Australian Federal Police Amendment Act 1981

Overview

The Australian Federal Police Amendment Act 1981 was enacted to amend the Australian Federal Police Act 1979 and address gaps and problems in the regulatory framework governing the Australian Federal Police. This Act was passed by the Queen, in the Parliament of the Commonwealth of Australia, as assented on 9 April 1981. The Act provides for amendments to disciplinary measures and the establishment of liability for the Commonwealth in respect of torts committed by members of the Australian Federal Police in the course of their duties. The policy objective behind these amendments is to ensure that the Australian Federal Police operate within a clearly defined regulatory environment that holds members accountable for their actions and provides a legal framework for addressing any wrongdoing. This legislation sought to address the need for clearer guidelines on disciplinary actions and the financial liability of the Commonwealth in cases where members of the Australian Federal Police commit torts in the course of their duties. By amending the Australian Federal Police Act 1979, the Australian Federal Police Amendment Act 1981 introduced provisions that specify disciplinary offences and penalties, including dismissal, and clarify the circumstances under which the Commonwealth may be held liable for the wrongful acts of its members. The amendments also introduced requirements for certain ranks of the Australian Federal Police to wear their identification numbers on their uniforms, with a penalty for non-compliance.

Scope and Application

The Australian Federal Police Amendment Act 1981 amends the Australian Federal Police Act 1979, providing specific changes to the regulatory framework governing the Australian Federal Police (AFP). The Act applies to members of the AFP and extends to any torts they may commit while performing their duties. It applies nationally, as it is a Commonwealth Act. The Act clarifies the circumstances under which the Commonwealth is liable for wrongful acts committed by AFP members, aligning their liability with that of employees of the Commonwealth. It also specifies that the Commonwealth's liability does not extend to punitive damages. The Act allows for the Commonwealth to contribute to damages and costs in certain instances where members have been sued or have settled claims. Regulations may provide additional terms and conditions, but any inconsistent regulations can be amended or repealed. The Act came into operation concurrently with the Complaints (Australian Federal Police) Act 1981.

Key Provisions

The Australian Federal Police Amendment Act 1981 primarily amends the Australian Federal Police Act 1979 by making specific changes to the disciplinary framework and introducing new requirements for identification and liability for torts. Section 3 amends section 40 of the Principal Act by modifying the list of items that can be regulated under the Act. It replaces the previous regulation power with disciplinary offences and penalties for such offences, which now include dismissal. Section 4 introduces two new sections, 64a and 64b, into the Principal Act. Section 64a requires members of certain ranks, as declared by regulations, to wear their identification numbers on their uniforms at all times. Failure to comply with this requirement may result in a penalty of $500. The section also provides defences if the non-compliance was due to the act of another person without the member's consent or due to an unintentional omission. The Act imposes obligations on Australian Federal Police members to adhere to the new uniform requirements as outlined in section 64a. Members of specified ranks must ensure their identification numbers are prominently displayed on their uniforms. Furthermore, section 64b establishes the Commonwealth's liability for torts committed by members while performing their duties, equating this liability to that of an employer for the actions of an employee. The Commonwealth can also be treated as a joint tortfeasor and may pay damages or costs related to such torts. However, it is not liable for punitive damages. Breaches of the uniform requirement specified in section 64a of the Principal Act are subject to a penalty of $500, as stated in the Act. There are no other explicit offences, penalties, or consequences mentioned for breaches of the Act's provisions. However, the Act ensures that the Commonwealth's liability for torts committed by members aligns with that of an employer for employee actions, thereby potentially exposing the Commonwealth to civil claims for damages or costs. This liability does not extend to punitive damages, providing some limitation on the Commonwealth's financial exposure in such cases.