EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 90
AUSTRALIAN FEDERAL POLICE (DISCIPLINE)
REGULATIONS (AMENDMENT)
ISSUED BY MINISTER FOR ADMINISTRATIVE SERVICES
With the Proclamation of the Complaints (Australian Federal Police) Act 1981 and the setting up of the Federal Police Disciplinary Tribunal under that Act, it is necessary to make consequential and appropriate amendments to the Australian Federal Police (Discipline) Regulations. The most important of these amendments are:
• the omission of definitions no longer required and the inclusion of new definitions;
• to indicate what is a disciplinary offence within the meaning of the present regulations;
• the repeal of Part IV of the Regulations, which provided for the Disciplinary Board, and consequential amendments resulting from the establishment of the Federal Police Disciplinary Tribunal;
• the repeal of Part VI of the Regulations, which provided for an Appeal Board, as the repeal of Part IV means there will be no Chairman or members of the Disciplinary Board to constitute an Appeal Board under Part VI;
• to make provision in relation to the determination of the period that a member’s suspension from duty shall continue in force where the Disciplinary Tribunal concludes that a member is not guilty of a disciplinary offence;
• to provide for the imposition of the highest penalties of dismissal or reduction in rank by the Disciplinary Tribunal as well as by the Commissioner, to have effect upon confirmation by the Governor-General in respect of commissioned officers; and on a date to be fixed by the Commissioner (and by the Tribunal) in respect of all non-commissioned officers, except, where an appeal lies to the Tribunal, the date to be fixed by the Commissioner is not to be earlier than 28 days;
• the provision of the institution of proceedings under section 11 of the Complaints Act which indicates the circumstances whereby the Commissioner of the AFP would give effect to a proposal put to him by the Ombudsman or a direction by the Attorney-General to charge a member of the AFP with a disciplinary offence; and
• a transitional type provision that, in cases where the Commissioner has not determined whether the member is guilty or in cases where the Commissioner has referred the question whether the member is guilty to the Disciplinary Board, which has not dealt with the matter, those matters shall be deemed to be withdrawn without prejudice to the right of the Commissioner to bring fresh charges.