Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 22

22. (1) A complaint may be made to the Ombudsman under this Part by any person
(including a member) concerning action taken, whether before or after the
commencement of this Act, by a member.

(2) A complaint under sub-section (1) shall be made to the Ombudsman in
writing.

(3) A person who is detained in custody is entitled, upon making a request to
the person in whose custody he is detained or to another person performing
duties in connection with his detention -

   (a)  to be provided with facilities for preparing a complaint under this
        Part and for enclosing the complaint in a sealed envelope; and

   (b)  to have forwarded to the Ombudsman, without undue delay, a sealed
        envelope delivered by him to the person and addressed to the
        Ombudsman.

(4) Where a sealed envelope is delivered to a person under sub-section (3) for
forwarding to the Ombudsman, neither the person in whose custody he is
detained nor any other person performing duties in connection with his
detention is entitled to open the envelope or inspect any document enclosed in
the envelope.

(5) Notwithstanding anything contained in the Ombudsman Act 1976, the
provisions of that Act (other than section 19 of that Act) do not apply to or
in relation to action that is, within the meaning of that Act, action taken by
the Australian Federal Police or to action that is, within the meaning of this
Act, action taken by a member of the Australian Federal Police, whether that
action was taken before, or is taken after, the commencement of this Act, if
that action is the subject of a complaint made, or to be treated, by virtue of
sub-section (6), as having been made, to the Ombudsman under sub-section (1).

(6) For the purpose of sub-section (5), if a complaint is made to the
Ombudsman under the Ombudsman Act 1976, after the commencement of this Act,
with respect to action that is, within the meaning of the Ombudsman Act 1976,
action taken by the Australian Federal Police or with respect to action that
is, within the meaning of this Act, taken by a member of the Australian
Federal Police, the Ombudsman shall treat the complaint as if it were a
complaint made to him under sub-section (1).

(7) Notwithstanding sub-section (5) -

   (a)  where a complaint made to the Ombudsman under sub-section (1) is, as
        to part, a complaint with respect to action taken by a member and, as
        to the remainder, a complaint with respect to action that is, within
        the meaning of the Ombudsman Act 1976, action taken by a Department or
        a prescribed authority other than the Australian Federal Police; or

   (b)  where a complaint made to the Ombudsman under the Ombudsman Act 1976,
        after the commencement of this Act is, as to part, a complaint with
        respect to action that is, within the meaning of that Act, action
        taken by the Australian Federal Police or with respect to action that
        is, within the meaning of this Act, action taken by a member of the
        Australian Federal Police, or both, and, as to the remainder, a
        complaint with respect to action that is, within the meaning of the
        Ombudsman Act 1976, action taken by a Department or a prescribed
        authority other than the Australian Federal Police, the Ombudsman
        shall treat the first-mentioned part of the complaint as if it were a
        complaint made to him under sub-section (1) and the remainder of the
        complaint as if it were a separate complaint made to him under the
        Ombudsman Act 1976.