34Cautions under the Complaints Act

34 Cautions under the Complaints Act (1) Where: (a) the Commissioner, under subsection 11 (4) of the Complaints Act, is required to give effect to a proposal put by him to the Ombudsman that an AFP appointee be offered a caution in relation to 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 offering a caution to an AFP appointee in relation to a disciplinary offence; the Commissioner shall offer the appointee a caution for that disciplinary offence. (2) An offer of a caution for a disciplinary offence shall be made by the Commissioner causing a notice to that effect to be served on the AFP appointee to whom the offer is made. (3) An offer of a caution for a disciplinary offence shall remain open for a period of 14 days commencing on the day of service of the notice. (4) A notice served on an AFP appointee under subregulation (2): (a) shall be in writing; (b) shall be signed by the Commissioner or by a person authorised by the Commissioner in writing to sign notices under this regulation; (c) shall state the nature, and give the particulars, of the alleged disciplinary offence in relation to which the caution is offered; (d) shall state that the offer remains open for a period of 14 days commencing on the day of service of the notice; (e) shall request the AFP appointee to notify the Commissioner not later than 14 days after the day of service of the notice whether the AFP appointee accepts or does not accept the offer of a caution; (f) shall state that where the AFP appointee does not accept the offer of a caution the Commissioner shall institute proceedings against the AFP appointee; and (g) must set out the provisions of section 66A of the Complaints Act. (5) Where an AFP appointee on whom a notice has been served under subregulation (2) wishes to accept the offer of a caution, the AFP appointee may do so by writing ‘accepted’ on the notice, signing it, and returning it to the Commissioner.