Document ID: chunk:federal_register_of_legislation:C2006A00084:clause:1_40th
Version: federal_register_of_legislation:C2006A00084
Segment Type: clause
Provision Reference: sch 1 cl 40TH
Character Range: 42595–44245

40TH  How issue is dealt with

 (1) In dealing with the AFP conduct issue, the manager must:
 (a) ensure that:
 (i) the AFP appointee; and
 (ii) the complainant (if any);
  have an adequate opportunity to be heard in relation to the issue; and
 (b) ensure that the AFP appointee is involved, as far as practicable, in the resolution of the issue; and
 (c) determine what action (if any) is to be taken under section 40TI or 40TJ in relation to the issue; and
 (d) consider whether the information:
 (i) given under section 40SA in relation to the issue; or
 (ii) obtained in the course of dealing with the issue;
  raises an AFP practices issue.

Note: Paragraph (d)—see also section 40TK.

 (2) Without limiting the ways in which the manager may deal with the AFP conduct issue, the manager may:
 (a) attempt to resolve the issue by conciliation; or
 (b) authorise another AFP appointee to attempt to resolve the issue by conciliation.

 (3) To avoid doubt:
 (a) the conduct or outcome of conciliation undertaken under subsection (2) does not limit the action that the manager may take under section 40TI or 40TJ; and
 (b) the manager may take into account the conduct or outcome of conciliation undertaken under subsection (2) in deciding what action (if any) to take under section 40TI or 40TJ.

 (4) Any information that the AFP appointee gives, in the course of conciliation undertaken under subsection (2), to:
 (a) the manager; or
 (b) the person authorised by the manager to attempt to resolve the AFP conduct issue by conciliation; or
 (c) the complainant;
is not admissible against the AFP appointee in any criminal or civil proceedings.