OmbudsmanNT Investigation Report Matters arising from allegations of inappropriate conduct by a former Commissioner of Police and another police officer May 2015
Tabled paper 1378
Tabled Papers for 12th Assembly 2012 - 2016; Tabled Papers; ParliamentNT
Tabled by Adam Giles
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.
16 Chapter 3 - Existing mechanisms for reporting concerns and possible alternatives 78. My investigation identified issues relating to awareness and utilisation of existing mechanisms for police reporting of concerns about police conduct. 79. This chapter will outline existing general mechanisms for people to make complaints and disclosures about police conduct, before moving on to consider provisions of specific relevance to police reporting concerns about other police, and some alternative mechanisms that might be considered for reporting and investigating concerns. 80. There are three existing formal mechanisms for reporting concerns about police conduct. A person can make a complaint under the Ombudsman Act or a disclosure under the Public Interest Disclosure Act (the PID Act) or raise a concern directly to or within NT Police. 81. These are not mutually exclusive options. One report, depending on its nature, may initiate two or all three of the mechanisms. General provisions for police complaints under the Ombudsman Act 82. Section 21 of the Ombudsman Act sets out who can make a complaint about the conduct of a police officer: 21 Who may make complaint (1) A complaint about administrative action of a public authority or conduct of a police officer may be made by: (a) a person aggrieved by the action or conduct; or (b) a person representing a person aggrieved by the action or conduct; or (c) a third party or a person representing a third party. (3) In addition, a third party may make a complaint only if: (a) the complaint raises a substantive issue; or (b) the party has first-hand evidence about the subject matter of the complaint. Example for subsection (3)(b) An independent bystander who witnesses a police officer's conduct. 83. Police conduct is defined in section 7: 7 Conduct of police officer (1) Conduct of a police officer is any decision or act, or a failure to make any decision or do any act, by the police officer for, in relation to or incidental to, the exercise of a power or performance of a function of a police officer. (2) To avoid doubt, conduct of a police officer includes conduct mentioned in subsection (1) in the capacity of a public official. (3) In this section: exercise, of a power, includes the purported exercise of the power. performance, of a function, includes the purported performance of the function.
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