Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 42

42. (1) Where the Ombudsman considers that, having regard to all the
circumstances, a complaint that has been made to him with respect to action
taken by a member, or that has been notified to him under section 6, may
properly be dealt with by attempting to reconcile the complainant and the
member concerned, the Ombudsman may, after having notified the Commissioner
that he intends to do so, attempt to reconcile the complainant and the member
concerned.

(2) The Ombudsman shall not notify the Commissioner, under sub-section (1),
that he intends to attempt to reconcile the complainant and the member
concerned if he has been notified by the Commissioner that the Commissioner
intends to attempt to reconcile the complainant and the member concerned.

(3) Where, in respect of a complaint referred to the Commissioner by the
Ombudsman under paragraph 23 (1) (b), the Ombudsman informs the Commissioner,
in writing, that he intends to attempt to reconcile the complainant and the
member concerned, the Commissioner shall, unless he has already referred the
complaint to the officer in charge, refrain from so referring the complaint
unless and until he is informed that the Ombudsman is satisfied of the matter
referred to in paragraph (6) (b) of this section.

(4) Where, in respect of a complaint that has already been referred by the
Commissioner to the Investigation Division, the Ombudsman informs the
Commissioner, in writing, that he intends to attempt to reconcile the
complainant and the member concerned, the Commissioner shall direct the
officer in charge to cause the Division to refrain from investigation or
further investigation of that complaint.

(5) The Ombudsman may, for the purpose of attempting to reconcile the
complainant and the member concerned, obtain from the Commissioner an
explanation with respect to the policies, practices and procedures of the
Australian Federal Police that the Ombudsman considers to be relevant.

(6) Where the Ombudsman becomes satisfied -

   (a)  that a reconciliation has been effected between the complainant and
        the member concerned; or

   (b)  that for any reason it is unlikely that he will be able to effect a
        reconciliation between the complainant and the member concerned, the
        Ombudsman shall inform the Commissioner that he is so satisfied and,
        in a case where he informs the Commissioner that he is satisfied of
        the matter referred to in paragraph (a), furnish to the Commissioner
        particulars of the basis on which the reconciliation has been
        effected.

(7) Where, after the Commissioner has given a direction to the officer in
charge under sub-section (4) in respect of a complaint, the Commissioner is
informed that the Ombudsman is satisfied with respect to the matter referred
to in paragraph (6) (b) in relation to the complaint, the Commissioner shall
direct the officer in charge to cause the Investigation Division to commence,
or to continue, its investigation or further investigation of the complaint.

(8) A statement by a member, or an answer by a member to a question asked of
him, in the course of an attempt under this section to effect a
reconciliation, is not admissible in evidence against that member in
proceedings (including proceedings in respect of a breach of discipline).