Australian Federal Police Regulations (Amendment)

Overview

The Australian Federal Police Regulations (Amendment) 1996 No. 171 was enacted to address a gap in the regulatory framework surrounding the Australian Federal Police (AFP) and its personnel management practices. This amendment to the Australian Federal Police Regulations 1979 is authorised by Section 70 of the Australian Federal Police Act 1979, which allows the Governor-General to make regulations for the good governance of the AFP. The primary objective of this particular amendment is to declare the Australian Federal Police and Torres Strait Islander Employment Development Program as an approved program, enabling the Commissioner of the AFP to consider this program when exercising powers related to the appointment, transfer, or promotion of AFP appointees. This amendment seeks to integrate targeted employment development initiatives with the broader operational and administrative framework of the AFP, thereby enhancing the inclusivity and effectiveness of the force.

Scope and Application

The Australian Federal Police Regulations (Amendment) 1996 No. 171 applies to the Australian Federal Police and the Torres Strait Islander Employment Development Program, introducing specific amendments to regulation 39AB of the Australian Federal Police Regulations. The amendment serves to declare the Torres Strait Islander Employment Development Program as an approved program under the Australian Federal Police Act 1979. This declaration allows the Commissioner of the AFP to utilise the program when exercising powers related to the appointment, transfer, or promotion of AFP appointees. The scope of this amendment is confined to the administrative framework of the AFP and does not extend beyond its regulatory provisions. This regulation operates under the authority of the Commonwealth of Australia, thereby affecting the operational jurisdiction of the Australian Federal Police nationwide. There are no exclusions or exemptions outlined in this amendment, and it does not alter the geographic reach or jurisdictional application of the Australian Federal Police Act 1979.

Key Provisions

The Australian Federal Police Regulations (Amendment) 1996 No. 171 introduces amendments to the existing Australian Federal Police Regulations, specifically targeting regulation 39AB. This amendment, as outlined in Regulation 2, declares the Australian Federal Police and Torres Strait Islander Employment Development Program as an approved program under paragraph 36A(4)(b) of the Australian Federal Police Act 1979 (the Act). This declaration allows the Commissioner of the AFP to implement this program when exercising their powers related to the appointment, transfer, or promotion of AFP appointees (Reg. 2). This provision is intended to ensure that the AFP's internal employment practices align with broader employment development initiatives, particularly those targeting Torres Strait Islander communities. Under the amended regulation 39AB, the AFP is obligated to follow the guidelines and objectives set forth in the Australian Federal Police and Torres Strait Islander Employment Development Program. The obligations imposed on the AFP include ensuring that their recruitment, promotion, and transfer processes are consistent with the program's goals. This involves creating and maintaining policies and procedures that support the employment and career development of Torres Strait Islander individuals within the AFP. These obligations aim to foster diversity and inclusion within the AFP, providing equal opportunities for Torres Strait Islander people in line with the program’s objectives (Reg. 2). Failure to comply with the provisions of the amended regulation 39AB could result in significant consequences. Although the specific penalties are not detailed in the explanatory statement, breaches of regulations under the Australian Federal Police Act 1979 could potentially lead to disciplinary action against AFP officers or administrative penalties imposed on the AFP as an institution. The penalties may vary depending on the nature and severity of the breach, but they could include formal reprimands, demotions, or other administrative sanctions. These measures ensure that the AFP adheres to the legislative requirements designed to support the employment development program for Torres Strait Islander individuals.