Div 2Raising AFP conduct and practices issues with the AFP for action under Division 3

Division 2—Raising AFP conduct and practices issues with the AFP for action under Division 3 40SA  Giving information that raises an AFP conduct or practices issue  (1) A person may give information that raises an AFP conduct or practices issue to:  (a) the Commissioner; or  (b) an AFP appointee.  (2) The person:  (a) may give the information orally or in writing; and  (b) may give the information anonymously.  (3) For the purposes of this Act, the person is a complainant in relation to the AFP conduct or practices issue, if:  (a) the person expressly indicates; or  (b) the manner in which the person gives the information necessarily implies; that he or she wishes to be kept informed of the action taken in relation to the issue.  (4) If the person gives the information orally, the Commissioner, the AFP appointee to whom the information is given or the AFP appointee or other person to whom the issue is allocated:  (a) may reduce the information to writing; and  (b) may, at any time, require the person giving the information to reduce the information to writing; and  (c) may, if he or she makes a requirement under paragraph (b), decline to take any further action in relation to the information until the person giving the information reduces the information to writing.  (5) If the Ombudsman decides to refer information under subsection 6(21) of the Ombudsman Act 1976, the person who gave the information to the Ombudsman is taken to have given the Commissioner information that raises an AFP conduct or practices issue under this section.  (6) A person’s right to give information under this section:  (a) is in addition to the provisions of any other law; and  (b) does not affect the operation of any other law; and  (c) without limiting the generality of paragraphs (a) and (b), does not:  (i) prevent or affect the taking of legal proceedings under some other law in respect of conduct engaged in by an AFP appointee; or  (ii) affect the operation of any other law in respect of legal proceedings so taken. 40SB  Arrangements for person in custody to give information  (1) This section applies if a person (the detainee) is being detained in custody.  (2) For the purposes of this section, a custodian is:  (a) the person in whose custody the detainee is being detained; or  (b) another person performing duties in connection with the detainee’s detention.  (3) The detainee may request a custodian to provide the detainee with:  (a) facilities for preparing written information to give the Commissioner under section 40SA; and  (b) facilities for giving further information to:  (i) the Commissioner; or  (ii) the person to whom the relevant AFP conduct or practices issue is allocated; and  (c) facilities for enclosing the complaint or the further information in a sealed envelope.  (4) If the detainee requests facilities under subsection (3), the detainee is entitled to be provided with those facilities.  (5) The detainee may request a custodian to have sent to the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) a sealed envelope that is:  (a) delivered by the detainee to the custodian; and  (b) addressed to the Commissioner (or the person to whom the issue is allocated).  (6) If the detainee makes a request under subsection (5), the detainee is entitled to have the envelope delivered to the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) without undue delay.  (7) The detainee is entitled to have delivered to the detainee, without undue delay, any sealed envelope that:  (a) is addressed to the detainee and sent by the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated); and  (b) comes into the possession, or under the control, of a custodian.  (8) A custodian is not entitled to open, or inspect any document enclosed in, a sealed envelope that:  (a) either:  (i) is addressed to the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) and delivered by the detainee to a custodian for sending to the Commissioner; or  (ii) is addressed to the detainee and sent by the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated); and  (b) comes into the possession, or under the control, of a custodian.  (9) For the purposes of this section, the Commissioner may make arrangements with the appropriate authority of a State or a Territory for the identification and delivery of sealed envelopes sent by the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) to persons detained in custody in that State or Territory. 40SC  Recording and dealing with information given under section 40SA  (1) If a person gives information to another person (the recipient) under section 40SA, the recipient must:  (b) deal with the information in accordance with the Commissioner’s orders issued for the purposes of subsection 40TA(1).  (2) Subsection (1) does not apply if:  (a) the issue to which the information relates is:  (i) a category 1 conduct issue; or  (ii) an AFP practices issue; and  (b) the recipient is satisfied that the issue:  (i) arises as a result of a misunderstanding of the facts, the law or the practices or procedures of the Australian Federal Police; or  (ii) is otherwise appropriate for informal resolution; and  (c) the recipient is satisfied that:  (i) giving an explanation to the person giving the information; or  (ii) taking other action;   is likely to resolve the issue; and  (d) the recipient is satisfied that the recipient is able to give the person giving the information that explanation, or arrange for that action to be taken, within a reasonable period.  (3) If the issue is not resolved within a reasonable period, the recipient must:  (b) deal with the information in accordance with the Commissioner’s orders issued for the purposes of subsection 40TA(1). 40SD  Commissioner may decide that AFP conduct issue should be dealt with under this Part   The Commissioner may decide, on his or her own initiative, that an AFP conduct issue is to be dealt with under this Part. 40SE  Recording and dealing with information referred under section 40SD   If the Commissioner decides under section 40SD that an AFP conduct issue is to be dealt with under this Part, the Commissioner must:  (b) deal with the issue in accordance with the Commissioner’s orders issued for the purposes of subsection 40TA(1).