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.
17 84. There are two points of contact for making a complaint about police conduct directly to the Ombudsman or to a police officer other than the officer who is subject to the complaint (s. 24). 85. A complaint about police conduct that is made to a police officer must be referred to the officer in charge of the Police Standards Command who must in turn notify the Ombudsman (s. 65). General provisions for public interest disclosures 86. The PID Act allows individuals to make a disclosure: 10 Right to make public interest disclosure (1) An individual (and only an individual) may, under this Part, make a disclosure of public interest information. 87. Section 4 provides: public interest information means information that, if true, would tend to show a public officer or public body has engaged, is engaging, or intends to engage, in improper conduct. 88. Section 5 defines improper conduct: 5 Improper conduct (1) Conduct on the part of a public body or public officer in, or related to, the performance of official functions is improper conduct if: (a) the conduct involves 1 or more of the following and constitutes a criminal offence or, if engaged in by a public officer, reasonable grounds for terminating the services of the public officer: (i) seeking or accepting a bribe or other improper inducement; (ii) any other form of dishonesty; (iii) inappropriate bias; (iv) a breach of public trust; (v) misuse of confidential information; or (b) the conduct involves 1 or more of the following (whether or not the conduct constitutes a criminal offence or, if engaged in by a public officer, reasonable grounds for terminating the services of the public officer): (i) substantial misuse or mismanagement of public resources; (ii) substantial risk to public health or safety; (iii) substantial risk to the environment; (iv) substantial maladministration that specifically, substantially and adversely affects someone's interests. (2) The following also constitute improper conduct: (a) an act of reprisal; (b) a conspiracy or attempt to engage in improper conduct that constitutes a criminal offence. (3) In this section: substantial maladministration means conduct that includes action or inaction of a serious nature that is any of the following: (a) contrary to law; (b) unreasonable, unjust, oppressive, or improperly discriminatory; (c) based wholly or partly on improper motives.
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