Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 36

36. (1) Upon receipt of a copy of a report of the results of the investigation
of a complaint carried out by the Investigation Division, the Ombudsman may do
some or all of the following things:

   (a)  if he is of the opinion that the complaint has not been adequately
        investigated -

   (i)  request the Commissioner, in writing, to arrange for the complaint to
        be investigated further by the Investigation Division under Part II;
        or

   (ii) notify the Commissioner, in writing, that he proposes himself to
        conduct an investigation of the complaint under this Part;

   (b)  notify the Commissioner, in writing, that, in his opinion, a member
        referred to in the report took action that he should not have taken
        although he did not, in taking that action, commit an offence or
        breach of discipline, and of his reasons for being of that opinion;

   (c)  recommend to the Commissioner, in writing, that a member referred to
        in the report be charged with an offence or breach of discipline that,
        in the opinion of the Ombudsman, the member has committed.

(2) Where the Ombudsman requests the Commissioner to arrange for a complaint
to be further investigated by the Investigation Division under Part II, the
Ombudsman may, on receipt of a copy of a report of the results of the further
investigation of the complaint, do some or all of the following things:

   (a)  if he is of the opinion that the complaint has still not been
        adequately investigated -

   (i)  notify the Commissioner, in writing, that he proposes himself to
        conduct an investigation of the complaint under this Part; or

   (ii) forward to the Minister a request that the Minister cause an inquiry
        under section 50 to be held into the action the subject of the
        complaint;

   (b)  notify the Commissioner, in writing, that, in his opinion, a member
        referred to in the report took action that he should not have taken
        although he did not, in taking that action, commit an offence or
        breach of discipline, and of his reasons for being of that opinion;

   (c)  recommend to the Commissioner, in writing, that a member referred to
        in the report be charged with an offence or breach of discipline that,
        in the opinion of the Ombudsman, the member has committed.

(3) Where the Ombudsman furnishes to the Commissioner a notification under
paragraph (1) (b) or (2) (b) -

   (a)  he may also include in the notification any recommendation, not being
        a recommendation that a member be charged with an offence or a
        breach of discipline, that he thinks fit to make; and

   (b)  he may also request the Commissioner to furnish to him, within a
        specified time, particulars of any action that the Commissioner
        proposes to take in consequence of the recommendation.

(4) The Commissioner may furnish to the Ombudsman comments concerning a
notification furnished to him under paragraph (1) (b) or (2) (b).

(5) Sections 32 and 33 apply to and in relation to a recommendation made in a
notification under paragraph (1) (b) or (2) (b) of this section in like manner
as they apply to and in relation to a report made to the Commissioner under
section 31. Ombudsman to inform complainant of results of investigation
37. (1) Upon receipt of a copy of a report of the investigation, or further
investigation, of a complaint carried out by the Investigation Division, being
a complaint that was originally referred to the Commissioner by the Ombudsman
under section 23, the Ombudsman shall, in such manner and at such times as he
thinks fit -

   (a)  furnish to the member concerned and to the complainant, in such manner
        and at such times as he thinks fit, particulars of the results of the
        investigation or further investigation and of any recommendation he
        proposes to make, or has made, to the Commissioner concerning the
        charging of a member with an offence or breach of discipline; and

   (b)  in a case where he proposes to recommend, or has recommended, that a
        member be charged with an offence or breach of discipline - inform the
        complainant that he will be notified, by the Commissioner, of any
        charge laid in relation to the complaint.

(2) Where action that is, in the opinion of the Ombudsman, adequate and
appropriate to the circumstances is not taken with respect to recommendations
included in a notification made by the Ombudsman under paragraph 36 (1) (b) or
36 (2) (b) within a reasonable time after the notification is furnished to the
Commissioner, the Ombudsman shall, furnish to the member concerned and to the
complainant, in such manner and at such times as he thinks fit, particulars of
the recommendations made by him in the notification, together with such
comments (if any) as he thinks fit.

(3) In sub-section (1), a reference to a complainant does not include a
reference to a complainant whose identity is not known.

Division 4 - General