EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 83
ISSUED BY THE AUTHORITY OF THE MINISTER FOR JUSTICE
AUSTRALIAN FEDERAL POLICE REGULATIONS (AMENDMENT)
The primary purpose of these amendments to the Australian Federal Police Regulations (‘AFP Regulations’) is to abolish the Appeals Board which is established under the AFP Regulations to hear promotion appeals in accordance with the AFP Regulations and redeployment appeals under s.38F of the Australian Federal Police Act 1979 and facilitate the transfer of these functions to the Merit Protection and Review Agency (‘MPRA’). In this context the MPRA means the MPRA established in relation to the AFP by the Merit Protection (Australian Government Employees) Act 1984 (‘MP (AGE) Act’) as modified by the Merit Protection (Australian Federal Police) Regulations (‘MP (AFP) Regulations’).
When the MP (AGE) Act was enacted it provided for the transfer of the functions of the Appeals Board to the MPRA. Subparagraph 85(2)(k)(i) of the MP (AGE) Act provides that regulations may be made under subs.85(1) prescribing the application of the provisions of the Act, subject to such modifications (if any) as are prescribed, to and in relation to members of the Australian Federal Police. The MP (AFP) Regulations are made under subpara 85(2)(k)(i) and form part of the legislative package to effect the transfer of the Appeals Board functions to the MPRA.
The Australian Federal Police Amendment Act 1986 (‘AFP Act’) contained provisions to implement the proposed transfer in relation to the AFP Act. These regulations which are made under ss.40 and 70 of the AFP Act and s.4 of the Acts Interpretation Act 1901 will come into operation on the same day as the amendments to the AFP Act as a result of the operation of s.4(2) of the Acts Interpretation Act.
Under the new appeal scheme:
• all promotions above the rank of Station Sergeant will be non-appellable (this only affects promotions to the ranks of Inspector and Chief Inspector because promotion to the ranks of Superintendent, Chief Superintendent and Assistant Commissioner are currently non-appellable); and
• the period in which appeals against promotion can be made is reduced from 21 days to 14 days.
These measures are to enhance the efficiency of the Australian Federal Police and generally speaking bring the appeal rights of members of the AFP into line with those of officers of the Australian Public Service.
Notes on individual regulations are set out below.
Regulation 1: Principal Regulations
This regulation defines ‘Principal Regulations’ to mean the AFP Regulations.
Regulation 2: Interpretation
This regulation amends r.2 of the AFP Regulations by omitting the definitions of ‘Board’, ‘Deputy President’ and ‘President’ which are items which relate to the Appeals Board which is being abolished and inserts definitions of ‘Agency’, ‘Convenor’, ‘Director’, ‘Merit Protection Act’ and ‘Review Committee’ which relate to the MPRA which is taking over the Appeals Board functions.
Regulation 3: Repeal of Division 1 of Part IIA
This regulation abolishes the Appeals Board by repealing Division 1 of part IIA of the AFP Regulations which deals with the constitution of the Appeals Board.
Regulation 4: Hearings by Review Committee
This regulation omits subr.14N(1) of the AFP Regulations which provides that the Appeals Board shall sit at such times and places as the Board determines and subr.14N(9) which provides that if the members constituting the Appeals Board for the purposes of an appeal are divided on any question then the question is decided in accordance with the opinion of the majority. These matters will be covered by the MP(AGE) Act as modified by the proposed MP(AFP) Regulations. Subregulations 14N(6) and (7) are amended by omitting ‘President or the Deputy President’ and substituting ‘Convenor’.
Regulation 5: Repeal of Regulation 14S
This regulation repeals r.14S of the AFP regulations which deals with the protection of members of the Appeals Board etc as these matters will be covered by the MP(AGE) Act as modified by the proposed MP(AFP) Regulations.
Regulation 6: Repeal of Division 2 of Part III
Modern communication facilities render pre-departure interviews obsolete. Where a member is posted outside Australia and is selected for interview or where the member appeals it is proposed that he or she be interviewed by telephone. Therefore, this regulation repeals Division 2 of Part III of the AFP Regulations dealing with the interview of members posted outside Australia.
Regulation 7: Prescribed ranks for purposes of paragraph 40(1)(c) of the Act
This regulation amend r.25B of the AFP Regulations by omitting paras (d) and (e) which has the effect of making all promotions above the rank of Station Sergeant non-appellable.
Regulation 8: Statement by member selected for promotion
This regulation amends r.25C of the AFP regulations by omitting from para. (a)21 days and substituting 14 days as the period for lodging a written statement or documents where a member has been selected for promotion.
Regulation 9: Appeal against selection for promotion
This regulation amends sub.para 26(2)(c)(i) by reducing from 21 days to 14 days the period for lodging a notice of appeal.
Regulation 10: Notification of appeal
This regulation amends r.27 of the AFP Regulations by omitting ‘Secretary to the Board’ and substituting ‘Agency’ as a consequence of the transfer of the Appeals Board’s functions to the MPRA.
Regulation 11: Powers of review Committee
This regulation amends r.31 of the AFP Regulations by omitting subpara. (b)(iii) as a consequence of the repeal of Division 2 of Part III of the AFP Regulations.
Regulation 12: Determination of Appeal
This regulation omits references to ‘Board’ in r.32 of the AFP Regulations and substitutes ‘Review Committee’ as a consequence of the transfer of the functions of the Appeals Board to the MPRA.
Regulation 13: Rules of Association
This regulation amends r.38 of the AFP Regulations by omitting from para. (b) the reference to ‘Promotions Appeals Board’ and substitutes ‘Review Committees’ as a consequence of the transfer of the promotions appeals function to the MPRA.
Regulation 14: Further amendments
This regulation provides for further consequential amendments of the AFP Regulations as set out in the Schedule to the Regulations. Certain references to ‘Board’ (except where occurring in the expression ‘Secretary to the Board) are omitted and ‘Review Committee’ substituted; certain references to ‘Secretary to the Board’ are omitted and ‘Agency’ substituted; and certain references to ‘President’ are omitted and ‘Director’ substituted.