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

Statutory Rules 1985 No. 2921

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 31 October 1985.

N.M. STEPHEN

Governor-General

By His Excellency’s Command,

M. J. Young

Special Minister of State

 

Interpretation

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

Institution of proceedings in relation to disciplinary offences

2. Regulation 19 of the Principal Regulations is amended by inserting after sub-regulation (1) the following sub-regulations:

“(1a) The Commissioner shall not institute proceedings against a member under sub-regulation (1) or, if the Commissioner has instituted proceedings under that sub-regulation, the Commissioner shall not continue those proceedings where criminal proceedings are commenced against the member in respect of the matter to which the proceedings under sub-regulation (1) relate or would have related.

“(1b) Where a member has been convicted of a criminal offence in respect of a matter, the Commissioner shall not institute proceedings under sub-regulation (1) for a disciplinary offence relating to that matter otherwise than for the disciplinary offence referred to in paragraph 18 (1) (h).

 

(S.R. 129/85)—Cat. No.  —Recommended retail price 20c  12/21.5.1985

 

“(1c) Nothing in sub-regulation (1a) shall be taken to limit the Commissioner’s power to institute or continue proceedings under sub-regulation (1) where the criminal proceedings have not resulted in a finding of guilt in relation to the member.”.

Hearing before the Commissioner

3. Regulation 21 of the Principal Regulations is amended by adding at the end the following sub-regulation:

“(2) The Commissioner shall not determine that a member is guilty of a disciplinary offence unless the Commissioner is satisfied beyond reasonable doubt that the member is so guilty.”.

Penalties

4. Regulation 22 of the Principal Regulations is amended by omitting sub-regulation (3) and substituting the following sub-regulation:

“(3) The Commissioner shall not impose on a member a penalty by way of reducing the member to a lower rank or dismissing the member from the Australian Federal Police unless the Commissioner—

(a) has caused to be served on the member a notice informing the member—

(i) that the Commissioner considers that it might be appropriate to impose that penalty on the member; and

(ii) that the member may, within 7 days after service of the notice on the member, deliver to the Commissioner, in writing, any written statement that the member wishes to be taken into consideration in deciding the appropriate penalty to be imposed upon the member; and

(b) has, before imposing such a penalty on the member, taken into consideration the matters contained in any statements delivered to the Commissioner in accordance with the notice.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 November 1985.

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

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