Merit Protection (Australian Federal Police) Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 3641

 

Merit Protection (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 Merit Protection (Australian Government Employees)Act 1984.

Dated 14 December 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Michael Tate

Minister for Justice for and on behalf of the Prime Minister

 

Commencement

1. These Regulations commence on the date of 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 Merit Protection (Australian Federal Police) Regulations.

Application of the Act—Australian Federal Police

3. Regulation 4 of the Principal Regulations is amended by inserting “or staff members” after “members”.

Schedule

4. The Schedule to the Principal Regulations is amended:

(a) by omitting the modifications of subsection 3 (1), sections 6 and 9, subsection 10 (1), section 23 and Division 6 of Part II of the Merit Protection (Australian Government Employees) Act 1984;

 

(S.R. 369/89)—Cat. No. 14/28.11.1989

 

(b) by inserting in their appropriate numerical positions (according to the provision to be modified) the modifications set out in the Schedule to these Regulations;

(c) by omitting “a Review Committee” from subsection 86 (1) of the Merit Protection (Australian Government Employees) Act 1984 as added by the modifications to that Act and substituting “an Appeal Committee”;

(d) by omitting “a Review Committee” and “the Review Committee” from subsection 86 (2) of the Merit Protection (Australian Government Employees) Act 1984 as added by the modifications to that Act and substituting “an Appeal Committee” and “the Appeal Committee” respectively.

Transitional

5. (1) In spite of anything in these Regulations, the Principal Regulations, as in force immediately before the commencing day, continue to apply to a member during any period that the Australian Federal Police Act 1979 as in force immediately before that day continues to apply to the member by force of section 55 of the amending Act.

(2) In spite of anything in these Regulations, the Principal Regulations, as in force immediately before the commencing day, continue to apply to any appeal lodged by a member;

(a) before that day; or

(b) during any period that the Australian Federal Police Act 1979 as in force immediately before that day continues to apply to the member by force of section 55 of the amending Act.

(3) In spite of anything in these Regulations, the Principal Regulations do not apply to an appeal lodged by a staff member under the Merit Protection (Australian Government Employees) Act 1984 before the commencement day.

(4) In this regulation:

“amending Act” means the Australian Federal Police Legislation Amendment (No. 2) Act 1989:

“appeal” means:

(a) in relation to a member:

(i) an appeal under regulation 26 of the Australian Federal Police Regulations; or

(ii) an appeal under section 38E of the Australian Federal Police Act 1979: or

(iii) a review of a non-appellable promotion under section 36b of that Act; and

(b) in relation to a staff member—an appeal or application (however described) to which the Merit Protection (Australian Government Employees) Act 1984 applies.

   

SCHEDULERegulation 4

MODIFICATIONS OF THE MERIT PROTECTION (AUSTRALIAN

GOVERNMENT EMPLOYEES) ACT 1984

Subsection 3 (1) (definitions of “Commonwealth authority”, “Commonwealth employee”, “Department”, “industrial award”, “officer”, “Public Service Board”, “relevant Secretary”, “Secretary” and “the service”):

Omit the definitions.

Subsection 3(1):

Insert the following definitions:

“ ‘Commissioner’ means the Commissioner of Police within the meaning of the Federal Police Act:

‘Federal Police Act’ means the Australian Federal Police Act 1979:

‘member of the Australian Federal Police’ means a member or a staff member within the meaning of the Federal Police Act:

‘principal relevant staff organisation’, in relation to the promotion of a member of the Australian Federal Police to a position, means:

(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;

‘relevant staff organisation’ in relation to a position, means an organisation:

(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:

‘Appeal Committee’ means:

(a) a Promotion Appeal Committee established under Subdivision B of Division 2 of Part II; or

(b) a Redeployment and Retirement Appeal Committee established under Subdivision D of Division 2 of Part II.”.

Section 6:

Omit paragraphs (a) to (c) inclusive, substitute the following paragraphs:

“(a) to arrange for the establishment of, and to ensure the proper and efficient operation of. Appeal Committees in accordance with Subdivisions A, B and D of Divison 2; and

(b) to review non-appellable promotions under section 36b of the Federal Police Act in accordance with Division 3; and

(c) to provide advice to members of the Australian Federal Police in accordance with Division 6 in relation to appeals and rights of review.”.

Section 9:

Omit “purposes of determining”, substitute “purposes of”.

Omit paragraphs (a) and (b), substitute the following paragraphs:

“(a) determining appeals made under regulations 18c and 26 of the Australian Federal Police Regulations: and

(b) making recommendations to the Commissioner in respect of those appeals.”.

SCHEDULE—continued

Subsection 10 (1):

Omit paragraphs (b) and (c), substitute the following paragraphs and subsection:

“(b) a person nominated by the Commissioner; and

(c) a person nominated by the principal relevant staff organisation.

“(1a) A person who is, or has at any time been, an officer or member of a police force:

(a) established under a law of the Commonwealth or a State or Territory, or of a country other than Australia: and

(b) in existence at the time of the nomination:

is not eligible to be nominated as Convenor.

Subsection 23 (1):

Omit paragraphs (1) (b) and (c). substitute the following paragraphs:

“(b) a person nominated by the Commissioner; and

(c) a person nominated by the principal relevant staff organisation.”.

Subsection 23 (2):

Omit the subsection.

Division 6 of Part II:

Omit the Division, substitute the following Division:

“Division 6—Provision of advice on rights of appeal and review

Advice by Agency on request

“57. (1) Where a member of the Australian Federal Police requests the Agency for advice about the members rights in relation to a relevant decision, the Agency must inform the member of any right of review the member may have in relation to that decision.

“(2) In this section:

‘relevant decision’ means a decision made, or action taken;

(a) in respect of a non-appellable promotion within the meaning of section 36b of the Federal Police Act: or

(b) by the Commissioner under subsection 38b (1), section 38c or subsection 38d (1) or 38e (1) of the Federal Police Act; or

(c) by the Commissioner under Division 1 or 1b of Part 3 of the Australian Federal Police Regulations:

‘right of review’ means a right of appeal to an Appeal Committee or a right of review by the Agency.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 December 1989.

2. Statutory Rules 1988 No. 85 as amended by 1988 No. 367.

 

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