Australian Federal Police (AFP) complaint categories

Category 1—minor management or customer service matters

Category 2—minor misconduct

Category 3—serious misconduct

Category 4—conduct giving rise to a corruption issue.

Approach

A contact with the office about a new matter regarding one of our core business functions (usually classed as Category 1 and 2).

Category

Approaches are divided into five categories based on whether the approach is investigated or not, potential sensitivities and the degree of effort required to finalise the approach.

Category 1—Initial
approach (approach)

An approach that was resolved by a single communication (e.g. referral to a more appropriate agency) and the discretion not to investigate was applied.

Category 2—Further assessment (approach)

An approach that required further communication and/or assessment (e.g. internal enquiries/research or more information from the complainant) and the discretion not to investigate was applied.

Category 3—Investigation (complaint)

An approach investigated via formal contact with the agency that is the subject of the complaint in order to resolve the matter.

Category 4—Further investigation (complaint)

An approach that required two or more substantive contacts with the agency that is the subject of the complaint in order to resolve the matter.

Category 5—Formal
reports (complaint)

An approach where the matter complained about was identified as significant and an appropriate outcome could not be negotiated with the agency.

Closed approach

An approach that has been finalised.

Community detention

A form of immigration detention that enables people in detention to reside and move about freely in the community without needing to be accompanied or restrained by an officer under the Migration Act 1958.

Compensation for Detriment caused by Defective Administration (CDDA) scheme

A scheme that allows Australian Government agencies under the Financial Management and Accountability Act 1997 to provide discretionary compensation to people who have experienced detriment as a result of an agency’s defective actions or inaction.

Compliance auditing

The action of inspecting the records of law enforcement agencies to determine the extent of compliance with relevant legislation by the agency and its law enforcement officers.

Complaint

An approach that has been escalated to Category 3 or above that was investigated and required agency contact to resolve the matter.

Controlled operation

A covert operation carried out by law enforcement officers under the Crimes Act 1914 (Cth) for the purpose of obtaining evidence that may lead to the prosecution of a person for a serious offence. The operation may result in law enforcement officers engaging in conduct that would otherwise constitute an offence.

Cross-agency issue

At times a complaint or investigation may involve more than one agency if, for example, one agency is responsible for a policy for which another agency administers the related program/s.

Established complaint

The AFP considers a complaint is ‘established’ if an AFP investigation concludes in favour of the complainant or against the AFP member.

Formal powers

The Ombudsman’s powers to investigate the administrative actions of most Australian Government departments and agencies and private contractors delivering government services. The powers of the Ombudsman are similar to those of a Royal Commission, and include compelling an agency to produce documents and examining witnesses under oath.

Garnishee

The power to seize money from a third party (such as a bank) to pay a debt. This power is held by some government agencies, such as the Australian Taxation Office and Child Support.

Inspection (immigration)

Inspection visits to immigration detention facilities and other places of detention to monitor detention conditions and services provided to detainees. Inspections help to assess whether those services comply with the immigration values and obligations of the Department of Immigration and Citizenship and its contracted service providers.

Inspection (other)

Inspection or auditing of the records of law enforcement and other enforcement agencies in relation to the use of covert powers, such as telecommunications interceptions, stored communications, surveillance devices and controlled operations. This is one of the Ombudsman’s statutory responsibilities.

Investigation

Occurs when the office formally contacts an agency about an issue raised as part of a complaint or because the Ombudsman has chosen to use her/his own motion powers.

Income management

A scheme that enables Centrelink to retain and manage at least 50% of a person‘s income support payments. The managed funds can only be allocated to priority goods and services, such as housing, clothing, food, utilities, education and health care. Managed funds cannot be used to purchase prohibited goods such as alcohol, gambling products, tobacco or pornography. The remaining portion of a person‘s income support is available for them to use as they wish.

Jurisdiction

Under the Ombudsman Act, the Commonwealth Ombudsman can investigate the administrative actions of Australian Government agencies and officers. The Act confers six other roles on the Commonwealth Ombudsman:

• Defence Force Ombudsman, to investigate action arising from the service of a member of the ADF
• Immigration Ombudsman, to investigate action taken in relation to immigration (including immigration detention)
• Postal Industry Ombudsman, to investigate complaints against private postal operators
• Taxation Ombudsman, to investigate action taken by the Australian Taxation Office
• Overseas Students Ombudsman, to investigate complaints from overseas students about private education providers in Australia
• Law Enforcement Ombudsman, to investigate conduct and practices of the AFP and its members.

The Commonwealth Ombudsman also undertakes the role of the ACT Ombudsman in accordance with s 28 of the ACT
Self-Government (Consequential Provisions) Act 1988 (Cth).

Natural justice

In administrative decision making, natural justice means procedural fairness.

Outcome

Our Outcome: Fair and accountable administration by Australian Government agencies by investigating complaints, reviewing administrative action and inspecting statutory compliance by law enforcement agencies.

Outcomes

The results, consequences or impacts of government actions.

Outcome statements

Statements that articulate government objectives and serve three main purposes within the financial framework:

1. Explain the purposes for which annual appropriations are approved by the Parliament for use by agencies
2. Provide a basis for budgeting and reporting against the use of appropriated funds
3. Measure and assess agency and program non-financial performance in contributing to government policy objectives.

Out of jurisdiction (OOJ)

An approach about a matter that is outside the core business functions of the office.

Own motion investigation

An investigation conducted on the Ombudsman’s own initiative.

Public interest disclosure

Sometimes referred to as ‘whistleblowing’, this occurs when a person discloses information that demonstrates improper conduct by a public body in the exercise of its functions.

Redress of grievance submission

A review by the Commanding Officer available to members of the Australian Defence Force if they are not satisfied with the outcome of the normal administrative processes. Before taking this step, Defence Force personnel are encouraged to first seek resolution of any complaint at the lowest possible level through the chain of command.

Remedy

A solution or correction to a problem that is the subject of a complaint.

Resolve

The name of the electronic case management system used by the Ombudsman’s office.

Review rights

Rights a person has if they disagree with a decision made about them, or if they believe they have been treated unfairly by a government agency. They may appeal the decision or ask for it to be reviewed by the agency, and if they are not able to resolve the situation with the agency, they may complain to the Ombudsman.

Review (Ombudsman)

A review available to a complainant who disagrees with an Ombudsman decision. They can request the matter be reconsidered by a more senior officer within the office who was not involved in the original investigation.

Stored communications

Typically refers to emails and text (SMS) messages but may include images or video that are electronically stored by a telecommunications carrier or internet service provider. (For instance, an SMS message is stored by a carrier and sent when the intended recipient is able to take the message.) Stored communications access occurs under warrant for the purposes of obtaining information relevant to the investigation of an offence.

Surveillance devices

Typically listening devices, cameras and tracking devices that are used to gather information relating to criminal investigations and the location and safe recovery of children. The use of these devices usually requires the issue of a warrant.

Systemic issue

A problem that is common throughout an agency or across multiple agencies, often identified through the analysis of similar individual complaints.

The office

The Office of the Commonwealth Ombudsman.

The Ombudsman

The person occupying the statutory position of Commonwealth Ombudsman.

Warm transfer

An assisted phone transfer to another agency. If complainants contact us with a complaint before first approaching the relevant agency, we have an arrangement in place with some agencies such as ATO and Centrelink to transfer them back to that agency. If their complaint is not resolved there, they can come back to us at that point.

Within jurisdiction

An approach about a matter that the office can investigate.