11Action consequential on report

#### 11 Action consequential on report (1) As soon as practicable after the Commissioner receives a report of the results of the investigation, or further investigation, of a complaint by the Investigation Division or a report of the results of a special or additional investigation of a complaint by the Ombudsman, the Commissioner shall consider the report, together with: (a) in the case of a report of the results of the investigation, or further investigation, of a complaint by the Investigation Division—any notification or recommendation under section 36 that he or she may have received with respect to the report; or (b) in the case of a report of the results of a special or additional investigation of a complaint by the Ombudsman—any recommendation under subsection 26(3) or (3A) that he or she may have received with respect to the report; and, without limiting the generality of the foregoing, shall consider whether, in his or her opinion, any action should be taken by way of charging, or offering a caution or an admonition to, one or more AFP appointees. (2) Where the Commissioner receives a notification or recommendation under section 36 with respect to a report of the results of the investigation, or further investigation, of a complaint by the Investigation Division after he or she has complied with subsection (1) in respect of the report, he or she shall consider the notification or recommendation in conjunction with a further consideration of the report and, without limiting the generality of the foregoing, shall consider whether, in his or her opinion, any action, or any further action, should be taken by way of charging, or offering a caution or an admonition to, one or more AFP appointees. (3) Where, upon complying with subsection (1) or (2) in respect of a report of the results of the investigation, or further investigation, of a complaint by the Investigation Division or upon complying with subsection (1) in respect of a report of the results of a special or additional investigation of a complaint by the Ombudsman, the Commissioner proposes: (a) that one or more AFP appointees be charged; (b) that one or more AFP appointees be offered a caution; (c) that one or more AFP appointees be offered an admonition; or (d) that no action be taken by way of charging, or offering a caution or admonition to, one or more AFP appointees; the Commissioner shall confer with the Ombudsman concerning his or her proposal and may, from time to time in the course of so conferring, modify his or her proposal having regard to relevant matters, including matters put to him or her by the Ombudsman. (4) Subject to subsection (5), when the Commissioner has conferred with the Ombudsman in respect of a report, the Commissioner shall give effect to the proposal put by him or her to the Ombudsman. (5) Where the result of the Commissioner’s conferring with the Ombudsman in respect of a report was that the Ombudsman expressly disagreed, either in whole or in part, with the proposal that was put to him or her, the Commissioner shall refer the matter on which they disagreed to the Attorney‑General. (6) A reference in subsection (4) or (5) to a proposal put by the Commissioner to the Ombudsman shall, in a case where the proposal first put by the Commissioner to the Ombudsman in the course of conferring with the Ombudsman was later modified, be construed as a reference to the proposal so first put as modified or last modified in the course of so conferring. (7) Where the Commissioner refers a matter to the Attorney‑General under subsection (5), the Attorney‑General shall, after considering the report to which the matter relates and the results of any inquiries he or she makes or causes to be made: (a) direct what action (if any) should be taken by way of charging, or offering a caution or admonition to, the AFP appointee, or any of the AFP appointees, as the case may be, to whom the matter relates; or (b) direct that no action should be taken at that time by way of charging, or offering a caution or admonition to, the AFP appointee, or any of the AFP appointees, as the case may be, to whom the matter relates pending: (i) unless subparagraph (ii) applies—further investigation by the Investigation Division under Part II or by the Ombudsman under Part III, as the Attorney‑General determines; or (ii) if the matter referred to the Attorney‑General relates to a complaint that was the subject of a special or additional investigation by the Ombudsman—further investigation by the Ombudsman under Part III. (8) Nothing in this section shall be taken to limit the powers conferred on the Ombudsman by section 36 in relation to a complaint. (9) In this section: (a) a reference to the additional investigation of a complaint by the Ombudsman shall be construed as a reference to an investigation of the complaint conducted by the Ombudsman in accordance with a notification made under subparagraph 36(1)(a)(ii) or 36(2)(a)(i); (b) a reference to the charging of an AFP appointee shall be construed as a reference to the charging of an AFP appointee with an offence or breach of discipline; (ba) a reference to the offering of a caution to an AFP appointee shall be construed as a reference to the offering of a caution to an AFP appointee for a breach of discipline; (bb) a reference to the offering of an admonition to an AFP appointee shall be construed as a reference to the offering of an admonition to an AFP appointee for a breach of discipline; (c) a reference to the modification of a proposal shall be construed as including a reference to the substitution of a proposal for another proposal; (d) a reference to a notification under section 36 shall be construed as a reference to a notification under paragraph 36(1)(b) or (2)(b); (e) a reference to a recommendation under section 36 shall be construed as a reference to a recommendation under paragraph 36(1)(c) or (2)(c); and (f) a reference to the special investigation of a complaint by the Ombudsman shall be construed as a reference to an investigation of the complaint by the Ombudsman in pursuance of section 46.