Territory Stories

Annual Report 2017-2018 OmbudsmanNT

Details:

Title

Annual Report 2017-2018 OmbudsmanNT

Other title

Tabled paper 934

Collection

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

Date

2018-10-31

Description

Deemed

Notes

Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.

Language

English

Subject

Tabled papers

File type

application/pdf

Use

Copyright

Copyright owner

See publication

License

https://www.legislation.gov.au/Details/C2019C00042

Parent handle

https://hdl.handle.net/10070/304663

Citation address

https://hdl.handle.net/10070/363371

Page content

91 12. Professional Standards Command Investigation There are three (3) types of Investigation undertaken by or on behalf of the Professional Standards Command. Those are: Preliminary Inquiry (PI) - An investigation carried out by PSC or other member on behalf of PSC upon initial receipt of a complaint against police. The investigation is carried out to examine available material and allow for a considered recommendation to be made to the Ombudsman on the categorisation of the complaint; Category 2 - An investigation carried out by PSC or other member on behalf of PSC where the Commissioner or his/her delegate reports directly to the complainant (Part 7, Division 4, Subdivision 2 and Part 7, Division 6, Subdivision 1 of the Act). These are complaints relating to incidences of minor misconduct that are not suitable for CRP or sufficiently serious to be subject to a category one (1) classification; and Category 1 An investigation carried out by PSC or other member on behalf of PSC where the Commissioner or his/her delegate reports to the Ombudsman, who considers the report and reports to the complainant (Part 7, Division 4, Subdivision 2 and Part 7, Division 6, Subdivision 2 of the Act). These are serious complaints relating to alleged serious misconduct or maladministration. All three types of investigation are evidence based and intended to collect evidence to either sustain or negate the grounds of complaint. 12.1 Preliminary Inquiry Authorised Conduct of Preliminary Inquiry The purpose of a PI is to source, secure and examine all relevant evidence upon initial receipt of a complaint against police. This is done to ensure that the Ombudsman is fully apprised of all the facts of a matter when making a determination on the classification of the complaint. Although this is an initial enquiry and no formal determination of complaint classification has been made, investigative rigour is still to be applied through all stages of the PI. The PI can involve any of the following actions by an investigator: (a) examination of PROMIS, IJIS or any other NT Police computer systems; (b) examination of all relevant CCTV footage, including watch house audio recordings; (c) examination of any Territory Communications Section records including audio files of telephone calls and radio transmissions; (d) examination of any written documentation relevant to the complaint, including any notes made by a police officer; (e) contact with a police officer to clarify any aspect of the complaint; (f) contact with the complainant, a witness or other person to clarify any aspect of the complaint; (g) examination of any legislation, policy or procedure relevant to the complaint; and (h) examination of any evidence the investigator deems relevant to the enquiry. All evidence examined during the PI will be made available to the Ombudsman. The PI is to be conducted within ten (10) days of receipt of the complaint unless an extension has been granted by the Ombudsman. Any extension of the time to complete a PI will be made by the Ombudsman on a case by case basis. Factors that can be considered by the Ombudsman are the size and complexity of the matter, the availability of witnesses or reasonable delays in sourcing other evidence.