6BConciliation

#### 6B Conciliation (1) Where the Commissioner or officer in charge considers that the whole or part of a complaint (whether made under section 6 or 22, but not including a complaint that is being dealt with under subsection 6A(2)) may properly be dealt with by attempting to resolve the complaint by conciliation, the Commissioner or officer in charge may, after notifying the Ombudsman, direct an authorised member to attempt to resolve the complaint by conciliation. (2) Where the Commissioner or officer in charge: (a) is satisfied that the complaint has been resolved by conciliation; or (b) is satisfied, after discussion with the complainant, that the complaint is not likely to be resolved by conciliation; the Commissioner shall inform the Ombudsman accordingly and, where paragraph (a) applies, furnish particulars of the resolution of the complaint to the Ombudsman. (3) Except where the officer in charge is satisfied as provided in paragraph (2)(b), the officer in charge may, in his or her discretion, defer the investigation or further investigation of the whole or part of the complaint pending the outcome of an attempt under this section to resolve the complaint by conciliation. (4) Where the officer in charge is satisfied that the whole or part of the complaint has been resolved by conciliation, the officer in charge shall take no action, or further action, by way of investigating or further investigating the whole or that part of the complaint unless the Ombudsman requests the Commissioner, in writing, to cause it to be investigated or further investigated by the Investigation Division. (5) Evidence of a statement made or an answer given by an AFP appointee in the course of an attempt under this section to resolve a complaint by conciliation is not admissible against the appointee in any proceedings (including proceedings in relation to a breach of discipline). (6) This section shall not be taken to prevent the Ombudsman from investigating under Part III a complaint made under section 6 that is, in substance, a complaint concerning the practices and procedures of the Australian Federal Police. (7) For the purposes of subsection (1), an authorised member is an AFP appointee (other than the appointee against whom the complaint is made) who is a member of the Australian Federal Police and who is authorised in writing by the Commissioner for the purposes of this section.