Annual Report 2017-2018 OmbudsmanNT
Tabled paper 934
Tabled Papers for 13th Assembly 2016 - 2020; Tabled Papers; ParliamentNT
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92 The PI may result in PSC recommending to the Ombudsman that a complaint be dealt with in the following manner: (a) as a Category 1 Complaint Against Police; (b) as a Category 2 Complaint Against Police; (c) as a matter suitable for conciliation under Part 7 Division 3 of the Act; (d) as a matter suitable for the Complaint Resolution Process; (e) as a Customer Service Enquiry; or (f) the complaint should be declined under section 67 of the Act. 12.2 Category 2 PSC Investigation Authorised Conduct of Category 2 Complaint These are complaints relating to police misconduct that are not suitable for CRP or sufficiently serious, or of such a nature as to warrant a section 66(2)(d)(ii) Investigation (Category 1) or direct Ombudsman involvement (section 86 of the Act.). Subject to any direction given by the Commissioner or the Ombudsman, a Category 2 investigation will normally be carried out with limited oversight from the Ombudsman. A complaint may become a Category 2 investigation due to an unsuccessful CRP process or when evidence establishes the complaint is more serious than originally considered. Notwithstanding the Ombudsman's decision that the complaint may be investigated by PSC, the complainant may, at any time, ask the Ombudsman to investigate the complaint. Assignment of complaint to Investigating Officer If a complaint is classified as a Category 2 and the Ombudsman did not instruct that the complaint was to be investigated by a PSC member, the Commander, PSC will notify the Commander of the relevant station / section / unit to arrange to have the complaint investigated. The relevant Commander will assign the investigation to an appropriate investigating officer (IO). In determining who to allocate the Complaint against Police to, the relevant Commander is to consider: (a) whether the proposed IO's rank is above that of the subject member; (b) if the proposed IO's skill, capacity and training is adequate to complete the Complaint against Police; (c) the IO's leave requirements and/or other commitments; and (d) any obvious conflict of interest (being a supervisor or manager of the subject member alone does not constitute a conflict of interest). Functions of Investigating Officer It is the function of the IO to collect and consider all relevant evidence available to either prove or disprove the allegations made against the subject member including: (a) collecting all relevant information and evidence (both inculpatory and exculpatory) relating to the grounds of complaint; (b) investigating and reviewing the information and evidence; (c) reaching a reasonable and logical conclusion; and (d) preparing a report and other supporting documentation for the Commissioner or delegate's consideration.