Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 11

11. (1) As soon as practicable after the Commissioner receives a report of the
results of the investigation, or further investigation, of a complaint by the
Investigation Division or a report of the results of a special or additional
investigation of a complaint by the Ombudsman, the Commissioner shall consider
the report, together with -

   (a)  in the case of a report of the results of the investigation, or
        further investigation, of a complaint by the Investigation Division -
        any notification or recommendation under section 36 that he may have
        received with respect to the report; or

   (b)  in the case of a report of the results of a special or additional
        investigation of a complaint by the Ombudsman - any recommendation
        under sub-section 26 (3) that he may have received with respect to the
        report, and, without limiting the generality of the foregoing, shall
        consider whether, in his opinion, any action should be taken by way of
        charging a member or members.

(2) Where the Commissioner receives a notification or recommendation under
section 36 with respect to a report of the results of the investigation, or
further investigation, of a complaint by the Investigation Division after he
has complied with sub-section (1) in respect of the report, he shall consider
the notification or recommendation in conjunction with a further consideration
of the report and, without limiting the generality of the foregoing, shall
consider whether, in his opinion, any action, or any further action, should be
taken by way of charging a member or members.

(3) Where, upon complying with sub-section (1) or (2) in respect of a report
of the results of the investigation, or further investigation, of a complaint
by the Investigation Division or upon complying with subsection (1) in respect
of a report of the results of a special or additional investigation of a
complaint by the Ombudsman, the Commissioner proposes -

   (a)  that a member or members be charged; or

   (b)  that no action be taken by way of charging any member or members, the
        Commissioner shall confer with the Ombudsman concerning his proposal
        and may, from time to time in the course of so conferring, modify his
        proposal having regard to relevant matters, including matters put to
        him by the Ombudsman.

(4) Subject to sub-section (5), when the Commissioner has conferred with the
Ombudsman in respect of a report, the Commissioner shall give effect to the
proposal put by him to the Ombudsman.

(5) Where the result of the Commissioner's conferring with the Ombudsman in
respect of a report was that the Ombudsman expressly disagreed, either in
whole or in part, with the proposal that was put to him, the Commissioner
shall refer the matter on which they disagreed to the Attorney-General.

(6) A reference in sub-section (4) or (5) to a proposal put by the
Commissioner to the Ombudsman shall, in a case where the proposal first put by
the Commissioner to the Ombudsman in the course of his conferring with the
Ombudsman was later modified, be construed as a reference to the proposal so
first put as modified or last modified in the course of his so conferring.

(7) Where the Commissioner refers a matter to the Attorney-General under
sub-section (5), the Attorney-General shall, after considering the report to
which the matter relates and the results of any inquiries he makes or causes
to be made -

   (a)  direct what action (if any) should be taken by way of charging the
        member, or any of the members, as the case may be, to whom the matter
        relates; or

   (b)  direct that no action should be taken at that time by way of charging
        the member, or any of the members, as the case may be, to whom the
        matter relates pending -

        (i)    unless sub-paragraph (ii) applies - further investigation by
               the Investigation Division under Part II or by the Ombudsman
               under Part III, as the Attorney-General determines; or

        (ii)   if the matter referred to the Attorney-General relates to a
               complaint that was the subject of a special or additional
               investigation by the Ombudsman - further investigation by the
               Ombudsman under Part III.

(8) Nothing in this section shall be taken to limit the powers conferred on
the Ombudsman by section 36 in relation to a complaint.

(9) In this section -

   (a)  a reference to the additional investigation of a complaint by the
        Ombudsman shall be construed as a reference to an investigation of the
        complaint conducted by the Ombudsman in accordance with a notification
        made under sub-paragraph 36 (1) (a) (ii) or 36 (2) (a) (i);

   (b)  a reference to the charging of a member shall be construed as a
        reference to the charging of a member with an offence or breach of
        discipline;

   (c)  a reference to the modification of a proposal shall be construed as
        including a reference to the substitution of a proposal for another
        proposal;

   (d)  a reference to a notification under section 36 shall be construed as a
        reference to a notification under paragraph 36 (1) (b) or (2) (b);

   (e)  a reference to a recommendation under section 36 shall be construed as
        a reference to a recommendation under paragraph 36 (1) (c) or (2) (c);
        and

   (f)  a reference to the special investigation of a complaint by the
        Ombudsman shall be construed as a reference to an investigation of the
        complaint by the Ombudsman in pursuance of section 46.