Merit Protection (Australian Federal Police) Regulations (Amendment)

EXPLANATORY STATEMENT

STATUTORY RULES 1989 NO. 349

Issued by the authority of the Prime Minister

Merit Protection (Australian Government Employees) Act 1984

Merit Protection (Australian Federal Police)

Regulations (Amendment)

The purpose of these amendments to the Merit Protection (Australian Federal Police) Regulations is:

• to take account of the insertion, by section 20 of the Law and Justice Amendment Act 1988, of the merit principle and review of non-appellable promotions by the Merit Protection and Review Agency in relation to members and staff members of the Australian Federal Police.

Notes on individual clauses are set out below:

Regulation 1 refers to the Law and Justice Amendment Act 1988 (assented to on 14 December 1988) and provides that the regulations will commence on the date on which s.20 of the Law and Justice Amendment Act 1988 is proclaimed to commence.

Regulation 2 amends the Schedule to the Principal Regulations. The amendments mirror the current provisions of the Principal Regulations except for the following:

• Section 4 of the Act concerns the object of the Merit Protection and Review Agency (the Agency) in relation to members of the Australian Federal Police. Section 4 is amended to include in the Agency’s objects the review of decisions made concerning members of the Australian Federal Police in relation to the review of non-appellable promotions under section 36B of the Australian Federal Police Act 1979.

• Section 6 of the Act concerns the functions of the Agency in relation to members of the Australian Federal Police. Section 6 is amended to include as a function of the Agency the review of non-appellable promotions under section 36B of the Australian Federal Police Act 1979 in accordance with Division 3 of the Act and the provision of advice to members regarding review rights under Division 6 of the Act.

• Section 38 of the Act defines “decision” for the purposes of the Agency’s power to review decisions under Division 3 of Part II of the Act. Section 38 is amended to include decisions to promote a member of the Australian Federal Police where the promotion is a non-appellable promotion within the meaning of section 36B of the Australian Federal Police Act 1979.

• Section 39(4) of the Act is amended so that a decision reviewed by the Agency only gives rise to the making of a recommendation from the Agency to the Commissioner of the Australian Federal Police. A finding by the Agency does not give rise to a new decision under section 42 of the Act (see below) and is thus not binding on the Commissioner of the Australian Federal Police.

• Paragraph 40(a) and Section 41 of the Act deal with who may apply to the Agency for review and with the procedure at the review. They are amended to refer to members of the Australian Federal Police rather than Commonwealth employees.

• Section 42 of the Act is omitted. The provision currently refers to the power of the Agency to review a decision and then vary or set aside the decision. Section 36B of the Australian Federal Police Act 1979 provides that while the Agency would have power to make recommendations it would not have power to substitute decisions. Section 42 of the Act is therefore not applicable.

• Section 44 of the Act is omitted as it refers to the Agency seeking the views of the Public Service Board in relation to review of a decision. It is not relevant.

• Section 45 of the Act refers to applications by former Commonwealth employees. It is amended to refer to members of the Australian Federal Police.

• Section 57 of the Act deals with the Agency providing advice on appeal rights. It is amended to include a member’s right to seek advice from the Agency concerning the review of non-appellable promotions under section 36B of the Australian Federal Police Act 1979.