Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 24

24. (1) Where a complaint has been made to the Ombudsman under this Part
concerning action taken by a member, the Ombudsman may, in his discretion,
determine that the complaint should not be investigated, or investigated
further, as the case requires, under this Act -

   (a)  if he is satisfied that the complainant became aware of that action
        more than 12 months before the complaint was made and that undue
        hardship will not be caused to the complainant if that action is not
        investigated or further investigated;

   (b)  if, in his opinion -

        (i)    the complaint is frivolous or vexatious or was not made in good
               faith; or

        (ii)   the complainant does not have a sufficient interest in the
               subject matter of the complaint, and there are no special
               reasons justifying the investigation, or further investigation,
               of that action;

   (c)  if a person has been charged with an offence or breach of discipline
        in relation to the action complained of; or

   (d)  if, in his opinion, the investigation or further investigation, of
        that action is unnecessary having regard to all the circumstances of
        the case.

(2) Where the Ombudsman is satisfied, with respect to a complaint that has
been made to him under this Part, that the complainant has exercised a right
to cause the action complained of to be reviewed by a court or tribunal
constituted by or under a law, the Ombudsman shall determine that the
complaint should not be investigated, or investigated further, as the case
requires, under this Act unless he is of the opinion that there are special
reasons why the complaint should be investigated, or investigated further,
under this Act.

(3) Where, for any reason referred to in this section, the Ombudsman makes a
determination referred to in sub-section (1) or (2), he shall inform the
complainant and the Commissioner accordingly in writing and furnish to the
complainant and to the Commissioner particulars of his reasons for so
determining.

(4) Where the Ombudsman makes a determination under sub-section (1) or (2) in
respect of a complaint, section 23 shall not be taken to require him to
commence or to continue an investigation of the complaint or to refer the
complaint to the Investigation Division.

(5) Where a complaint is made to the Ombudsman under this Part by a
complainant at the request of another person or of a body of persons, this
section applies as if references to the complainant were references to the
person or the body of persons at whose request the complaint is made.

Division 2 - Investigations by the Ombudsman