EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 362
Issued by the Authority of the Minister for Justice
Australian Federal Police Act 1979
Australian Federal Police Regulation (Amendment)
The purpose of these amendments to the Australian Federal Police Regulations is:
(a) to implement matters relating to the new redeployment and retirement system established as a result of section 12 of the Australian Federal Police Legislation Amendment Act 1989.; and
(b) to implement matters, such as promotions and appeals, which are provided for in the Australian Federal Police Legislation Amendment (No. 2) Act 1989.
Notes on clauses are set out below: -
Regulation 1 provides that the regulations specified will come into effect at the same time as the AFP (No 2) Act to which they relate.
Regulation 2 defines the “Principal Regulations” to mean the Australian Federal Police Regulations.
Regulation 3 amends regulation 2 (‘Interpretation’) of the Principal Regulations by inserting a definition of “Appeal Committee” and omitting the definition of “Review Committee”.
Regulation 4 amends the Principal Regulations by replacing the heading to Part IIA, with “Part 2A - APPEALS”.
Regulation 5 inserts new regulation 14J into the Principal Regulations. The new provision defines “appeal” for the purpose of the specified regulations.
Regulation 6 amends regulation 14K of the Principal Regulations, which deals with parties to appeals, by removing a reference to a redeployment mechanism set up under a now repealed provision of the Act.
Regulation 7 replaces regulation 14L of the Principal Regulations which deals with the consolidation of appeals against promotions and directions to act in a higher position.
Regulation 8 amends regulation 14N (‘hearings by Appeal Committee’) of the Principal Regulations to conform with the system for appeals under the new redeployment and retirement system established as a result of section 12 of the Australian Federal Police Legislation Amendment Act 1989.
Regulation 9 amends regulation 15 of the Principal Regulations, which deals with the filling of vacant positions, to apply to staff members as well as members of the Australian Federal Police. It also amends regulation 15 to require the Commissioner to advertise vacant positions in the Police
Gazette, to allow a discretion to advertise more widely and inserts additional exceptions to the requirement to advertise.
Regulation 10 amends regulation 15A (‘selection committees’) of the Principal Regulations by requiring selection committees to select the most efficient applicant for a vacancy irrespective of whether the applicant is of the same level or rank as the vacant position or from within or outside the AFP. The regulation also amends regulation 15A to apply to staff members as well as members.
Regulation 11 repeals regulations 15C (‘further notification - application by non-member’) and 18 (‘Division not to apply in certain cases’) of the Principal Regulations.
Regulation 12 changes the heading of Division 2 of Part 3 of the Principal Regulations which deals with appointments, promotions and transfers.
Regulation 13 repeals regulation 20 (‘notification in the Police Gazette’) of the Principal Regulations and substitutes a provision which deals with notification of a promotion or transfer in the Police Gazette and includes staff members as well as members of the Australian Federal Police.
Regulation 14 amends regulation 22 of the Principal Regulations, which is concerned with cancellation of promotions, to make provision for staff members as well as members.
Regulation 15 replaces regulation 24 of the Principal Regulations, which deals with the situation where an appointment is not taken up, with a simplified provision which applies to staff members as well as members.
Regulation 16 replaces Part IIIA of the Principal Regulations with a new Part 3A, concerned with Appeals in Respect of Redeployment or Retirement. These simplified provisions establish procedures for appeals under the new streamlined redeployment and retirement provisions of the Act inserted under section 12 of the Australian Federal Police Legislation Amendment Act 1989. The provisions are concerned with notices of appeal; prescribed periods for appeal; requirement that the Merit Protection Review Agency notify the Commissioner of appeals and the documents which the Commissioner has to furnish to the Merit Protection Review Agency prior to it considering an appeal.
Regulation 17 amends the Principal Regulations as set out in Schedule 1. It replaces references to “Review Committee” with “Appeal Committee”.
Reflation 18 amends the Principal Regulations as set out in Schedule 2 to apply the regulations to staff members as well as members and extend the regulations to transfers as well as promotions.
Regulation 19 is a transitional provision which will preserve, in accordance with section 55 of the AFP (No 2) Act, the Principal Regulations as in force immediately before these Regulations come into effect. The effect of this regulation
and section 55, which is a transitional provision having effect in relation to the Act, will be to preserve the operation of the current Australian Federal Police administration for most existing members until those members come under the new system established by the AFP (No 2) Act.
| Authority: | Section 70 of the Australian Federal Police Act 1979 |