Australian Federal Police Regulations (Amendment) (Cth)
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
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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(a) by omitting all words from and including “or a commissioned protective service officer” from the definition of “commissioned officer”;
S.R. 307/84––Cat. No. ––Recommended retail price 80c 10/15.10.1984
(b) by omitting all words from and including “or a non-commissioned protective service officer” from the definition of “non-commissioned officer”; and
(c) by omitting the definitions of “Examination Committee” and “prescribed promotion”.
“3. For the purposes of section 23 of the Act, each of the following non-commissioned ranks is prescribed:
(a) the rank of Constable;
(b) the rank of Sergeant;
(c) the rank of Senior Sergeant;
(d) the rank of Station Sergeant.
“4. For the purposes of section 23 of the Act, each of the following commissioned ranks is prescribed:
(a) the rank of Inspector;
(b) the rank of Chief Inspector;
(c) the rank of Superintendent;
(d) the rank of Chief Superintendent;
(e) the rank of Assistant Commissioner.”.
“5. (1) For the purposes of sub-section 26 (1) of the Act, a person is competent and qualified to hold the rank of Constable if the person—
(a) is an Australian citizen;
(b) except in the case of a person in respect of whom the Commissioner has made a determination under sub-regulation (3), has attained the age of 18 years but has not attained the age of 31 years;
(c) unless the Commissioner otherwise decides, is not less than—
(i) in the case of a male person—175 centimetres in height; or
(ii) in the case of a female person—160 centimetres in height;
(d) 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 persons holding that rank;
(e) is of good character and reputation and, where the person has at any time been—
(i) a member of the Defence Force, an existing Police Force, or the police force of a State or the Northern Territory; or
(ii) an officer or employee of the Australian Public Service or the public service of a State or the Northern Territory,
was of good conduct while he was such a member, officer or employee; and
(f) has passed, at such level as the Commissioner determines, such written or oral examinations or tests as the Commissioner determines, being examinations or tests 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 by a constable.
“(2) For the purposes of sub-sections 25 (1) and 26 (1) of the Act, a person is competent and qualified to hold a rank (in this sub-regulation referred to as the ‘relevant rank’) other than the rank of Constable if the person—
(a) where the relevant rank is the rank of Inspector—holds the rank of Senior Sergeant or Station Sergeant;
(b) where the relevant rank is the rank of Chief Inspector—holds the rank of Inspector;
(c) where the relevant rank is the rank of Superintendent—holds the rank of Chief Inspector;
(d) where the relevant rank is a rank above the rank of Superintendent—is a commissioned officer;
(e) where the relevant rank is the rank of Sergeant or Inspector or a rank above the rank of Superintendent—has been certified by a medical practitioner approved by the Commissioner to be in good health and 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 persons holding that rank; and
(f) has, unless exempted from so doing by virtue of regulation 8, successfully completed the training course or courses that the Commissioner has, under regulation 6, determined to be the qualifying course or courses in relation to the relevant rank.
“(3) Where—
(a) a person does not satisfy the requirements in relation to age referred to in paragraph (1) (b); and
(b) the Commissioner, having regard to any special physical or intellectual aptitude of the person or the expertise of the person in any particular area, is of the opinion that it is desirable that the person should be appointed to a position within the rank of Constable,
the Commissioner may, by instrument in writing, determine that paragraph (1) (b) shall not apply in respect of that person.
“6. (1) The Commissioner shall establish, and be responsible for the proper conduct of, a programme of training courses for members of the Australian Federal Police.
“(2) Without limiting the generality of sub-regulation (1), the Commissioner shall determine—
(a) the training course or courses included in the programme that is, or are, the qualifying course or courses in relation to a rank and, where 2 or more training courses are so determined in relation to a rank, the order in which the courses are to be undertaken and any other conditions that should apply in relation to the undertaking of the courses in a particular order;
(b) the subjects which are comprised in each training course and the extent to which each of those subjects is to be studied as part of the course;
(c) the duration of each training course and the place at which it will be conducted;
(d) the standards of competence to be achieved by a member undertaking a training course in each subject comprised in the course before the member may be adjudged to have successfully completed the course; and
(e) the manner in which the standard of competence achieved in a subject comprised in a training course by a member undertaking the course shall be assessed and the person or persons who shall carry out the assessment.
“7. (1) A member shall not undertake a training course that is the qualifying course, or one of the qualifying courses, in relation to the rank of Station Sergeant unless the member holds the rank of Sergeant or Senior Sergeant.
“(2) A member shall not undertake a training course that is the qualifying course, or one of the qualifying courses, in relation to a rank that is a commissioned rank unless the member holds the rank of Sergeant, Senior Sergeant or Station Sergeant.
“8. (1) Where a member—
(a) has passed an examination conducted by the Examination Committee established under these Regulations as in force before the date of commencement of this regulation; or
(b) was, under regulation 9 of these Regulations as in force immediately before that date, exempted from taking that examination,
the member is exempted from undertaking—
(c) if the examination was the Senior Constable Qualifying Examination—the training courses that a constable usually undertakes before he holds the grade of Senior Constable; or
(d) if the examination was the qualifying examination prescribed in relation to a rank—the training course or courses that is, or are, the qualifying course or courses in relation to that rank.
“(2) A member is exempted from undertaking a training course that is the qualifying course, or one of the qualifying courses, in relation to a rank if the Commissioner determines in writing that, by reason of the qualifications held by the member that are specified in the determination, the member should not be required to undertake the training course.
“9.
The Commissioner shall cause to be published from time to time in the
(a) indicating the training courses that will be offered to members during the period specified in the notice; and
(b) inviting applications from members who are interested in undertaking any of those courses.
“10. The Commissioner shall prepare in relation to each position within each rank—
(a) a duty statement describing the duties to be performed by persons occupying the position; and
(b) selection criteria describing the particular skills and experience required for the proper performance of the duties of the position.”.
(a) by omitting sub-regulation (1);
(b) by omitting from sub-regulation (2) “other than a person referred to in sub-regulation (1)”;
(c) by omitting from sub-regulation (2a) “period referred to in sub-regulation (1) or (2) in relation to a person” and substituting “period of probation of a person”;
(d) by omitting from sub-regulation (3) “period referred to in sub-regulation (1) or (2) in relation to a person” and substituting “period of probation of the person”; and
(e) by omitting from sub-regulation (6) “section” and substituting “regulation”.
(a) by omitting from paragraph (1) (c) “16 commissioned officers” and substituting “not more than 16 persons”; and
(b) by inserting in paragraph (1) (d) “not more than” before “36”.
(a) by omitting from paragraph (2) (a) “signed by the appellant”; and
(b) by omitting paragraph (2) (c) and substituting the following paragraphs:
“(c) shall be lodged with the Secretary to the Board—
(i) within the period of 21 days from the day of the notification in the
Police Gazette of the decision of the Commissioner; or(ii) if the Chairman has, in relation to that decision of the Commissioner, determined that the period referred to in sub-paragraph (i) should be extended—within that period as extended by the Chairman; and
(d) shall be accompanied by—
(i) any written statement that the appellant wishes to submit to the Board stating the facts that the appellant wishes the Board to take into consideration in deciding the appeal; and
(ii) any documents that he considers relevant to the appeal.”.
(a) by omitting “to a rank”;
(b) by adding at the end of paragraph (a) “and”; and
(c) by omitting paragraphs (c) and (d).
(a) by adding at the end of sub-regulation (4) “in accordance with the form set out in Schedule 5”; and
(b) by adding at the end thereof the following sub-regulation:
“(8) The Board shall, unless it is not reasonably practicable to do so, hear and determine an appeal from a decision of the Commissioner to promote a member within the period of 2 months from the last day on which a notice of appeal from the decision of the Commissioner could have been lodged with the Secretary to the Board in accordance with sub-regulation 26 (2).”.
(a) by adding at the end of sub-regulation (1) “but a party other than the Commissioner is not entitled to be represented by another person at the hearing of the appeal”; and
(b) by adding at the end thereof the following sub-regulation:
“(3) A party to an appeal is not, at the hearing of the appeal, entitled—
(a) to ask questions of another party to the appeal; or
(b) to be present while another party to the appeal is being heard or questioned by the Board.”.
“31a. (1) Proceedings in relation to an appeal are not invalidated by a formal defect or an irregularity unless the Board hearing the appeal is of the opinion that substantial injustice has been caused by the defect or irregularity and that the injustice cannot be remedied by any steps that may be taken.
“(2) The Board may, at any time, amend any defect or error in any proceeding before the Board in relation to an appeal and all necessary amendments shall be made for the purposes of determining on their merits all questions arising in connection with the appeal.”.
“40. Each of the following ranks is declared to be a rank to which section 64a of the Act applies:
(a) the rank of Constable;
(b) the rank of Sergeant;
(c) the rank of Senior Sergeant;
(d) the rank of Station Sergeant.”.
“42a. (1) The Commissioner shall from time
to time prepare, and cause to be published in the
“(2) The relative seniority of 2 or more members holding the same rank, being members each of whom is listed as holding that rank in the seniority list published or last published under sub-regulation (1), is determined in accordance with that seniority list.
“(3) A member listed as holding a particular rank in the seniority list published or last published under sub-regulation (1) is, while he holds that rank, senior to a member who is promoted or appointed to a position within that rank after the date specified in that seniority list.
“(4) The relative seniority of 2 or more members holding the same rank (not being the rank of Constable), being members each of whom is listed as holding a rank lower than that rank in the seniority list published or last published under sub-regulation (1), is determined by reference to—
(a) the day on which each of those members was promoted to a position within the first-mentioned rank; or
(b) in the case of members who were so promoted on the same day—
(i) the level of the rank held by each of those members immediately before that day; or
(ii) if those members held the same rank immediately before the day on which they were so promoted—their relative seniority immediately before that day.
“(5) The relative seniority of 2 or more members holding the rank of Constable, being members whose names are not listed in the seniority list
published or last published under sub-regulation (1), is determined by reference to—
(a) the day on which each of those members successfully completed the third training course that members holding the rank of Constable are required to undertake; or
(b) in the case of members who successfully completed the training course referred to in paragraph (a) on the same day—the relative grading awarded to those members after they have completed that training course.
“(6) The first seniority list under sub-regulation (1) shall be published not later than 2 months after the commencement of this regulation.”.
(a) by omitting from sub-regulation (1) “return to the Commissioner all property (including accoutrements and clothing)” and substituting “, as soon as it is reasonably practicable to do so, return to the Commissioner all property (including accoutrements and clothing), not being prescribed property in relation to the person,”; and
(b) by adding at the end thereof the following sub-regulation:
“(4) In this regulation—
‘member’ includes a Deputy Commissioner;
‘prescribed property’, in relation to a person who has ceased to be a member, means property that the Commissioner has, by a determination in writing that is in force at the time that the person complies with the provisions of sub-regulation (1), determined to be property that—
(a) the person;
(b) persons included in a class of persons in which the person is included; or
(c) all persons who have ceased to be members,
is not, or are not, required to return to the Commissioner in accordance with that sub-regulation.”.
(a) completing all matters for which the Committee was, in relation to the qualifying examinations held by the Committee between 9 October 1984 and 17 October 1984 (both dates inclusive), responsible under the last-mentioned regulation and that had not been completed before the commencement of these Regulations; and
(b) if, but for that repeal, members who had not passed a qualifying examination referred to in paragraph (a) by reason that they had failed in one or more of the subjects in which the qualifying examination was conducted would, in accordance with the conditions determined by the Committee in that respect, have been allowed to take at a subsequent date the qualifying examination in that subject or those subjects only in order to qualify for a pass in the qualifying examination—holding, during the year commencing on 1 January 1985, the qualifying examination in those subjects in which members would have so been allowed to take the examination,
and, for those purposes, the Committee has, subject to sub-regulation (2), all the powers that it would have had if the repeal had not been effected.
(a) the member failed in that subject when the member sat for the qualifying examination during the period referred to in paragraph (1) (a); and
(b) the member is not undertaking—
(i) if the examination is the Senior Constable Qualifying Examination—one of the training courses that a constable usually undertakes before he holds the grade of Senior Constable; or
(ii) if the examination is an examination that was, for the purposes of the Principal Regulations as in force before the commencement of these Regulations, the qualifying examination prescribed in relation to a rank—a training course that is the qualifying course or one of the qualifying courses in relation to that rank.
SCHEDULE Regulation 23
SCHEDULE TO BE INSERTED IN PRINCIPAL REGULATIONS
SCHEDULE 5 Regulation 29 (4)
FORM OF OATH OR AFFIRMATION
I * swear by Almighty God/* solemnly declare and affirm/that the evidence that I shall give shall be the truth, the whole truth and nothing but the truth,
1.
Notified in the
2. Statutory Rules 1979 No. 210 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1984 No. 164 andsee also Statutory Rules 1984 No. 164.
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