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1982 No. 91 Complaints (Australian Federal Police) Regulations - REG 4
Prescribed particulars for the purposes of section 18 of the Act
4. (1) For the purposes of sub-section 18 (1) of the Act, the following
particulars are prescribed with respect to each complaint or other matter that
is referred to the Investigation Division for investigation:
(a) the date on which, and place at which, the complaint or matter is
received by the Investigation Division;
(b) in the case of a complaint-
(i) the date on which, and place at which, the complaint was made;
(ii) where known-the name and address of the complainant;
(iii) where known-the name, rank and number of the member the subject
of the complaint; and
(iv) in the case of a complaint referred under section 6 of the
Act-the name, rank and number of the member to whom the
complaint was made, the date on which the Ombudsman was
notified of the complaint and the date on which the Ombudsman
was furnished with particulars of the complaint;
(c) in the case of a complaint referred under paragraph 23 (1) (b) or
sub-section 25 (5) of the Act-the date on which the referral of the
complaint was received by the Commissioner from the Ombudsman;
(d) in the case of a matter referred under sub-section 71 (3) of the
Act-the date on which and place at which the matter was referred to
the Commissioner by the Disciplinary Tribunal and the date on which
the Commissioner's report was furnished to the Tribunal;
(e) the name, rank and number of any member or, in the case of a complaint
or matter investigated by a person who is not a member, the name and
address of the person, who investigated the complaint or matter;
(f) a brief description of the substance of the complaint or matter;
(g) whether any charge has been laid as a result of the investigation of
the complaint or matter, the nature of the charge and the outcome of
the charge; and
(h) the file or reference number assigned to the complaint or matter by
the Australian Federal Police.
(2) For the purposes of sub-section 18 (2) of the Act-
(a) the following particulars are prescribed with respect to complaints
and other matters referred during a year to the Investigation Division
for investigation:
(i) the number of complaints and matters referred;
(ii) of those matters, the number referred under sub-section 71(3)
of the Act;
(iii) the number of complaints and matters that were found, on
investigation, to be substantiated;
(iv) the number of complaints and matters that were found, on
investigation, to be unsubstantiated;
(v) the number of complaints and matters that were found, on
investigation, to be incapable of being either substantiated or
unsubstantiated;
(vi) the number of complaints in respect of which the Commissioner
has attempted, under section 19 of the Act, to reconcile the
complainant and the member concerned;
(vii) the number of complaints in respect of which the Commissioner
is satisfied that a reconciliation under section 19 of the Act
has been effected;
(viii) the number of complaints and matters that were withdrawn; and
(ix) the number of complaints and matters that were not
investigated, not being complaints and matters referred to in
sub-paragraph (viii);
(b) the following particulars of the action taken by the Investigation
Division during a year in respect of complaints and other matters
referred to the Investigation Division for investigation are
prescribed:
(i) the number of complaints and matters investigated by the
Investigation Division; and
(ii) the number of complaints concerning which the Commissioner
informed the Ombudsman, or concerning which the Commissioner
was informed by the Ombudsman, under sub-section 46 (1) of the
Act;
(c) the following particulars of the action taken by the Commissioner
during a year in respect of reports received by him of the results of
investigations by the Investigation Division are prescribed:
(i) the number of reports received by the Commissioner;
(ii) the number of members charged with a breach of discipline as
the result of a report;
(iii) the total number of disciplinary charges instituted;
(iv) the number of members charged with an offence as the result of
a report; and
(v) the total number of criminal charges instituted;
(d) the following particulars of the action taken by the Commissioner
during a year in respect of reports received by him from the Ombudsman
in respect of investigations by the Ombudsman are prescribed:
(i) the number of reports received by the Commissioner;
(ii) the number of members charged with a breach of discipline as
the result of a report;
(iii) the total number of disciplinary charges instituted;
(iv) the number of members charged with an offence as the result of
a report; and
(v) the total number of criminal charges instituted; and
(e) the following particulars of the action taken by the Commissioner
during a year in respect of proceedings remitted to him by the
Disciplinary Tribunal are prescribed, that is to say, the number of
proceedings remitted to the Commissioner.
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