Complaints (Australian Federal Police) Regulations (Amendment)

Overview

The Complaints (Australian Federal Police) Regulation (Amendment) Statutory Rule 1984 No. 11, issued by the Special Minister of State, was enacted to amend the existing regulations governing complaints against the Australian Federal Police (AFP). This amendment was introduced to address the issue of financial burden placed on AFP members when their cases are dismissed after they have incurred expenses in organising their defence. The amendment was proposed by the Australian Federal Police Association (AFPA) and supported by the Attorney-General, the President of the AFP Disciplinary Tribunal, and the Commissioner of the AFP. The policy objective of this amendment is to provide a mechanism for the AFP Disciplinary Tribunal to award costs in cases where proceedings against an AFP member are not proceeded with, thereby ensuring that the member does not suffer a financial loss as a result of the dismissed case.

Scope and Application

The Complaints (Australian Federal Police) Regulation (Amendment) (The Regulations) applies to members of the Australian Federal Police (AFP) who have been required to organise and bear the expense of their defence in disciplinary proceedings. These proceedings are overseen by the AFP Disciplinary Tribunal. The Regulations allow for the Tribunal to award costs to a member if the proceedings are not proceeded with after they have already incurred the expense of mounting their defence. This amendment is in response to a proposal by the Australian Federal Police Association, which has been supported by the Attorney-General, the President of the Tribunal, and the Commissioner of the AFP. The scope of this amendment is confined to the disciplinary proceedings of the Australian Federal Police, and does not extend to any other law enforcement agencies or entities. The Regulations are subject to amendment through subordinate instruments, which may further refine the conditions under which costs can be awarded and the procedures to be followed.

Key Provisions

The main provisions of the Complaints (Australian Federal Police) Regulation (Amendment) (the Regulations) involve alterations to the existing framework for complaints and disciplinary proceedings against members of the Australian Federal Police (AFP). Section 1(1) of the Statutory Rule 1984 No. 11 specifies that the Regulations will be amended to allow the AFP Disciplinary Tribunal to award costs in cases where disciplinary proceedings against a member are not pursued after the member has incurred expenses in organising their defence. This amendment is designed to ensure that members of the AFP who are compelled to organise their defence but whose cases are subsequently not proceeded with do not bear the financial burden of their defence alone (section 1(2)). The Regulations impose obligations on the AFP Disciplinary Tribunal to consider the financial circumstances of the member when deciding whether to award costs. The Tribunal must assess whether the member has incurred expenses in organising their defence and whether the decision not to proceed with the disciplinary proceedings was reasonable and justified. If the Tribunal determines that the member has borne reasonable expenses and the proceedings were not proceeded with unjustly, it must award costs to the member (section 2(1) and (2)). Additionally, the Regulations require the Tribunal to provide a written explanation for its decision on the award of costs, ensuring transparency and accountability in its processes (section 2(3)). In terms of penalties and consequences for breach, the Regulations do not explicitly outline specific offences or penalties for failing to comply with the requirements to award costs. However, non-compliance with the Tribunal’s decision to award costs could potentially lead to legal challenges or appeals by the aggrieved member, which could result in further administrative and judicial scrutiny. The primary consequence of not adhering to the amended Regulations would be the financial hardship to the member who has organised their defence but was not proceeded with in the disciplinary proceedings (section 3(1)). The Regulations aim to mitigate this by ensuring the Tribunal considers and awards costs where appropriate, thereby upholding the principle of fairness in disciplinary processes.