Australian Federal Police (Discipline) Regulations (Amendment) (Cth)
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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
Dated 22 April 1982.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
KEVIN NEWMAN
Minister of State for Administrative Services
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(a) by omitting the definitions of “Board” and “Chairman”;
(b) by omitting the definition of “Deputy Chairman” and substituting the following definitions:
“ ‘Complaints Act’ means the
Complaints (Australian Federal Police) Act 1981;‘Disciplinary Tribunal’ means the Federal Police Disciplinary Tribunal established by section 54 of the Complaints Act;”; and
(c) by adding at the end thereof the following sub-regulation:
“(2) Each of the following is a disciplinary offence for the purposes of these Regulations:
(a) a disciplinary offence within the meaning of regulation 18; and
(b) in relation to a period before the date fixed under sub-section 2 (2) of the Act and in relation to a person appointed to be a member under section 72 of the Act—
(i) if the person was, immediately before that date, a member of the Commonwealth Police Force—a disciplinary offence referred to in regulation 13 of the Commonwealth Police Regulations made under the
Commonwealth Police Act 1957;(ii) if the person was, immediately before that date, a member of the Police Force of the Australian Capital Territory—a disciplinary offence referred to in section 29 of the
Police (Disciplinary Provisions) Ordinance 1972 of the Australian Capital Territory; and(iii) if the person was, immediately before that date, to be deemed to be a Commonwealth Police Officer by virtue of sub-section 4 (2) of the
Commonwealth Police Act 1957—an offence mentioned in section 55 of the Public Service Act 1922 as in force on that date.”.
Institution of proceedings in relation to disciplinary offences
(a) by omitting sub-paragraphs (2) (c) (i) and (ii) and substituting the following sub-paragraphs:
“(i) whether the member admits or does not admit the truth of the matters alleged to constitute the disciplinary offence; and
(ii) where the member does not admit the truth of the matters alleged to constitute the disciplinary offence—whether the member requests that the proceedings be heard and determined by the Disciplinary Tribunal;”;
(b) by adding at the end of paragraph (2) (e) “ and, in the case of proceedings before the Disciplinary Tribunal, that the member may appear in person or may be represented by a legal practitioner or by some other person”;
(c) by omitting from sub-regulation (3) “, be deemed to have denied that he is guilty of” and substituting “and of section 67 of the Complaints Act, be deemed not to have admitted the truth of the matters alleged to constitute”; and
(d) by omitting sub-regulation (4) and substituting the following sub-regulation:
“(4) Where the period specified in a notice served under sub-regulation (1) has expired and—
(a) the member has not requested the Commissioner, in writing, that the proceedings be heard and determined by the Disciplinary Tribunal; and
(b) the Commissioner has not determined, in writing, that it would be desirable for the proceedings to be so heard and determined,
the Commissioner shall, as soon as practicable after the expiration of the period—
(c) fix the date on which, and the time and place at which, he will hear and determine the matter; and
(d) by notice in writing served on the member, inform the member of the time, date and place so fixed.”.
Institution of proceedings under section 11 of the Complaints Act
(1) Where—
(a) the Commissioner, in giving effect under sub-section 11 (4) of the Complaints Act to a proposal put by him to the Ombudsman, charges a member with a disciplinary offence; or
(b) the Attorney-General directs, under sub-section 11 (7) of the Complaints Act, that action should be taken by way of charging a member with a disciplinary offence,
the Commissioner shall institute proceedings against the member by causing a notice to that effect to be served on the member.
A notice served on a member under sub-regulation (1)—
(a) shall be signed by the Commissioner or a person authorized by him to sign notices under that sub-regulation;
(b) shall state the nature, and give the particulars, of the alleged disciplinary offence;
(c) shall request the member to notify the Commissioner within such period, not being less than 7 days after the date of service of the notice, as is specified in the notice, whether the member admits or does not admit the truth of the matters alleged to constitute the disciplinary offence;
(d) shall state that the member may, within the period specified in the notice in accordance with paragraph (c), deliver to the Commissioner—
(i) any written statement that the member may wish to make in relation to the alleged disciplinary offence; and
(ii) any written statement made by another person that the member may wish to tender in support of his own statement; and
(e) shall inform the member that he may appear at the hearing of the proceedings in person or may be represented by a legal practitioner or by some other person.
Where a member on whom a notice has been served under sub-regulation (1) has not, within the period specified in the notice, given notice to the Commissioner for the purpose of paragraph (2) (c), the member shall, for the purposes of the hearing and determination of the proceedings by the Disciplinary Tribunal, be deemed not to have admitted the truth of the matters alleged to constitute the disciplinary offence referred to in the notice.”.
“(a) if the Commissioner determines under regulation 21 that the member is not guilty of the disciplinary offence in relation to which the member has been suspended—until the date of that determination;
(b) if the Disciplinary Tribunal, in proceedings heard by it in pursuance of section 67 of the Complaints Act, finds a member not guilty of the disciplinary offence in relation to which the member has been suspended—until the date of the finding;
(c) if the Disciplinary Tribunal sets aside a determination of the Commissioner, or a finding of the Tribunal, that a member is guilty of a disciplinary offence—until the date of the decision of the Tribunal setting aside that determination or finding, as the case requires; or
(d) if paragraph (a), (b) or (c) does not apply—until the date on which the penalty imposed on the member has effect.”.
(a) by omitting from sub-regulation (1) “under regulation 21, or the Board under regulation 37, has determined that a member is guilty of a disciplinary offence” and substituting “has determined that a member is guilty of a disciplinary offence or the Disciplinary Tribunal has remitted proceedings to the Commissioner under paragraph 67 (3) (b) of the Complaints Act”;
(b) by omitting paragraph (1) (d) and substituting the following paragraph:
“(d) in the case of a member who is a commissioned officer—
(i) reduce the member to a lower rank; or
(ii) dismiss the member from the Australian Federal Police; or”;
(c) by omitting sub-regulations (3) to (9) (inclusive) and substituting the following sub‑regulations:
“(3) Where—
(a) the Commissioner has determined that a member is guilty of a disciplinary offence; and
(b) the Commissioner is of the opinion that, as a penalty, the member should be reduced in rank or dismissed from the Australian Federal Police,
the Commissioner shall, by notice in writing served on the member—
(c) inform the member that the Commissioner proposed to impose the penalty on the member; and
(d) require the member, within 7 days of the service of the notice, to deliver to the Commissioner any written statement that the member may wish to make showing cause why the penalty should not be imposed on the member,
and, where the member delivers such a statement to the Commissioner, the Commissioner shall, before deciding whether to impose the penalty on the member, take into consideration the matters contained in that statement.
“(4) A penalty imposed on a member has effect—
(a) in the case of a penalty of reduction in rank or dismissal from the Australian Federal Police imposed on a commissioned officer—upon confirmation by the Governor-General; and
(b) in any other case—on a date fixed by the Commissioner.
“(5) Where an appeal lies to the Disciplinary Tribunal, the date fixed by the Commissioner shall not be earlier than 28 days after the member has been notified of the imposition of the penalty.”.
(a) proceedings have been instituted in respect of a disciplinary offence by the Commissioner under regulation 19 of the Australian Federal Police (Discipline) Regulations before the commencement date; and
(b) those proceedings have not been heard and determined by the Commissioner under regulation 21, or by the Board under regulation 37, of the Australian Federal Police (Discipline) Regulations,
those proceedings shall, on the commencement date, be deemed to have been withdrawn by the Commissioner.
“Board” means the Disciplinary Board established under regulation 24 of the Australian Federal Police (Discipline) Regulations as in force immediately before the commencement of these Regulations;
“commencement date” means the day on which the
Complaints (Australian Federal Police) Act 1981 comes into operation.
1. Notified in the
Commonwealth of Australia Gazette on 30 April 1982.2. Statutory Rules 1979 No. 211 as amended by 1980 No. 141.
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