EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 364
ISSUED BY THE AUTHORITY OF THE MINISTER FOR JUSTICE AUSTRALIAN FEDERAL POLICE (DISCIPLINE) REGULATIONS (AMENDMENT)
The primary purpose of these amendments to the Australian Federal Police (Discipline) Regulations (AFP (Discipline) Regulations) is to insert a new provision dealing with the seniority of members in relation to other members holding the same rank. These amendments arise in conjunction with certain amendments to the Australian Federal Police Regulations (AFP Regulations) which, amongst other things, repeal regulation 42A of those regulations.
The object of that amendment to the AFP Regulations is to remove the application of seniority in relation to a member for the purposes of the AFP Regulations and in particular to eliminate the prospect that seniority will be applied in the selection of members for promotion, thereby reinforcing the merit principle as the basis of selection for promotion in the Australian Federal Police.
The principal effect of these amendments to the AFP (Discipline) Regulations is to confine the application of seniority to command and control situations where, as an operational matter, it may become necessary to delineate authority as between members.
Notes on individual clauses are set out below.
Regulation 1: Commencement
This regulation provides that these regulations shall commence on 1 January 1989 being the same day of commencement as the AFP Regulations.
Regulation 2: Principal Regulations
This regulation defines the Principal Regulations to mean the Australian Federal Police (Discipline) Regulations.
Regulation 3: Seniority
This regulation inserts a new r.46 into Part V of the Principal Regulations dealing with seniority. Subregulation (1) sets out the manner for determining seniority as between members. Essentially, a member is senior to other members of the same rank whose appointment or promotion came after his or her appointment or promotion to that rank and to members who hold a lower rank. Subregulations (3) and (4) enable the Commissioner to determine the relative seniority of members appointed or promoted on the same day. Subregulation (4) establishes that this regulation has no application to a member except in respect of functions of command and control.