Complaints (Australian Federal Police) Regulations (Amendment) 1993 No. 307
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 307
Issued by the Authority of the Minister for Justice
Complaints (Australian Federal Police) Act 1981
Complaints (Australian Federal Police) Regulations (Amendment)
The purpose of this amendment is to replace the existing standard of proof which is applied in disciplinary proceedings before the Australian Federal Police Disciplinary Tribunal (the Tribunal). Under the current regulations, the criminal standard of proof beyond reasonable doubt is required. This is to be replaced by the civil standard of proof on the balance of probabilities.
Regulation 1 provides that the Complaints (Australian Federal Police) Regulations are amended.
Regulation 2 amends the present regulation 9, which applies the criminal standard of proof beyond reasonable doubt in proceedings before the Tribunal. The amendment applies the civil standard of proof on the balance of probabilities in such proceedings. The level of proof required in these disciplinary proceedings will not be significantly different as a result of this change where the breach of discipline is serious. This is because the test provides for a higher standard of proof depending on the seriousness of the issue and the gravity of consequences flowing from an adverse finding of the Tribunal. The amendment ensures that the Australian Federal Police's internal disciplinary scheme is an effective personnel management tool, and is consistent with the standard of proof required in most other Australian police forces. A similar amendment has been made to the Australian Federal Police (Discipline) Regulations.
Overview
The Complaints (Australian Federal Police) Regulations (Amendment) 1993 No. 307 was enacted to address the standard of proof applied in disciplinary proceedings before the Australian Federal Police Disciplinary Tribunal. The Act amends the existing regulations to transition from the criminal standard of proof, beyond reasonable doubt, to the civil standard, on the balance of probabilities. This shift aims to ensure the Australian Federal Police's internal disciplinary scheme remains an effective personnel management tool, aligning it with the standards of most other Australian police forces. The amendment is consistent with the overarching policy objective of maintaining fairness and efficiency within the disciplinary process, ensuring that the seriousness of the breach and the gravity of the consequences are adequately considered. This change was authorised by the Minister for Justice and was issued under the Complaints (Australian Federal Police) Act 1981.
Scope and Application
The Complaints (Australian Federal Police) Regulations (Amendment) 1993 No. 307 applies to disciplinary proceedings before the Australian Federal Police Disciplinary Tribunal, which handles complaints against the Australian Federal Police (AFP). This amendment pertains to individuals who are subject to disciplinary action within the AFP and any proceedings that arise from these complaints. The amendment seeks to alter the standard of proof required in such proceedings from the criminal standard of proof beyond reasonable doubt to the civil standard of proof on the balance of probabilities. This change ensures the internal disciplinary scheme of the AFP remains an effective tool for personnel management, aligning it with the disciplinary standards of most other Australian police forces.
The application of this amendment is confined to the Australian Federal Police and proceedings before the Australian Federal Police Disciplinary Tribunal, thus it has a specific jurisdictional reach within the Commonwealth. The amendment does not extend beyond these confines, and no broader geographic or jurisdictional scope is indicated. The amendment does not specify any exclusions or exemptions, and it applies universally to all relevant proceedings under the Complaints (Australian Federal Police) Act 1981. The amendment itself does not provide for further extensions or restrictions through subordinate instruments.
Key Provisions
The main operative sections of the Complaints (Australian Federal Police) Regulations (Amendment) 1993 No. 307 involve amendments to the existing regulations concerning disciplinary proceedings before the Australian Federal Police Disciplinary Tribunal (the Tribunal). Regulation 1 sets the stage for the amendments, while Regulation 2 specifically amends the current regulation 9. This amendment changes the standard of proof required in disciplinary proceedings from the criminal standard of proof beyond reasonable doubt to the civil standard of proof on the balance of probabilities. This alteration aims to ensure that the Australian Federal Police's internal disciplinary scheme functions as an effective personnel management tool and aligns with the standards applied by most other Australian police forces.
The obligations and requirements imposed by the Act on the parties or entities it governs primarily focus on the standard of proof in disciplinary proceedings before the Australian Federal Police Disciplinary Tribunal. The amendment requires that disciplinary proceedings now apply the civil standard of proof on the balance of probabilities rather than the criminal standard of proof beyond reasonable doubt. This change ensures that the level of proof required is appropriate to the seriousness of the breach of discipline and the gravity of the consequences stemming from an adverse finding by the Tribunal. The amendments ensure that the internal disciplinary process of the Australian Federal Police is effective and consistent with other Australian police forces.
There are no specific offences, penalties, or civil/criminal consequences outlined in the explanatory statement for breach of the amended regulations. The regulations primarily focus on the procedural changes in the standard of proof required in disciplinary proceedings rather than introducing new sanctions or penalties for non-compliance. The amendments are designed to streamline the disciplinary process within the Australian Federal Police, ensuring it operates effectively and consistently with other police forces in Australia. The changes aim to enhance the efficiency and fairness of internal disciplinary proceedings within the force.