Australian Federal Police Regulations (Amendment)

Administered by Attorney-General's Department

Legislation au F1996B01368 Regulations Not in force Legislative Instrument

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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which deals with parties to appeals, by removing a reference to a redeployment mechanism set up under a now repealed provision of the Act.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

 

Overview

The Australian Federal Police Regulation (Amendment) Statutory Rules 1989 No. 362 were issued by the Authority of the Minister for Justice to amend the Australian Federal Police Regulations in response to the Australian Federal Police Legislation Amendment Act 1989 and the Australian Federal Police Legislation Amendment (No. 2) Act 1989. These regulations aim to implement new provisions concerning redeployment and retirement systems, as well as promotions and appeals within the Australian Federal Police. Enacted by the Australian Parliament, the policy objective is to streamline and update the regulatory framework governing the Australian Federal Police in alignment with the legislative amendments, ensuring efficient and fair processes for promotions, appeals, and redeployment or retirement within the force. These amendments are intended to reflect the new operational landscape introduced by the legislative changes, providing clarity and procedural updates for the administration of the Australian Federal Police. By aligning the regulations with the updated legislative framework, these amendments aim to enhance the effectiveness and fairness of the internal processes for promotions, appeals, and redeployment within the force. The regulations ensure that the operations of the Australian Federal Police continue smoothly under the new legal provisions, addressing any gaps or issues that may have arisen due to the legislative amendments.

Scope and Application

The Australian Federal Police Regulation (Amendment) Statutory Rules 1989 No. 362, issued under the authority of the Minister for Justice, amends the Australian Federal Police Regulations to implement changes brought about by the Australian Federal Police Legislation Amendment Act 1989 and the Australian Federal Police Legislation Amendment (No. 2) Act 1989. These amendments focus on restructuring the redeployment and retirement systems, and addressing matters such as promotions and appeals within the Australian Federal Police (AFP). The amendments apply to both members and staff of the AFP, extending the scope of the regulations to cover a broader range of personnel and transactions within the organisation. The changes are designed to streamline procedures for appeals and appointments, ensuring that the new legislative framework is effectively implemented and that the operations of the AFP are aligned with the updated legal requirements. The regulations will come into effect concurrently with the Australian Federal Police (No 2) Act, ensuring consistency and coherence in the application of the new provisions.

Key Provisions

The Australian Federal Police Regulation (Amendment) Statutory Rules 1989 No. 362 primarily amend the Australian Federal Police Regulations to align with changes introduced by the Australian Federal Police Legislation Amendment Act 1989 and the Australian Federal Police Legislation Amendment (No. 2) Act 1989. These amendments focus on the new redeployment and retirement system (section 12 of the 1989 Amendment Act) and the procedures for promotions and appeals (section 11 of the 1989 Amendment (No. 2) Act). Regulation 1 ensures that the amended regulations come into effect simultaneously with the relevant acts. Regulation 2 defines the "Principal Regulations" as the Australian Federal Police Regulations, and Regulation 3 modifies the "Interpretation" section to include a definition of "Appeal Committee" while removing the definition of "Review Committee". Regulation 4 changes the heading of Part IIA to "Part 2A - APPEALS". Regulation 5 introduces a new regulation 14J to define "appeal" for the purposes of the specified regulations. Regulation 6 updates regulation 14K to remove references to a redeployment mechanism, and Regulation 7 replaces regulation 14L to address the consolidation of appeals against promotions and directions to act in a higher position. The obligations imposed by these regulations include defining terms and establishing procedures for appeals, promotions, and transfers within the Australian Federal Police (AFP). The regulations require the Commissioner to advertise vacant positions in the Police Gazette and allow for discretion in advertising more broadly. Selection committees must choose the most efficient applicant for a vacancy, irrespective of their rank or whether they are within or outside the AFP. The regulations also mandate that the Merit Protection Review Agency notify the Commissioner of appeals and require the Commissioner to provide specific documents to the agency before it considers an appeal. These provisions ensure that the new redeployment and retirement system is effectively implemented and that the procedures for promotions and appeals are streamlined and fair. The amendments introduce several offences and penalties for breaches of the regulations. While the specific penalties are not detailed in the explanatory statement, it is implied that breaches of these regulations could result in legal consequences. For instance, failure to follow the prescribed procedures for appeals, promotions, or transfers could lead to the nullification of decisions or other administrative penalties. The regulations are designed to ensure that the new system operates smoothly and that all parties are aware of their rights and obligations under the amended framework. The transitional provisions in Regulation 19 ensure that the current administration remains in effect for most existing members until they transition to the new system established by the acts.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.