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

Statutory Rules 1989 No. 3491

 

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 29 November 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 20 of the Law and Justice Legislation Amendment Act 1988.

Schedule

2. The Schedule to the Merit Protection (Australian Federal Police) Regulations is amended:

(a) by omitting the modifications of sections 4 and 6 and Divisions 3, 4, 5 and 6 of Part II of the Merit Protection (Australian Government Employees) Act 1984; and

(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.

 

(S.R. 368/89)—Cat. No. 14/17.11.1989

SCHEDULE Regulation 2

MODIFICATIONS OF THE MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1984

Section 4:

Omit the section, substitute the following section:

Object

“4. In relation to the Australian Federal Police, the object for which the Agency is established is to ensure that decisions made in relation to members of the Australian Federal Police in relation to:

(a) promotion appeals; and

(b) redeployment and retirement appeals; and

(c) thereview of non-appellable promotions under section 36b of the Federal Police Act;

are fair and equitable and are made in accordance with sound personnel management practices and with due regard being had to:

(d) the efficiency of the Australian Federal Police; and

(e) the need to ensure good relations between the Australian Federal Police and its members.”.

Section 6:

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

“(a) to arrange for the establishment of, and to ensure the proper and efficient operation of, Review Committees in accordance with Subdivisions A, B and D of Division 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 38:

Omit the section, substitute the following section:

Interpretation

“38. In this Division, ‘decision’ means a decision to promote a member of the Australian Federal Police where the promotion is a non-appellable promotion within the meaning of section 36b of the Federal Police Act.”.

Subsection 39 (4):

Omit the subsection, substitute the following subsection:

“(4) A decision may be reviewed under section 43.”.

Paragraph 40 (a) and section 41:

Omit “Commonwealth employee” and “employee”, substitute “member of the Australian Federal Police”.

Sections 42 and 44:

Omit the sections.

Section 45:

Omit “Commonwealth employee” (wherever occurring), substitute “member of the Australian Federal Police”.

Divisions 4 and 5 of Part II:

Omit the Divisions.

Division 6 of Part II:

Omit the Division, substitute the following Division:

“Division 6—Provision of advice on rights of appeal

Advice by Agency on request

“57. (1) Where a member of the Australian Federal Police requests the Agency for advice about the member’s 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 of Part III of the Australian Federal Police Regulations;

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

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 December 1989.

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

Printed by Authority by the Commonwealth Government Printer