Commonwealth Numbered Regulations

1989 No. 349 MERIT PROTECTION (AUSTRALIAN FEDERAL POLICE) REGULATIONS (AMENDMENT) - SCHEDULE

                       SCHEDULE                            Regulation 2

MODIFICATIONS OF THE MERIT PROTECTION (AUSTRALIAN 
GOVERNMENT EMPLOYEES) ACT 1984  Section 4:
Omit the section, substitute the following section: Object

"4. In relation to the Australian Federal Police, the object for which the
Agency is established is to ensure that decisions made in relation to members
of the Australian Federal Police in relation to:

   (a)  promotion appeals; and

   (b)  redeployment and retirement appeals; and

   (c)  the review of non-appellable promotions under section 36B of the
        Federal Police Act; are fair and equitable and are made in accordance
        with sound personnel management practices and with due regard being
        had to:

   (d)  the efficiency of the Australian Federal Police; and

   (e)  the need to ensure good relations between the Australian Federal
        Police and its members.". Section 6:
Omit paragraphs (a) to (f) inclusive, substitute the following paragraphs:

"(a) to arrange for the establishment of, and to ensure the proper and
efficient operation of, Review Committees in accordance with Subdivisions A, B
and D of Division 2; and

   (b)  to review non-appellable promotions under section 36B of the Federal
        Police Act in accordance with Division 3; and

   (c)  to provide advice to members of the Australian Federal Police in
        accordance with Division 6 in relation to appeals and rights of
        review.". Section 38:
Omit the section, substitute the following section: Interpretation

"38. In this Division, 'decision' means a decision 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 Federal Police Act.". Subsection 39
(4):
Omit the subsection, substitute the following subsection:

"(4) A decision may be reviewed under section 43.". Paragraph 40 (a) and
section 41:
Omit "Commonwealth employee" and "employee", substitute "member of the
Australian Federal Police". Sections 42 and 44:
Omit the sections. Section 45:
Omit "Commonwealth employee" (wherever occurring), substitute "member of the
Australian Federal Police". Divisions 4 and 5 of Part II:
Omit the Divisions. Division 6 of Part II:
Omit the Division, substitute the following Division:

"Division 6-Provision of advice on rights of appeal Advice by Agency on
request

"57. (1) Where a member of the Australian Federal Police request the Agency
for advice about the member's rights in relation to a relevant decision, the
Agency must inform the member of any right of review the member may have in
relation to that decision.

"(2) In this section:
'relevant decision' means a decision made, or action taken:

   (a)  in respect of a non-appellable promotion within the meaning of section
        36B of the Federal Police Act; or

   (b)  by the Commissioner under subsection 38B (1), section 38C or
        subsection 38D (1) or 38E (1) of the Federal Police Act; or

   (c)  by the Commissioner under Division 1 of Part III of the Australian
        Federal Police Regulations;
'right of review' means a right of appeal to a Review Committee or a right of
review by the Agency.".