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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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86 Where a complaint is being investigated as a PSC Investigation, Category 2 Complaint and evidence establishes the complaint is more serious than initially considered, the investigator is to suspend the investigation and notify the Commander, PSC. The Commander, PSC is to immediately notify the Ombudsman of the suspension of the investigation and the reasons for it. The Ombudsman agrees to consult with the Commander, PSC on the re-classification of the complaint. In the event the Ombudsman and the Commander, PSC do not agree on the relevant classification, the Ombudsman's decision is final. The Ombudsman is to notify the complainant of the manner in which the complaint is to be investigated. 10. Conciliation [Part 7, Division 3] The Parties jointly recognise that a successful conciliation greatly reduces the likelihood of future civil litigation against the Commissioner. If a complaint might be resolved through the conciliation process, the Parties agree to use their best endeavours to progress the complaint in this manner. Conciliation is not intended to absolve the police officers of any misconduct or action. Rather, the process is an alternative dispute resolution process directed towards facilitating agreeable results arising out of the grounds of complaint. The complainant, a police officer, PSC or the Ombudsman may, at any time, request a complaint be dealt with by way of conciliation. The Ombudsman acknowledges the Commissioner is a 'relevant official' for the purposes of the conciliation process. The appointment of a conciliator is to be made by mutual agreement. The conciliator's functions are to be as agreed between the Parties however, in general terms the conciliator is to settle a complaint by: (a) explaining the conciliation process and the voluntary nature of the conciliation process; (b) explaining privilege and confidentiality as described under section 114 of the Act; (c) arranging discussions and negotiations between the complainant and the provider; (d) assisting in the conduct of discussions and negotiations; (e) assisting the complainant and provider to reach agreement; and (f) assisting in resolving the complaint in any other way. 10.1 Representation at Conciliation Approval may be given for a party to the conciliation to be represented by another person. If the conciliation is being administered by PSC, approval is to be given by PSC, otherwise approval will be given by the Ombudsman. Approval may not be granted if PSC or the Ombudsman is satisfied the proposed representative person's attendance will adversely affect the conciliation process. The Parties agree to consult each other on the question of whether a representative is an appropriate person. 11. Complaint Resolution Process (CRP) Procedures [Part 7, Division 4, Subdivision 1] The Commissioner and the Ombudsman have jointly agreed to the CRP procedures referred to in this agreement. It is agreed by the parties that the CRP includes the following elements and processes: (a) that the early intervention into minor complaints may lead to a quick resolution of the complaint. This may involve listening to the complainant's specific issues and an explanation as to why a particular course of action was taken by members, the legal and practical considerations relating to the incident or the offering of a simple apology;