Australian Federal Police Amendment
Act 1996
No. 27, 1996
An Act to amend the Australian Federal Police Act 1979
Contents
1 Short title........................................................741
2 Schedule(s)......................................................741
Schedule 1—Amendment of the Australian Federal Police Act 1979 742
Australian Federal Police Amendment
Act 1996
No. 27, 1996
An Act to amend the Australian Federal Police Act 1979
[Assented to 8 July 1996]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Australian Federal Police Amendment Act 1996.
2 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Australian Federal Police Act 1979
1 Subsection 18(2)
After “powers”, insert “(except a power to make an appointment or promotion under subsection 25(1A))”.
2 Subsection 19(1)
After “powers”, insert “(except a power to make an appointment or promotion under subsection 25(1A))”.
3 Subsection 25(1)
Omit or, if the Commissioner is authorized by the Governor-General in writing to make appointments under this section, the Commissioner may, by Commission”.
4 After subsection 25(1)
Insert:
(1A) If the Governor-General, in writing, authorises the Commissioner or a Deputy Commissioner:
(a) to make appointments or promotions referred to in subsection (1); or
(b) to make appointments or promotions referred to in subsection (1) to positions within a specified rank;
the Commissioner or Deputy Commissioner may, by Commission, make such appointments or promotions accordingly.
5 Subsection 26E(3)
Repeal the subsection.
6 After section 26E
Insert:
26F Declaration of serious misconduct
(1) If a person is retired under paragraph 26E(2)(b) because of his or her conduct or behaviour and the Commissioner believes, on reasonable grounds, that the conduct or behaviour, or any part of it:
(a) amounts to serious misconduct by the person; and
(b) is having, or is likely to have, a damaging effect on:
(i) the professional self-respect or morale of some or all of the members or staff members; or
(ii) the reputation of the Australian Federal Police with the public, or with any section of the public, or with an Australian or overseas government or law enforcement agency;
the Commissioner may make a declaration to that effect.
(2) A declaration must be made in writing as soon as possible, but not later than 24 hours, after the Commissioner makes the determination under paragraph 26E(2)(b).
(3) The Commissioner must cause a copy of a declaration to be given to the person to whom it relates.
(4) If the Commissioner makes a declaration in relation to a person who is retired under paragraph 26E(2)(b), the person is excluded, in respect of that retirement, from the operation of Subdivisions B, C, D and E of Division 3 of Part VIA of the Industrial Relations Act 1988.
(5) In this section:
serious misconduct means:
(a) corruption, a serious abuse of power, or a serious dereliction of duty; or
(b) any other seriously reprehensible act or behaviour by a person, whether acting, or purporting to act, in the course of his or her duties as a member or staff member or not.
7 Subsection 34(5)
Omit “member” (wherever occurring), substitute “person”.
8 Subsection 34(5)
After “association of members”, insert “or staff members”.
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[Minister’s second reading speech made in—
Senate on 29 May 1996
House of Representatives on 26 June 1996]
Overview
The Australian Federal Police Amendment Act 1996 was enacted by the Parliament of Australia to make amendments to the Australian Federal Police Act 1979, addressing certain operational and procedural aspects of the Australian Federal Police. This legislation aimed to enhance the efficiency and effectiveness of the police force by clarifying certain powers and responsibilities, as well as introducing provisions for addressing serious misconduct among its members. The overarching policy objective is to ensure that the Australian Federal Police operates with integrity and maintains public trust through robust mechanisms for accountability and discipline.
The Act introduces significant changes, including the amendment of specific subsections to refine the powers of the Commissioner and Deputy Commissioner in making appointments and promotions, as well as establishing a clear process for the declaration of serious misconduct by retired officers. These amendments are designed to strengthen internal controls and provide a formal pathway for addressing conduct that could potentially harm the reputation of the Australian Federal Police.
Scope and Application
The Australian Federal Police Amendment Act 1996 amends the Australian Federal Police Act 1979 to refine the powers and procedures of the Australian Federal Police (AFP). This Act applies to the Commissioner and Deputy Commissioner of the AFP, as well as to members and staff of the AFP. It affects the conduct of appointments and promotions within the AFP, and introduces provisions for the declaration of serious misconduct by retired AFP members or staff whose conduct or behaviour has damaging effects on the AFP's professional self-respect, morale, or reputation. The Act applies nationally, as the AFP is a federal law enforcement agency, and its provisions extend across Australia. There are no explicit exclusions or exemptions stated in the Act; however, certain powers are restricted, such as the exclusion of the power to make appointments or promotions under specific subsections. The Act may be further extended or restricted through subordinate instruments as necessary to implement the outlined amendments effectively.
Key Provisions
The Australian Federal Police Amendment Act 1996 introduces several key amendments to the Australian Federal Police Act 1979. These amendments primarily concern the powers of the Commissioner and Deputy Commissioner in making appointments and promotions, and they introduce provisions for the declaration of serious misconduct by retired officers. Section 1 amends subsection 18(2) and 19(1) to exclude certain appointment and promotion powers from the Commissioner’s authority, unless specifically authorised by the Governor-General in writing (subsections 1 and 2). Section 3 refines the appointment authority of the Commissioner by allowing the Commissioner or Deputy Commissioner to make appointments or promotions if authorised by the Governor-General in writing (subsection 25(1A)).
These provisions impose clear obligations on the Commissioner and Deputy Commissioner, requiring them to seek written authorisation from the Governor-General before making certain appointments or promotions. This ensures that these high-level decisions are subject to appropriate oversight and scrutiny. The amendments also mandate the Commissioner to make a written declaration within 24 hours if a retired officer's conduct or behaviour is deemed to amount to serious misconduct, as defined in section 26F (subsection 26F(1) to (4)). This declaration must then be communicated to the individual concerned.
Breach of these provisions can lead to significant consequences. The Act does not explicitly outline specific penalties for non-compliance with these amendments, but violations of the underlying provisions in the Australian Federal Police Act 1979, such as unauthorised appointments or omissions in declaring serious misconduct, could result in disciplinary actions, including potential termination of service or other administrative penalties. These actions are in addition to any civil or criminal liabilities that may arise from the misconduct itself.