EXPLANATORY STATEMENT
Australian Federal Police Act 1979
Australian Federal Police Regulations (Amendment)
1985 No. 82
This amendment corrects an oversight in an earlier saving provision. Qualifying examinations for promotion of members of the Australian Federal Police (AFP) have been replaced by training courses, but the Examination Committee was empowered to hold a final round of examinations in 1985. The intention was that all members who had acquired partial qualifications under the earlier system would be given an opportunity to complete those qualifications.
This amendment ensures that partially qualified members who sat examinations before October 1984 will be eligible for the final round.
Overview
The Australian Federal Police Regulations (Amendment) 1985 No. 82 was introduced to address an oversight in the Australian Federal Police Act 1979, specifically in relation to the transition from examinations to training courses for the promotion of members of the Australian Federal Police (AFP). The amendment was enacted to ensure that those members who had acquired partial qualifications under the former system would have an opportunity to complete their qualifications, as initially intended. The Australian Federal Police Regulations (Amendment) was enacted by the relevant legislature to amend the Australian Federal Police Regulations to rectify this oversight and align with the original policy objective of providing all partially qualified members with the opportunity to sit the final round of examinations held in 1985. The policy objective of this amendment was to provide clarity and fairness in the promotion process for AFP members by allowing those who were partially qualified under the previous system to complete their qualifications.
Scope and Application
The Australian Federal Police Act 1979, as amended by the Australian Federal Police Regulations (Amendment) 1985 No. 82, applies to members of the Australian Federal Police (AFP) who have acquired partial qualifications under the earlier examination system for promotions. The amendment ensures that these partially qualified members who sat their examinations prior to October 1984 are eligible to sit for the final round of examinations that the Examination Committee was empowered to hold in 1985. This legislation is a Commonwealth Act, applying across Australia and is intended to provide clarity and fairness in the transition from the old examination-based promotion system to the new training-based system within the AFP. There are no stated exclusions or exemptions within the scope of this particular amendment, and its application is limited to rectifying the oversight concerning the eligibility of partially qualified members for the final round of examinations. The amendment does not extend or restrict the application of the Act beyond this specific context.
Key Provisions
The Australian Federal Police Act 1979, as amended by the Australian Federal Police Regulations (Amendment) 1985 No. 82, addresses the eligibility of certain members of the Australian Federal Police (AFP) for promotional examinations. Section 2 of the amendment specifies that members who were partially qualified under the previous examination system and who sat for these examinations prior to October 1984 will be eligible to participate in the final round of examinations organised by the Examination Committee in 1985. This ensures continuity and fairness for those who were in the process of completing their qualifications under the old system before the transition to the new training courses.
Under this amendment, the obligations primarily rest on the Examination Committee to ensure that the eligibility criteria are strictly adhered to. They must verify that members who meet the specified conditions—having sat for examinations before October 1984 and having partial qualifications under the old system—are indeed allowed to participate in the final round of examinations. The AFP members themselves are not imposed with additional obligations beyond providing the necessary documentation to prove their eligibility.
For breaches of the provisions outlined in the amendment, there are no specific offences or penalties mentioned in the text. However, any failure by the Examination Committee to correctly apply the eligibility criteria could result in legal challenges or disputes regarding the fairness and legality of the promotional process. Ensuring compliance with the amendment is therefore crucial to avoid potential legal repercussions and maintain the integrity of the AFP’s promotional procedures. The overarching consequence of non-compliance would be the undermining of the amendment's intent to provide a fair transition for partially qualified members.