Annual Report 2017-2018 OmbudsmanNT
Tabled paper 934
Tabled Papers for 13th Assembly 2016 - 2020; Tabled Papers; ParliamentNT
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90 If the Ombudsman agrees with the request, the Ombudsman and the Commander, PSC will reclassify the complaint and the Ombudsman will notify the complainant of the terms of the new investigation. 11.6 Police Officer Dissatisfied A police officer who is dissatisfied with the progress or the outcome of the CRP may make a written submission to the Commander, PSC. Upon receipt of the submission the Commander, PSC will consider the submission and if satisfied the CRP will be unsuccessful, notify the Ombudsman. The Commander, PSC and the Ombudsman will re-classify the complaint if appropriate and the Ombudsman will notify the complainant of the terms of the new investigation. 11.7 Police Officer's Rights The Ombudsman and the Commissioner agree that evidence obtained from a police officer in the CRP cannot be used in any disciplinary investigation or proceedings against the member [section 114(1) of the Act]. There will be no records kept on the personnel file of the member in respect to the results of any CRP. 11.8 Enquiries Reveal a Matter is More Serious If enquiries reveal that the matter is more serious than first thought, or if evidence indicates the complaint is not suitable as a CRP, the CRP Officer is to suspend the enquiries and forward all documents to the Commander, PSC. The following factors could lead to a suspension of the CRP: (a) identified inculpatory evidence warranting a formal PSC investigation; (b) additional issues requiring further enquiry; and/or (c) evidence of involvement of other police officers in the police conduct. The Commander, PSC and the Ombudsman will re-classify the complaint. The Ombudsman will notify the complainant of the terms of the new investigation. 11.9 Withdrawal of Complaint If a complainant wishes to withdraw a minor complaint, it is to be confirmed in writing by the complainant and the CRP Officer and forwarded to PSC. The withdrawal should include the complainant's reasons for withdrawing the complaint. 11.10 CRP Action Requirements Complaints dealt with under the CRP are to be completed within fourteen (14) days of the complaint being received. An application to extend the period may be made to the Commander, PSC at any time before the expiry of the fourteen (14) days. The application is to provide particulars of the reasons for the delay in finalising the CRP within the specified period. Applications will only be approved on the joint approval of the Commander, PSC and the Ombudsman. Completed CRP forms are to be forwarded by the Commander, PSC to the Ombudsman at the earliest opportunity but within seven (7) days of the complaint being finalised.