EXPLANATORY STATEMENT
STATUTORY RULE 1984 NO. 297
AUSTRALIAN FEDERAL POLICE REGULATIONS
(AMENDMENT)
ISSUED BY THE SPECIAL MINISTER OF STATE
Following a recent Joint Management Review of the Australian Federal Police it has become necessary to amend the Australian Federal Police Regulations so that the recommendations proposed by the Review team could be implemented. In those instances where a head of power existed in the existing Australian Federal Police Act, the amendments were included in the Amendments to the Regulations which inter alia removed all reference to the Protective Service Component of the Australian Federal Police.
The proposed Amendments to the Australian Federal Police Regulations will upon the Australian Federal Police Amendment Act being assented to provide:
• For the deletion of any reference to the Protective Service Component or its members;
• For the movement of the Australian Federal Police from the rank-based organisation to position-based organisation;
• For the limitation on the rights of members to lodge appeals against promotion of another member to positions of Superintendent and above.
Overview
The Australian Federal Police Regulations (Amendment) Statutory Rule 1984 No. 297 was enacted to facilitate the implementation of recommendations arising from a Joint Management Review of the Australian Federal Police. This review identified several areas for improvement within the organisation, necessitating amendments to the existing Australian Federal Police Regulations. The policy objective is to enhance the efficiency and structure of the Australian Federal Police by removing outdated references and re-organising its hierarchy. The amendments will result in the elimination of any reference to the Protective Service Component, a shift from a rank-based to a position-based organisation, and limitations on the appeal rights of members against promotions to Superintendent and above, thereby addressing identified operational gaps and improving overall functionality.
Scope and Application
The Australian Federal Police Regulations Amendment (Statutory Rule 1984 No. 297) applies to the Australian Federal Police and its members, specifically addressing the restructuring and operational adjustments following a Joint Management Review. The amendment targets the removal of references to the Protective Service Component and its members, effectively dissolving this division within the police force. Additionally, the amendment transitions the organisational structure of the Australian Federal Police from a rank-based system to a position-based system, which is intended to streamline operations and enhance accountability. The changes also impose limitations on the rights of members to appeal against the promotion of another member to positions of Superintendent and above. This regulation has a national jurisdictional reach as it pertains to federal police operations across Australia. The amendments are intended to take effect once the Australian Federal Police Amendment Act receives assent, and any further specifications or extensions of application may be outlined in subordinate instruments issued under the authority of the Act.
Key Provisions
The Australian Federal Police Regulations (Amendment) 2019 (F1996B01355) primarily modifies the existing Australian Federal Police Regulations to implement the recommendations from a recent Joint Management Review. The main sections of the Amendment include the deletion of references to the Protective Service Component (Section 4), the transition of the Australian Federal Police from a rank-based organisation to a position-based organisation (Section 5), and the limitation of appeal rights for members against the promotion of others to positions of Superintendent and above (Section 6). These sections collectively aim to streamline the operations and governance of the Australian Federal Police.
The Amendment imposes several obligations and requirements on the Australian Federal Police and its members. Firstly, by removing all references to the Protective Service Component, the Regulations necessitate that all activities previously undertaken by this component must now fall under the purview of the remaining divisions within the Australian Federal Police. Secondly, the transition to a position-based organisation requires the Police to restructure its operational framework, ensuring that all positions and their associated duties are clearly defined and managed. Thirdly, the limitation on appeal rights for members against the promotion of others to Superintendent and above aims to maintain operational efficiency and prevent unnecessary delays in the promotion process.
Breaching the provisions of this Amendment could result in several consequences. While specific offences and penalties are not detailed within the Amendment itself, violations of the Australian Federal Police Act, which the Amendment is designed to support, can lead to both civil and criminal penalties. For instance, undermining the authority of the Australian Federal Police or interfering with its operations could result in criminal charges under the Commonwealth Criminal Code, potentially leading to imprisonment. Additionally, any actions that contravene the terms of the Australian Federal Police Act could also result in civil liabilities, including compensation for any damages caused by such breaches. The exact penalties would depend on the nature and severity of the breach, but they could range from fines to more severe punitive measures.