Commonwealth Numbered Regulations

1985 No. 293 AUSTRALIAN FEDERAL POLICE REGULATIONS (AMENDMENT) - REG 13

13. After Part III of the Principal Regulations the following Part is
inserted:

"PART IIIA-APPEALS IN CONNECTION WITH THE REDEPLOYMENT OF MEMBER Notification
of right of appeal

"34. (1) Where the Commissioner has-

   (a)  made a redeployment declaration under sub-section 38B (1) of the Act
        in respect of a member;

   (b)  taken action under section 38C of the Act by way of redeployment of a
        member; or

   (c)  issued a certificate under sub-section 38D (1) or 38E (1) of the Act
        in respect of a member, the Commissioner shall, by notice in writing
        served on the member in accordance with sub-regulation (2), cause the
        member to be informed of the right of the member to appeal, under
        section 38F of the Act, against the making of the declaration, the
        action so taken or the issue of the certificate, as the case may be.

"(2) A notice in writing referred to in sub-regulation (1) shall be served on
a member at the same time as the member is-

   (a)  in accordance with sub-section 38B (3), 38D (1) or 38E (2) of the Act,
        served with a copy of the document referred to in that sub-section; or

   (b)  in accordance with sub-section 38C (6) of the Act, provided with the
        statement referred to in that sub-section, as the case may be.
        Institution of appeal

"34A. (1) An appeal by a member under section 38F of the Act shall be
instituted by a notice of appeal being given by, or on behalf of, the member
in accordance with this regulation.

"(2) A notice of appeal under this regulation-

   (a)  shall be in writing;

   (b)  shall specify-

        (i)    the name and rank of the appellant; and

        (ii)   the particulars of the decision of the Commissioner that is the
               subject of the appeal; and

   (c)  shall state the grounds of appeal.

"(3) Without limiting the generality of paragraph (2) (c), a notice of appeal
shall-

   (a)  where the appeal is against the making of a redeployment declaration
        under sub-section 38B (1) of the Act in respect of the appellant-state
        in what respect (if any) the appellant claims that any administrative
        procedures set out in a notice of the kind referred to in paragraph
        38A (1) (a) of the Act that was in force at the time when the
        appellant was identified as a member whose services cannot reasonably
        be used in the Australian Federal Police, being administrative
        procedures that were applicable in the case of the appellant, have not
        been followed;

   (b)  where the appeal is against the taking of action under section 38C of
        the Act by way of redeployment of the appellant-state in what respect
        (if any) the appellant claims that the Commissioner-

        (i)    failed to give effect to any principles set out in a notice of
               the kind referred to in paragraph 38A (1) (b) of the Act that
               was in force at the time when the action was taken, being
               principles that were applicable in the case of the appellant;
               or

        (ii)   failed to have regard to the matters to which the Commissioner
               was required by sub-section 38C (5) of the Act to have regard
               in relation to the taking of the action; or

   (c)  where the appeal is against the issue of a certificate under
        sub-section 38D (1) in relation to the appellant-state in what respect
        (if any) the appellant claims that the Commissioner, in forming the
        opinion that it is not reasonable or practicable to redeploy the
        appellant in accordance with section 38C of the Act-

        (i)    failed to give effect to any principles set out in a notice of
               the kind referred to in paragraph 38A (1) (b) of the Act that
               was in force at the time when the Commissioner formed that
               opinion, being principles that were applicable in the case of
               the appellant; or

        (ii)   failed to have regard to the matters to which the Commissioner
               was required by sub-section 38C (5) of the Act to have regard
               for the purposes of sub-section 38C (1) of the Act.



"(4) A notice of appeal shall be lodged with the Secretary to the Board-

   (a)  within the period of 21 days from the day on which the appellant was-

        (i)    in accordance with sub-section 38B (3), 38D (1) or 38E (2) of
               the Act, served with a copy of the document referred to in that
               sub-section; or

        (ii)   in accordance with sub-section 38C (6) of the Act, provided
               with the statement referred to in that sub-section,
as the case may be; or

   (b)  if, on an application made (whether before or after the expiration of
        the period referred to in paragraph (a)) by or on behalf of the
        appellant, the President, being satisfied that there is reasonable
        ground for so doing, extends the period referred to in paragraph
        (a)-within that period as extended by the President, and shall be
        accompanied by-

   (c)  any written statement that the appellant wishes to submit to the Board
        stating the facts that the appellant wishes the Board to take into
        consideration in determining the appeal; and

   (d)  any documents that the appellant considers relevant to the appeal.

Commissioner to be notified of appeal

"34B. Where an appeal under section 38F of the Act has been instituted in
accordance with regulation 34A, the Secretary to the Board shall, within the
period of 21 days from the lodging of the notice of appeal, notify the
Commissioner of the institution of the appeal and furnish the Commissioner
with a copy of the notice of appeal. Notification of joinder of member as
party to an appeal

"34C. Where a member is joined as a party to an appeal under sub-section 38F
(6) of the Act, the Secretary to the Board shall, within the period of 21 days
from the day on which the member was so joined as a party-

   (a)  notify, in writing, the member and the Commissioner accordingly; and

   (b)  furnish the member with-

        (i)    a copy of any document furnished by the Commissioner to the
               Board in accordance with sub-regulation 34E (1) in relation to
               the appeal; and

        (ii)   a copy of the notice of appeal.

Member joined as party to an appeal to submit statement, &c., to Board

"34D. Where a member is joined as a party to an appeal under sub-section 38F
(6) of the Act, the member shall-

   (a)  within the period of 21 days from the day on which the member was
        given notice of the joinder in accordance with paragraph 34C (a); or

   (b)  if, on an application made (whether before or after the expiration of
        the period referred to in paragraph (a)) by or on behalf of the
        member, the President, being satisfied that there is reasonable ground
        for so doing, extends the period referred to in paragraph (a)-within
        that period as extended by the President, submit to the Board, by
        lodging with the Secretary to the Board-

   (c)  any written statement that the member wishes to submit to the Board
        stating the facts that the member wishes the Board to take into
        consideration in determining the appeal; and

   (d)  any document that he considers relevant to the appeal.

Documents and statements furnished by Commissioner

"34E. (1) The Commissioner shall, within the period of 21 days from the day on
which the Commissioner was notified of the institution of an appeal under
section 38F of the Act, furnish the Board with-

   (a)  5 copies of-

        (i)    in the case of an appeal against the making of a redeployment
               declaration under sub-section 38B (1) of the Act in respect of
               the appellant-the declaration;

        (ii)   in the case of an appeal against any action taken under section
               38C of the Act by way of redeployment of the appellant-the
               statement provided to the appellant under sub-section (6) of
               that section in relation to the taking of that action; or

        (iii)  in the case of an appeal against the issue of a certificate
               under sub-section 38D (1) or 38E (1) of the Act in respect of
               the appellant-the certificate; and

   (b)  if information has, in accordance with section 39A of the Act, been
        excluded from the copy of the declaration referred to in sub-paragraph
        (a) (i), the statement referred to in sub-paragraph (a) (ii), or the
        copy of the certificate referred to in sub-paragraph (a) (iii), as the
        case may be, that was served on the appellant in accordance with
        Division 1 of Part V of the Act, 5 copies of a document setting out
        the information that was excluded from the declaration, statement or
        certificate.



"(2) Subject to sub-regulation (4), the Commissioner may, in relation to an
appeal under section 38F of the Act, submit to the Board, by lodging with the
Secretary to the Board within the period of 21 days from the day on which the
Commissioner was notified of the institution of the appeal, 5 copies of a
statement setting out any information in relation to any issue raised by the
appellant in the notice of appeal or in any statement that accompanied the
notice of appeal, being information that was not set out in any document
referred to in sub-paragraph (1) (a) (i), (ii) or (iii) in relation to the
appeal and that the Commissioner wishes the Board to take into account in
determining the appeal.

"(3) Where, in relation to an appeal under section 38F of the Act, the
Commissioner has in accordance with sub-regulation (2) submitted copies of a
statement to the Board, the Secretary to the Board shall, within the period of
21 days from the receipt of the copies, furnish the appellant with a copy of
the statement.

"(4) Where-

   (a)  a statement prepared by the Commissioner for submission to the Board
        in accordance with sub-regulation (2) contains information of a
        medical or psychiatric nature concerning the appellant (in this
        sub-regulation referred to as the 'relevant information'); and

   (b)  the Commissioner, upon seeking the opinion of a medical practitioner
        in that respect, is advised by the medical practitioner that the
        disclosure of the relevant information may be prejudicial to the
        physical or mental health or well-being of the appellant, the
        Commissioner shall-

   (c)  exclude the relevant information from the copies of the statement to
        be lodged with the Secretary to the Board;

   (d)  notify the Board accordingly; and

   (e)  lodge with the Secretary to the Board, within the period specified in
        sub-regulation (2), 5 copies of-

        (i)    the statement from which that relevant information has been
               excluded; and

        (ii)   a document setting out the relevant information.



"(5) Where, in relation to an appeal under section 38F of the Act, the
Commissioner has in accordance with sub-regulation (4) submitted to the Board
copies of a statement from which information of a medical or psychiatric
nature concerning the appellant has been excluded, the Secretary to the Board
shall, within the period of 21 days from the receipt of the copies, furnish
the appellant with a copy of the statement and a notice-

   (a)  stating that information has, in accordance with that sub-regulation,
        been excluded from the copy of the statement;

   (b)  giving the reason why the information was so excluded from the copy of
        the statement; and

   (c)  informing the appellant that if the appellant nominates to the
        Secretary to the Board a medical practitioner for the purposes of this
        sub-regulation, the information shall be communicated to that medical
        practitioner, and shall, if the appellant nominates a medical
        practitioner in accordance with paragraph (c), immediately forward the
        information to the medical practitioner. Access to documents

"34F. On application made to the Secretary to the Board, a party to an appeal
under section 38F of the Act shall, within the period of 21 days from the
receipt of the application-

   (a)  be supplied with the following particulars in respect of any other
        party to the appeal other than the Commissioner:

        (i)    rank and position within the rank;

        (ii)   qualifications;

        (iii)  length and particulars of service as a member of the Australian
               Federal Police and, if applicable, as a member of an existing
               Police Force; and

   (b)  be allowed to take cognizance of the contents of any written
        statement, or document, submitted to the Board by any other party in
        connection with the appeal, other than a document referred to in
        paragraph 34E (1) (b) or sub-paragraph 34E (4) (e) (ii).

Board to make full inquiry into claims of parties

"34G. For the purpose of determining an appeal under section 38F of the Act,
the Board shall make full inquiries into the claims of each party to the
appeal and in particular, but without limiting the generality of the
foregoing, shall take into consideration-

   (a)  all written statements and documents submitted to the Board for the
        purposes of the appeal;

   (b)  any evidence given to the Board by persons other than the parties; and

   (c)  any answers given, and any oral statement made, by each party at the
        hearing of the appeal.".