36Action to be taken by Ombudsman upon receipt of report of an investigation

#### 36 Action to be taken by Ombudsman upon receipt of report of an investigation (1) Upon receipt of a copy of a report of the results of the investigation of a complaint carried out by the Investigation Division, the Ombudsman may do some or all of the following things: (a) if the Ombudsman is of the opinion that the complaint requires further investigation: (i) request the Commissioner, in writing, to arrange for the complaint to be investigated further by the Investigation Division under Part II; or (ii) notify the Commissioner, in writing, that he proposes himself, or she proposes herself, to conduct an investigation of the complaint under this Part; (b) notify the Commissioner, in writing, that, in the Ombudsman’s opinion, an AFP appointee referred to in the report took action that the member should not have taken although he or she did not, in taking that action, commit an offence or breach of discipline, and of his or her reasons for being of that opinion; (c) recommend to the Commissioner, in writing, that an AFP appointee referred to in the report be charged with an offence or breach of discipline, or offered a caution or admonition for a breach of discipline, that, in the opinion of the Ombudsman, the appointee has committed. (2) Where the Ombudsman requests the Commissioner to arrange for a complaint to be further investigated by the Investigation Division under Part II, the Ombudsman may, on receipt of a copy of a report of the results of the further investigation of the complaint, do some or all of the following things: (a) if the Ombudsman is of the opinion that the complaint still requires further investigation: (i) notify the Commissioner, in writing, that he proposes himself, or she proposes herself, to conduct an investigation of the complaint under this Part; or (ii) forward to the Minister a request that the Minister cause an inquiry under section 50 to be held into the action the subject of the complaint; (b) notify the Commissioner, in writing, that, in the Ombudsman’s opinion, an AFP appointee referred to in the report took action that the member should not have taken although he or she did not, in taking that action, commit an offence or breach of discipline, and of his or her reasons for being of that opinion; (c) recommend to the Commissioner, in writing, that an AFP appointee referred to in the report be charged with an offence or breach of discipline, or offered a caution or admonition for a breach of discipline, that, in the opinion of the Ombudsman, the appointee has committed. (3) The Ombudsman may, in a notification given or recommendation made under subsection (1) or (2), include any recommendation (not being a recommendation that an AFP appointee be charged with an offence or breach of discipline or offered a caution or admonition for a breach of discipline) that the Ombudsman thinks fit to make, and may also request the Commissioner to give to the Ombudsman, within a specified time, particulars of any action that the Commissioner proposes to take in consequence of the recommendation. (3A) The Ombudsman may (otherwise than in a notification given or recommendation made under subsection (1) or (2)) make, in writing, any recommendation to the Commissioner (not being a recommendation that an AFP appointee be charged with an offence or breach of discipline or offered a caution or admonition for a breach of discipline) that the Ombudsman thinks fit to make, and may also request the Commissioner to give to the Ombudsman, within a specified time, particulars of any action that the Commissioner proposes to take in consequence of the recommendation. (4) The Commissioner may furnish to the Ombudsman comments concerning a notification furnished to him or her under paragraph (1)(b) or (2)(b) or a recommendation made under subsection (3) or (3A). (5) Sections 32 and 33 apply to and in relation to a recommendation made under subsection (3) or (3A) of this section in like manner as they apply to and in relation to a report made to the Commissioner under section 31. (6) Upon receipt of a copy of a report of the investigation, or further investigation, of a complaint carried out by the Investigation Division, the Ombudsman may, if he or she thinks fit, furnish to any Department, body or person comments or suggestions with respect to any matter relating to or arising out of the investigation or further investigation, as the case may be.