Annual Report 2017-2018 OmbudsmanNT
Tabled paper 934
Tabled Papers for 13th Assembly 2016 - 2020; Tabled Papers; ParliamentNT
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95 Deferral of Investigation An investigation may be deferred or discontinued by the Ombudsman at any time if: (a) proceedings against the subject member in relation to the conduct have been, or are about to be, commenced in a court or tribunal; or (b) disciplinary procedures have been, or are about to be, started against the subject member. An investigation may be deferred pending the finalisation of court proceedings or disciplinary procedures. 12.3 Category 1 PSC Investigation Authorised Conduct of Category 1 Complaint Category 1 complaints relate to serious police misconduct. Allegations of Police misconduct will result in a Category 1 complaint if the conduct: (a) involved alleged criminal behaviour; (b) involved a breach of some other Act; (c) was, or appeared to be, deliberate; (d) resulted in the use of a firearm or other weapon; (e) involved a threat or harassment of a serious nature; (f) was recklessly indifferent to the negative outcome of the specific conduct; (g) resulted in death or injury, major property damage or financial loss to the claimant or some other person; (h) constitutes an issue which is in the public interest; or (i) is likely to identify significant questions of police practice or procedure. Category one (1) complaints, when sustained, may result in one or more of the following outcomes pursuant to Part IV of the Police Administration Act: (a) counselling; (b) formal caution in writing; (c) good behaviour Bond (GBB); (d) fine; (e) pay compensation/restitution; (f) transfer; (g) reduce rate of salary; (h) suspension paid/unpaid; (i) demotion; or (j) dismissal. A Category 1 complaint will receive Ombudsman oversight and will be reviewed and reported on by the Ombudsman. Complaints may be classified as a Category 1 complaint because of: (a) the serious nature of the alleged police misconduct; or (b) the complaint has been re-classified: i) because evidence established the police misconduct was more serious than first considered; or ii) at the request of the complainant to the Ombudsman. Assignment of Complaint to Investigating Officer Allegations, which if true, would involve substantial breaches of the criminal law, are to be assigned in consultation with the Commander, PSC to PSC investigators, Crime Division members, Commissioned Officers or an experienced criminal investigator.