6Certain complaints to be referred to Investigation Division

6 Certain complaints to be referred to Investigation Division

(1) If: (a) a person complains to an AFP appointee about action taken by the appointee or by another AFP appointee; and (b) the appointee to whom the complaint is made is an authorised appointee; the authorised appointee must decide whether the complaint is a minor complaint and: (c) if he or she decides that the complaint is a minor complaint—refer it to an AFP appointee designated by the Commissioner for the purposes of section 6A; or (d) otherwise—refer the complaint, as soon as practicable, to the Investigation Division for investigation. (2) If: (a) a person complains to an AFP appointee about action taken by the appointee or by another AFP appointee; and (b) the appointee to whom the complaint is made is not an authorised appointee; the appointee to whom the complaint is made must refer the complaint to an authorised appointee. (3) Where a complaint is referred to the Investigation Division, the Ombudsman shall be notified of the complaint and furnished with particulars of the complaint. (4) This section does not apply to a complaint made by a person who: (a) is known by the AFP appointee to whom the complaint is made to be an AFP appointee; or (b) discloses to the AFP appointee to whom the complaint is made that he or she is an AFP appointee. (5) In this section:

authorised appointee means an AFP appointee authorised by the Commissioner’s Orders to make determinations under subsection (1).