Commonwealth Numbered Regulations

1985 No. 293 AUSTRALIAN FEDERAL POLICE REGULATIONS (AMENDMENT) - REG 6

6. After Part II of the Principal Regulations the following Part is inserted:
                        "PART  IIA-THE  APPEALS  BOARD

Division 1-Constitution of the Board Establishment of Board

"14A. There is hereby established a board to be known as the Appeals Board.
Functions of Board

"14B. The functions of the Board are, subject to the Act and these
Regulations-

   (a)  to hear and determine appeals under regulation 26;

   (b)  to hear and determine appeals under section 38F of the Act; and

   (c)  to make recommendations to the Commissioner in respect of those
        appeals.

Constitution of Board

"14C. (1) The Board shall consist of the following members:

   (a)  a President;

   (b)  such number of Deputy Presidents, not exceeding 7, as the Minister may
        from time to time determine;

   (c)  not more than 16 persons nominated by the Commissioner;

   (d)  not more than 36 persons nominated in accordance with the rules of the
        association.



"(2) A member of the Board shall be appointed in writing by the Minister.

"(3) A person shall not be appointed as President or a Deputy President of the
Board if the person-

   (a)  has been at any time a member of an existing Police Force; or

   (b)  is, or has been at any time, the Commissioner, a Deputy Commissioner
        or a member of the Australian Federal Police.



"(4) Subject to this Division, the Board shall, for the purposes of an appeal,
be constituted by-

   (a)  the President or a Deputy President;

   (b)  a person referred to in paragraph (1) (c); and

   (c)  a person referred to in paragraph (1) (d).



"(5) As far as practicable, the Board constituted for the purposes of an
appeal shall not include as one of its members a member of the Australian
Federal Police who is lower in rank than any of the parties to the appeal
other than the Commissioner.

"(6) A person referred to in paragraph (1) (c) or (d)-

   (a)  shall not take part in the hearing or determination of an appeal if
        the person has or has had personal involvement in a matter to be
        considered in that appeal; and

   (b)  shall not be subject to the direction of any other person in respect
        of any act or thing done in his or her capacity as member of the
        Board.

Tenure of office, &c., of members of Board

"14D. (1) Subject to this Division, a member of the Board shall hold office
for such term not exceeding 3 years as is specified in the instrument of
appointment and is eligible for re-appointment.

"(2) A member of the Board shall be paid such remuneration (if any) and such
allowances (if any) as the Minister determines and specifies in the instrument
of appointment. Resignation of members

"14E. A member of the Board may resign his or her office by writing delivered
to the Minister. Removal from office

"14F. (1) Where a member of the Board-

   (a)  becomes bankrupt, applies to take the benefit of any law for the
        relief of bankrupts or insolvent debtors or compounds with his or her
        creditors; or

   (b)  is guilty of misbehaviour or becomes physically or mentally incapable
        of performing the duties of his or her office, the Minister shall
        remove the member from office. Termination of appointment

"14G. (1) Where, before the expiration of the term of office of a member of
the Board nominated by the Commissioner or of a member of the Board nominated
in accordance with the rules of the association, the Commissioner or the
committee of management of the association, as the case may be, recommends to
the Minister that the appointment of the member be terminated, the Minister
shall, by writing, terminate the appointment of the member.

"(2) In sub-regulation (1), "committee of management", in relation to the
association, means the group or body of persons (however described) that
manages the affairs of the association. Acting appointments

"14H. (1) The Minister may appoint a person qualified for appointment as
President or Deputy President to act as President or a Deputy President-

   (a)  during a vacancy in the office of President or a Deputy President (as
        the case may be) whether or not an appointment has previously been
        made to the office; or

   (b)  during any period, or during all periods, when the President or a
        Deputy President, as the case may be, is absent from duty or from
        Australia or is, for any other reason, unable to perform the duties of
        his or her office, but a person appointed to act during a vacancy
        shall not continue so to act for more than 12 months.

"(2) An appointment of a person under sub-regulation (1) may be expressed to
have effect only in such circumstances as are specified in the instrument of
appointment.

"(3) The Minister may-

   (a)  determine the terms and conditions of appointment, including
        remuneration and allowances, of a person appointed under
        sub-regulation (1); and

   (b)  terminate such an appointment at any time.



"(4) Where a person is acting as President or a Deputy President in accordance
with paragraph (1) (b) and the office of President or of that Deputy President
(as the case may be) becomes vacant while the person is so acting, then,
subject to sub-regulation (2), the person may continue so to act until the
Minister otherwise directs, the vacancy is filled or a period of 12 months
from the day on which the vacancy occurred expires, whichever first happens.

"(5) The appointment of a person to act as President or a Deputy President
ceases to have effect if the person resigns the appointment by writing
delivered to the Minister.

"(6) While a person is acting as President or a Deputy President, the person
has and may exercise all the powers, and shall perform all the functions, of
the President or a Deputy President (as the case may be) under this Part.

"(7) The validity of anything done by a person purporting to act under
sub-regulation (1) shall not be called in question on the ground that the
occasion for the appointment of the person had not arisen, that there is a
defect or irregularity in or in connection with the appointment, that the
appointment had ceased to have effect or that the occasion for the person to
act had not arisen or had ceased. Secretary

"14J. There shall be a Secretary to the Board who shall be appointed by the
Minister.
                   "Division 2-Proceedings before the Board
Parties to an appeal

"14K. For the purposes of the hearing of an appeal by the Board, each of the
following is a party to the appeal:

   (a)  the appellant or, where 2 or more appeals have been considered under
        regulation 14L, each of the appellants;

   (b)  the Commissioner;

   (c)  in the case of an appeal against the selection of a member for
        promotion-the member selected for promotion; and

   (d)  where, in the case of an appeal against the making of a redeployment
        declaration, the Board has, under sub-section 38F (6) of the Act,
        joined a member as a party to the appeal-that member.

Consolidation of appeals

"14L. Where-

   (a)  2 or more members have appealed against the selection of another
        member for promotion to a particular position within a rank; or

   (b)  2 or more members included in a class of members, being members in
        respect of each of whom a redeployment declaration has been made under
        sub-section 38B (1) of the Act by reason that the class comprises a
        greater number of members than is necessary for the efficient and
        economical working of the Australian Federal Police, have each
        appealed against the making of that declaration in respect of him or
        her, and the Board-

   (c)  is of the opinion that the consolidation of the appeals made by those
        members would expedite the hearing and determination of those appeals;
        and

   (d)  is satisfied that the consolidation of those appeals will not
        prejudice any party to one of those appeals, the Board may consolidate
        those appeals and hear them together. Notification of consolidation of
        appeals

"14M. Where 2 or more appeals are consolidated under regulation 14L, the Board
shall, as soon as it is practicable, cause the parties to each of those
appeals to be notified of that fact and of the name of each of the other
parties (other than the Commissioner) concerned in those appeals. Hearings by
the Board

"14N. (1) For the purpose of hearing an appeal, the Board shall sit at such
times and places as the Board determines.

"(2) The Board shall not, in the case of an appeal under section 38F of the
Act, fix a date under sub-regulation (1) that is less than 7 days after-

   (a)  the expiration of the period within which the appeal may, in
        accordance with regulation 34A, be made;

   (b)  where a member has been joined as a party to the appeal under
        sub-section 38F (6) of the Act, the expiration of the period within
        which the member may, in acordance with regulation 34D, submit
        statements and documents to the Board; or

   (c)  the day on which a copy of the statement referred to in sub-regulation
        34E (2) or of the statement referred to in sub-paragraph 34E (4) (e)
        (i) is furnished to the appellant, whichever is the later.



"(3) The Board shall, unless it is not reasonably practicable to do so, hear
and determine an appeal from a decision of the Commissioner to promote a
member within the period of 2 months from the last day on which a notice of
appeal from the decision of the Commissioner could have been lodged with the
Secretary to the Board in accordance with sub-regulation 26 (2).

"(4) The Secretary to the Board shall cause notice of the time and place fixed
for the hearing of an appeal to be given to each party to the appeal.

"(5) The Board may adjourn the hearing of proceedings before it from time to
time.

"(6) Any of the members constituting the Board for the purposes of an appeal
may ask a party to the appeal any question that the member considers relevant
to the appeal and the Board may, in its discretion, require a party to give
evidence on oath or affirmation and, for that purpose, the President or the
Deputy President participating in the hearing (as the case may be) may
administer an oath or affirmation in accordance with the form set out in
Schedule 5.

"(7) At the hearing of an appeal under section 38F of the Act, the President
or the Deputy President participating in the hearing (as the case may be)-

   (a)  may, by notice in writing, require a person to attend before the Board
        to give evidence or to produce such documents as are referred to in
        the notice; and

   (b)  may administer to a person attending before the Board to give evidence
        an oath or affirmation in accordance with the form set out in Schedule
        5.



"(8) Subject to this Division, in any proceeding before the Board-

   (a)  the procedure of the Board is within the discretion of the Board; and

   (b)  the Board is not bound by the rules of evidence and may inform itself
        on any matter in such manner as it thinks appropriate.



"(9) If the members constituting the Board for the purposes of an appeal are
divided on any question before the Board, the question shall be decided in
accordance with the opinion of the majority. Rights of parties to an appeal
14P. (1) A party to an appeal may appear in person, or may, subject to
sub-regulation (2), be represented by another person, in any proceeding before
the Board and may, either in person or, where the party is entitled to be
represented by another person, through that person, address the Board and
submit any document that the party considers relevant to the appeal.

"(2) At the hearing of an appeal from the decision of the Commissioner to
select a member for promotion, the Commissioner may be represented by a
commissioned officer appointed by the Commissioner for that purpose but a
party other than the Commissioner is not entitled to be represented by another
person.

"(3) A party to an appeal is not, at the hearing of the appeal, entitled-

   (a)  to ask questions of another party to the appeal; and

   (b)  where the hearing is held in private, except to the extent that the
        party is authorized in that respect by the Board under sub-regulation
        14Q (3), to be present while another party to the appeal is being
        heard or questioned by the Board.

Public and private hearings

"14Q. (1) The hearing by the Board of an appeal from the decision of the
Commissioner to select a member for promotion shall be held in private.

"(2) Subject to sub-regulation (3), the hearing by the Board of an appeal
under section 38F of the Act shall be in public.

"(3) Upon the application of a party to an appeal under section 38F of the
Act, the Board may, if it is satisfied that it is desirable to do so by reason
of the confidential nature of any evidence or matter or for any other reason-

   (a)  direct that the hearing, or any part of the hearing, of the appeal
        shall take place in private and give directions as to the persons who
        may be present;

   (b)  give directions prohibiting or restricting the publication of-

        (i)    any evidence given, or submission made to the Board; or

        (ii)   the contents of any document submitted to, or received in
               evidence by, the Board,
whether in public or in private, in connection with the appeal; and

   (c)  give directions prohibiting or restricting the disclosure to any party
        to the appeal who was not authorized under paragraph (a) to be present
        at the hearing, or any part of the hearing, of the appeal of-

        (i)    any evidence given, or submission made to, the Board during the
               hearing, or that part of the hearing, of the appeal; or

        (ii)   the contents of any document submitted to, or received in
               evidence by, the Board in connection with the appeal.

Formal defects, &c., not to invalidate proceedings

"14R. (1) Proceedings in relation to an appeal are not invalidated by a formal
defect or an irregularity unless the Board hearing the appeal is of the
opinion that substantial injustice has been caused by the defect or
irregularity and that the injustice cannot be remedied by any steps that may
be taken.

"(2) The Board may, at any time, amend any defect or error in any proceeding
before the Board in relation to an appeal and all necessary amendments shall
be made for the purposes of determining on their merits all questions arising
in connection with the appeal. Protection of members of Board, &c.

"14S. (1) An action or proceeding, civil or criminal, does not lie against a
person who is or was the President, a Deputy President or other member of the
Board for or in respect of any act or thing done in good faith by the person
in his or her capacity as President, Deputy President or member of the Board.

"(2) Subject to this Division-

   (a)  a person summoned to attend or appearing before the Board to give
        evidence at an appeal; or

   (b)  a person representing a party at the hearing of an appeal before the
        Board, has the same protection, and is subject to the same
        liabilities, in any civil or criminal proceedings, as a witness in
        proceedings in the High Court.".