Australian Federal Police Regulations (Amendment) (Cth)

Statutory Rules 1984 No. 2971

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Australian Federal Police Regulations2

(Amendment)

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

Dated 18 October 1984

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

(sgd) M. J. Young

Special Minister of State

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Principal Regulations

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

Oaths and affirmations

2. Regulation 13 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) “sub-section 28 (2)” and substituting “sub-sections 28 (2), (3) and (4)”; and

 

S.R. 306/84—Cat. No. Recommended retail price 60c  10/15.10.1984

(b) by omitting sub-regulations (2) and (3) and substituting the following sub-regulation:

“(2) Where a person is required under sub-section 28 (3) or (4) of the Act to make and subscribe the oath prescribed, or the affirmation prescribed, for the purposes of that sub-section, the person shall make and subscribe that oath or affirmation—

(a) if the person has been appointed to be a commissioned officer or a non-commissioned officer—before the person commences to exercise the powers or perform the duties of the position to which the person has been appointed; or

(b) if the person has been appointed under section 27 of the Act to assist in the performance of the functions of the Australian Federal Police—before the person commences to exercise the powers, or perform the duties, specified in his or her instrument of appointment.”.

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 Regulation 15 of the Principal Regulations is repealed and the following regulation substituted:

Notification of, and application for promotion to, vacant position

“15. (1) Where a position within a commissioned rank other than the rank of Inspector becomes vacant or is expected to become vacant, the Commissioner shall cause to be published in the Police Gazette a notice inviting commissioned officers who satisfy the requirements of paragraph 5 (2) (b), (c), or (d), as the case requires, and the requirements of paragraph 5 (2) (f) to apply for promotion to the position.

“(2) Where—

(a) a position within a non-commissioned rank other than the rank of Constable; or

(b) a position within the rank of Inspector,

becomes vacant or is expected to become vacant, the Commissioner shall cause to be published in the Police Gazette a notice inviting non-commissioned officers who satisfy the requirements of paragraph 5 (2) (f) and, in the case of a vacancy in a position within the rank of Inspector, the requirements of paragraph 5 (2) (a) to apply for promotion to the position.

“(3) An application for promotion to a position to which a notice under sub-regulation (1) or (2) refers—

(a) shall be in writing; and

(b) shall be delivered by hand or sent by pre-paid post so as to reach the address specified in the notice within 21 days after the day on which the notice was published in the Police Gazette.”.

Selection of applicant for promotion

4. Regulation 16 of the Principal Regulations is amended—

(a) by omitting “vacancy in a rank” and substituting “position within a rank”;

(b) by omitting from paragraph (a) “vacancy” and substituting “position”; and

(c) by omitting from paragraph (b) “vacancy” and substituting “position”.

Selection to be notified in Police Gazette in certain cases

5. Regulation 17 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) “vacancy in a rank under regulation 16” and substituting “position within a rank referred to in regulation 25b”;

(b) by omitting from paragraph (2) (a) “and” (last occurring);

(c) by omitting from paragraph (2) (b) “rank” and substituting “position”; and

(d) by adding at the end of sub-regulation (2) the following word and paragraph:

“; and (c) the rank relevant to that position”.

6. After regulation 25 of the Principal Regulations the following heading and regulations are inserted:

“Division 2a—Appeals against Promotion

Interpretation

“25a. In this Division, ‘prescribed rank’ means a rank referred to in regulation 25b.

Prescribed ranks for purposes of paragraph 40 (c) of the Act

“25b. For the purposes of paragraph 40 (c) of the Act, each of the following ranks is prescribed:

(a) the rank of Sergeant;

(b) the rank of Senior Sergeant;

(c) the rank of Station Sergeant;

(d) the rank of Inspector;

(e) the rank of Chief Inspector.

Member selected for promotion to prescribed rank to submit statement, &c., to Board

“25c. Where the Commissioner makes a decision to select a member for promotion to a position within a prescribed rank, the member shall—

(a) within the period of 21 days from the day of the notification in the Police Gazette of the decision of the Commissioner; or

(b) if the Chairman has, in relation to that decision of the Commissioner, determined that the period referred to in paragraph (a) should be extended—within that period as extended by the Chairman,

submit to the Board, by lodging with the Secretary to the Board—

(c) any written statement that the member wishes to make stating the facts that the member would, in the event that an appeal is made from the decision of the Commissioner, wish the Board to take into consideration in deciding the appeal; and

(d) any documents that, in his opinion, would, in that event, be relevant to the appeal.”,

Appeal against selection for promotion

7. Regulation 26 of the Principal Regulations is amended—

(a) by omitting sub-regulation (1) and substituting the following sub-regulation:

“(1) A member who—

(a) submitted an application for promotion to a position within a prescribed rank under sub-regulation 15 (1) or (2); and

(b) having regard to the provisions of section 36 of the Act, considers that he has a better claim to promotion to that position than the member selected by the Commissioner for promotion to that position,

may, by giving notice of appeal in accordance with sub-regulation (2), appeal to the Board from the decision of the Commissioner to select that member for promotion to that position.”;

(b) by omitting from sub-regulation (2) “under this regulation” and substituting “in relation to a decision of the Commissioner to select a member for promotion to a position within a prescribed rank (in this sub-regulation referred to as the ‘relevant position’)”; and

(c) by omitting paragraph (2) (b) and substituting the following paragraph:

“(b) shall specify—

(i) the name and rank of the appellant;

(ii) the name and rank of the member selected for promotion; and

(iii) the relevant position,

and contain a statement to the effect that the appellant appeals from the decision of the Commissioner on the ground that, for the purpose of promotion to the relevant position, the appellant is more efficient than the member selected for promotion;”.

Powers of Board

8. Regulation 31 of the Principal Regulations is amended—

(a) by omitting “in relation to a proposed promotion to a rank” and substituting “from a decision of the Commissioner to select a member for promotion to a position within a prescribed rank”; and

(b) by omitting paragraph (a) and substituting the following paragraph:

“(a) shall have regard to the relative efficiency (within the meaning of section 36 of the Act), for the purpose of promotion to the position, of the parties (other than the Commissioner) to the appeal at the time of the decision of the Commissioner;”.

Determination of appeal by Board

9. Regulation 32 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) “rank” and substituting “position within a prescribed rank”;

(b) by omitting from paragraph (1) (a) “rank” (wherever occurring) and substituting “position”;

(c) by omitting from paragraph (1) (b) “rank” and substituting “position”;

(d) by omitting from paragraph (2) (a) “rank” and substituting “position within a prescribed rank”;

(e) by omitting from paragraph (2) (b) “rank” and substituting “position”; and

(f) by omitting from paragraph (2) (c) “rank” (wherever occurring) and substituting “position”.

Re-appointment of person who resigned from the Australian Federal Police to become a candidate at an election

10. Regulation 42 of the Principal Regulations is amended by omitting from sub-regulation (1) “the rank” and substituting “a position within the rank”.

Schedule 4

11. Schedule 4 to the Principal Regulations is amended—

(a) by omitting from Form 2 “Sub-regulations 13 (1) and (2)” and substituting “Sub-regulation 13 (1)”;

(b) by omitting from Form 3 “Sub-regulations 13 (1) and (2)” and substituting “Sub-regulation 13 (1)”; and

(c) by omitting Forms 4 and 5.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 October 1984.

2. Statutory Rules 1979 No. 210 as amended to date. For previous amendments see Note 2 to Statutory Rules 1984 No. 164 and see also Statutory Rules 1984 Nos. 164 and

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