Australian Federal Police Regulations (Amendment)

Overview

The Australian Federal Police Regulations (Amendment) Statutory Rule 1984 No. 296, issued by the Special Minister of State, was enacted to amend the Australian Federal Police Act 1979 and the Australian Federal Police Regulations in response to the government's decision to abolish the Protective Service Component of the Australian Federal Police and establish a new ‘Australian Protective Service’ within the Department of Administrative Services. This legislative amendment was also designed to implement the recommendations of the Joint Management Review of the Australian Federal Police where a head of power existed. The overarching policy objective of these amendments was to refine the operational structure and management processes of the Australian Federal Police, ensuring it remains effective and responsive to the needs of the Australian government and its citizens. The amendments to the Australian Federal Police Regulations introduced a series of significant changes, including the deletion of references to the Australian Federal Police as a two-component force, the imposition of a responsibility on the Commissioner for the proper conduct of training courses, the establishment of prerequisites for training, the removal of seniority as a criterion for promotion, and the improvement of processing times for appeals. Additionally, the amendments provided transitional arrangements to protect the appointments, promotions, appeal rights, and oaths of current members transitioning to the new Australian Protective Service, as well as preserving the terms and conditions of service for those retiring on medical grounds.

Scope and Application

The Australian Federal Police Regulations (Amendment) Statutory Rule 1984 No. 296 amends the Australian Federal Police Regulation to reflect the recent governmental decision to disband the Protective Service Component of the Australian Federal Police and establish a new ‘Australian Protective Service’ within the Department of Administrative Services. This amendment applies to the Australian Federal Police as an entity and its members, and it is designed to facilitate the transition and integration of affected personnel into the new service. The amendments are intended to align the regulation with the legislative changes required by the establishment of the Australian Protective Service and the resultant restructuring within the Australian Federal Police. Geographically, the changes pertain to the Commonwealth level, impacting the federal policing framework. The amendments introduce several significant changes to the regulation, including the deletion of references to the Australian Federal Police as a two-component force, the imposition of a responsibility on the Commissioner for the conduct of a training program, the establishment of prerequisites for training courses, the removal of seniority as a criterion for promotion in favour of relative efficiency, improvements to the processing time for hearing appeals, and the provision of transitional arrangements to safeguard the rights and conditions of current members during the transition. These changes are designed to ensure a smooth operational shift while maintaining the integrity and effectiveness of the Australian Federal Police.

Key Provisions

The Australian Federal Police Regulations (Amendment) Statutory Rule 1984 No. 296 introduces significant changes to the Australian Federal Police Regulations (the Regulation). One of the primary changes is the deletion of references to the Australian Federal Police (AFP) being a two-component force, which reflects the abolition of the Protective Service Component and the establishment of the Australian Protective Service (section 1). The Commissioner of the AFP is now required to oversee a program of training courses for AFP members, with established prerequisites for these courses (section 2). Additionally, the amendments remove seniority as a criterion for promotion and emphasise relative efficiency as the primary criterion (section 3). The new regulations impose several obligations on the AFP and its members. The Commissioner must ensure that all AFP members undergo the mandated training courses, adhering to the established prerequisites (section 4). Furthermore, promotions within the AFP will be based on relative efficiency rather than seniority, necessitating a shift in the criteria used for advancement (section 5). The processing time for appeals related to promotions and other disciplinary matters must be improved to ensure timely resolution of such issues (section 6). Breaches of the amended regulations may lead to various consequences. While the specific offences and penalties are not detailed in the provided text, the regulations generally permit the imposition of fines and other penalties for non-compliance (section 7). The maximum penalties for breaches could vary depending on the nature and severity of the offence, but they are not explicitly stated in the provided information. It is advisable for affected parties to refer to the full text of the regulations or seek legal advice for precise details on potential penalties.