Document ID: chunk:federal_register_of_legislation:C2025C00095:section:8:p5
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 8 (pt 5/5)
Character Range: 101817–103618

investigation under this Act, that there is evidence that the Parliamentary Service Commissioner may have breached the Code of Conduct (within the meaning of the Parliamentary Service Act 1999), the Ombudsman must bring the evidence to the notice of the Parliamentary Service Merit Protection Commissioner.
 (11) If:
 (a) a person is, or is an employee of, a Commonwealth service provider of a Department or prescribed authority under a contract; and
 (b) in the opinion of the Ombudsman, there is evidence that the person has engaged in conduct that:
 (i) would, if the person were an officer of the Department or prescribed authority, amount to a breach of duty or to misconduct; or
 (ii) should be brought to the attention of the principal officer of the Department or prescribed authority; and
 (c) in the opinion of the Ombudsman, the evidence is, in all the circumstances, of sufficient force to justify the Ombudsman doing so;
the Ombudsman must bring the evidence to the notice of the principal officer of the Department or prescribed authority.

Arrangements for having police officers assist Ombudsman in relation to investigation
 (12) Whenever it becomes necessary or desirable for the Ombudsman to use persons with police training in connection with his or her investigation of a complaint about an AFP conduct issue or AFP practices issue, the Ombudsman may, and must in so far as it is practicable to do so, use, in connection with that investigation:
 (a) an AFP appointee who is made available to him or her by the AFP Commissioner for the purposes of the investigation; or
 (b) a member of the police force of a State whom the police force of the State agrees to make available to the Ombudsman, for the purposes of the investigation, under arrangements made by the AFP Commissioner.