25Investigations

#### 25 Investigations (1) Before commencing to investigate a complaint or the actions of an AFP appointee under this Part, the Ombudsman shall inform the Commissioner that the complaint is to be investigated or the actions of the appointee are to be investigated. (1A) The Ombudsman may from time to time make with the Commissioner an arrangement with respect to the manner in which, and the period within which, the Ombudsman is to inform the Commissioner that he or she proposes to investigate a complaint or the actions of an AFP appointee under this Part, being a complaint or the actions of an AFP appointee included in a class or classes of complaints or actions of AFP appointees specified in the arrangement. (2) An investigation under this Part shall be conducted in private and, subject to this Act, in such manner as the Ombudsman thinks fit. (3) Whenever it becomes necessary or desirable for the Ombudsman to use persons with police training in connection with his or her investigation under this Part of a complaint, the Ombudsman may, and shall in so far as it is practicable to do so, use, in connection with that investigation: (a) a Federal police officer who is made available to him or her by the Commissioner for the purposes of the investigation; or (b) a member of the police force of a State whom the police force of the State agrees to make available to the Ombudsman, for the purposes of the investigation, under arrangements made by the Commissioner. (4) Subject to this Act, the Ombudsman may, for the purposes of an investigation under this Part obtain information from such persons, and make such inquiries, as he or she thinks fit. (5) The Ombudsman may, if he or she considers it would be desirable in a particular case to do so, refer to the Commissioner for investigation and report by the Investigation Division a matter relating to a complaint or the actions of an AFP appointee that is being investigated by the Ombudsman under this Part, being a complaint or the actions of an AFP appointee that is, in substance, about the practices and procedures of the Australian Federal Police. (6) Subject to subsection (7), it is not necessary for the complainant or any other person to be afforded an opportunity to appear before the Ombudsman or any other person in connection with an investigation by the Ombudsman under this Part. (7) The Ombudsman shall not make a report in respect of an investigation of a complaint or the actions of an AFP appointee under this Part in which he or she sets out opinions that are, either expressly or impliedly, critical of: (a) the Australian Federal Police, a Department or a prescribed authority; or (b) a person (including an AFP appointee); unless, before completing the investigation, he or she has afforded: (c) if the opinions relate to the Australian Federal Police or to an AFP appointee—the Commissioner and the appointee principally concerned in the complaint or whose actions are the subject of the investigation; (d) if the opinions relate to a Department or a prescribed authority—the principal officer of the Department or authority and the officer of that Department or authority principally concerned in the complaint or whose actions are the subject of the investigation; or (e) if the opinions relate to a person—that person; opportunities, or an opportunity, to appear before him or her, or before an authorized person, and to make such submissions, either orally or in writing, in relation to the complaint, as the persons or person to whom the opportunities or opportunity are or is given think or thinks fit. (8) Where the Ombudsman affords the Commissioner, or the principal officer of a Department or of a prescribed authority, an opportunity to appear before him or her or before an authorized person, under subsection (7), the Commissioner or principal officer may appear before the Ombudsman or before the authorized person in person or a person authorized by the Commissioner or principal officer, as the case may be, may appear before the Ombudsman or before the authorized person on behalf of the Commissioner or principal officer. (9) Where the Ombudsman affords a person other than the Commissioner, or the principal officer of a Department or prescribed authority, an opportunity to appear before him or her, or before an authorized person, under subsection (7), the person may, with the approval of the Ombudsman or of the authorized person, as the case may be, be represented by another person. (9A) Where, in relation to an investigation of a complaint or the actions of an AFP appointee under this Part, the Ombudsman proposes to afford a person an opportunity to appear before him or her or before an authorized person and to make submissions under subsection (7), or proposes to make a requirement of a person under section 27: (a) if the complaint was made orally and the complaint has not been reduced to writing—the complaint shall be reduced to writing accordingly; and (b) the Ombudsman shall, if he or she has not previously informed the responsible Minister that the complaint is being investigated or the actions of the appointee are being investigated, inform that Minister accordingly. (10) The Ombudsman may, either before or after the completion of an investigation under this Part, discuss any matter that is relevant to the investigation with a Minister concerned with the matter. (11) On the request of the responsible Minister, the Ombudsman shall consult the responsible Minister before he or she forms a final opinion on any of the matters referred to in subsection 31(1) or (2) that are relevant to the action under investigation. (12) Where the Ombudsman becomes of the opinion, either before or after completing an investigation under this Part, that there is evidence that any action taken by the Commissioner or by a Deputy Commissioner was contrary to law or otherwise improper and that the evidence is, in all the circumstances, of sufficient force to justify his or her doing so, the Ombudsman shall bring the evidence to the notice of the Minister. (13) Where the Ombudsman becomes of the opinion, either before or after completing an investigation under this Part, that there is evidence that an AFP appointee other than the Commissioner or a Deputy Commissioner has been guilty of an offence or a breach of discipline and that the evidence is, in all the circumstances, of sufficient force to justify his or her doing so, the Ombudsman shall bring the evidence to the notice of the Commissioner.