Document ID: chunk:federal_register_of_legislation:C2004A03550:body:0:p26
Version: federal_register_of_legislation:C2004A03550
Segment Type: other
Provision Reference: 
Character Range: 65219–67990

officer in charge considers that the whole or part of a complaint (whether made under section 6 or 22, but not including a complaint that is being dealt with under subsection 6a (2)) may properly be dealt with by attempting to resolve the complaint by conciliation, the Commissioner or officer in charge may, after notifying the Ombudsman, direct a senior member to attempt to resolve the complaint by conciliation.
"(2) Where the Commissioner or officer in charge:
     (a) is satisfied that the complaint has been resolved by conciliation; or
     (b) is satisfied, after discussion with the complainant, that the complaint is not likely to be resolved by conciliation;
the Commissioner shall inform the Ombudsman accordingly and, where paragraph (a) applies, furnish particulars of the resolution of the complaint to the Ombudsman.
"(3) Except where the officer in charge is satisfied as provided in paragraph (2) (b), the officer in charge may, in his or her discretion, defer the investigation or further investigation of the whole or part of the complaint pending the outcome of an attempt under this section to resolve the complaint by conciliation.
"(4) Where the officer in charge is satisfied that the whole or part of the complaint has been resolved by conciliation, the officer in charge shall take no action, or further action, by way of investigating or further investigating the whole or that part of the complaint unless the Ombudsman requests the Commissioner, in writing, to cause it to be investigated or further investigated by the Investigation Division.
"(5) Evidence of a statement made by a member, or of an answer given by a member to a question asked of the member, in the course of an attempt under this section to resolve a complaint by conciliation is not admissible against the member in any proceedings (including proceedings for or in relation to a breach of discipline).

SCHEDULE 1—continued
"(6) This section shall not be taken to prevent the Ombudsman from investigating under Part III a complaint made under section 6 that is, in substance, a complaint concerning the practices and procedures of the Australian Federal Police.
"(7) For the purposes of subsection (1), a senior member is a member (other than the member against whom the complaint is made) whose substantive rank:
     (a) is not lower than Senior Sergeant; and
     (b) is at least a substantive rank senior to that of the member against whom the complaint is made.".

Subsection 10 (2):
     (a) Insert "or referred to the Commissioner under section 23 and following consultation with the Ombudsman about the results of the investigation" after "section 6".
     (b) Omit "and, unless the identity of the complainant is not known, to the complainant".

Subsections 11