Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 26

26. (1) This section applies to an investigation of a complaint in pursuance
of sub-paragraph 36(1) (a) (ii) or (2) (a) (i) or section 46.

(2) Nothing in this section shall be taken to limit the power of the Ombudsman
to take, either before or after completing an investigation to which this
section applies, any action that he would, in all the circumstances, be
authorized to take under any other section contained in this Part and that
appears to him to be appropriate.

(3) Upon the completion of an investigation to which this section applies, the
Ombudsman may, if he thinks it appropriate to do so, when furnishing
particulars of the results of his investigation to the Commissioner under
sub-section 34 (1), recommend to the Commissioner that a member be charged
with an offence or breach of discipline that, in the opinion of the Ombudsman,
the member has committed.

(4) Where the Ombudsman, in accordance with sub-section (3), furnishes a
report to the Commissioner of the results of an investigation, being an
investigation conducted by the Ombudsman in pursuance of section 46, the
Ombudsman shall at the time he furnishes that report to the Commissioner,
furnish a copy of that report to the Minister, together with any comments
relating to that report that he wishes to make.

(5) As soon as practicable after the Commissioner receives a report of an
investigation to which this section applies from the Ombudsman under
sub-section (3) the Commissioner shall, unless it is impracticable to do so,
furnish particulars of the results of the investigation, together with any
comments he wishes to make concerning the investigation, to the member, or
each member, concerned.