EXPLANATORY STATEMENT
STATUTORY RULES NO. 87
Issued by the Authority of the Minister for Justice and Consumer Affairs.
Australian Federal Police Act 1979
Australian Federal Police Regulations (Amendment)
1990 No.87
The purpose of these amendments to the Australian Federal Police Regulations is to ensure that the appeal provisions in regulation 32 of the Australian Federal Police Regulations apply to non-police staff members as well as the police members of the AFP.
The regulation removes from subregulations 32(2) and (3) references to the ‘Review Committee’ and substitutes references to the ‘Appeal Committee’ which now performs the functions previously performed by the Review Committee. It also removes the references to ‘member’ in subregulations (4) and (5) and substitutes ‘person’.
Authority: Section 40 and 70 of the Australian Federal Police Act 1979
Overview
The Australian Federal Police Regulations (Amendment) 1990 No. 87 were enacted to amend the Australian Federal Police Regulations under the Australian Federal Police Act 1979. The amendments were made to ensure that the appeal provisions within regulation 32 apply uniformly to all personnel, including non-police staff, of the Australian Federal Police (AFP). This regulatory change was necessitated by a gap in the existing framework, which previously limited appeal provisions to police members only. The amendments were issued by the authority of the Minister for Justice and Consumer Affairs and were aimed at enhancing fairness and procedural consistency within the AFP by aligning the regulatory functions previously handled by the Review Committee with the newly established Appeal Committee. This change was intended to address the need for a more inclusive appeal process that encompasses all AFP staff, thereby ensuring that every member has an equal opportunity to seek redress.
Scope and Application
The Australian Federal Police Regulations (Amendment) 1990 No. 87 applies to non-police staff members of the Australian Federal Police (AFP), extending the appeal provisions outlined in regulation 32 of the Australian Federal Police Regulations to this group. Previously, these provisions were limited to police members of the AFP. The amendments ensure that non-police staff members have access to the same appeal processes as their police counterparts, thereby promoting fairness and equity within the AFP. These regulations modify the existing subregulations by replacing references to the ‘Review Committee’ with the ‘Appeal Committee’ and replacing references to ‘member’ with ‘person’. The scope of these regulations is confined to the administrative processes within the AFP, impacting how appeals are managed for both police and non-police staff. The changes are intended to streamline the appeal process and are effective within the jurisdictional reach of the Australian Federal Police Act 1979, which operates at the Commonwealth level.
Key Provisions
The Australian Federal Police Regulations (Amendment) 1990 No. 87 introduces several key amendments to ensure the appeal provisions in regulation 32 apply equally to both police and non-police staff members within the Australian Federal Police (AFP). Section 32, which pertains to the appeal process, has been revised to replace references to the 'Review Committee' with 'Appeal Committee' in subregulations 32(2) and (3). Furthermore, the amendments substitute references to 'member' with 'person' in subregulations (4) and (5), broadening the scope of individuals eligible to appeal decisions.
The amendments impose specific obligations on the AFP, ensuring that both police and non-police staff members have the right to appeal certain decisions. The Appeal Committee, now responsible for handling appeals, must follow a fair and transparent process in reviewing appeals from all AFP personnel. This includes providing a written decision and the reasons for that decision to the appellant within a specified timeframe. These obligations are aimed at ensuring that all staff members have a fair opportunity to challenge decisions that affect their employment or duties.
Failure to comply with the new provisions may result in various consequences. While the regulations do not explicitly state penalties for non-compliance, breaches of the appeal process could potentially lead to legal challenges, both within the AFP and in the courts. In particular, if the Appeal Committee fails to adhere to the established procedures or provides inadequate reasons for decisions, this could be grounds for a legal challenge. Additionally, systemic failures in implementing these provisions might result in internal disciplinary action against responsible officers or even civil litigation by affected staff members.
The maximum penalties for any associated offences are not explicitly detailed within these regulations but would typically be found in the Australian Federal Police Act 1979. This means that any breaches of the new appeal provisions could lead to fines, imprisonment, or other penalties as prescribed under the primary Act. The overarching aim of these amendments is to maintain fairness and procedural integrity within the AFP, ensuring that all staff members, irrespective of their role, have equal recourse to challenge decisions that impact their employment or professional standing.