33Institution of proceedings under the Complaints Act

33 Institution of proceedings under the Complaints Act (1) Where: (a) the Commissioner, in giving effect under subsection 11 (4) of the Complaints Act to a proposal put by him to the Ombudsman, charges an AFP appointee with a disciplinary offence; or (b) the Attorney-General directs, under subsection 11 (7) of the Complaints Act, that action should be taken by way of charging an AFP appointee with a disciplinary offence; the Commissioner shall institute proceedings against the AFP appointee by causing a notice to that effect to be served on the AFP appointee. (1A) Where the Commissioner is required by section 66A of the Complaints Act to institute proceedings against an AFP appointee, the Commissioner shall institute those proceedings by causing a notice to that effect to be served on the AFP appointee. (2) A notice served on an AFP appointee under subregulation (1) or (1A): (a) shall be signed by the Commissioner or a person authorized by him to sign notices under that subregulation; (b) shall state the nature, and give the particulars, of the alleged disciplinary offence; (c) shall request the AFP appointee to notify the Commissioner within such period, not being less than 7 days after the date of service of the notice, as is specified in the notice, whether the AFP appointee admits or does not admit the truth of the matters alleged to constitute the disciplinary offence; (d) shall state that the AFP appointee may, within the period specified in the notice in accordance with paragraph (c), deliver to the Commissioner: (i) any written statement that the AFP appointee may wish to make in relation to the alleged disciplinary offence; and (ii) any written statement made by another person that the AFP appointee may wish to tender in support of his or her own statement; and (e) shall inform the AFP appointee that he or she may appear at the hearing of the proceedings in person or may be represented by a legal practitioner or by some other person. (3) Where an AFP appointee on whom a notice has been served under subregulation (1) has not, within the period specified in the notice, given notice to the Commissioner for the purpose of paragraph (2) (c), the AFP appointee shall, for the purposes of the hearing and determination of the proceedings by the Disciplinary Tribunal, be deemed not to have admitted the truth of the matters alleged to constitute the disciplinary offence referred to in the notice.