Australian Federal Police Regulations (Amendment) (Cth)

Statutory

Rules1992No. 1

__________________

Australian Federal Police Regulations 2(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Federal Police Act 1979.

 

Dated

 1992.

 Governor-General

 By His Excellency’s Command,

Minister of State for Justice and Consumer Affairs

____________

1.   Amendment

1.1   The Australian Federal Police Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48]

2.   Part I (Heading)

2.1   Omit “I”, substitute “1”.

3.   Regulation 2 (Interpretation)

3.1   Regulation 2 (definition of “commissioned officer”):

Omit “6 (c)”, substitute “6 (2) (c) or (d)”.

3.2   Regulation 2 (definition of “non-commissioned officer”):

Omit “6 (c)”, substitute “6 (2) (e)”.

4.   Part II (Heading)

4.1   Omit the heading, substitute:

“PART 2—APPOINTMENT AND SERVICE

OF MEMBERS AND STAFF MEMBERS”.

5.   Regulation 13 (Oaths and affirmations)

5.1   Subregulation 13 (1):

After “(2),”, insert “(2A),”.

6.   Regulation 14 (Appointment on probation)

6.1   Subregulations 14 (2) and (2AA):

Omit the subregulations, substitute:

“(2)

Subject to subregulation (2AA), the appointment of a member or staff member is an appointment on probation for a period of 12 months.

 “(2AA) The Commissioner may reduce or waive the period of probation in a particular case.”.

6.2   Paragraph 14 (3) (b):

Omit the paragraph, substitute:

 “(b) extend the period of probation of the person for a period  not exceeding 12 months.”.

7.   Regulation 14B (Appointment of certain members on probation)

7.1   Omit the regulation, substitute:

Salary rate for certain appointments on probation

 “14B. The salary rate that applies to a person appointed on probation: 

(a)

to a position within the rank of constable, sergeant or  superintendent; or

(b)

to a position of staff member at any level;

is the rate that the Commissioner considers appropriate having regard to the person’s experience, qualifications and training, and to any factors that are relevant to the duties of the position.”.

8.   Regulation 14J (Interpretation)

8.1   Paragraph 14J (c):

After “regulation”, insert “25CA, 25CB or”.

9.   Regulation 14N (Hearings by Appeal Committee)

9.1   Subregulations 14N (1), (2) and (3):

Omit the subregulations, substitute:

“(1)

This regulation applies to appeals of the following kinds:

• (a)

  an appeal by a staff member under regulation 18C (against a direction to act); and

• (b)

  an appeal under Division 2A of Part 3 (against a promotion); and

• (c)

  an appeal under section 38E of the Act (against retirement).

“(2)

The Appeal Committee that is to hear an appeal must fix a date for the hearing of the appeal that is a date not earlier than:

• (a)

  in the case of an appeal under section 38E of the Act—the day on which the Agency gives a statement and any requisite material to the appellant in accordance with subregulation 34C (4); or

• (b)

  in that case or any other case—the latest day for lodging the notice of appeal.

• “(3)

  The Appeal Committee must hear and decide an appeal:

• (a)

  within 2 months of the earliest date that may be fixed under subregulation (2) for the hearing of an appeal; or

• (b)

  if the Committee is unable, for good reason, to comply with paragraph (a)—by the earliest practicable date.”.

9.2   Subregulations 14N (6) and (7):

Omit “(as the case may be)”.

10.   Regulation 14Q (Public and private hearings)

10.1   Subregulation 14Q (1):

Omit the subregulation, substitute:

“(1)

The Appeal Committee must hold its hearings in private unless subregulation (2) applies.”.

11.   Part 3 (Heading)

11.1   Omit “APPOINTMENTS,”, substitute “PROCEDURES FOR APPOINTMENTS,”.

12.   Regulation 15B (Joint selection committees)

12.1   Subregulation 15B (1):

Omit “relevant”.

12.2   Subregulation 15B (1A):

Omit the subregulation.

12.3   Subregulation 15B (2):

Omit “relevant”.

12.4   Subparagraph 15B (2) (a) (ii):

Omit “relevant”.

12.5   Subparagraph 15B (2) (a) (iii):

Omit the subparagraph, substitute:

“(iii)

that persons who satisfy the requirements of:

 (A) paragraphs 5 (1) (e) and (f); or

 (B) paragraphs 5 (3) (e) and (f);

 in relation to the position may apply to the Commissioner for appointment to the position; and”.

12.6   Subregulation 15B (4):

Omit “relevant”.

12.7   Subregulation 15B (8):

After “regulation”, insert “25CA, 25CB or”.

13.   Regulation 18 (Interpretation)

13.1   Omit the regulation.

13.2  Before regulation 18A, insert in Division 1B of Part 3:

Interpretation

“18.

In this Division, unless the contrary intention appears:

‘non-appellable promotion’ has the same meaning as in section 36B of the Act;

‘direction’ means a direction under subregulation 18A (2);

‘notified’, in relation to a direction, means notified in accordance with subregulation 18B (2);

‘specified’, in relation to a direction, means specified in that direction.”.

14.   Regulation 18A (Directions to act)

14.1   Subregulation 18A (2):

Omit “the whole, or a specified part, of”.

14.2   Subregulation 18A (7):

Omit the subregulation.

15.   Regulation 18C (Appeals against selection of staff members for directions to act)

15.1   Subregulations 18C (1) and (2):

Omit the subregulations, substitute:

“(1)

This regulation applies if a direction to which subregulation 18B (2) applies has been given.

“(2)

Subject to subregulation (3), a staff member may appeal to an Appeal Committee established under the Merit Protection Act against the direction by lodging a notice of appeal in accordance with subregulation (5).”.

15.2   Subregulation 18C (4):

Omit the subregulation, substitute:

“(4)

The Appeal Committee must decide which person, namely the staff member who has been directed to act in a position or the appellant or one of the appellants, is better or best suited to perform the duties of the position.”.

15.3   Subregulation 18C (5):

Omit the subregulation, substitute:

“(5)

A notice of appeal, addressed to the Agency, must be lodged at the relevant address before the relevant time on the 14th day after the direction is notified in accordance with subregulation 18B (3).”.

15.4   Subregulation 18C (6):

Omit “(6):”, substitute “(5):”.

15.5   Subregulation 18C (7):

Omit “(7):”, substitute “(6):”.

16.   Regulation 19 (Interpretation)

16.1   Definition of “notification”:

After “member”, insert “or staff member”.

16.2   Definition of “relevant day”:

Omit the definition, substitute:

“‘relevant day’ means the day that occurs:

• (a)

  in the case of a promotion to a position within the rank of sergeant or to a position at level 2 or 3—14 days after the day of notification; or

• (b)

  in the case of a promotion to any other position—7 days after the day of notification.”.

16.3   Add at the end:

“(2)

For the purposes of this Division, an appointment in respect of which a person may appeal under subregulation 25CA (1) or 25CB (1) is taken to be a promotion.”.

17.   Regulation 20 (Notification in Police Gazette)

17.1   Subregulation 20 (1):

Omit “A promotion”, substitute “An appointment, promotion”.

18.   Regulation 22 (Cancellation of promotion)

18.1   Subregulation 22 (1):

Omit “promotions.”, substitute “promotion.”.

19.   Regulation 23 (Concurrent promotion)

19.1   Subregulation 23 (1):

After “member”, insert “or staff member”.

19.2   Subregulations 23 (2) and (3):

Omit “member” (twice occurring), substitute “person”.

19.3   Paragraphs 23 (3) (a), (b) and (c):

After “sergeant”, insert “or at level 2 or 3”.

19.4   Paragraphs 23 (3) (b) and (c):

Omit “26,”, substitute “25CA, 25CB or 26,”.

19.5   Paragraph 23 (4) (a):

Omit “member”, substitute “person”.

20.   Regulation 24A (Entitlement to payment of salary on promotion)

20.1   Subregulation 24A (2):

After “regulation”, insert “25CA, 25CB or ”.

20.2   Subregulation 24A (2):

Omit “under subregulation 26 (4).”, substitute “because of subregulation 25CC (2) or 26 (4).”.

21.   Regulation 25A (Interpretation)

21.1   Add at the end:

“(2)

For the purposes of this Division, an appointment in respect of which a person may appeal under subregulation 25CA (1) or 25CB (1) is taken to be a promotion.”.

22.   New regulations 25CA, 25CB and 25CC

22.1   After regulation 25C, insert:

Appeal by member against appointment or promotion of staff member in certain circumstances

 “25CA. (1)  A member may appeal against the appointment of a staff member to a position of member within the rank of sergeant if:

• (a)

  the appointment was made after publication of a joint advertisement for that position and a position of staff member at level 3; and

   (b) the position of staff member at level 3 is not filled; and

 (c) the member was an applicant for at least 1 of the advertised positions.

“(2)

A member may appeal against the promotion of a staff member to a position of staff member at level 3, if:

 (a) the promotion was made after publication of a joint advertisement for that position and a position of member within the rank of sergeant; and

 (b) the position of member within the rank of sergeant is not filled; and

 (c) the member was an applicant for at least 1 of the advertised positions.

“(3)

This regulation applies subject to regulation 25CC.

Appeal by staff member against appointment or promotion of member in certain circumstances

 “25CB. (1)  A staff member may appeal against the appointment of a member to a position of staff member at level 3, if:

• (a)

  the appointment was made after publication of a joint advertisement for that position and a position of member within the rank of sergeant; and

 (b) the position of member within the rank of sergeant is not filled; and

 (c) the staff member was an applicant for at least 1 of the advertised positions.

“(2)

A staff member may appeal against the promotion of a member to a position of member within the rank of sergeant if:

 (a) the promotion was made after publication of a joint advertisement for that position and a position of staff member at level 3; and

 (b) the position of staff member at level 3 is not filled; and

 (c) the staff member was an applicant for at least 1 of the advertised positions.

“(3)

This regulation applies subject to regulation 25CC.

Appeal under regulation 25CA or25CB—further provisions

 “25CC. (1) A member or staff member who appeals under regulation 25CA or 25CB against a promotion or appointment must give a notice of appeal to the Agency against the decision of the Commissioner to make the promotion or appointment.

“(2)

Subregulations 26 (2), (3) and (4) apply to a notice of appeal given under subregulation (1), and for the purposes of subregulation 26 (4) a notice of that kind is taken to be given in accordance with regulation 26 if it complies with subregulations 26 (2) and (3).”.

23.   Regulation 26 (Appeal against promotion)

23.1   Subregulation 26 (1):

Omit the subregulation, substitute:

“(1)

Subject to these Regulations, a person who applied under subregulation 15 (2) for promotion to a position within a prescribed rank or level may appeal against the promotion of another person to the position.

 “(1A) A person who appeals under subregulation (1) against a promotion must give a notice of appeal to the Agency against the decision of the Commissioner to make the promotion.”.

23.2   Paragraph 26 (2) (a):

Omit “writing;”, substitute “writing addressed to the Agency; and”.

24.   Regulation 27 (Notification of appeal)

24.1   After “regulation”, insert “25CA, 25CB or”.

24.2   Omit “a position”, substitute “a prescribed position or a position referred to in regulation 25CA or 25CB”.

25.   Regulation 31 (Power of Appeal Committee)

25.1   After “determining an appeal”, insert “under regulation 25CA or 25CB, or an appeal”.

26.   Regulation 32 (Determination of appeal)

26.1   Subregulation 32 (1):

After “on an appeal to the Appeal Committee”, insert “under regulation 25CA or 25CB, or”.

26.2   Paragraph 32 (2) (a):

Omit “prescribed”.

27.   Regulation 33A (Non-appellable promotions—prescribed ranks)

27.1   Omit the regulation, substitute:

Non-appellable promotions—prescribed ranks and levels

 “33A. (1)  For the purposes of:

• (a)

  the definition of ‘non-appellable promotion’ in subsection 36B (11) of the Act; and

(b)

subsection 36C (1) of the Act;

each of the following ranks is prescribed:

(c)

Assistant Commissioner;

(d)

Commander;

(e)

Superintendent.

“(2)

For the purposes of the provisions referred to in paragraphs (1) (a) and (b), each of the following levels is prescribed:

(a)

level 6;

(b)

level 5;

(c)

level 4.”.

28.   Part 3A (Heading)

28.1   Omit “REDEPLOYMENT OR”.

29.   Part IV (Heading)

29.1   Omit “IV”, substitute “4”.

30.   Regulation 37 (Prescribed forms: paragraph 12G (8) (b) of the Act)

30.1   Paragraph 37 (a):

Omit “Form 4”, substitute “Form 6”.

30.2   Paragraph 37 (b):

Omit “Form 5”, substitute “Form 7”.

31.   Part V (Heading)

31.1   Omit “V”, substitute “5”.

32.   Regulation 39AA (Prescribed organisation for the purposes of section 34 (1) of the Act)

32.1   Omit the regulation, substitute:

Prescribed institutions, etc: paragraph 34 (1) (b) of the Act

 “39AA. For the purposes of paragraph 34 (1) (b) of the Act, the following institutions, organisations or bodies are prescribed:

(a)

the Association;

(b)

Price Waterhouse and Associates;

(c)

Price Waterhouse Urwick Management Consultants;

(d)

the United Nations.

Approved program: paragraph 36A (4) (b) of the Act

“39AB. The Intellectual Disibility Access Program is declared to be an approved program for the purposes of paragraph 36A (4) (b) of the Act.”.

33.   Regulation 40A (Voluntary retirement)

33.1   Subregulation 40A (3):

After “member”, insert “or staff member”.

34.   Regulation 41 (Resignation by prospective candidate at an election)

34.1   Subregulation 41 (1):

Omit “Where a member proposes”, substitute “If a member or staff member intends”.

34.2   Subregulation 41 (1):

Omit “the member shall—”, substitute “the member or staff member must:”.

34.3   Paragraph 41 (1) (a):

After “his”, insert “or her”.

34.4   Paragraph 41 (1) (b):

Omit “he proposes”, substitute “the member or staff member intends”.

34.5   Subregulation 41 (2):

After “member”, insert “or staff member”.

35.   Regulation 42 (Re-appointment of person who resigned from the Australian Federal Police to become a candidate at an election)

35.1   Subregulation 42 (1):

Omit “25 or 26”, substitute “25, 26 or 26B”.

35.2   Subregulation 42 (1):

After “rank”, insert “or level”.

35.3  Subregulations 42 (1) and (3):

After “he” (wherever occurring), insert “or she”.

35.4  Subregulations 42 (1) and (3):

After “him” and “his” (wherever occurring), insert “or her”.

35.5   Subregulations 42 (1), (3) and (4):

After “member” (wherever occurring), insert “or staff member”.

35.6   Paragraph 42 (3) (a):

Omit “Tribunal or of an agreement made by the Minister with an association under section 31 of the Act,”, substitute “Commisioner under subsection 30 (1) of the Act or a decision or determination of the Industrial Relations Commission under the Industrial Relations Act 1988,”.

35.7   Subregulation 42 (5):

Omit the subregulation.

36.   Regulation 43 (Return of property, &c.)

36.1   Subregulation 43 (4) (definition of “prescribed property”):

Omit “member,”, substitute “member or staff member,”.

36.2   Subregulation 43 (4) (paragraph (c) of the definition of “prescribed property”):

Omit “members,”, substitute “members or staff members;”.

37.   Regulation 43A (Delegation by Minister)

37.1   Omit the regulation.

38.   Regulation 44 (Delegation by Commissioner)

38.1   Subregulation 44 (1):

After “member”, insert “or staff member”.

39.   Regulation 45 (Transfer of unclaimed property)

39.1   Subregulation 45 (3):

After “member”, insert “or staff member”.

39.2   Subregulation 45 (3):

Omit “the member’s”, substitute “his or her”.

40.   Regulation 49 (Attachment of salaries)

40.1   Subregulation 49 (16) (definition of “net salary”):

After paragraph (b) of the definition, insert:

• “(ba)

  any sum deducted from that salary under Part 4 of the Superannuation Act 1990; and”.

41.   Schedule 4 (Forms)

41.1   Form 4 (second occurring):

Omit “FORM 4”, substitute “FORM 6”.

41.2   Form 5 (second occurring):

Omit “FORM 5”, substitute “FORM 7”.

42.   Schedule 6 (Fees)

42.1   Item 24:

Omit “in response to a malfunctioning burglar alarm”, substitute “if no evidence of intrusion is found”.

43.   Schedule 7 (Part 2—Fees)

43.1   Item 20:

Omit “in response to a malfunctioning burglar alarm”, substitute “if no evidence of intrusion is found”.

NOTES

1. Notified in the Commonwealth of AustraliaGazette on 24 September 1992.

 

2. Statutory Rules 1979 No. 210 as amended by 1980 No. 140; 1981 Nos. 161 and 192; 1982 Nos. 199 and 282; 1983 No. 158; 1984 Nos. 164 and 296 as amended by 1985 No. 82; 1984 No. 297; 1985 No. 293; 1986 No. 299; 1987 No. 14; 1988 Nos. 83, 84 and 363; 1989 Nos. 1, 139, 343, 344, 361 and 362; 1990 Nos. 23, 87, 273 and 409.