant has knowingly made false statements.
