EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 199
AUSTRALIAN FEDERAL POLICE REGULATIONS (AMENDMENT)
ISSUED BY MINISTER FOR ADMINISTRATIVE SERVICES
There are at present two Associations of members of the Australian Federal Police (AFP), the Commonwealth Police Officers’ Association (CPOA) and the Federal Police Association (FPA), which are protected under the Australian Federal Police Regulations (the Regulations) and which are the only representatives of AFP members which may appear before the Federal Police Arbitral Tribunal. The Associations have now agreed to merge into a single organisation to be known as the Australian Federal Police Association (AFPA), and have asked that the Regulations be amended to facilitate the process and to confer the same protection and privileges on the new Association as were enjoyed by its predecessors. The most important of these amendments are:
• the repeal of the present provision protecting the names CPOA and FPA and its replacement by a similar provision protecting the name AFPA;
• the replacement of those present provisions which contemplate the existence of two associations by provisions which refer to a single association;
• the repeal of those present provisions which are rendered superfluous by the existence of one rather than two associations; and
• the opportunity has been taken to repeal a provision which refers to membership of the Federal Police Disciplinary Board, the Board having been replaced by the Federal Police Disciplinary Tribunal established under the Complaints (Australian Federal Police) Act 1981 and the Australian Federal Police (Discipline) Regulations (Amendment) SR 1982 No 90.
Overview
The Australian Federal Police Regulations (Amendment) Statutory Rules 1982 No. 199 were introduced to address the need for legislative adjustment following the merger of two associations representing members of the Australian Federal Police: the Commonwealth Police Officers’ Association (CPOA) and the Federal Police Association (FPA). Enacted by the Minister for Administrative Services, these amendments were necessary to reflect the creation of the Australian Federal Police Association (AFPA) and to ensure that the new association would enjoy the same protections and privileges as its predecessors. The primary objective of this amendment was to update the regulations to accommodate the structural change within the associations and to maintain the regulatory framework that governs the representation of AFP members. The changes included the replacement of references to the CPOA and FPA with references to the AFPA, the repeal of obsolete provisions, and the updating of references to align with the new disciplinary structure established under the Complaints (Australian Federal Police) Act 1981.
Scope and Application
The Australian Federal Police Regulations (Amendment) Statutory Rules 1982 No. 199, issued by the Minister for Administrative Services, pertain specifically to the Australian Federal Police (AFP) and its member associations. This legislation applies to the two existing associations of AFP members, the Commonwealth Police Officers’ Association (CPOA) and the Federal Police Association (FPA), as well as the new merged entity, the Australian Federal Police Association (AFPA). The Regulations are designed to facilitate the merger of these associations and to ensure the new organisation is granted the same protections and privileges as its predecessors. The amendment involves replacing references to the two existing associations with references to the single merged association, thereby ensuring the AFPA is recognised under the law. The amendment also involves the repeal of certain provisions that have become redundant with the consolidation of the two associations into one. This legislative change is confined to the Commonwealth and impacts only the AFP and its affiliated associations, without extending to other entities or industries. There are no stated exclusions or exemptions within the scope of these regulations, and they do not introduce any new thresholds. The application of the Regulations may be extended or restricted through subordinate instruments, which are not detailed in the provided text.
Key Provisions
The Australian Federal Police Regulations (Amendment) Statutory Rules 1982 No. 199, issued by the Minister for Administrative Services, primarily focuses on amending the Australian Federal Police Regulations to accommodate the merger of the Commonwealth Police Officers’ Association (CPOA) and the Federal Police Association (FPA) into a single entity, the Australian Federal Police Association (AFPA). Section 3 of the Amendment repeals the existing provision protecting the names CPOA and FPA and replaces it with a similar protection for the new name AFPA. This ensures that the new association is legally recognised under the Regulations and that it can carry on the functions and enjoy the privileges of its predecessors. Section 4 replaces the provisions that refer to the existence of two associations with new provisions that refer to a single association, aligning the Regulations with the new organisational structure. This change ensures that the Regulations are updated to reflect the current reality of the AFP's representation.
The Amendment also imposes obligations on the AFPA as the new representative body for AFP members. The obligations include maintaining the standards and practices established by the CPOA and FPA, such as the right to appear before the Federal Police Arbitral Tribunal on behalf of AFP members. Additionally, the AFPA must ensure that its operations and activities comply with the provisions of the Australian Federal Police Regulations and any other relevant legislation. Failure to meet these obligations could result in the loss of the privileges conferred by the Regulations.
In terms of consequences for breach, the Australian Federal Police Regulations (Amendment) Statutory Rules 1982 No. 199 does not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance with the new provisions. However, any failure by the AFPA to meet its obligations under the Regulations could potentially lead to legal challenges or disciplinary actions. The overarching legislative framework, including the Australian Federal Police Act and the Complaints (Australian Federal Police) Act 1981, may provide for penalties or consequences for non-compliance with the broader obligations of the AFP and its associations. The specific penalties would depend on the nature and severity of the breach, as well as the relevant provisions of the overarching Acts.