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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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93 Responsibilities of Investigating Officer The IO is to: (a) immediately declare any conflict of interest when a conflict, or perceived conflict, arises; (b) conduct the investigation impartially and in a timely manner in accordance with the timeline requirements for Category 2 investigations in the General Order; (c) conduct the investigation in a manner that preserves the subject member's common law rights to natural justice; (d) maintain confidentiality in accordance with NTPFES Instructions and Procedures: Internal and Sensitive Investigations Security and in accordance with the General Order; (e) comply with any instructions from the Ombudsman, Commissioner or Commander, PSC; (f) regularly consult with the complainant about the conduct of the investigation; and (g) if practicable and where it will not compromise the investigation, regularly advise members involved of the status of the investigation. The IO is to immediately contact the complainant, advise them of their assignment to the investigation and attempt to schedule an interview with the complainant or otherwise obtain a statement from them. It is essential that the IO takes all reasonable steps to obtain or secure the evidentiary material, if not already completed. Failure to take these critical steps early in the investigation will cause irreparable damage to the outcome of the investigation, especially if the evidence is likely to be lost with the passage of time. At the completion of the investigation, the IO is to prepare a Final Report on the findings of the investigation. The report is to include an assessment of the conduct of the subject member and may include: (a) an assessment on whether the conduct of the subject member: i) constituted an offence or breach of discipline or was contrary to law; ii) was unreasonable, unjust, oppressive or improperly discriminatory; iii) was in accordance with an Act or a practice, procedure or policy that is or may be unreasonable, unjust, oppressive or improperly discriminatory; iv) was based either wholly or partly on a mistake of law or of fact; v) was otherwise wrong in the circumstances; vi) exercised a power for an improper purpose or on irrelevant grounds; and/or vii) in exercising a power in a particular way or refusing to exercise a power: a. irrelevant considerations were taken into account in the course of reaching the decision to exercise the power in that way or to refuse to exercise the power; or b. a person was entitled at law to have been given, but was not given, the reasons for deciding to exercise the power in that way or to refuse to exercise the power; or (b) recommendations that one or more of the following actions be taken: i) a member be charged with an offence; ii) disciplinary action be taken against a member for a breach of discipline; iii) conciliation in relation to the conduct of the member subject of the investigation be conducted; iv) a decision made by the subject member be reconsidered, varied or reversed or reasons be given for a decision; v) the effects of a decision, act or omission made by the subject member be rectified, mitigated or altered; and vi) an Act, practice, procedure or policy on which a decision, act or omission was based be amended. Any ancillary issues identified during the investigation are to be reported on.