Australian Protective Service Regulations

Overview

The Australian Protective Service Act 1987 was enacted to establish the Australian Protective Service, which is responsible for the protection of the Australian Government and its employees. The Act was introduced to address the need for a specialised protective service capable of safeguarding the interests and safety of government officials, particularly in a political and international context. The Australian Parliament enacted this legislation, aiming to provide a robust framework for the service's operations. The Australian Protective Service Regulations, which were also introduced in 1987, serve to prescribe the oath and affirmation that officers must take before assuming their duties, ensuring their commitment to loyalty, objectivity, and diligent performance as stipulated in the Act. The overarching policy objective is to uphold the integrity and security of the Australian Government through the effective functioning of the Australian Protective Service.

Scope and Application

The Australian Protective Service Act 1987, as supplemented by the Australian Protective Service Regulations 1987, applies to protective service officers who are entrusted with specific powers and duties under the Act. These officers are mandated to take an oath or affirmation before assuming their roles, which serves to bind them to the loyalty of the Crown and to ensure that they perform their duties objectively and diligently. The Act and its associated Regulations apply across the Commonwealth of Australia, impacting federal entities and individuals who are designated as protective service officers. The oath and affirmation prescribed by the Regulations are outlined in the Schedule to the Regulations, detailing the commitments that officers must make before they can exercise their powers. Notably, these Regulations do not extend or restrict the application of the Act beyond what is specified; they are purely formal and serve to ensure that the officers are duly sworn in before performing their duties. There are no exclusions, exemptions, or thresholds specified in the text that limit the application of the Act or Regulations, except for the requirement that the prescribed oath or affirmation must be taken by the relevant officers.

Key Provisions

The Australian Protective Service Act 1987 (the Act) establishes the framework within which the Australian Protective Service (APS) operates, with key sections outlining the roles and responsibilities of its officers. Section 6 (1) defines the principal functions of the APS, which include providing personal protective services to designated persons, such as the Governor-General, and executing certain duties related to security operations and investigations. Section 10 (1) specifies that officers must be sworn in or affirmed before they can exercise their powers and duties, as outlined in Regulation 3 of the Australian Protective Service Regulations 1987 (the Regulations). This requirement ensures that officers are legally bound to the terms of their oath or affirmation. The Act imposes several obligations on APS officers. Section 7 (1) mandates that officers must act in accordance with the law, exercising their powers and performing their duties with due care and diligence. Section 10 (2) requires officers to take an oath or affirmation before assuming their roles, binding them to the solemn promises detailed in the Schedule of the Regulations. These obligations are intended to ensure that the APS operates within legal boundaries and with a high degree of professionalism. Additionally, Section 16 (1) requires officers to maintain confidentiality regarding certain information they may encounter in the course of their duties. Breach of the obligations and requirements outlined in the Act can result in various consequences. Section 21 (1) states that officers found to have acted negligently or maliciously can be subject to disciplinary action, potentially including dismissal from service. Section 22 (1) outlines that officers who intentionally breach their oath or affirmation can be prosecuted under the Crimes Act 1914, potentially facing criminal charges. The maximum penalties for such offences are not explicitly stated in the Act but would be determined in accordance with the Crimes Act 1914. Furthermore, Section 23 (1) provides that officers who make false statements under the Act can be subject to fines or imprisonment, as prescribed by the relevant legislation. These provisions underscore the seriousness with which the Act treats violations of its requirements.