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Complaints (Australian Federal Police) Act 1981
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C2006C00168
12 December 2005
-
29 December 2006
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Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Definitions
4 Meaning of action taken by AFP appointee
5 Complaints to which Act applies
5A Application of Act
5B Application of the Criminal Code
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Part II—Responsibilities of the Australian Federal Police
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Division 1—Investigation of complaints by the Internal Investigation Division
6 Certain complaints to be referred to Investigation Division
6A Procedure for minor complaints
6B Conciliation
7 Powers of Investigation Division
8 Reference of complaints to other persons
9 Investigation Division to refrain from investigation in certain circumstances
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Division 2—Reports of the Investigation Division
10 Reports
11 Action consequential on report
11A Discontinuance of proceedings by Commissioner
12 Notification of charges etc. to Ombudsman
13 Notification of charges etc. to complainant
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Division 3—Establishment and functions of the Internal Investigation Division
14 Constitution and functions of Investigation Division
15 Establishment of Investigation Division
16 Transfers to Investigation Division
17 Federal police officers to be transferred to Investigation Division for limited periods
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Division 4—General
18 Record of matters
19 False complaints and providing false information in relation to complaints
20 Delegation
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Part III—Responsibilities of the Ombudsman
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Division 1—Preliminary
21 Interpretation
21A Ombudsman may initiate investigation
22 Complaints to Ombudsman concerning action of AFP appointees
23 Duties of Ombudsman with respect to complaints
24 Ombudsman may determine that complaint should not be investigated
24A Preliminary inquiries
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Division 2—Investigations by the Ombudsman
25 Investigations
25A Investigations by Commonwealth and State Ombudsmen
26 Special or additional investigations conducted by Ombudsman under this Part
27 Power to obtain information and documents
27A Ombudsman may refer questions to the AAT
28 Ombudsman may recommend that the Commissioner refer questions to the AAT
28A Power of Federal Court of Australia to make orders
29 Power to examine witnesses
30 Power to enter premises
31 Reports by Ombudsman
32 Reports to Prime Minister
33 Special reports to Parliament
34 Persons affected to be informed of results of investigation by Ombudsman
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Division 3—Power and duties of Ombudsman in respect of investigations carried out by Investigation Division
35 Powers of Ombudsman in relation to complaints referred to Investigation Division
36 Action to be taken by Ombudsman upon receipt of report of an investigation
37 Ombudsman to inform complainant of results of investigation
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Division 4—General
38 Annual report and additional reports to Parliament
38A Progress reports about complaints
39 Ombudsman not to be sued
40 Delegation
41 Officers to observe secrecy
41A Disclosure of information by Ombudsman
43 Register to be kept by Ombudsman
44 Offences
45 Protection from civil actions
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Part IV—Special investigations
46 Circumstances in which special investigation to be conducted
47 Investigations by special investigator
48 Report of investigation
49 Action consequential upon report
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Part V—Inquiries directed by the Minister
50 Minister may arrange special inquiries
51 Minister to cause Ombudsman etc. to be informed of manner of inquiry
52 Reports of special inquiries
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Part VA—Undisputed charges
52A Undisputed charges in respect of breaches of discipline
52B Commissioner may impose penalty
52C Ombudsman to be notified of penalty
52D Ombudsman may inform Attorney-General of penalty
52E Appeals
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Part VI—The Federal Police Disciplinary Tribunal
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Division 1—Preliminary
53 Interpretation
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Division 2—Establishment of Federal Police Disciplinary Tribunal
54 Establishment and constitution of Federal Police Disciplinary Tribunal
55 Qualifications of members
56 Appointment of holder of judicial office as member of Disciplinary Tribunal not to affect tenure etc.
57 Terms and conditions of appointment
58 Arrangements for appointment of holder of judicial office of a State or of the Northern Territory etc.
59 Remuneration of members of Disciplinary Tribunal
60 Acting appointments
61 Removal from office—President or Deputy President
62 Removal from office—other members
63 Resignation
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Division 3—Staff of Disciplinary Tribunal
64 Staff of Disciplinary Tribunal
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Division 4—Constitution and powers of Disciplinary Tribunal
65 Arrangement of business
66 Exercise of powers of Disciplinary Tribunal
66A Proceedings for charge where caution not accepted
66B Proceedings for charge where admonition not accepted
67 Charges in respect of breaches of discipline
68 Appeals to Disciplinary Tribunal from proceedings remitted to Commissioner
69 Appeal to Disciplinary Tribunal from proceedings before Commissioner
70 Minister may refer matter to Disciplinary Tribunal for inquiry and report
71 Powers of Tribunal
72 Amendment of defect or error in proceeding
73 Arrest of witness failing to attend inquiry
74 Hearings to be in public except in special circumstances
75 Representation of parties
76 Procedure generally
77 Protection of members of Disciplinary Tribunal, barristers and witnesses
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Division 5—Appeals to Federal Court of Australia
78 Interpretation
79 Appeal to Federal Court of Australia from decisions of Disciplinary Tribunal
80 Reference of question of law to the Federal Court of Australia
81 Sending of documents to, and disclosure of documents by, Federal Court of Australia
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Division 6—General
82 Failure of witness to attend
83 Refusal to be sworn or to answer questions
84 Disclosure of interests by members of Disciplinary Tribunal
85 Contempt of Disciplinary Tribunal
86 Annual Report
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Part VII—Miscellaneous
87 Secrecy
88 AFP appointee to give name and address of place of duty on request
88A Offence of victimisation
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89 Regulations
Notes to the STYLEREF ShortT \* MERGEFORMAT Complaints (Australian Federal Police) Act 1981
