Australian Federal Police (Discipline) Regulations (Amendment)

Overview

The Australian Federal Police (Discipline) Regulations (Amendment) Statutory Rules 1990 No. 45, issued under the authority of the Minister for Justice, aim to amend the Australian Federal Police (AFP) disciplinary system to ensure it is fully and explicitly applied to all non-police staff members as well as the police members of the AFP. This legislative update responds to the identified gap in the current system where the application of disciplinary measures to non-police staff was not consistently explicit, potentially leading to ambiguities and inconsistent enforcement. The amendments seek to clarify and strengthen the disciplinary framework by explicitly including staff members within the scope of the regulations, thereby ensuring a uniform and transparent application of disciplinary processes across the AFP. The policy objective is to maintain high standards of conduct and accountability within the organisation by providing clear guidelines for disciplinary actions applicable to all personnel.

Scope and Application

The Australian Federal Police (Discipline) Regulations (Amendment) Statutory Rules 1990 No. 45, issued under the authority of the Minister for Justice, aim to clarify and explicitly extend the disciplinary system of the Australian Federal Police (AFP) to encompass non-police staff members, in addition to the existing provisions for AFP members. This amendment ensures consistency and removes any ambiguity regarding the disciplinary measures applicable to all personnel within the AFP. The scope of the regulations applies to both AFP members and non-police staff members, encompassing various forms of misconduct, including absence from duty, malingering, soliciting of gifts, suspension from duty, disciplinary proceedings, and penalties. The regulations are part of the Commonwealth's jurisdiction, affecting personnel across Australia. The amendments do not introduce new exclusions, exemptions, or thresholds but rather clarify the existing framework to ensure comprehensive application to all AFP personnel. The authority for these amendments is derived from Section 70 of the Australian Federal Police Act 1979.

Key Provisions

The main operative sections of the Australian Federal Police (Discipline) Regulations (Amendment) aim to clarify and extend the application of the Australian Federal Police (AFP) disciplinary system to include all staff members, not just police members. Regulation 1 establishes that the ‘Principal Regulations’ refer to the Australian Federal Police (Discipline) Regulations. Regulation 2 modifies subregulation (2) of regulation 4 to explicitly include staff members in the provisions regarding absence from duty. Regulation 3 updates paragraph (1)(b) of regulation 12 to ensure that the malingering provisions apply to both staff and members. Regulation 4 extends the soliciting of gifts prohibition in regulation 15 to cover staff members as well as members. Regulation 5 adapts paragraph (5)(a) of regulation 20 to ensure that suspension from duty provisions apply equally to all staff and members. Regulation 6 updates regulation 21 to make it clear that disciplinary proceedings must be heard before the Commissioner for both staff and members. Lastly, Regulation 7 modifies paragraph 3(a) of regulation 22 to ensure that penalties for breaches of disciplinary offences apply consistently to staff and members. These amendments impose obligations on both staff members and members of the AFP to adhere to the disciplinary provisions outlined in the Regulations. For instance, both groups are now explicitly required to follow the rules concerning absence from duty, malingering, soliciting gifts, and suspension from duty. Additionally, they must comply with the procedures for hearing disciplinary proceedings before the Commissioner and be aware of the penalties that apply for breaches of disciplinary offences. These obligations ensure that there is a consistent application of the disciplinary system across all personnel within the AFP. Breaches of the amended Regulations can result in various penalties and consequences. The specific offences and their corresponding penalties are outlined in regulation 22, which has been updated to ensure that penalties apply equally to staff members and members. While the exact penalties are not detailed in the Explanatory Statement, breaches of the Regulations can lead to disciplinary action, including suspension, demotion, or termination of employment. Furthermore, serious breaches may result in criminal charges, leading to potential fines or imprisonment, depending on the severity of the offence. These consequences underscore the importance of adhering to the disciplinary provisions set out in the Regulations.