Australian Federal Police Regulations (Amendment)

Overview

The Australian Federal Police Regulations 1981 were enacted to amend the Australian Federal Police Regulations, providing exemptions for certain personnel in respect of qualifying examinations. This legislative instrument was made under the authority of the Australian Federal Police Act 1979 by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The key policy objective behind these regulations is to streamline the process of qualifying examinations for individuals transitioning from the Australian Federal Police to other non-commissioned officer positions, such as Constable or Protective Service Constable, by recognising prior relevant qualifications. This amendment specifically aims to exempt these individuals from retaking certain qualifying examinations if they have already passed equivalent examinations while serving in other police forces.

Scope and Application

The Australian Federal Police Regulations (Amendment) 1981 applies to individuals who are or have been members of the Australian Federal Police (AFP), the Commonwealth Police Force, or the Police Force of the Australian Capital Territory. Specifically, the amendment modifies the exemption criteria for certain qualifying examinations, particularly for those who have resigned from the AFP and have subsequently been appointed as non-commissioned officers such as Constables or Protective Service Constables under section 26 of the Australian Federal Police Act 1979. These regulations are applicable on a national level as they are made under the authority of the Commonwealth of Australia and are therefore binding throughout the country. The regulations provide an exemption from taking a qualifying examination if the individual has previously passed an examination deemed equivalent by the Examination Committee, while they were a member of one of the specified police forces. Furthermore, the amendment to Schedule 2 refines the eligibility criteria for the rank of Sergeant, requiring members to be either Constables holding the grade of Senior Constable or Protective Service Constables holding the grade of Protective Service Senior Constable.

Key Provisions

The Australian Federal Police Regulations 1981 (Amendment) provide key amendments to the existing regulations under the Australian Federal Police Act 1979. Regulation 9, which deals with exemptions in respect of qualifying examinations, has been amended to exempt certain individuals from taking a qualifying examination if they meet specific criteria. Specifically, sub-regulation (4) has been omitted, and sub-regulation (6) has been added (Regulation 9(6)). This new sub-regulation exempts individuals who have resigned from the Australian Federal Police and have been appointed as non-commissioned officers, such as Constables or Protective Service Constables under section 26 of the Act, from taking a qualifying examination if they have previously passed an equivalent examination while serving in the Commonwealth Police Force or the Police Force of the Australian Capital Territory. These regulations impose specific obligations on the parties they govern. For instance, individuals who meet the criteria outlined in Regulation 9(6) must provide evidence of their prior equivalent examination to the Examination Committee to claim exemption from the current qualifying examination. This evidence must be satisfactory to the Examination Committee, which has the authority to determine the equivalency of past examinations. Additionally, the regulations mandate that members aiming for the rank of Sergeant must meet certain grade requirements: they must either be a Constable holding the grade of Senior Constable or a Protective Service Constable holding the grade of Protective Service Senior Constable (Schedule 2, Item 1). The amendments also establish consequences for non-compliance with these provisions. While the specific offences and penalties are not detailed within the text provided, breaches of regulations under the Australian Federal Police Act 1979 may generally lead to administrative, civil, or criminal penalties. These can include fines, suspension, or other disciplinary actions against individuals who fail to adhere to the regulatory requirements. The precise nature and extent of these penalties would typically be outlined in the main Act or in further subsidiary legislation. The regulations underscore the importance of adhering to the stipulated criteria for examination exemptions and rank qualifications to ensure the proper functioning and integrity of the Australian Federal Police.