23Duties of Ombudsman with respect to complaints

#### 23 Duties of Ombudsman with respect to complaints (1) Subject to this Part, where a complaint is made to the Ombudsman under this Part about action taken by an AFP appointee: (a) if the complaint is, in substance, about the practices and procedures of the Australian Federal Police—the Ombudsman shall investigate the complaint under this Part; or (b) in any other case—the Ombudsman shall refer the complaint to the Commissioner. (2) Subject to this Part, where particulars of a complaint are furnished to the Ombudsman in accordance with section 6, and the complaint is, in substance, about the practices and procedures of the Australian Federal Police, the Ombudsman may investigate the complaint under this Part. (3) Subject to this Part, where the Ombudsman furnishes a notification to the Commissioner under subparagraph 36(1)(a)(ii) or (2)(a)(i) in respect of a complaint after it has been investigated by the Investigation Division, the Ombudsman shall investigate the complaint under this Part. (4) If the Ombudsman has power under this Act and under paragraph 5(1)(b) of the Ombudsman Act 1976 to investigate any action of an AFP appointee, the Ombudsman cannot investigate the action under the Ombudsman Act 1976. (5) Where the Ombudsman is of the opinion that a complaint made to him or her under this Part, or to an AFP appointee under Part II, is, in part, a complaint that is, in substance, about the practices and procedures of the Australian Federal Police and in part a complaint that is not, in substance, about the practices and procedures of the Australian Federal Police: (a) if the Ombudsman is also of the opinion that those parts of the complaint cannot conveniently be dealt with separately—the Ombudsman may inform the Commissioner, under subsection 25(1), that he or she proposes to investigate the complaint as if the whole of the complaint was, in substance, about the practices and procedures of the Australian Federal Police and, where he or she does so, this Act applies as if the complaint were such a complaint; and (b) in any other case—the Ombudsman may inform the Commissioner that he or she proposes to investigate the first‑mentioned part of the complaint under this Part and, where he or she does so, this Act applies as if the first‑mentioned part and the second‑mentioned part of the complaint were separate complaints. (6) Nothing in this section shall be taken to limit the duty of the Ombudsman to investigate a complaint under this part in pursuance of subsection 11(7) or section 46.