37Ombudsman to inform complainant of results of investigation

#### 37 Ombudsman to inform complainant of results of investigation (1) 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 shall, in such manner and at such times as he or she thinks fit: (a) furnish to the complainant, in such manner and at such times as he or she thinks fit, particulars of the results of the investigation or further investigation and of any recommendation he or she proposes to make, or has made, to the Commissioner; and (b) in a case where he or she proposes to recommend, or has recommended, that an AFP appointee be charged with an offence or breach of discipline or cautioned for a breach of discipline—inform the complainant that he or she will be notified, by the Commissioner, of any charge laid, or caution accepted, in relation to the complaint. (2) Where the Ombudsman furnishes to the Commissioner a notification under paragraph 36(1)(b) or 36(2)(b) or makes a recommendation in accordance with subsection 36(3) or subsection 36(3A): (a) the Ombudsman shall, if action that is, in the opinion of the Ombudsman, adequate and appropriate in the circumstances is not taken with respect to the recommendations within a reasonable time after the notification is furnished to the Commissioner—furnish to the complainant a copy of the recommendations together with such comments (if any) as he or she thinks fit; or (b) in any other case—the Ombudsman may furnish the complainant a copy of the recommendations, together with such comments (if any) as he or she thinks fit. (3) In this section, a reference to a complainant does not include a reference to a complainant whose identity is not known.