Ombudsman Act 2009

(1) A complainant may, during the conduct of the police complaints resolution process or investigation of a police complaint by a member of the Professional Standards Command or after the process or investigation is completed, ask the Ombudsman to decide:

(a) for the conduct of the police complaints resolution process for the complaint – that the complaint be investigated by:

(i) a

Professional Standards Command member under Division 4,

Subdivision 2; or

(ii) the

Ombudsman under Division 5, Subdivision 2; or

(b) for the investigation of the complaint under Division 4,

Subdivision 2 – that the complaint be investigated by the

Ombudsman under Division 5, Subdivision 2.

(2) The

Ombudsman must decide the request as soon as practicable after it is made.

(3) However, the Ombudsman must refuse the request if satisfied the issues raised in the complaint are being, or have been, adequately dealt with in the process or investigation.

(4) If the Ombudsman refuses the request and the process or investigation has not been completed, the process or investigation must continue.

(5) If the Ombudsman agrees to the request:

(a) section 66 and the other provisions of this Part (other than this Division) apply as if the complaint were made to the Ombudsman; and

(b) if the process or investigation has not been completed – the process or investigation ends.