22Complaints to Ombudsman concerning action of AFP appointees

#### 22 Complaints to Ombudsman concerning action of AFP appointees (1) A complaint may be made to the Ombudsman under this Part by any person (including an AFP appointee) concerning action taken, whether before or after the commencement of this Act, by an AFP appointee. (2) Subject to subsection (3), a complaint under subsection (1) may be made to the Ombudsman orally or in writing. (3) Where a complaint is made orally to the Ombudsman, the Ombudsman may reduce the complaint to writing or at any time require the complainant to reduce the complaint to writing and, where the Ombudsman makes such a requirement of a complainant, the Ombudsman may decline to investigate the complaint, or to investigate the complaint further, or to refer the complaint to the Commissioner, until the complainant reduces the complaint to writing. (4) A person who is detained in custody is entitled: (a) upon making a request to the person in whose custody he or she is detained or to any other person performing duties in connection with his or her detention: (i) to be provided with facilities for preparing a complaint in writing under this Part, for furnishing in writing to the Ombudsman, after the complaint has been made, any other relevant information and for enclosing the complaint or the other information (if any) in a sealed envelope; and (ii) to have sent to the Ombudsman, without undue delay, a sealed envelope delivered by him or her to any such person and addressed to the Ombudsman; and (b) to have delivered to him or her, without undue delay, any sealed envelope, addressed to him or her and sent by the Ombudsman, that comes into the possession or under the control of the person in whose custody he or she is detained or of any other person performing duties in connection with his or her detention. (4A) Where a sealed envelope addressed to the Ombudsman is delivered by a person detained in custody to a person referred to in subsection (4) for sending to the Ombudsman, or a sealed envelope addressed to a person so detained and sent by the Ombudsman comes into the possession or under the control of a person referred to in that subsection, neither the person in whose custody the first‑mentioned person is detained nor any other person performing duties in connection with his or her detention is entitled to open the envelope or to inspect any document enclosed in the envelope. (4B) For the purposes of subsections (4) and (4A), the Ombudsman may make arrangements with the appropriate authority of a State or Territory for the identification and delivery of sealed envelopes sent by the Ombudsman to persons detained in custody in that State or Territory. (5) Notwithstanding anything contained in the Ombudsman Act 1976, the provisions of that Act (other than section 19 of the Act) do not apply to or in relation to action that is, within the meaning of that Act, action taken by the Australian Federal Police or to action that is, within the meaning of this Act, action taken by an AFP appointee, whether that action was taken before, or is taken after, the commencement of this Act, if that action is the subject of a complaint made, or to be treated, by virtue of subsection (6), as having been made, to the Ombudsman under subsection (1). (6) For the purpose of subsection (5), if a complaint is made to the Ombudsman under the Ombudsman Act 1976, after the commencement of this Act, with respect to action that is, within the meaning of the Ombudsman Act 1976, action taken by the Australian Federal Police or with respect to action that is, within the meaning of this Act, taken by an AFP appointee, the Ombudsman shall treat the complaint as if it were a complaint made to him or her under subsection (1). (7) Notwithstanding subsection (5): (a) where a complaint made to the Ombudsman under subsection (1) is, as to part, a complaint with respect to action taken by an AFP appointee and, as to the remainder, a complaint with respect to action that is, within the meaning of the Ombudsman Act 1976, action taken by a Department or a prescribed authority other than the Australian Federal Police; or (b) where a complaint made to the Ombudsman under the Ombudsman Act 1976, after the commencement of this Act is, as to part, a complaint with respect to action that is, within the meaning of that Act, action taken by the Australian Federal Police or with respect to action that is, within the meaning of this Act, action taken by an AFP appointee, or both, and, as to the remainder, a complaint with respect to action that is, within the meaning of the Ombudsman Act 1976, action taken by a Department or a prescribed authority other than the Australian Federal Police; the Ombudsman shall treat the first‑mentioned part of the complaint as if it were a complaint made to him or her under subsection (1) and the remainder of the complaint as if it were a separate complaint made to him or her under the Ombudsman Act 1976. (8) For the purposes of the application of sections 56 and 57 of the Freedom of Information Act 1982 in a case where a complaint is made to the Ombudsman concerning action taken by an AFP appointee or by the Australian Federal Police in connection with a request made to the Australian Federal Police under that Act: (a) references in those sections to the Ombudsman Act 1976 shall be read as references to this Act; (b) references in those sections to section 12 of the Ombudsman Act 1976 shall be read as references to section 34 of this Act; (c) the reference in subsection 57(2) of the Freedom of Information Act 1982 to subsection 6(2) of the Ombudsman Act 1976 shall be read as a reference to subsection 24(2) of this Act; and (d) subsection 57(7) of the Freedom of Information Act 1982 shall be disregarded.