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AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 40SA Giving information that raises an AFP conduct or practices issue

AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 40SA

Giving information that raises an AFP conduct or practices issue

  (1)   A person may give information that raises an AFP conduct or practices issue to:

  (a)   the Commissioner; or

  (b)   an AFP appointee.

  (2)   The person:

  (a)   may give the information orally or in writing; and

  (b)   may give the information anonymously.

  (3)   For the purposes of this Act, the person is a complainant in relation to the AFP conduct or practices issue, if:

  (a)   the person expressly indicates; or

  (b)   the manner in which the person gives the information necessarily implies;

that he or she wishes to be kept informed of the action taken in relation to the issue.

  (4)   If the person gives the information orally, the Commissioner, the AFP appointee to whom the information is given or the AFP appointee or other person to whom the issue is allocated:

  (a)   may reduce the information to writing; and

  (b)   may, at any time, require the person giving the information to reduce the information to writing; and

  (c)   may, if he or she makes a requirement under paragraph   (b), decline to take any further action in relation to the information until the person giving the information reduces the information to writing.

  (5)   If the Ombudsman decides to refer information under subsection   6(21) of the Ombudsman Act 1976 , the person who gave the information to the Ombudsman is taken to have given the Commissioner information that raises an AFP conduct or practices issue under this section.

  (6)   A person's right to give information under this section:

  (a)   is in addition to the provisions of any other law; and

  (b)   does not affect the operation of any other law; and

  (c)   without limiting the generality of paragraphs   (a) and (b), does not:

  (i)   prevent or affect the taking of legal proceedings under some other law in respect of conduct engaged in by an AFP appointee; or

  (ii)   affect the operation of any other law in respect of legal proceedings so taken.