Australian Federal Police Regulations (Amendment)

EXPLANATORY STATEMENT

STATUTORY RULES 1990 NO 409

Issued by the Authority of the Minister for Justice

Australian Federal Police Act 1979

Australian Federal Police Regulations (Amendment)

The purpose of the proposed Regulations is, firstly, to include changes to the Australian Federal Police Regulations requested by the Senate Standing Committee on Regulations and Ordinances. These include putting an upper limit on the period that a police member or staff member of the Australian Federal Police (“the AFP”) can be placed on probation (police member - 12 months, staff member - 6 months) and a reduction of the Commissioner’s discretion in relation to his power to direct non-police staff members to perform higher duties. The amendments also vary the fees charged to prescribed Commonwealth authorities (in line with cost variations) and correct some minor drafting errors.

The details of the amendments are as follows:

Regulation 1 provides that the Australian Federal Police Regulations are amended.

Regulation 2 amends subregulation 14(2) to ensure that police members of the AFP can only by appointed on probation for a maximum of 12 months. It also gives the Commissioner discretion to reduce that period or waive it completely. Currently, it would be possible to increase the period. This was never intended and the Senate Standing Committee on Regulations and Ordinances was advised that it would be corrected.

Regulation 2 also amends subregulation 14(2AA) to ensure that non-police staff members of the AFP can only be appointed on probation for a maximum of 6 months. Again it also gives the Commissioner the discretion to reduce that period or waive it completely. This amendment is consistent with the amendment to subregulation 14(2).

Regulation 3 amends paragraph 18A(6)(f) to reduce the Commissioner’s discretion in relation to the matters to which he must have regard to when making the decision to direct a staff member to perform higher duties. Instead of being allowed to consider any other matter he thinks relevant, the Commissioner will only be allowed to consider those factors which are relevant to the discharge of the duties in the contemplated position. This amendment makes the provision consistent with paragraph 5(3)(f) of the Regulations which sets out the criteria to determine whether a staff member is competent and qualified to hold a certain permanent position. It will also follow the recommendations of the Senate Standing Committee on Regulations and Ordinances.

Regulation 4 amends subregulation 18B(3) to correct minor drafting errors.

Regulation 5 amends paragraph 26(1)(a) and subparagraph 26(2)(b)(i) by inserting references to ‘level’ after ‘rank’. These amendments are as a consequence of the new AFP career structure and ensure that the same appeal procedures apply to police and non-police staff.

Regulation 6 amends subregulation 33(5) by requiring the Commissioner to notify appeal results in writing. Currently, this may be done orally. This change follows recommendations of the Senate Standing Committee on Regulations and Ordinances.

Regulation 7 amends Part 1 of Schedule 7 by providing that the Civil Aviation Authority is a prescribed authority of the Commonwealth for the purposes of the Regulations. As with many other Commonwealth authorities, the Civil Aviation Authority will therefore be required to pay for police services such as record checks and provision of photographs, in accordance with Part 2 of Schedule 7.

Regulation 7 also amends Part 2 of Schedule 7 to vary the fees charged to prescribed Commonwealth Authorities for various police services in line with variations in costs.