Annual Report 2017-2018 OmbudsmanNT
Tabled paper 934
Tabled Papers for 13th Assembly 2016 - 2020; Tabled Papers; ParliamentNT
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85 ii) the file will be closed; and iii) the complaint will not be forwarded to PSC; (b) if the complaint was submitted by PSC to the Ombudsman: i) the complainant or their representative will be notified by PSC that no further action will be taken on the matter; ii) PSC will send confirmation to the Ombudsman; and iii) the file will be closed. Reasons for the refusal to accept the complaint or for discontinuing the investigation will be given to the complainant or their representative. 8. Classification of Complaints If a complaint is accepted, the Ombudsman agrees to consult with the Commander, PSC on the classification of the complaint. Complaints fall into one of the following classifications: (a) conciliation under Part 7, Division 3; (b) CRP under Part 7, Division 4; (c) investigation of category two (2) complaint (section 66(2)(d)(i)) of the Act - PSC investigates and reports to complainant under Part 7, Division 4, Subdivision 2; (d) investigation of category one (1) complaint (section 66(2)(d)(ii)) of the Act PSC investigates and reports to Ombudsman under Part 7, Division 4, Subdivision 2; or (e) section 86 Investigation Ombudsman investigation under Part 7 Division 5 of the Act. If the Ombudsman and the Commander PSC are unable to agree on the classification of a complaint, the Ombudsman's decision will be final. Careful consideration is to be given to: (a) the seriousness of the complaint; (b) any relevant police practices, procedures or policies; and (c) the responsible allocation of resources in determining the classification. The classification process is intended to be flexible. This means a complaint may be changed at any time to another level of classification based on the particular circumstances of the case. 9. Re-Classification of Complaint Consideration may be given to re-classification of a complaint if: (a) the complainant is dissatisfied with the CRP process, the outcome of the CRP process or does not agree to continue with the CRP process; (b) evidence indicates the complaint is not suitable as a CRP; (c) a CRP process is otherwise unsuccessful, or likely to be unsuccessful; (d) inquiries reveal the complaint is more or less serious than first considered; or (e) the Ombudsman's own motion powers are utilised. If the complainant is dissatisfied with the CRP process, they are to be advised of their right to request that the Ombudsman decides whether to have the matter dealt as a PSC or an Ombudsman investigation. PSC is to record the complainant's request and include details in their notification to the Ombudsman. This notification will be provided in the completed CRP Form (also advising unsuccessful resolution). If the police officer conducting the CRP becomes aware the CRP will be unsuccessful, the officer is to suspend the CRP and notify the Commander, PSC. The Ombudsman may refuse the request to re-classify a complaint if satisfied the issues raised by the complainant are being, or have been adequately dealt with in the CRP.
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