Merit Protection (Australian Federal Police) Regulations (Cth)

MERIT PROTECTION (AUSTRALIAN FEDERAL POLICE) REGULATIONS
(#DATE 27:04:1994)

- Updated as at 27 April 1994

*1* The Merit Protection (Australian Federal Police) Regulations (in force under the Merit Protection (Australian Government Employees) Act 1984) as shown in this reprint comprise Statutory Rules 1988 No. 85 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application, saving
number notification commencement or transitional
in Gazette provisions
1988 No. 85 25 May 1988 29 May 1988 (see r. 2
and Gazette 1988,
No. S149)
367 21 Dec 1988 1 Jan 1989 R. 3
1989 No. 349 7 Dec 1989 21 Dec 1989 (see r. 1 -
and Gazette 1989,
No. S384)
350 7 Dec 1989 7 Dec 1989 -
364 18 Dec 1989 1 Jan 1990 (see r. 1 R. 5
and Gazette 1989,
No. S397)
1992 No. 301 24 Sept 1992 24 Sept 1992 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 4 am. 1989 No. 364
Schedule am. 1988 No. 367; 1989 Nos. 349, 350 and 364; 1992
No. 301

MERIT PROTECTION (AUSTRALIAN FEDERAL POLICE) REGULATIONS 
- TABLE OF PROVISIONS 
TABLE

                      TABLE OF PROVISIONS

Regulation

    1.    Citation

    2.    Commencement

    3.    Interpretation

    4.    Application of the Act - Australian Federal Police

                            SCHEDULE

         MODIFICATIONS OF THE MERIT PROTECTION (AUSTRALIAN

                 GOVERNMENT EMPLOYEES) ACT 1984

MERIT PROTECTION (AUSTRALIAN FEDERAL POLICE) REGULATIONS 
- REG 1 
Citation 


  1. These Regulations may be cited as the Merit Protection (Australian
Federal Police) Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

MERIT PROTECTION (AUSTRALIAN FEDERAL POLICE) REGULATIONS 
- REG 2 
Commencement 


  2. These Regulations commence on the date of commencement of section 5,
subsection 9 (1) and sections 10, 11 and 12 of the Australian Federal Police
Amendment Act 1986.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

MERIT PROTECTION (AUSTRALIAN FEDERAL POLICE) REGULATIONS 
- REG 3 
Interpretation 


  3. In these Regulations, unless the contrary intention appears:

  "the Act" means the Merit Protection (Australian Government Employees) Act
1984.

MERIT PROTECTION (AUSTRALIAN FEDERAL POLICE) REGULATIONS 
- REG 4 
Application of the Act - Australian Federal Police 


  4. The Act and the provisions of the Act specified in the Schedule apply
subject to the modifications specified in the Schedule to and in relation to
persons who, on or after the commencement of these Regulations, are members or
staff members of the Australian Federal Police within the meaning of the
Australian Federal Police Act 1979.

MERIT PROTECTION (AUSTRALIAN FEDERAL POLICE) REGULATIONS 
- SCHEDULE 
SCH

                               SCHEDULE               Regulation 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 Retirement Appeal Committee established under

Subdivision D of Division 2 of Part II.".

Subsection 3 (2):

  Omit the subsection.

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) retirement appeals; and

  (c) the review of:

    (i) non-appellable promotions under section 36B of the

Federal Police Act; and

    (ii) decisions the review of which is authorised under

subsection 36C (2), (3), (4) or (5) 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 (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 Division 2; and

  (b) to review:

    (i) non-appellable promotions under section 36B of the

Federal Police Act; and

    (ii) decisions the review of which is authorised under

subsection 36C (2), (3), (4) or (5) 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 7:

  Omit the section.

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, 25CA, 25CB and 26

of the Australian Federal Police Regulations; and

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

appeals.".

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.".

Section 11:

  Omit the section, substitute the following section:

Parties to appeal proceedings

  "11. For the purposes of this Subdivision, the parties to an appeal

are the parties specified in Part 2A of the Australian Federal Police

Regulations.".

Section 15:

  Omit the section.

Subdivision C of Division 2 of Part II:

  Omit the Subdivision.

Section 22:

  Omit "Redeployment and".

Section 22:

  Omit "Divisions 8B and 8C of Part III of the Public Service Act 1922",

substitute "section 38E of the Federal Police Act".

Section 23:

  Omit "Redeployment and".

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.

Section 24:

  Omit the section, substitute the following section:

Parties to appeal proceedings

  "24. For the purposes of this Subdivision, the parties to an appeal

are the parties specified in Part 2A of the Australian Federal Police

Regulations.".

Subsection 25 (1):

  Omit "Redeployment and".

Section 26:

  Omit "Redeployment and".

Section 26A:

  Omit the section.

Subdivisions E and F of Division 2 of Part II:

  Omit the Subdivisions.

Section 37:

  Omit paragraphs (1) (a), (c) and (d).

  Omit subsection (2), substitute the following subsection:

  "(2) In subsection (1), relevant Act means, in relation to the Review

Committees, the Federal Police Act.".

Section 37A:

  Omit the section.

Section 38:

  Omit the section, substitute the following section:

Interpretation

  "38. In this Division,

  'decision' means a decision:

  (a) 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; or

  (b) the review of which is authorised under subsection 36C (2), (3),

(4) or (5) 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 and review

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:

    (i) a non-appellable promotion within the meaning of

section 36B of the Federal Police Act; or

    (ii) a decision the review of which is authorised under

subsection 36C (2), (3), (4) or (5) of the Federal Police Act; or

  (b) by the Commissioner under subsection 38B (1)

of the Federal Police Act; or

  (c) by the Commissioner under Division 1, 1B or 2A 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.".

Division 7 of Part II:

  Omit the Division.

Section 78:

  Omit subsection (4).

Section 81:

  Omit the section.

Section 82:

  Omit paragraph (1) (a).

Section 85:

  Omit paragraphs (2) (b), (d), (e), (f) and (g).

  Omit subparagraphs (2) (k) (ii) to (vi) inclusive.

Add at the end the following section:

Transitional

  "86. (1) An appeal lodged under regulation 26 or 34A of the Australian

Federal Police Regulations as in force immediately before the

commencement of this section and not finally determined before that

commencement shall be deemed to be an appeal made to an Appeal Committee

on the day of that commencement for the purposes of

Subdivision B or D (as the case requires) of Division 2 of Part II of

this Act in its application to members of the Australian Federal Police

as in force on that day.

  "(2) An appeal deemed to be made to an Appeal Committee under

subsection (1) may be heard and determined by the Appeal Committee in

accordance with this Act

in its application to members of the Australian Federal Police as in

force on and from the commencement of this section.".