49Action consequential upon report

#### 49 Action consequential upon report (1) Where the Ombudsman receives the report, or a copy of the report, of the results of an investigation of a complaint that was investigated under this Part or of the results of the further investigation of a complaint that was previously so investigated—the provisions of section 36 apply as if the complaint had been investigated, or further investigated, by the Investigation Division and that report were the report of the results of that investigation or further investigation. (2) Where the Commissioner is requested by the Ombudsman under subparagraph 36(1)(a)(i) to arrange for a complaint that has been investigated under this Part to be investigated further under this Part: (a) the Commissioner shall, unless it is for any reason impracticable to do so, make arrangements for the complaint to be investigated further by the person who carried out the original investigation; and (b) sections 47 and 48 apply to and in relation to the further investigation in like manner as they applied to and in relation to the original investigation. (3) Where the Commissioner receives a report, or a copy of the report, of the results of an investigation, or further investigation, of a complaint under this Part the provisions of sections 11, 12 and 13 apply as if the complaint had been investigated, or further investigated, by the Investigation Division and that report were the report of the results of that investigation or further investigation. (4) As soon as practicable after the Commissioner has decided to take any action (including action by way of causing an AFP appointee to be charged with an offence or breach of discipline or offered a caution or admonition for a breach of discipline), or has decided not to take any action, in consequence of his or her consideration of a report of the investigation, or further investigation, of a complaint under this Part the Commissioner shall inform the Minister, in writing, of his or her decision.