26Special or additional investigations conducted by Ombudsman under this Part

#### 26 Special or additional investigations conducted by Ombudsman under this Part (1) This section applies to an investigation of a complaint in pursuance of subparagraph 36(1)(a)(ii) or (2)(a)(i) or section 46. (2) Nothing in this section shall be taken to limit the power of the Ombudsman to take, either before or after completing an investigation to which this section applies, any action that he or she would, in all the circumstances, be authorized to take under any other section contained in this Part and that appears to him or her to be appropriate. (3) On completing an investigation the Ombudsman may, if he or she thinks it appropriate to do so, when giving particulars of the results of his or her investigation to the Commissioner under subsection 34(1): (a) recommend to the Commissioner that an AFP appointee be: (i) charged with an offence or a breach of discipline; or (ii) offered a caution or admonition for a breach of discipline; that the Ombudsman thinks the appointee committed; or (b) forward to the Minister a request that the Minister cause an inquiry under section 50 to be held into the action that was the subject of the investigation; or (c) notify the Commissioner, in writing, that the Ombudsman thinks an AFP appointee took action that the appointee should not have taken. (3A) The Ombudsman may, in a notification under paragraph (3)(c), include any recommendation (other than a recommendation referred to in paragraph (3)(a) or (b)) that the Ombudsman thinks fit to make. (3B) If the Ombudsman makes a recommendation under subsection (3A), the Ombudsman may also request the Commissioner to give to the Ombudsman, within a specified time, particulars of the action the Commissioner proposes to take as a result of the recommendation. (4) Where the Ombudsman, in accordance with subsection (3), furnishes a report to the Commissioner of the results of an investigation, being an investigation conducted by the Ombudsman in pursuance of section 46, the Ombudsman shall at the time he or she furnishes that report to the Commissioner, furnish a copy of that report to the Minister, together with any comments relating to that report that he or she wishes to make. (5) As soon as practicable after the Commissioner receives a report of an investigation to which this section applies from the Ombudsman under subsection (3), the Commissioner shall cause to be furnished to the AFP appointee, or each AFP appointee concerned, in such manner as the Commissioner thinks fit, particulars of the results of the investigation carried out by the Ombudsman, together with any comments the Commissioner wishes to make concerning the investigation. (6) The Commissioner may give to the Ombudsman comments about a notification given to him or her under paragraph (3)(c). (7) Sections 32 and 33 apply to a recommendation made under subsection (3A) of this section in the same manner as they apply in the same way as a report to the Commissioner under section 31. (8) On completion of an investigation the Ombudsman may, if he or she thinks fit, give to any Department, body or person comments or suggestions with respect to any matter relating to or arising out of the investigation.