Australian Federal Police Regulations (Amendment) (Cth)
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of
the Federal Executive Council and under section 4 of the
Dated 21 December 1989.
BILL HAYDEN
Governor-General
By His Excellency’s Command.
Michael Tate
Minister of State for Justice
“4a. For the purposes of section 25a of the Act, the prescribed ranks are Commander and Assistant Commissioner.”.
(S.R. 399/89) Cat. No. 14/6.12, 1989
“(3) For the purposes of section 26b of the Act, a person is competent and qualified to hold a position at a level if the person:
(a) subject to regulation 14a, is an Australian citizen; and
(b) has reached the age of 15 years; and
(c) has been certified by a medical practitioner approved by the Commissioner to be in good health and of sound constitution and to be a person who meets the standards of physical and mental health determined from time to time by the Commissioner in relation to staff members; and
(d) is of good character and reputation; and
(e) possesses the experience or potential for development, qualifications and training specified in the selection criteria relating to the position; and
(f) having regard to any other factors that are relevant to the discharge of the duties of the position, is suitable for appointment or promotion to the position, as the case may be; and
(g) has passed, at a level that the Commissioner determines, the written or oral examinations or tests determined by the Commissioner for the purpose of ascertaining whether the person is sufficiently educated, and has the necessary intelligence and aptitudes, to perform duties of the kind performed at that level.”.
“7. (1) For the purposes of subsection 26d (1) of the Act, the following periods are prescribed in respect ofan appointment of a person as a member:
(a) in the case of an appointment on or before 31 December 1989 of a member other than as a Commander or an Assistant Commissioner — 10 years; and
(b) in the case of an appointment on or after 1 January 1990 of a member as a constable—10 years; and
(c) in any other case—5 years.
“(2) For the purposes of that subsection, the following periods are prescribed in respect of an appointment of a person as a staff member:
(a) in the case of an appointment, other than at level 5 or 6, of a person who immediately before the appointment was a member of the staff within the meaning of section 16 of the Act—10 years; and
(b) in the case of an appointment of a person at level 1—10 years; and
(c) in any other case—5 years.”.
“13a. (1) A person who becomes a staff member must, before commencing duties, make:
(a) an oath of secrecy in accordance with Form 4 in Schedule 4; or
(b) an affirmation of secrecy in accordance with Form 5 in Schedule 4; before a person authorised by the Commissioner for the purpose.
“(2) For the purposes of paragraph 40 (1) (dc) of the Act:
(a) the oath of secrecy specified in Form 4 in Schedule 4; and
(b) the affirmation of secrecy specified in Form 5 in Schedule 4; are prescribed.
(a) by inserting after subregulation (2) the following subregulation:
“(2aa) A person appointed as a staff member is to be on probation for a period of 6 months unless the Commissioner otherwise directs.”;
(b) by omitting from paragraph (3) (b) “not exceeding 12 months” and substituting “not exceeding:
(i) in the case of a member—12 months; or
(ii) in the case of a staff member—6 months.”;
(c) by omitting subregulation (4) and substituting the following subregulation:
“(4) Where the Commissioner has extended a person’s period of probation, the Commissioner must, on or before the end of the period, confirm or annul the person’s appointment.”.
“and (d) if the appeal is an appeal under regulation 18c—the person appealed against.”.
“(1) A party, other than the Commissioner, is not entitled to be represented by another person at the hearing of an appeal.
“(2) At the hearing of an appeal, the Commissioner may be represented by a commissioned officer or a staff member at level 4 or a higher level, appointed by the Commissioner for that purpose.”.
“
and substituting:
“
“(5) In
this regulation,
(a) a position of member within any rank above that of constable; and
(b) a position of staff member above level 1.”.
“(1) The Commissioner may apply in writing to the relevant association for consent to the establishing of a joint selection committee in respect of one or more vacancies or expected vacancies.
“(1a) In this regulation;
(a) if there is only one relevant staff organisation in relation to that position—that organisation; or
(b) in any other case—the relevant staff organisation the membership of which includes the largest number of persons occupying positions similar to the first-mentioned position;
(a) that is registered under the
Industrial Relations Act 1988 ; and(b) for membership of which a person occupying the position would be eligible; and
(c) that is a party to an industrial award that applies in relation to the salary payable in respect of the position.
“
“16. The Commissioner may, at any time, by writing signed by the Commissioner, transfer a staff member from a position at a level to another position at that level
“17. (1) A staff member may apply in writing to the Commissioner, within 14 days of receiving notice in writing of the staff member’s transfer under regulation 16, for permission to decline the transfer.
“(2) Where the Commissioner grants an application, the transfer does not take effect.
“18. In this Division, unless the contrary intention appears:
“18a. (1) In this regulation;
‘efficiency’, in relation to a staff member being considered by the Commissioner for selection for a direction to perform the duties of a position, means, qualifications, training and experience or potential for development of the staff member, to the extent that the Commissioner considers that those matters are relevant to the performance of duties of the position.
“(2) The Commissioner may give a direction in writing to a staff member to perform temporarily the whole, or a specified part, of the duties of a position in the Australian Federal Police.
“(3) A direction, other than a direction required to be notified, takes effect on the day it is given or, where a later day is specified, on that later day.
“(4) A direction is to be expressed to continue in force:
(a) until the expiration of a specified day; or
(b) until the occurrence of a specified event;
and, subject to subregulation (7), ceases to have effect accordingly.
“(5) A direction must not be expressed to operate ‘until further notice’ or to that effect.
“(6) In selecting a staff member for a direction to perform duties of a higher position, the Commissioner shall have regard to:
(a) the efficiency of the staff member; and
(b) the duration of the period during which those duties are to be performed by that staff member; and
(c) the costs expected to be associated with the performance of those duties by that staff member; and
(d) the need for staff members to gain experience in the performance of those duties; and
(e) the relative importance to the Australian Federal Police of the performance of those duties and of the performance of the other work of the Australian Federal Police; and
(f) any other matters the Commissioner considers relevant.
“(7) Where a staff member is given a direction the Commissioner may, in writing:
(a) revoke the direction at any time; or
(b) vary the direction at any time by requiring the staff member not to perform, or to cease performing, part of those duties after that time.
“18b. (1) This regulation applies to a direction to perform duties of a position other than a position to which promotion would be a non-appellable promotion.
“(2) Where the Commissioner gives a direction to a staff member to perform duties of a higher position to which this regulation applies and the direction is expressed to continue in force:
(a) until the end of the day on which the staff member would, by acting in accordance with the direction, and any previous direction, perform the duties of the position for a continuous period of more than 3 months; or
(b) until the happening of a specified event;
the Commissioner must cause the direction to be notified in accordance with subregulation (3) as soon as practicable.
“(3)
For the purposes of subregulation (2), a direction is to be notified in the
(i) the position to which the direction relates and. where the direction relates to part only of the duties of that position, that part; and
(ii) the day (if any) on which the direction is expressed to take effect; and
(iii) the day until the end of which, or the event until the happening of which the direction is expressed to continue in force; and
(iv) the name and level of the staff member to whom the direction has been given; and
(b) that is circulated in or displayed at one or more places in a manner
likely to bring it to the attention of staff members stationed in that place or those places.
“18c. (1) In this regulation, ‘notice of appeal’ means a notice referred to in paragraph (6) (a).
“(2) Subject to subregulations (3) and (6), where a staff member is given a direction referred to in subregulation 18b (2), the selection of that staff member for that direction is subject to appeal to an Appeal Committee established under the Merit Protection Act.
“(3) An appeal may be made only:
(a) by a staff member in relation to whom the position is a higher position; and
(b) on the ground that the appellant is the most suitable staff member having regard to the matters set out in subregulation 18a (6).
“(4) Where appeals are made, the Appeal Committee is to form an opinion as to the most suitable of the staff members concerned, namely the staff member directed to perform the duties and the appellants.
“(5) An appeal under subregulation (2) against the selection of a staff member for a direction:
(a) must be in writing addressed to the Agency; and
(b) must be made by delivering it to the relevant address before the relevant time on the 14th day after the direction is first notified in accordance with subregulation 18b (3).
“(6) For the purposes of subregulation (6):
(a) the relevant address; and
(b) the relevant time;
for the delivery
of an appeal in relation to a position, are the relevant address and the
relevant time notified by the Agency in the
“(7) A notification under subregulation (7):
(a) may describe a position by reference to its location: and
(b) may specify a relevant time in respect of appeals relating to a position located in one place that differs from the time specified in respect of appeals relating to a position located elsewhere.
“18d. An appeal under subregulation 18c lapses if:
(a) the appellant tells the Agency in writing that he or she does not intend to proceed with the appeal; or
(b) the period of acting has ended; or
(c) the appellant ceases to be a staff member; or
(d) the direction is revoked in respect of all of the duties to which it relates; or
(e) the staff member directed to perform those duties ceases to be a staff member; or
(f) the appellant has been promoted to a position of a level equal to or higher than the level of the position to which the direction relates and the promotion has taken effect.
“18e. (1) Where an appeal under subregulation 18c (2) is allowed by an Appeal Committee and the period for which those duties are to be performed has not ended, the Commissioner may. as soon as practicable after being advised by the Committee of its decision:
(a) revoke the direction; and
(b) give a direction to the successful appellant to perform those duties; and the direction referred to in paragraph (b) is to be regarded as replacing the direction referred to in paragraph (a).
“(2) A direction referred to in paragraph (1) (b):
(a) is to be expressed to continue in force until the end of the day, or the happening of the event, specified in the direction that it replaces; and
(b) takes effect as soon as it is given; and
(c) is not subject to appeal; and
(d) is to be regarded, for the purposes of these Regulations (other than subregulations 18a (1) to (7) and regulations 18b, 18c and 18d) as having been given under regulation 18a.”.
“(2a) The promotion or transfer of a staff member to a position at level 2 or 3 takes effect, subject to subregulation (3):
(a) if a day of effect is specified in the notification—on that day; or
(b) in any other case—at the end of 14 days after the date of notification.
“(2b) The promotion or transfer of a staff member to a position other than a position at level 2 or 3 takes effect subject to subregulation (4):
(a) if a day of effect is specified in the notification—on that day; or
(b) in any other case—at the end of 7 days after the date of notification.”.
“25a. In this Division, “prescribed position” means;
(a) a position within a rank referred to in regulation 25b; or
(b) a position of staff member referred to in regulation 25c.”.
“25c. For the purposes of paragraph 40 (1) (d) of the Act, levels 2 and 3 are prescribed.”.
“40b. A person is not eligible for appointment as a member or staff member if the person has been retired from service as a member or staff member under s.38b of the Act, where the reason for retirement was:
(a) a psychotic illness; or
(b) a psycho-neurotic illness;
of a chronic or recurring nature.”.
“49. (1) If judgment has been given for the payment of a sum of money, the judgment creditor may serve on the Paying Officer:
(a) a copy of the judgment, certified by the appropriate officer of the court that gave the judgment; and
(b) a statutory declaration stating that the judgment has not been satisfied and setting out the amount due under the judgment.
“(2) Where a copy of a judgment and statutory declaration are served on a Paying Officer, the Paying Officer must, as soon as practicable, notify the member or staff member against whom the judgment was given, in writing, of the service of those documents and require the member or staff member to state, in writing, within a specified time:
(a) whether the judgment has been satisfied and, if so, the evidence of the fact; or
(b) the amount then due under the judgment.
“(3) Subject to subregulation (14), if a member or staff member fails within that specified time to satisfy the Paying Officer that the judgment debt has been satisfied, the Paying Officer must deduct in respect of each
pay-day from the salary payable to the member or staff member on that pay-day;
(a) an amount equal to the normal deduction in respect of the member or staff member and the pay-day; or
(b) a lesser amount that is, in the opinion of the Paying Officer, sufficient to satisfy the balance of the judgment debt.
“(4) An administration fee of $35 is payable to the Commonwealth by a judgment creditor in respect of each deduction that is made in relation to the judgment debt.
“(5) Subject to subregulation (6), the Paying Officer must cause the amount deducted in respect of a judgment debt to be paid to the judgment creditor.
“(6) Where an amount is deducted in respect of a judgment debt under subregulation (3) and the whole or part of the administration fee payable in relation to the debt has not been paid, the Paying Officer must:
(a) apply the amount of the deduction in payment of that fee; and
(b) pay the balance (if any) to the judgment creditor.
“(7) If an amount deducted in respect of a judgment debt is applied in payment of the administration fee:
(a) the judgment creditor is to be taken to have paid that amount to the Commonwealth in satisfaction, or partial satisfaction, as the case requires, of the administration fee; and
(b) an amount equal to that amount is to be taken to have been paid by the Commonwealth to the member or staff member concerned on account of salary payable to the member or staff member on that pay-day; and
(c) an amount equal to that amount is also to be taken to have been paid by the member or staff member to the judgment creditor in respect of the judgment debt.
“(8) If an amount is paid to a judgment creditor under subregulation (5) or (6):
(a) an amount equal to that amount is to be taken to have been paid by the Commonwealth to the member or staff member concerned on account of salary payable to the member or staff member on the pay-day; and
(b) an amount equal to that amount is also to be taken to have been paid by the member or staff member to the judgment creditor in respect of the judgment debt.
“(9) Where more than one judgment and statutory declaration are served on a Paying Officer in respect of the one member or staff member, the judgments shall be satisfied in the order in which copies of the judgments are served on the Paying Officer.
“(10) A person to whom any payment has been made under this regulation must notify the Paying Officer immediately a judgment debt in respect of which payment was made is satisfied.
Penalty: $100.
“(11) If any payment taken to have been made to a judgment creditor under paragraph (7) (c) or (8) (b) by a member or staff member in respect of a judgment debt exceeds the amount due under the judgment, the excess is repayable by the judgment creditor to the member or staff member, and, in default of payment, may be recovered by the member or staff member from the judgment creditor in any Court of competent jurisdiction.
“(12) If:
(a) an amount is taken to have been paid by a member or staff member to a judgment creditor in respect of a judgment debt under paragraph (7) (c) in relation to a deduction made from the salary becoming payable to the member or staff member on a pay-day; and
(b) an amount is also taken to have been paid by the member or staff member to the judgment creditor in respect of the judgment debt under paragraph (8) (b) in relation to that deduction;
then, for the purposes of subregulation (11), the second-mentioned payment is to be taken to have been made after the first-mentioned payment.
“(13) Where a member or staff member ceases to be employed in the Australian Federal Police:
(a) after a copy of a judgment given against the member or staff member has been served on the Paying Officer; and
(b) before the Paying Officer has been notified that the judgment debt has been satisfied;
then the Paying Officer must as soon as the member or staff member ceases to be employed in the Australian Federal Police tell the judgment creditor, in writing, that the member or staff member has ceased to be so employed and the date on which he or she ceased to be so employed.
“(14) Where a Paying Officer is satisfied that the deduction of the amount that would, but for this subregulation, be deducted from the salary of a member or staff member under this regulation would cause severe hardship to that member or staff member, the Paying Officer may deduct a lesser amount.
“(15) The previous provisions of this regulation do not apply in relation to any member or staff member whose estate the Paying Officer is satisfied has been sequestrated either voluntarily or compulsorily for the benefit of his or her creditors, and who has not yet obtained a certificate of discharge.
“(16) In this regulation, unless the contrary intention appears:
‘judgment creditor’ means a person in whose favour a judgment for a sum of money has been given:
‘net salary’ , in relation to a member or staff member and to a pay-day, means the amount of salary becoming payable by the Commonwealth to the member or staff member on the pay-day after deduction from that salary of:(a) any sum deducted from that salary under Division 2 of Part VI of the
Income Tax Assessment Act 1936 ;(b) any sum deducted from that salary under Part IV of the
Superannuation Act 1976 ; and(c) any other sum deducted from that salary for a prescribed purpose;
‘normal deduction’ ,in relation to a member or staff member and to a pay-day, means an amount equal to 20% of the net salary of the member or staff member in respect of that pay-day or a greater amount that the member or staff member has specified in writing to the Paying Officer as the appropriate deduction for the purposes of this regulation;
‘pay-day’ means a day on which salary becomes payable to a member or staff member;
‘Paying Officer’ means the member or staff member whom the Commissioner appoints as Paying Officer for the purposes of this regulation;
‘salary’ , in relation to a member or staff member, means:(a) any money payable by the Commonwealth to the member or staff member by way of salary or wages; and
(b) any money payable by the Commonwealth to the member or staff member by way of an allowance;
other than any money payable to the member or staff member by way of a weekly payment of compensation under the
Commonwealth Employees’ Rehabilitation and Compensation Act 1988 .”.
(2) In this regulation:
“amending Act” means theAustralian Federal Police Legislation Amendment (No. 2) Act 1989 ;
“commencing day” has the same meaning as in Part 2 of the amending Act.
SCHEDULE 1 Regulation 19
FORMS
FORM 4 Subregulations 13a (1) and (2)
OATH OF SECRECY
BY STAFF MEMBER
I, , swear that I will observe secrecy in relation to the matters coming to my knowledge in the course of my service as a staff member of the AustralianFederal Police.
So help me God!
FORM 5 Subregulations 13a (1) and (2)
AFFIRMATION OF SECRECY
BY STAFF MEMBER
I, , solemnly and sincerely affirm and declare that I will observe secrecy in relation to the matters coming to my knowledge in the course of my service as a staff member of the Australian Federal Police.
SCHEDULE 2 Regulation 20
MINOR AMENDMENTS
Position | How amended |
Regulation 6.............................................. | Add at the end “and staff members”. |
Regulation 10............................................ | Omit “each rank—”, substitute “each rank of members and each level of staff members:”. |
Subregulation 14 (1).................................. | After “member” insert “or staff member”. |
Subregulation 14 (2a)................................ | Add at the end “or staff member”. |
Paragraph 14 (3) (a)................................... | Omit “as a member”. |
Subregulations 14 (5) and (6)..................... | After “member” insert “or staff member”. |
Regulation 14a.......................................... | After “member” (wherever occurring) insert “or staff member”. |
Regulation 14l.......................................... | Omit “promotion.”, substitute “promotion or a direction to perform higher duties,”. |
Paragraph 15 (2) (a)................................... | After “rank” insert “or level (if applicable)” |
Subregulation 21 (3).................................. | Omit “(1) (a) shall”, substitute “(1) (a) or (2a) (a) is to”. |
Subregulation 21 (4).................................. | Omit “(2) (a) shall”, substitute “(2) (a) or (2b) (a) is to”. |
Subregulation 24a (1)................................ | (a) After “member” insert “or staff member”; |
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Subregulation 24a (2)................................ | Omit “the promotion of a member to a position within a rank”, substitute “a promotion mentioned in subregulation (1)”. |
Paragraph 26 (2) (b)................................... | Omit “and rank”, substitute “and, where applicable, rank”. |
Regulation 31............................................ | Omit “position within a prescribed rank” substitute “prescribed position”. |
Subregulation 32 (1) and (2)....................... | Omit “position within a prescribed rank”, substitute “prescribed position”. |
Paragraph 34 (1) (b)................................... | After “rank” insert “or level”. |
Subregulation 40a (1)................................ | After “member” insert “or staff member”. |
Subregulation 40a (2)................................ | After “member” (twice occurring) insert “or staff member”. |
Subregulation 40a (3)................................ | After “notice” insert “by a member”. |
Subregulation 43 (1).................................. | After “member” (twice occurring) insert “or staff member”. |
Subregulation 45 (2).................................. | (a) After “a member” insert “or staff member”: |
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1.
Notified in the
2. Statutory Rules 1979 No. 210 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1989 No. 1 andsee also Statutory Rules 1989 Nos. 1, 139, 343 and 344
Printed by Authority by the Commonwealth Government Printer
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