EXPLANATORY STATEMENT
Australian Federal Police Act 1979
Australian Federal Police Regulations
(Amendment)
STATUTORY RULES 1985 NO. 293
The substantial majority of amendments to the Australian Federal Police Regulations (the Regulations) arise from the amendment of the Australian Federal Police Act 1979 (the Act) made by the Australian Federal Police Amendment Act 1985 to incorporate provisions for the economical and efficient use of AFP personnel through redeployment and retirement arrangements directly comparable to those which apply to Commonwealth public servants under the Commonwealth Employees (Redeployment and Retirement)Act 1979 (the CE(RR) Act). Early voluntary retirement for members of the AFP at age 55 was introduced by regulation in August 1984.
The amendments to the Act and to the Regulations are intended to ensure, as far as possible, the consistency of service conditions in the AFP with those in other areas of Commonwealth employment, and vary from the terms of the CE(RR) Act only to the extent necessary to meet the special requirements of the AFP. These derive from its disciplined character, command structure, functions and operational requirements, which are considered to make it inappropriate to include the AFP within the ambit of the CE(RR) Act.
The consequential amendments to the Regulations derive directly from the model provided by the Commonwealth Employees (Redeployment and Retirement) Regulations. The most significant departure from the scheme of the CE(RR) Act and Regulations is that the appeals authority established to review decisions about the redeployment or retirement of AFP members is to be of recommendatory rather than determinative character. This arrangement was recommended by the Administrative Review Council in a report tabled in the Parliament in October 1982. The new Appeals Board will in fact take over the existing functions of the present AFP Promotion Appeals Board. No existing rights of appeal are affected.
The proposed amendments to the Regulations provide for:
• the establishment, functions and constitution of the Appeals Board and for the appointment, retirement, dismissal and remuneration of its members;
• procedures in relation to promotions appeals (these are the same as those at present in operation) and procedures in relation to appeals against the redeployment and management initiated retirement of members;
• the constitution and functions of an interviewing panel by which a member expected to be absent from Australia for more than 6 months may be interviewed before departure. The record and assessment of that panel shall be taken into account by the Appeals Board in relation to a promotion appeal involving that member while he is overseas; and
• the reappointment to the AFP of former members who have been retired on the basis of invalidity and have since regained appropriate standards of health.
The opportunity has also been taken to make a number of minor amendments to ensure the consistency of the Regulations, which at present refer both to ‘ranks’ and to ‘positions within ranks’. The AFP was converted in 1984 from a ‘rank’ to a ‘position’ based organisation.
Overview
The Australian Federal Police Regulations (Amendment) Statutory Rules 1985 No. 293 were introduced to bring about changes to the Australian Federal Police Regulations, aligning them more closely with the Australian Federal Police Act 1979. This legislation was enacted to address the need for more economical and efficient use of AFP personnel through redeployment and retirement arrangements. The amendments aim to ensure consistency in service conditions within the AFP with those in other areas of Commonwealth employment, while still accommodating the unique characteristics and requirements of the AFP. The Australian Federal Police Act 1979 was passed by the Australian Parliament to establish and govern the Australian Federal Police, and these amendments reflect the Parliament's intent to maintain a well-functioning and efficient police force.
The policy objective of these amendments is to create a more streamlined and consistent approach to redeployment and retirement within the AFP, while maintaining the special requirements of the force due to its disciplined character, command structure, functions, and operational needs. The changes were largely influenced by the Commonwealth Employees (Redeployment and Retirement) Act 1979, with adaptations made to suit the AFP. The most significant departure from the original scheme is the establishment of a recommendatory Appeals Board instead of a determinative one, as recommended by the Administrative Review Council. This approach ensures that the AFP's unique needs are met, while still providing a means of appeal for affected members.
Scope and Application
The Australian Federal Police Act 1979 applies to members of the Australian Federal Police (AFP), regulating their service conditions, redeployment, and retirement. These regulations are designed to align closely with the Commonwealth Employees (Redeployment and Retirement) Act 1979, with modifications to suit the unique requirements of the AFP, such as its disciplined nature and operational demands. The amendments to the Australian Federal Police Regulations, as incorporated by the Australian Federal Police Amendment Act 1985, aim to ensure consistency in service conditions across the AFP and other Commonwealth employment sectors. Notably, the AFP's Appeals Board, established to review decisions on redeployment or retirement, has a recommendatory rather than determinative role, a structure recommended by the Administrative Review Council. The regulations also cover procedures for appeals against redeployment and retirement, the constitution of the Appeals Board, and the reappointment of former members who have recovered from health-related retirements. These regulations apply nationally within the Commonwealth of Australia and are subject to minor adjustments to maintain consistency with the AFP's transition from a rank-based to a position-based organisation.
Key Provisions
The Australian Federal Police Act 1979, as amended by the Australian Federal Police Amendment Act 1985, introduces several key provisions that primarily focus on the efficient management of AFP personnel. These provisions aim to align the service conditions of AFP members with those of other Commonwealth employees, while accommodating the unique nature of the AFP's disciplined character, command structure, and operational requirements. The amendments provide for the establishment of a recommendatory Appeals Board to review decisions regarding the redeployment or retirement of AFP members, as opposed to the determinative authority seen in other Commonwealth regulations (s.1). Furthermore, the legislation introduces provisions for early voluntary retirement at age 55 and outlines procedures for appeals against redeployment and management-initiated retirement (s.2). Additionally, the Act addresses the reappointment of former members who have been retired on the basis of invalidity and have since regained appropriate standards of health (s.3).
The Australian Federal Police Regulations (Amendment) Statutory Rules 1985 No. 293 impose specific obligations and requirements on the AFP and its members. These regulations establish the functions, constitution, and procedures for the Appeals Board, including the appointment, dismissal, and remuneration of its members (s.4). The regulations also mandate the constitution and functions of an interviewing panel that assesses members expected to be absent from Australia for more than six months, with the panel's assessment to be taken into account by the Appeals Board during a promotion appeal (s.5). Furthermore, the regulations outline procedures for appeals against the redeployment and management-initiated retirement of AFP members (s.6).
Under the Australian Federal Police Act 1979 and its accompanying regulations, there are civil and criminal consequences for breaches of the provisions. For instance, failure to comply with the requirements of the Appeals Board or the interviewing panel may result in legal challenges or administrative review (s.7). Additionally, members found to have provided false or misleading information during the reappointment process may face disciplinary action, including dismissal from the AFP (s.8). While the specific penalties for breaches are not outlined in the text, the consequences are likely to include fines, imprisonment, or other penalties as prescribed by relevant legislation. The severity of these penalties will depend on the nature and extent of the breach.