Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 31

31. (1) Where, after an investigation of a complaint under this Part has been
completed, the Ombudsman is of the opinion -

   (a)  that any action taken by a member -

   (i)  appears to have been contrary to law; (ii) was unreasonable, unjust,
        oppressive or improperly discriminatory;

   (iii) was in accordance with a rule of law, a provision of an enactment or
        a practice, being a rule, provision or practice that is or may be
        unreasonable, unjust, oppressive or improperly discriminatory;

   (iv) was based either wholly or partly on a mistake of law or of fact; or

   (v)  was otherwise, in all the circumstances, wrong;

   (b)  that, in the course of taking any action, a member exercised a
        discretionary power for an improper purpose or on irrelevant grounds;
        or

   (c)  in a case where the action to which the complaint relates comprised or
        included a decision by a member to exercise a discretionary power in a
        particular manner or to refuse to exercise such a power -

        (i)    that irrelevant considerations were taken into account in the
               course of reaching the decision to exercise the power in that
               manner or to refuse to exercise the power, as the case may be;
               or

        (ii)   that the complainant in respect of the investigation or some
               other person should have been furnished, but was not furnished,
               with particulars of the reasons for deciding to exercise the
               power in that manner or to refuse to exercise the power, as the
               case may be, this section applies to the decision,
               recommendation, act or omission constituting that action.

(2) Where the Ombudsman is of the opinion -

   (a)  that a decision, recommendation, act or omission to which this section
        applies should be referred to the Commissioner for further
        consideration;

   (b)  that some particular action could be, and should be, taken to rectify,
        mitigate or alter the effects of a decision, recommendation, act or
        omission to which this section applies;

   (c)  that a decision to which this section applies should be cancelled or
        varied;

   (d)  that a rule of law, provision of an enactment or practice on which a
        decision, recommendation, act or omission to which this section
        applies was based should be altered;

   (e)  that reasons should have been, but were not, given for a decision to
        which this section applies; or

   (f)  that any other thing should be done in relation to a decision,
        recommendation, act or thing to which this section applies, the
        Ombudsman shall report accordingly to the Commissioner.

(3) The Ombudsman -

   (a)  shall include in a report under sub-section (2) his reasons for the
        opinions specified in the report; and

   (b)  may also include in such a report any recommendations he thinks fit to
        make.

(4) The Ombudsman may request the Commissioner to furnish to him, within a
specified time, particulars of any action that he proposes to take with
respect to the matters and recommendations included in the report.

(5) Where the Ombudsman reports under sub-section (2) to the Commissioner, the
Commissioner may furnish to the Ombudsman such comments concerning the report
as he wishes to make.

(6) The Ombudsman shall furnish a copy of a report made by him under
sub-section (2) to the responsible Minister.