Complaints (Australian Federal Police) Regulations (Amendment) 1992 No. 285
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 285
Issued by the Authority of the Minister for Justice
Complaints (Australian Federal Police) Act 1981
Complaints (Australian Federal Police) Regulations (Amendment)
The purpose of the amendment is to ensure that regulations included in the new Part 4 of the Australian Federal Police (Discipline) Regulations (the Discipline Regulations) are not part of the prescribed regulations for the purposes of section 3(4) of the Complaints (Australian Federal Police) Act 1981.
Regulation 1 provides that the Complaints (Australian Federal Police) Regulations are amended.
Regulation 2 amends the present regulation 3 so as to provide that the Discipline Regulations except Part 4 are the prescribed regulations referred to in the Act. Part 4 provides for mandatory dismissal by the Commissioner of Police of members or staff members of the Australian Federal Police who are convicted of offences under Australian law and unconditionally sentenced to imprisonment for more than 24 hours. The effect of the amended regulation 3 is that there is no provision for a hearing before the Australian Federal Police Disciplinary Tribunal (the Tribunal) where a member or staff member becomes liable to mandatory dismissal under Part 4. The decision being mandatory and based on a question of fact which is not open to dispute, a hearing by the Tribunal would serve no purpose.
Overview
The Complaints (Australian Federal Police) Regulations (Amendment) 1992 No. 285 were enacted to refine the regulatory framework governing complaints against the Australian Federal Police (AFP). This amendment was issued under the authority of the Minister for Justice to ensure the regulations align with the Complaints (Australian Federal Police) Act 1981. The key objective of this amendment is to exclude certain regulations from the scope of prescribed regulations as outlined in section 3(4) of the Act. Specifically, it addresses the new Part 4 of the Australian Federal Police (Discipline) Regulations, which mandates the dismissal of AFP members or staff convicted of offences and sentenced to imprisonment for more than 24 hours. The amendment ensures that these disciplinary measures do not require a hearing before the Australian Federal Police Disciplinary Tribunal, as the decision is based on factual matters that are not subject to dispute. This change aims to streamline the disciplinary process and ensure its efficiency and effectiveness.
Scope and Application
The Complaints (Australian Federal Police) Regulations (Amendment) 1992 No. 285 applies to the Australian Federal Police and their members and staff, specifically targeting conduct and transactions that fall under the purview of the Complaints (Australian Federal Police) Act 1981. This regulation amendment is focused on modifying the existing regulations to ensure that the newly introduced Part 4 of the Australian Federal Police (Discipline) Regulations does not fall under the prescribed regulations outlined in section 3(4) of the Act. The jurisdictional reach of this amendment is federal, as it pertains to the Australian Federal Police, which is a Commonwealth entity. This regulation clarifies that Part 4, which mandates the dismissal of Australian Federal Police members or staff convicted of offences and sentenced to imprisonment for more than 24 hours, does not require a hearing before the Australian Federal Police Disciplinary Tribunal. The amendment highlights that the decision for mandatory dismissal is based on a fact that is not open to dispute, rendering a Tribunal hearing unnecessary. This amendment effectively excludes Part 4 from the scope of the prescribed regulations under the Act, ensuring that the disciplinary process aligns with the legislative intent.
Key Provisions
The key provisions of the Complaints (Australian Federal Police) Regulations (Amendment) 1992 No. 285 primarily involve amendments to the existing regulations under the Complaints (Australian Federal Police) Act 1981. Regulation 1 initiates the amendment process, ensuring that the Complaints (Australian Federal Police) Regulations are updated. Regulation 2 specifically modifies Regulation 3 of the original regulations. This amendment excludes Part 4 of the Australian Federal Police (Discipline) Regulations from the prescribed regulations under section 3(4) of the Act. Part 4 of the Discipline Regulations addresses mandatory dismissal of members or staff members of the Australian Federal Police who have been convicted of offences and sentenced to more than 24 hours in prison.
The obligations imposed by these regulations on the Australian Federal Police (AFP) and its members or staff members include adherence to the amended regulations. By excluding Part 4 of the Discipline Regulations from the prescribed regulations, the amendment ensures that the mandatory dismissal provisions do not require a hearing before the Australian Federal Police Disciplinary Tribunal. This is because the decision to dismiss is based on an unconditional fact, which is not open to dispute, thereby rendering a tribunal hearing unnecessary.
The consequences for breach of these regulations are not explicitly detailed in the explanatory statement. However, under the Complaints (Australian Federal Police) Act 1981, failure to comply with the regulations could potentially lead to disciplinary actions against AFP members or staff members. Although the specific penalties are not outlined in the amendment, breaches of related regulations typically result in administrative or disciplinary measures, such as reprimands, fines, or more severe actions depending on the nature and severity of the breach. The precise penalties would be determined according to the internal disciplinary procedures and rules of the AFP.