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

 

Statutory Rules 1989

No. 3631

Australian Federal Police (Discipline)

Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and under section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Australian Federal Police Act 1979.

Dated 21 December 1989.

BILL HAYDEN

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.

Division 1 of Part II

2. The heading to Division 1 of Part II of the Principal Regulations is amended by adding at the end “and Staff Members”.

Performance of duties

3. Regulation 3 of the Principal Regulations is amended by omitting from paragraph (e) “as are applicable to him” and substituting “that apply to him or her”,

Obedience etc. to orders

4. Regulation 5 of the Principal Regulations is amended:

(a) by inserting “direction,” after “lawful”:

(S.R. /89)—Cat. No. 14/23.5.1989

(b) by adding at the end the following subregulations:

“(2) If a member or staff member is required under subregulation ( 1 ) or a General Order or General Instruction that applies to him or her to give information, produce a document or record or answer a question, the member or staff member is not excused from complying with the requirement but the information, the production of the document or record or the answer to the question is not admissible in evidence against him or her in any proceedings other than proceedings for a disciplinary offence.

“(3) Nothing in subregulation (2) affects the admissibility in evidence, in any civil or criminal proceedings, of:

(a) any information that is given to the Commissioner, a Deputy Commissioner or a member or staff member under whose control, direction or supervision a member or staff member performs his or her duties, by a member or staff member; or

(b) the production of a document or other record by the member or staff member to another person referred to in paragraph (a); or

(c) an answer given by the member or staff member to a question put to him or her by another person referred to in paragraph (a);

if that member or staff member has not been expressly required, under subregulation (1) or a General Order or General Instruction that applies to him or her, to give the information, produce the document or record or answer the question.’”.

Property entrusted to, received by, or in possession of members or staff members

5. Regulation 8 of the Principal Regulations is amended:

(a) by inserting “or staff member” after “member”;

(b) by inserting “or her” after “him” and “his” (wherever occurring).

Improper conduct

6. Regulation 10 of the Principal Regulations is amended by omitting paragraph (e) and substituting the following paragraph:

“(e) except as provided in General Orders or General Instructions issued under section 14 of the Act that apply to him or her, give in his or her capacity as a member or staff member any testimonial of character”.

Members or staff members not to drink or take drugs or be on licensed premises etc.

7. Regulation 11 of the Principal Regulations is amended:

(a) by omitting from paragraph (1) (b) “member, being a commissioned”

and substituting “member or staff member, being a senior executive commissioned officer or a senior executive”;

(b) by omitting paragraph (1 ) (c) and substituting the following paragraph:

“(c) enter any restricted premises while he or she is on duty without good cause”;

(c) by inserting after subregulation (1) the following subregulation:

“(1a) A member must not, without good cause, enter any restricted premises while he or she is wearing his or her uniform or a distinctive part of that uniform.”.

Disclosure of information etc.

8. Regulation 13 of the Principal Regulations is amended by omitting paragraph 13 (1) (a).

Members and staff members not to solicit or receive gifts etc.

9. Regulation 15 of the Principal Regulations is amended:

(a) by inserting “or staff member” after “member”;

(b) by inserting “or her” after “his”.

Bankrupt members or staff members

10. Regulation 17 of the Principal Regulations is amended:

(a) by inserting “or staff member” after “member”;

(b) by inserting after “he” in paragraph (a) “or she”;

(c) by inserting after “his” in paragraph (b) “or her”.

Disciplinary offences

11. Regulation 18 of the Principal Regulations is amended by inserting in paragraph (1) (b) “that applies to him or her” after “Act”.

Institution of proceedings in relation to disciplinary offences

12. Regulation 19 of the Principal Regulations is amended:

(a) by omitting from paragraph (2) (c) all the words from and including “notice —” and substituting “notice, whether the member or staff member admits or does not admit the truth of the matters alleged to constitute the disciplinary offence;”;

(b) by inserting after subregulation (2) the following subregulation:

“(2a) If a member does not admit the truth of a matter alleged to constitute a disciplinary offence, a notice served on the member under subregulation (1) must include a request for the member to notify the Commissioner, within a period of not less than 7 days after the date of service of the notice that is specified in the notice. whether the member requests that the proceedings be heard and determined by the Disciplinary Tribunal.”.

Penalties

13. Regulation 22 of the Principal Regulations is amended:

(a) by omitting from paragraph (1) (d) “member who is a commissioned officer —” and substituting “member:”;

(b) by omitting paragraph (1) (e) and substituting the following paragraph:

“(e) in the case of a staff member:

(i) reduce the staff member to a lower level; or

(ii) dismiss the staff member from the Australian Federal Police”;

(c) by inserting after subregulation (1b) the following subregulation:

“(1c) If:

(a) a staff member is reduced to a lower level; and

(b) salary is payable to staff members at that lower level in accordance with a scale of rates;

the Commissioner must detemine the rate in that scale of rates at which salary is to be paid to the staff member.”;

(d) by omitting from subregulation (3) all the words from and including “The Commissioner shall” to and including “unless the Commissioner —” and substituting “The Commissioner must not impose on a member or staff member a penalty by way of reducing the member to a lower rank, or the staff member to a lower level, or dismissing the member or staff member from the Australian Federal Police, unless the Commissioner:”.

Seniority

14. Regulation 46 of the Principal Regulations is amended by inserting after subregulation (3) the following subregulations:

“(3a) Subject to this regulation, a staff member at a particular level is senior to a staff member:

(a) whose appointment or promotion to that level was made after his or her appointment or promotion to that level was made; or

(b) at a lower level.

“(3b) The Commissioner may determine the relative seniority of staff members appointed or promoted to the same level on the same day.

“(3c) In determining the seniority of staff members, the Commissioner may take into account:

(a) the levels from which the staff members were promoted; and

(b) the relative seniority of any of those staff members at any level.”.

15. Regulations 48, 48a and 49 of the Principal Regulations are repealed and the following regulations substituted:

Application of General Orders and General Instructions to staff members

“48. The Commissioner may direct that a General Order or a General Instruction applies to all staff members or to staff members of a kind specified in the direction.

Delegation

“49. The Commissioner may, by instrument, delegate to a Deputy Commissioner, a member or a staff member any of the powers of the Commissioner under these Regulations.”.

Further amendments of the Principal Regulations

16. The Principal Regulations are further amended as set out in the Schedule.

Application

17. The Principal Regulations as in force immediately before the commencement of these Regulations continue to apply to proceedings in relation to a disciplinary offence begun before that commencement.

SCHEDULE Regulation 16

FURTHER MISCELLANEOUS AMENDMENTS OF

THE PRINCIPAL REGULATIONS

Provision Amended	Omit	Substitute
Paragraph 2 (2) (c)	a member (wherever occurring)	a member or staff member
Paragraph 2 (2) (d)	a member (wherever occurring)	a member or staff member
Subregulation 2 (4)	member (wherever occurring)	member or staff member
Regulation 3	A member	A member or staff member
Paragraph 3 (a)	(a) his (wherever occurring)	(a) his or her
(b) himself	(b) himself or herself
Paragraph 3 (c)	his	his or her
Paragraph 3 (d)	his	his or her
Paragraph 3 (e)	his	his or her
Subregulation 4 (1)	A member	A member or staff
member
Paragraph 4 (1) (c)	(a) himself	(a) himself or herself
(b) member	(b) member or staff member
(c) he	(c) he or she
(d) his	(d) his or her
Subregulation 4 (2)	(a) member	(a) member or staff member
(b) himself	(b) himself or herself
(c) his (wherever occurring)	(c) his or her
Regulation 5	(a) member (wherever occurring)	(a) member or staff member
(b) him	(b) him or her
(c) he	(c) he or she
(d) his	(d) his or her
Regulation 6	A member	A member or staff member
Paragraph 6 (a)	he	he or she
Regulation 7	(a) member	(a ) member or staff member
(b) his	(b) his or her
(c) him	(c) him or her
Regulation 10	A member	A member or staff member
Paragraph 10 (a)	(a) he	(a) he or she
(b) member	(b) member or staff member
Paragraph 10 (b)	his	his or her
Paragraph 10 (c)	member	member or staff member
Paragraph 10 (d)	(a) himself	(a) himself or herself
(b) member (wherever occurring)	(b) member or staff member
(c) his	(c) his or her

SCHEDULE continued

Provision Amended	Omit	Substitute
Subregulation 11 (1)	member	member or staff member
Paragraph 11 (1) (a)	(a) himself	(a) himself or herself
(b) his	(b) his or her
Paragraph 11 (1) (b)	(a) he	(a) he or she
(b) his (wherever occurring)	(b) his or her
Subregulation 11 (2)	(a) member (wherever occurring)	(a) member or staff member
(b) his (wherever occurring)	(b) his or her
Subregulation 11 (3)	member	member or staff member
Subregulation 12 (1)	A member	A member or staff member
Paragraph 12 (1) (b)	member	member or staff member
Paragraph 12 (1) (c)	his	his or her
Subregulation 12 (2)	members	members and staff members
Subregulation 13 (1)	A member	A member or staff member
Paragraph 13 (1) (b)	or a member	a member or a staff member
Paragraph 13 (2) (a)	member	member or staff member
Subregulation 13 (2)	member (wherever occurring)	member or staff member
Regulation 14	member	member or staff member
Subregulation 16 (1)	member	member or staff member
Paragraph 16 (1) (d)	(a) his	(a) his or her
(b) member	( b ) member or staff member
Subregulation 16 (2)	(a) member ( first occurring)	(a) member or staff member
(b) member (third occurring)	(b) member or staff member
(c) his	(c) his or her
Subregulation 16 (3)	member	member or staff member
Subregulation 18 (1)	A member	A member or staff member
Paragraph 18 (1) (c)	his	his or her
Paragraph 18 (1) (d)	his	his or her
Paragraph 18 (1) (e)	member	member or staff member
Subregulation 18 (2)	member	member or staff member
Subregulation 19 (1)	(a) member (wherever occurring)	(a) member or staff member
(b) he	(b) he or she
Subregulation 19 (1a)	member (wherever occurring)	member or staff member
Subregulation 19 (1b)	member	member or staff member
Subregulation 19 1(c)	member	member or staff member
Subregulation 19 (2)	member	member or staff member
Paragraph 19 (2) (a)	him	him or her
Paragraph 19 (2) (d)	member	member or staff member
Subparagraph 19 (2) (d)	member	member or staff member

SCHEDULE—continued

Provision Amended	Omit	Substitute
Subparagraph 19 (2) (d) (ii)	member	member or staff member
Paragraph 19 (2) (e)	he	he or she
Subregulation 19 (3)	sub-paragraph (2) (c) (1)	subregulation (2a)
Paragraph 19 (4) (b)	the member	a member
Paragraph 20 (1) (a)	member	member or staff member
Paragraph 20 (1) (b)	(a) member	(a) member or staff
member
(b) his	(b) his or her
Subregulation 20 (1)	member	member or staff member
Paragraph 20 (1) (c)	member	member or staff member
Paragraph 20 (2) (a)	member	member or staff member
Paragraph 20 (2) (b)	(a) member	(a) member or staff member
(b) his	(b) his or her
Paragraph 20 (2) (c)	member	member or staff member
Subregulation 20 (5)	(a) a member	(a) a member or staff member
(b) the member	(b) the member or staff member
Paragraph 20 (5) (a)	member	member or staff member
Paragraph 20 (5) (c)	member	member or staff member
Paragraph 20 (5) (d)	member	member or staff member
Subregulation 20 (6)	member	member or staff member
Paragraph 20 (6) (a)	(a) member	(a) member or staff member
(b) he	(b) he or she
Paragraph 20 (6) (b)	member	member or staff member
Subregulation 20 (7)	(a ) member	(a) member or staff member
(b) his	(b) his or her
Subregulation 21 (1)	member	member or staff member
Subparagraph 21 (1) (a) (i)	member	member or staff member
Subparagraph 21 (1) (a) (ii)	(a) member	(a) member or staff member
(b) him	(b) him or her
Paragraph 21 (1) (b)	his	his or her
Paragraph 21 (1) (c)	member	member or staff member
Subregulation 21 (2)	member (wherever occurring)	member or staff member
Subregulation 22 (1)	member	member or staff member
Paragraphs 22 (1) (a) to (c) (inclusive)	member (wherever occurring)	member or staff member
Subregulation 22 (2)	member (wherever occurring)	member or staff member
Paragraph 22 ( 3) (a)	member	member or staff member
Subparagraph 22 (3) (a) (i)	member	member or staff member
Subparagraph 22 (3) (a) (ii)	member (wherever occurring)	member or staff member
Paragraph 22 (3) (b)	member	member or staff member
Subregulation 22 (4)	member	member or staff member
Subregulation 22 (5)	member	member or staff member

SCHEDULE—continued

Provision Amended	Omit	Substitute
Subregulation 46 (4)	member (wherever occurring)	member or staff member
Paragraph 47 (a)	Member	member or staff member
Regulation 47	Member	member or staff member

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1989.

2. Statutory Rules 1979 No. 211 as amended by 1980 No. 141: 1982 Nos. 90 and 281: 1984 No. 205: 1985 No. 292: 1988 Nos. 82 and 364.

Printed by Authority by the Commonwealth Government Printer.