Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 46

PART IV - SPECIAL INVESTIGATIONS
46. (1) Where the Commissioner informs the Ombudsman, or the Ombudsman informs
the Commissioner, that he is satisfied that a complaint -

   (a)  concerns action taken by a member holding a rank equal or senior to
        the rank held by the officer in charge of the Investigation Division;

   (b)  concerns action taken by a member serving in the
        Investigation Division; or

   (c)  is, for any other reason, not appropriate for investigation or further
        investigation by the Investigation Division, the complaint shall be
        investigated -

   (d)  if the Commissioner and the Ombudsman so agree or the Minister so
        determines under sub-section (2) - by the Ombudsman under Part III;

   (e)  if the Commissioner and the Ombudsman so agree - under this Part, in
        accordance with arrangements made by the Commissioner, by a person
        agreed to by the Commissioner and the Ombudsman; or

   (f)  if the Minister so determines under sub-section (2) - under this Part,
        in accordance with arrangements made by the Commissioner, by a person
        specified by the Minister in the determination.

(2) Where the Commissioner and the Ombudsman are unable to reach agreement in
respect of a complaint to which sub-section (1) applies that the complaint be
investigated by the Ombudsman or by some other person who is available to
conduct the investigation, they shall report accordingly to the Minister who,
subject to sub-section (4), shall determine whether the complaint is to be
investigated by the Ombudsman or by another person who is available to conduct
the investigation of the complaint.

(3) The Ombudsman or other person required to investigate a complaint under
sub-section (1) -

   (a)  may, if he is of the opinion that an inquiry that is being, or is to
        be held under section 50 is likely to be concerned with any matter to
        which the complaint relates, defer or suspend his investigation of the
        complaint until that inquiry has been completed; and

   (b)  may, after considering the report of the results of an inquiry under
        section 50 into any matter to which the complaint relates, determine
        that the complaint should not be investigated or further investigated
        by him.

(4) Where the Minister, upon receipt of a report under sub-section (2) in
respect of a complaint, is of the opinion that any inquiry that is being, or
is to be, held under section 50 is likely to be concerned with any matter to
which the complaint relates -

   (a)  he may defer making a determination under sub-section (2) until that
        inquiry has been completed; and

   (b)  if, after considering the report of the results of the inquiry and
        consulting with the Ombudsman, he is satisfied that the matters to
        which the complaint relates have been adequately inquired into, he may
        determine that the complaint need not be investigated further.

(5) Sub-section 25 (1) does not apply in relation to the investigation of a
complaint by the Ombudsman in pursuance of sub-section (1).

(6) Nothing in this section shall be taken to prevent the Commissioner from
taking action, or causing action to be taken, to prevent the loss, destruction
or fabrication of evidence relating to a complaint that may be, or is being,
investigated in accordance with arrangements made under this section.