Australian Federal Police (Discipline) Regulations (Amendment) (Cth)

Statutory Rules 1988 No. 821

Australian Federal Police (Discipline)

Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Federal Police Act 1979.

Dated 18 May 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Michael Tate

Minister of State for Justice

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Australian Federal Police (Discipline) Regulations.

Interpretation

2. Regulation 2 of the Principal Regulations is amended by omitting from the definition of “commissioned officer” in subregulation (1) all the words after “6 (c) of the Act”.

Institution of proceedings in relation to disciplinary offences

3. Regulation 19 of the Principal Regulations is amended by inserting after subregulation (1c) the following subregulation:

“(1d) The Commissioner shall not institute proceedings against a member under subregulation (1) in relation to an alleged disciplinary offence where the member has accepted a caution under regulation 19aa or regulation 19b in relation to that alleged offence.”.

 

(S.R. 76/88)—Cat. No. 14/5.4.1988

 

4. After regulation 19 of the Principal Regulations the following regulation is inserted:

Cautions

“19aa. (1) Where a member may have committed a disciplinary offence of a kind appropriate to be dealt with by way of a caution, the Commissioner may offer the member a caution for that disciplinary offence.

“(2) An offer of a caution for a disciplinary offence shall be made by the Commissioner causing a notice to that effect to be served on the member to whom the offer is made.

“(3) An offer of a caution shall remain open for a period of 14 days commencing on the day of service of the notice.

“(4) A notice served on a member under subregulation (2):

(a) shall be in writing;

(b) shall be signed by the Commissioner or by a person authorised by the Commissioner in writing to sign notices issued under this regulation;

(c) shall state the nature, and give the particulars, of the alleged disciplinary offence in relation to which the caution is offered;

(d) shall state that the offer remains open for a period of 14 days commencing on the day of service of the notice;

(e) shall request the member to notify the Commissioner not later than 14 days after the day of service of the notice whether the member accepts or does not accept the offer of a caution;

(f) shall state that where the member does not accept the offer of a caution the Commissioner shall institute proceedings against the member; and

(g) shall set out the provisions of section 66a of the Complaints Act.

“(5) Where a member on whom a notice has been served under subregulation (2) wishes to accept the offer of a caution, the member may do so by writing ‘accepted’ on the notice, signing it, and returning it to the Commissioner.”.

Institution of proceedings under the Complaints Act

5. Regulation 19a of the Principal Regulations is amended:

(a) by inserting after subregulation (1) the following subregulation

“(1a) Where the Commissioner is required by section 66a of the Complaints Act to institute proceedings against a member, the Commissioner shall institute those proceedings by causing a notice to that effect to be served on the member.”; and

(b) by omitting from subregulation (2) “under sub-regulation (1)—” and substituting “under subregulation (1) or (1a):”.

6. After regulation 19a of the Principal Regulations the following regulation is inserted:

Cautions under the Complaints Act

“19b. (1) Where:

(a) the Commissioner, under subsection 11 (4) of the Complaints Act, is required to give effect to a proposal put by him to the Ombudsman that a member be cautioned in relation to a disciplinary offence; or

(b) the Attorney-General directs, under subsection 11 (7) of the Complaints Act, that action should be taken by way of cautioning a member in relation to a disciplinary offence;

the Commissioner shall offer the member a caution for that disciplinary offence.

“(2) An offer of a caution for a disciplinary offence shall be made by the Commissioner causing a notice to that effect to be served on the member to whom the offer is made.

“(3) An offer of a caution for a disciplinary offence shall remain open for a period of 14 days commencing on the day of service of the notice.

“(4) A notice served on a member under subregulation (2):

(a) shall be in writing;

(b) shall be signed by the Commissioner or by a person authorised by the Commissioner in writing to sign notices under this regulation;

(c) shall state the nature, and give the particulars, of the alleged disciplinary offence in relation to which the caution is offered;

(d) shall state that the offer remains open for a period of 14 days commencing on the day of service of the notice;

(e) shall request the member to notify the Commissioner not later than 14 days after the day of service of the notice whether the member accepts or does not accept the offer of a caution;

(f) shall state that where the member does not accept the offer of a caution the Commissioner shall institute proceedings against the member; and

(g) shall set out the provisions of section 66a of the Complaints Act.

“(5) Where a member on whom a notice has been served under subregulation (2) wishes to accept the offer of a caution, the member may do so by writing ‘accepted’ on the notice, signing it, and returning it to the Commissioner.”.

Penalties

7. Regulation 22 of the Principal Regulations is amended by omitting from subregulation (1) paragraphs (aa) and (a) and substituting the following paragraphs:

“(a) admonish the member;

(ab) caution the member;

(ac) reprimand the member;”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 May 1988.

2. Statutory Rules 1979 No. 211 as amended by 1980 No. 141; 1982 Nos. 90 and 281; 1984 No. 205 and 1985 No. 292.

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