Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 25

25. (1) Before commencing to investigate a complaint under this Part, the
Ombudsman shall inform the responsible Minister and the Commissioner that the
complaint is to be investigated.

(2) An investigation under this Part shall be conducted in private and,
subject to this Act, in such manner as the Ombudsman thinks fit.

(3) Whenever it becomes necessary or desirable for the Ombudsman to use
persons with police training in connection with his investigation under this
Part of a complaint, the Ombudsman may, and shall in so far as it is
practicable to do so, use, in connection with that investigation -

   (a)  a member of the Australian Federal Police who is made available to him
        by the Commissioner for the purposes of the investigation; or

   (b)  a member of the police force of a State whom the police force of the
        State agrees to make available to the Ombudsman, for the purposes of
        the investigation, under arrangements made by the Commissioner.

(4) Subject to this Act, the Ombudsman may, for the purposes of an
investigation under this Part obtain information from such persons, and make
such inquiries, as he thinks fit.

(5) The Ombudsman may, if he considers it would be desirable in a particular
case to do so, refer to the Commissioner for investigation and report by the
Investigation Division a matter relating to a complaint that is being
investigated by the Ombudsman under this Part, being a complaint that is, in
substance, about the practices and procedures of the Australian Federal
Police.

(6) Subject to sub-section (7), it is not necessary for the complainant or any
other person to be afforded an opportunity to appear before the Ombudsman or
any other person in connection with an investigation by the Ombudsman under
this Part.

(7) The Ombudsman shall not make a report in respect of an investigation of a
complaint under this Part in which he sets out opinions that are, either
expressly or impliedly, critical of -

   (a)  the Australian Federal Police, a Department or a prescribed authority;
        or

   (b)  a person (including a member), unless, before completing the
        investigation, he has afforded -

   (c)  if the opinions relate to the Australian Federal Police or to a member
        - the Commissioner and the member principally concerned in the
        complaint;

   (d)  if the opinions relate to a Department or a prescribed authority - the
        principal officer of the Department or authority and the officer of
        that Department or authority principally concerned in the complaint;
        or

   (e)  if the opinions relate to a person - that person, opportunities, or an
        opportunity, to appear before him, or before an authorized person, and
        to make such submissions, either orally or in writing, in relation to
        the complaint, as the persons or person to whom the opportunities or
        opportunity are or is given think or thinks fit.

(8) Where the Ombudsman affords the Commissioner, or the principal officer of
a Department or of a prescribed authority, an opportunity to appear before him
or before an authorized person, under sub-section (7), the Commissioner or
principal officer may appear before the Ombudsman or before the authorized
person in person or a person authorized by the Commissioner or principal
officer, as the case may be, may appear before the Ombudsman or before the
authorized person on behalf of the Commissioner or principal officer.

(9) Where the Ombudsman affords a person other than the Commissioner, or the
principal officer of a Department or prescribed authority, an opportunity to
appear before him, or before an authorized person, under sub-section (7), the
person may, with the approval of the Ombudsman or of the authorized person, as
the case may be, be represented by another person.

(10) The Ombudsman may, either before or after the completion of an
investigation under this Part, discuss any matter that is relevant to the
investigation with a Minister concerned with the matter.

(11) On the request of the responsible Minister, the Ombudsman shall consult
the responsible Minister before he forms a final opinion on any of the matters
referred to in sub-section 31 (1) or (2) that are relevant to the action under
investigation.

(12) Where the Ombudsman becomes of the opinion, either before or after
completing an investigation under this Part, that there is evidence that any
action taken by the Commissioner or by a Deputy Commissioner was contrary to
law or otherwise improper and that the evidence is, in all the circumstances,
of sufficient force to justify his doing so, the Ombudsman shall bring the
evidence to the notice of the Minister.

(13) Where the Ombudsman becomes of the opinion, either before or after
completing an investigation under this Part, that there is evidence that a
member other than the Commissioner of a Deputy Commissioner has been guilty of
an offence or a breach of discipline and that the evidence is, in all the
circumstances, of sufficient force to justify his doing so, the Ombudsman
shall bring the evidence to the notice of the Commissioner.