Annual Report 2017-2018 OmbudsmanNT
Tabled paper 934
Tabled Papers for 13th Assembly 2016 - 2020; Tabled Papers; ParliamentNT
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63 Serious complaints - Category 1 and 2 As indicated above, Category 1 and Category 2 investigations deal with more serious complaints. For Category 1 and 2 complaints, an investigation is undertaken and a report is prepared by a Police investigating officer. The report is reviewed firstly by senior Police and then by Ombudsman investigators. There are a variety of potential outcomes from an investigation. A complaint may be found to be sustained. It may be found to be unsubstantiated because there is no evidence or unresolved because there is insufficient evidence. The action or conduct of Police may be found to be reasonable or not unreasonable in the circumstances. More detail about potential findings can be found in the Police Complaints Agreement at Appendix A to this Report. In addition to issues identified by complainants, investigating officers may identify ancillary matters in the course of an investigation. Often these involve failure to undertake a particular procedure or adequately complete relevant records. Complaints may also give rise to ancillary issues regarding staff management and supervision where a complaint is substantiated against a more junior officer. In such cases, a supervisor may also be subject to appropriate guidance or action. Complaints received Fifty-seven complaints received during the year were assessed as Category 1 or 2 matters. A number of complaints were made by, or on behalf of, multiple complainants about the same or related events. Twenty-five of those complaints were made on behalf of youths. The most common issues raised by those complaints related to: use or threatened use of force (in 45 complaints); use or threatened use of firearms, Tasers, capsicum spray or batons (in 12 of those 45 complaints); issues with arrest or detention (23); rude, offensive, harassing or unjustified statements (18); failure to turn on body worn video camera (11); time spent in custody by youths (10); health, welfare and duty of care concerns (9). However, it is one thing for an issue or concern to be raised but another for there to be a finding that a complaint has been sustained.