EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 344
Issued by the authority of the Minister for Justice
Australian Federal Police Act 1979
Australian Federal Police Regulations (Amendment)
The purpose of these amendments to the Australian Federal Police Regulations is:
• to provide for review of non-appellable promotions by the Merit Protection and Review Agency in relation to members and staff members of the Australian Federal Police.
Notes on individual clauses are set out below:
The regulation inserts a new Division 3 of Part III into the Principal Regulations - “Review by Merit Protection and Review Agency of non-appellable promotion decisions”.
Proposed subregulation 33(1) defines “Agency” as the Merit Protection and Review Agency and “non-appellable promotion” as a promotion to a rank prescribed by the Australian Federal Police regulations.
Proposed subregulation 33(2) specifies that applications for review of non-appellable promotions be made within 7 days of the notification of that promotion in the Police Gazette.
Proposed subregulation 33(3) specifies that where the Agency seeks an application for review of a non-appellable promotion, the Agency must give the Commissioner a copy of that application no later than 7 days after the end of the period referred to in subregulation 33(2).
Proposed subregulation 33(4) authorises the Agency to ask for information relating to a promotion. If asked the Commissioner must, within 14 days, provide to the Agency all documents relating to the promotion held by the Australian Federal Police and any comments the Commissioner wishes to make relating to the application for review.
Proposed subregulation 33(5) requires that the Commissioner advise the applicant for review, the officer promoted and Agency the result of his reconsideration of a promotion where the Agency has recommended that a promotion be cancelled.
Proposed regulation 33A prescribes the ranks, promotion to which would be non-appellable under section 36B of the Act.
| Authority: | Sections 36B and 70 of the Australian Federal Police Act 1979 |