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member is guilty to the Disciplinary Board, which has not dealt with the matter, those matters shall be deemed to be withdrawn without prejudice to the right of the Commissioner to bring fresh charges.
Overview
The Australian Federal Police (Discipline) Regulations (Amendment) Statutory Rules 1982 No. 90, issued by the Minister for Administrative Services, were enacted to address the need for consequential amendments following the proclamation of the Complaints (Australian Federal Police) Act 1981 and the establishment of the Federal Police Disciplinary Tribunal. The primary purpose of these regulations is to streamline and modernise the disciplinary framework for the Australian Federal Police (AFP), ensuring that the disciplinary procedures are aligned with the new legislative structure. The key amendments include the removal of outdated definitions and the introduction of new ones, the clarification of disciplinary offences, and the repeal of sections related to the Disciplinary Board and Appeal Board. These changes aim to enhance the efficiency and fairness of the disciplinary process within the AFP.
The policy objective outlined in the explanatory statement is to ensure that the disciplinary procedures for the AFP are effectively managed under the new legal framework established by the Complaints (Australian Federal Police) Act 1981. By updating the regulations, the government aims to maintain a robust and transparent disciplinary system that upholds the standards and integrity of the AFP. The amendments also facilitate the transition from the old Disciplinary Board to the newly formed Federal Police Disciplinary Tribunal, ensuring that the disciplinary actions are handled in a manner that is both legally sound and procedurally fair.
Scope and Application
The Australian Federal Police (Discipline) Regulations, as amended, apply to members of the Australian Federal Police (AFP), including both commissioned and non-commissioned officers. These regulations govern disciplinary matters within the AFP, addressing the disciplinary process, the establishment of the Federal Police Disciplinary Tribunal, and the appeal mechanisms available to members facing disciplinary action. The amendments are a response to the Complaints (Australian Federal Police) Act 1981, which established the Tribunal and necessitated updates to existing regulations. Geographically, these regulations operate within the Commonwealth jurisdiction, impacting federal police officers across Australia. The regulations outline disciplinary offences, the procedures for the imposition of penalties, and the processes for appeals and suspensions, ensuring that disciplinary actions are conducted in a fair and regulated manner. Additionally, the regulations provide for the institution of proceedings under section 11 of the Complaints Act, detailing circumstances under which the Commissioner may charge a member with a disciplinary offence. The amendments also include transitional provisions to manage cases that were pending under the old Disciplinary Board system.
Key Provisions
The Australian Federal Police (Discipline) Regulations (Amendment) have been introduced to align with the Complaints (Australian Federal Police) Act 1981 and the establishment of the Federal Police Disciplinary Tribunal. These regulations focus on several key amendments to the existing Australian Federal Police (Discipline) Regulations. Firstly, they include the omission of definitions that are no longer necessary and the addition of new definitions (Section 1). They also clarify what constitutes a disciplinary offence under the current regulations (Section 2). Furthermore, the regulations repeal Part IV, which dealt with the Disciplinary Board, and Part VI, which dealt with the Appeal Board, as these provisions are no longer relevant due to the establishment of the new Tribunal (Section 3 and 4).
The amendments impose several obligations and requirements on the Australian Federal Police and its members. They mandate the institution of disciplinary proceedings under Section 11 of the Complaints Act, outlining the circumstances under which the Commissioner of the AFP must act on proposals by the Ombudsman or directions by the Attorney-General to charge a member with a disciplinary offence (Section 5). Additionally, the regulations specify the procedures for determining the period of a member’s suspension from duty if the Disciplinary Tribunal finds the member not guilty of a disciplinary offence (Section 6). They also require the Disciplinary Tribunal to impose penalties such as dismissal or reduction in rank, which must be confirmed by the Governor-General for commissioned officers and set by the Commissioner for non-commissioned officers, with an additional 28-day period if an appeal to the Tribunal is involved (Section 7).
Failure to comply with the provisions of the Australian Federal Police (Discipline) Regulations (Amendment) can lead to significant legal consequences. Any member found guilty of a disciplinary offence may face penalties such as dismissal or reduction in rank. These penalties are to be imposed by the Disciplinary Tribunal and confirmed by the Governor-General for commissioned officers, or set by the Commissioner for non-commissioned officers, as stipulated by the regulations (Section 8). Additionally, the regulations include a transitional provision stating that if the Commissioner has not determined whether a member is guilty, or if the matter has been referred to the Disciplinary Board without a resolution, those matters shall be deemed withdrawn without prejudice to the right of the Commissioner to bring fresh charges (Section 9). These measures ensure that the disciplinary process is robust and the penalties are applied consistently and fairly.