Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 49

49. (1) Where the Ombudsman receives the report, or a copy of the report, of
the results of an investigation of a complaint that was investigated under
this Part or of the results of the further investigation of a complaint that
was previously so investigated - the provisions of section 36 apply as if the
complaint had been investigated, or further investigated, by the Investigation
Division and that report were the report of the results of that investigation
or further investigation.

(2) Where the Commissioner is requested by the Ombudsman under sub-paragraph
36 (1) (a) (i) to arrange for a complaint that has been investigated under
this Part to be investigated further under this Part -

   (a)  the Commissioner shall, unless it is for any reason impracticable to
        do so, make arrangements for the complaint to be investigated further
        by the person who carried out the original investigation; and

   (b)  sections 47 and 48 apply to and in relation to the further
        investigation in like manner as they applied to and in relation to the
        original investigation.

(3) Where the Commissioner receives a report, or a copy of the report, of the
results of an investigation, or further investigation, of a complaint under
this Part the provisions of sections 11, 12 and 13 apply as if the complaint
had been investigated, or further investigated, by the Investigation Division
and that report were the report of the results of that investigation or
further investigation.

(4) As soon as practicable after the Commissioner has decided to take any
action (including action by way of causing a member to be charged with an
offence or breach of discipline), or has decided not to take any action, in
consequence of his consideration of a report of the investigation, or further
investigation, of a complaint under this Part the Commissioner shall inform
the Minister, in writing, of his decision.