Merit Protection (Australian Federal Police) Regulations (Amendment)

EXPLANATORY STATEMENT

STATUTORY RULES 1989 No. 364

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 modify the application of the Merit Protection (Australian Government Employees) Act 1984 in relation to the Australian Federal Police in light of the Government’s decision to restructure the Australian Federal Police; and

• to provide for the possibility of various staff organisations having an interest in members and staff members of the Australian Federal Police given that Australian Public Service officers working in the Australian Federal Police will cease to be employed under the Public Service Act 1922 and will have their terms and conditions of employment determined by the Australian Federal Police Act 1979.

Notes on individual clauses are set out below:

Regulation 1 provides that the regulations will commence on the commencement of section 6 of the AFP (No. 2) Act which is to commence on 1 January 1990.

Regulation 2 defines the Principal Regulations to mean the Merit Protection (Australian Federal Police) Regulations.

Regulation 3 amends regulation 4 of the Principal Regulations, which applies, with modifications, the Act to the Australian Federal Police by applying the Act to staff members as well as members.

Regulation 4 amends the Schedule to the Principal Regulations. The amendments mirror the current provisions of the Principal Regulations except for the following:

• Section 3(1) of the Act is amended to include the following definitions:

‘member of the Australian Federal Police’ now includes a member or a staff member within the meaning of the Australian Federal Police Act 1979.

‘principal relevant staff organisation’ refers to the method of determining the relevant staff organisation in relation to the promotion of a member of the Australian Federal Police.

‘relevant staff organisation’ in relation to an employment position, refers to an organisation which is registered under the Industrial Relations Act 1988, which a person occupying a position would be eligible to join and which is a party to a

relevant industrial award in relation to the position. The above provisions concerning principal and relevant staff organisations relate to the promotion of members and staff members of the Australian Federal Police irrespective of whether they are members of a staff organisation or not. Protection may be afforded to members or staff members of the Australian Federal Police by the staff organisation that a member or staff member could join or the largest relevant staff organisation for the member’s or staff member’s particular position.

• Section 6 of the Act, which deals with the functions of the Merit Protection and Review Agency, is amended to include reviews of non appellable promotions under section 36B of the Australian Federal Police Act 1979: that section authorises the Merit Protection and Review Agency to conduct such reviews.

• Section 9 of the Act, which provides for the establishment of Promotion Appeal Committees, is amended to include appeals against selections of staff members to act in a higher position as well as appeals by members and staff members against promotions.

• Sections 10(1)(c) and 23(1)(c), of the Act, which deal with the constitution of Promotion Appeal Committees and Redeployment and Retirement Appeal Committees respectively, are amended by omitting references to the Australian Federal Police Association. In the light of planned restructuring of the Australian Federal Police there is the possibility of various staff organisations having an interest in the constitution of Promotion Appeal Committees (section 10 of the Act) and, the constitution of Redeployment and Retirement Appeal Committees (under section 23 of the Act). The amendments enable the relevant staff organisation to participate in the appeal process.

• Section 57 of the Act, which requires the Agency to provide advice on appeal and review rights, is amended to include reference to advice concerning reviews of non appellable promotions and appeals by staff members against directions to act in higher positions.

Regulation 5 is a transitional provision which will preserve, in accordance with section 55 of the AFP (No. 2) Act, the Principal Regulations as in force immediately before these Regulations come into effect. The effect of this regulation and section 55, which is a transitional provision having effect in relation to the Act, will be to preserve the current operation of the Merit Protection and Review Agency for most existing members until those members come under the new system established by the AFP (No. 2) Act. Regulation 5 also provides that the Principal Regulations as in force immediately before These Regulations come into effect, continue to apply to appeals lodged during the application of section 55 of the AFP (No. 2) Act to the relevant member, and continue to apply to appeals lodged prior to the commencement

date of these Regulations. This will ensure that any appeals and applications for reviews lodged before the commencement of these Regulations are not adversely affected by these changes.