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Annual Report 2017-2018 OmbudsmanNT



Annual Report 2017-2018 OmbudsmanNT

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Tabled paper 934


Tabled Papers for 13th Assembly 2016 - 2020; Tabled Papers; ParliamentNT






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97 v) the effects of a decision, act or omission made by the subject member be rectified, mitigated or altered; and vi) an Act, practice, procedure or policy on which a decision, act or omission was based be amended. Findings in relation to the complaint allegations are to be provided as outlined within Part Ten of the General Order. Any ancillary issues identified during the investigation are to be included in the report. 13. Ombudsman Investigation [Part 7, Division 5, Subdivision 2] The Ombudsman may decide to investigate a CAP: (a) on the Ombudsman's own initiative under section 14 of the Act; (b) where the Ombudsman considers the complaint should be investigated by the Ombudsman under section 86 of the Act; or (c) where parliamentary reference is made for the investigation of police conduct under section 87(1)(b) of the Act. The Ombudsman may, or may not, notify the Commissioner of the investigation. If the Ombudsman's draft report contains an adverse finding about police conduct, the Ombudsman is to provide the member and the Commissioner with reasonable details about the adverse comments and allow the member the opportunity of making any submissions. Any submissions are to be dealt with in the report. 13.1 Finalisation Process Following completion of the investigation, the Ombudsman is to provide the Commissioner with a copy of a draft report of the investigation. The report is to contain an assessment and recommendations. The Commissioner will notify the Ombudsman whether the Commissioner: (a) agrees with the Ombudsman's assessment and recommendations; or (b) does not agree with the Ombudsman's assessment and recommendations. If the Commissioner supports the Ombudsman's assessment and recommendations, the Ombudsman will notify the complainant and PSC will notify the subject member of the outcome of the Complaint and of any action to be taken. If the Commissioner does not support the Ombudsman's assessment and recommendations, the Ombudsman may: (a) confirm or vary the assessment or recommendation; or (b) substitute a new assessment or recommendation. The Commissioner will notify the Ombudsman of the steps taken to give effect of the Ombudsman's recommendation as agreed, or as substituted or varied. Written notice to the Ombudsman is to be made within five (5) days of the taking of the action. Where the Commissioner does not implement the Ombudsman's recommendations: (a) the Commissioner is to provide written notice as to the Commissioner's reasons for not taking the steps; (b) the Ombudsman may provide the Police Minister with a copy of the Ombudsman's report along with the Commissioner's written notice; and (c) the Ombudsman may also provide the Police Minister with a copy of a final report for tabling in the Legislative Assembly.