Australian Federal Police Regulations (Amendment) (Cth)

Statutory Rules 1989

No. 3621

Australian Federal Police 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 14 December 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Michael Tate

Minister of State for Justice

Commencement

1. Regulations 5, 9, 10, 11, 12, 13, 14, 15 and 18 commence on the commencement of section 6 of the Australian Federal Police Legislation Amendment Act (No. 2) 1989.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Australian Federal Police Regulations.

Interpretation

3. Regulation 2 of the Principal Regulations is amended:

(a) by inserting the following definition:

“Appeal Committee” means:

(a) an Appeal Committee within the meaning of Part V of the Act; or

(S.R. 398/89) Cat. No. 14/4.12.1989

 

(b) a Promotion Appeal Committee established in accordance with Subdivision B of Division 2 of Part II of the Merit Protection Act, being that Subdivision as modified in its application to members by regulations made under section 85 of that Act;”;

(b) by omitting the definition of “Review Committee”.

Heading to Part IIa and Division 2

4. The Principal Regulations are amended by omitting:

“PART IIa—THE APPEALS BOARD

“Division 2—Proceedings before the Board”;

and substituting:

“PART 2a—APPEALS”.

5. The Principal Regulations are amended by inserting in Part 2a before regulation 14k the following regulation:

Interpretation

“14j. In regulations 14k, 14p and 14r, “appeal” means:

(a) an appeal under section 38e of the Act; or

(b) an appeal under regulation 18c; or

(c) an appeal under regulation 26.”.

Parties to an appeal

6. Regulation 14k of the Principal Regulations is amended by omitting paragraphs (c) and (d) and substituting the following word and paragraph:

“and (c) if the appeal is against a promotion—the person promoted.”.

7. Regulation 14l of the Principal Regulations is repealed and the following regulation substituted:

Consolidation of appeals

“14l. Where 2 or more persons have appealed against a promotion, the Appeal Committee may consolidate the appeals if it is satisfied that the consolidation:

(a) will expedite the hearing and determination of the appeals; and

(b) will not prejudice any party.”.

Hearings by Appeal Committee

8. Regulation 14n of the Principal Regulations is amended:

(a) by omitting subregulation (2) and inserting the following subregulations:

“(1) In this regulation, ‘appeal’ means an appeal under section 38e of the Act.

“(2) The Appeal Committee that is hearing, or is to hear, an appeal must fix a date for the hearing of an appeal that is a date not earlier than:

(a) the end of the period for lodging the appeal; or

(b) the day on which the statement and other material are given to the appellant in accordance with subregulation 34c (4);

whichever is later.”;

(b) by omitting from subregulation (7) “under section 38f of the Act”.

Vacant positions

9. Regulation 15 of the Principal Regulations is amended:

(a) by omitting subregulation (1) and substituting the following subregulations:

“(1) Subject to subregulation (3), the Commissioner must advertise a vacancy or expected vacancy in a position in the Police Gazette.

“(1a) The Commissioner may advertise the vacancy or expected vacancy in such other publications as he or she thinks fit.”;

(b) by omitting paragraph (3) (c) and substituting the following paragraphs:

“(c) intends to re-appoint to the position the person currently occupying it; or

(d) intends to transfer to the position a person holding a position at the same rank or level.”.

Selection committees

10. Regulation 15a of the Principal Regulations is amended:

(a) by omitting subregulation (1) and substituting the following subregulation:

“(1) The Commissioner may form a selection committee to recommend the most efficient applicant for a vacancy or expected vacancy that has been advertised in accordance with subregulation 15 (1).”;

(b) by omitting subregulation (3) and substituting the following subregulation:

“(3) A selection committee must comprise at least one person of the same sex as any applicant.”;

(c) by omitting subregulation (9) and substituting the following subregulation:

“(9) In deciding the relative efficiency of applicants, the selection committee must apply the selection criteria, having regard to:

(a) each application; and

(b) the performance at interview of each applicant whom the committee interviews; and

(c) any statements and comments by each applicant’s referees; and

(d) any other relevant information.”.

Repeal of regulations 15c and 18

11. Regulations 15c and 18 of the Principal Regulations are repealed.

Amendment of heading to Division 2 of Part III

12. The heading to Division 2 of Part III of the Principal Regulations is amended by omitting “relating to promotion”.

13. Regulation 20 of the Principal Regulations is repealed and the following regulation substituted:

Notification in Police Gazette

“20. (1) A promotion or transfer of a person under Division 2 of Part IV of the Act to a position must be notified in the Police Gazette.

“(2) The notification must state:

(a) the person’s name; and

(b) the position; and

(c) the rank or level of the position; and

(d) in the case of a promotion, whether it is subject to appeal; and

(e) where applicable, the person’s existing rank or level.

“(3) The notification may specify a day of effect.”.

Cancellation of promotion

14. Regulation 22 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:

“(1) A person may apply in writing to the Commissioner for cancellation of the person’s promotions.”.

15. Regulation 24 of the Principal Regulations is repealed and the following regulation substituted:

Procedure where appointee does not take up position

“24. Where:

(a) a vacancy or expected vacancy for a position is advertised in the Police Gazette under regulation 15; and

(b) the appointee does not take up the position;

the Commissioner may within 9 months of the day of the advertisement select another applicant for the position.”.

16. Part IIIa of the Principal Regulations is repealed and the following Part substituted:

“PART 3a—APPEALS IN RESPECT OF REDEPLOYMENT OR RETIREMENT

Notice of appeal

“34. (1) A notice of appeal under subsection 38e (1) of the Act must specify:

(a) the name of the appellant; and

(b) the rank of the appellant; and

(c) the particulars of the action of the Commissioner that is the subject of the appeal; and

(d) the grounds of the appeal; and

(e) any failure by the Commissioner before giving a notice under subsection 38a (1) of the Act to take the steps specified in subsection 38a (2) of the Act.

“(2) A notice of appeal must be lodged with the Agency.

“(3) An appellant may lodge with the notice of appeal any statement or other material relating to the appeal.

Prescribed period for appeals

“34a. For the purposes of subsection 38e (1) of the Act, the period of 14 days is prescribed.

Agency to notify Commissioner of appeals

“34b. The Agency must give the Commissioner a copy of a notice of appeal lodged under subsection 38e (1) within 21 days of lodgment of the notice.

Documents furnished by Commissioner

“34c. (1) The Commissioner must lodge with the Agency, within 14 days of receiving a copy of a notice mentioned in regulation 34b:

(a) 5 copies of the notice under section 38a or 38b of the Act that is the subject of the appeal; and

(b) subject to subregulation (2):

(i) the Commissioner’s statement in respect of the appeal; and

(ii) any material that, in the Commissioner’s opinion, should be considered by the Appeal Committee.

“(2) The Commissioner must exclude from the documents lodged under paragraph (1) (b) any material containing information of a kind referred to in subsection 38e (4) of the Act.

“(3) Where the Commissioner excludes material in accordance with subregulation (2), the Commissioner must lodge with the Agency, within the period specified in subregulation (1), a statement that:

(a) sets out the excluded material; and

(b) states that the material has been excluded in accordance with subregulation (2) from material lodged under subregulation (1).

“(4) The Agency must give the appellant a copy of the statement and any material lodged under paragraph (1) (b) within 21 days of lodgment.

“(5) Where a statement is lodged under subregulation (3) the Agency must, within 21 days of lodgment, give the appellant a notice:

(a) stating that information has been excluded from the copy of the statement in accordance with that subregulation:

(b) giving the reason why the information was so excluded from the copy of the statement; and

(c) telling the appellant that if the appellant nominates to the Agency a registered medical practitioner for the purposes of this subregulation, the information will be given to that medical practitioner;

and, if the appellant nominates a medical practitioner in accordance with paragraph (c), must immediately forward the information to the medical practitioner.”.

Minor amendments

17. The Principal Regulations are amended in accordance with Schedule 1.

Further amendments

18. The Principal Regulations are further amended in accordance with Schedule 2.

Transitional

19. (1) In spite of anything in these Regulations, the Principal Regulations, as amended by regulations 3, 4, 6, 7, 8, 16 and 17, continue to apply to a member during any period that the Act as in force immediately before the commencing day continues to apply to the member by force of section 55 of the amending Act.

(2) In this regulation:

“amending Act” means the Australian 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 17

MINOR AMENDMENTS

PART 1

The following provisions are amended by omitting “Review” (wherever occurring) and substituting “Appeal”:

Regulations 14k and 14m, subregulations 14n (3), (5), (6), (7) and (8), 14p (1) and (3), 14q (1), (2) and (3), 14r (1) and (2), 26 (1) and (3), heading to regulations 14n and 31, regulations 27 and 31, subregulation 32 (1).

PART 2

Subregulations 14q (2) and (3) Omit “38f”, substitute “38e”.

SCHEDULE 2 Regulation 18

FURTHER AMENDMENTS

Provision	How amended
Subregulation 15(2).............................................	Omit “promotion to”.
Subregulation 15 (4).............................................	Omit “member”, substitute “person”.
Subregulation 15b (2)...........................................	Insert “relevant” before “association” (twice occurring).
Paragraph 15b (4) (c)...........................................	Insert “relevant” before “association”.
Subparagraph 15b (2) (a) (i)..................................	Omit “member for promotion”, substitute “person for appointment”.
Subparagraph 15b (2) (a) (iii)................................	(a) Omit “members”, substitute “persons”;
(b) Omit “promotion”, substitute “appointment”.
Subregulation 15b (8)...........................................	(a) Omit “member is promoted”, substitute “person is appointed”;
(b) Omit “promotion”, substitute “appointment”.
Subregulation 15b (9)...........................................	Omit “a promotion”, substitute “an appointment”,
Regulation 19—...................................................	Omit “promotion” (wherever occurring), substitute “appointment, promotion or transfer”.
definitions of “notification” and “relevant day”
Subregulation 21 (1).............................................	After “promotion” insert “or transfer”.
Subregulation 21 (2).............................................	After “promotion” insert “or transfer”.
Subregulations 26 (1), (2) and (3)..........................	Omit “member” (wherever occurring), substitute “person”.
Regulation 27......................................................	Omit “member” (wherever occurring), substitute “person”.
Regulation 31......................................................	Omit “member”, substitute “person”.
Subregulations 32 (1), (2) and (3)..........................	Omit “member” (wherever occurring), substitute “person”.
Subregulation 34 (1).............................................	Omit paragraph (e).
Paragraph 34c (1) (a)...........................................	Omit “38a or”.

NOTES

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

2. Statutory Rules 1979 No. 210 as amended to date. For previous amendments see Note 2 to Statutory Rules 1989 No. 1 and see also Statutory Rules 1989 Nos. 1, 139 and .

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