Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 19

19. (1) Where the Commissioner considers that a complaint made under section 6
with respect to action taken by a member may properly be dealt with by
attempting to reconcile the complainant and the member, the Commissioner may,
after having notified the Ombudsman and the officer in charge that he intends
to do so, attempt to reconcile the complainant and the member.

(2) The Commissioner shall not notify the Ombudsman, under subsection (1),
that he intends to attempt to reconcile the complainant and the member
concerned if he has been notified by the Ombudsman that the Ombudsman intends
to attempt to reconcile the complainant and the member concerned.

(3) Where the Commissioner becomes satisfied -

   (a)  that a reconciliation has been effected between the complainant and
        the member concerned; or

   (b)  that, for any reason, it is unlikely that he will be able to effect a
        reconciliation between the complainant and the member concerned, the
        Commissioner shall inform the Ombudsman and the officer in charge that
        he is so satisfied and, in a case where he notifies them that he is
        satisfied of the matter referred to in paragraph (a), furnish
        particulars of the basis on which the reconciliation has been
        effected.

(4) The officer in charge may, in his discretion, defer the investigation, or
further investigation, of the complaint pending the outcome of an attempt
under this section to effect a reconciliation between the complainant and the
member concerned, but not after he has been informed that the Commissioner is
satisfied of the matter referred to in paragraph (3) (b).

(5) Where the officer in charge is informed that the Commissioner is satisfied
of the matter referred to in paragraph (3) (a), he shall take no action, or no
further action, by way of investigating the complaint, or investigating the
complaint further, unless the Ombudsman requests the Commissioner, in writing,
to cause the complaint to be investigated, or further investigated, by the
Investigation Division.

(6) A statement made by a member, or an answer of a member to a question asked
of him, in the course of an attempt under this section to effect a
reconciliation is not admissible in evidence against that member in
proceedings (including proceedings for or in relation to a breach of
discipline).

(7) Nothing in this section shall be taken to prevent the Ombudsman from
investigating under Part III a complaint made under section 6 that is, in
substance, a complaint about the practices and procedures of the Australian
Federal Police.