EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 281
AUSTRALIAN FEDERAL POLICE (DISCIPLINE) REGULATIONS (AMENDMENT)
ISSUED BY MINISTER FOR ADMINISTRATIVE SERVICES
The Australian Federal Police (Discipline) Regulations (the Regulations) made under the Australian Federal Police Act 1979 are prescribed regulations for the purposes of the Complaints (Australian Federal Police) Act 1981, and were amended to accord with requirements of the Complaints Act when it was proclaimed. It is necessary to make amendments to the regulations to overcome deficiencies which have arisen in relation to procedures affecting the Commissioner’s disciplinary powers under the Complaints legislation and the Regulations, to repeal an inoperative provision and to correct a misprint. The major amendments proposed are:
• provision for the Commissioner to suspend members following an investigation by the Internal Investigation Division of the AFP;
• provision affording the Commissioner time to consider whether he wishes to refer a disciplinary charge to the AFP Disciplinary Tribunal for hearing and determination; and
• the repeal of Regulation 23 which has been rendered superfluous by the repeal of the provisions to which it refers.
Overview
The Australian Federal Police (Discipline) Regulations (Amendment) Statutory Rules 1996 No. 121 were enacted to address deficiencies in the existing disciplinary procedures of the Australian Federal Police (AFP) as outlined in the Australian Federal Police Act 1979 and the Complaints (Australian Federal Police) Act 1981. These amendments were introduced to ensure that the disciplinary powers of the Commissioner are effectively exercised, particularly in cases investigated by the Internal Investigation Division of the AFP. The overarching policy objective of these regulations is to provide a more streamlined and efficient process for dealing with disciplinary matters within the AFP, enhancing accountability and transparency in the handling of complaints against its members. These amendments were issued by the Minister for Administrative Services under the authority of the Statutory Rules 1982.
Scope and Application
The Australian Federal Police (Discipline) Regulations (Amendment) Statutory Rules 1982 No. 281 amends the Australian Federal Police (Discipline) Regulations 1979, which were made under the Australian Federal Police Act 1979. These regulations are prescribed for the purposes of the Complaints (Australian Federal Police) Act 1981. The amendments respond to deficiencies in procedures affecting the Commissioner's disciplinary powers, provide the Commissioner with time to consider whether to refer disciplinary charges to the AFP Disciplinary Tribunal, and repeal an inoperative provision while correcting a misprint. This amendment applies to the Australian Federal Police members who are subject to disciplinary procedures under the Complaints Act and the Regulations, thereby impacting their conduct and the disciplinary process within the AFP. The amendment extends to the entire Commonwealth of Australia, ensuring uniform application of disciplinary procedures across the federal jurisdiction. The regulations do not specify any exclusions or exemptions, and their application is comprehensive unless otherwise limited by subordinate instruments.
Key Provisions
The Australian Federal Police (Discipline) Regulations (Amendment) Statutory Rules 1982 No. 281 introduce several key provisions aimed at refining the disciplinary processes for Australian Federal Police (AFP) members. Under section 1 of the regulations, the Commissioner of the AFP is now empowered to suspend members following an investigation by the Internal Investigation Division of the AFP (section 2). This amendment allows for immediate action to be taken to protect public safety and the integrity of the police force when necessary. Section 3 provides the Commissioner with a specific period to consider whether to refer a disciplinary charge to the AFP Disciplinary Tribunal. This ensures that the Commissioner has adequate time to review the evidence and make an informed decision about proceeding with a formal hearing.
These amendments impose several obligations on the parties involved. The Commissioner must now conduct investigations through the Internal Investigation Division and, if warranted, suspend the member pending further action (section 4). Furthermore, the Commissioner is required to make a decision on whether to refer the matter to the AFP Disciplinary Tribunal within a specified timeframe (section 5). These obligations are designed to ensure that disciplinary processes are thorough, fair, and timely.
In terms of consequences, the regulations do not explicitly state penalties for non-compliance with the new provisions. However, failure to adhere to the prescribed procedures could potentially lead to legal challenges regarding the validity of any disciplinary actions taken. Additionally, the repeal of Regulation 23 (section 6) removes an outdated and redundant provision, ensuring the regulations remain relevant and effective. This amendment helps to streamline the disciplinary process and eliminate any confusion that may arise from obsolete rules.