Commonwealth Numbered Regulations - Explanatory Statements

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COMPLAINTS (AUSTRALIAN FEDERAL POLICE) REGULATIONS (AMENDMENT) 1993 NO. 307

STATUTORY RULES 1993 No. 307

Issued by the Authority of the Minister for Justice

Complaints (Australian Federal Police) Act 1981

Complaints (Australian Federal Police) Regulations (Amendment)

The purpose of this amendment is to replace the existing standard of proof which is applied in disciplinary proceedings before the Australian Federal Police Disciplinary Tribunal (the Tribunal). Under the current regulations, the criminal standard of proof beyond reasonable doubt is required. This is to be replaced by the civil standard of proof on the balance of probabilities.

Regulation 1 provides that the Complaints (Australian Federal Police) Regulations are amended.

Regulation 2 amends the present regulation 9, which applies the criminal standard of proof beyond reasonable doubt in proceedings before the Tribunal. The amendment applies the civil standard of proof on the balance of probabilities in such proceedings. The level of proof required in these disciplinary proceedings will not be significantly different as a result of this change where the breach of discipline is serious. This is because the test provides for a higher standard of proof depending on the seriousness of the issue and the gravity of consequences flowing from an adverse finding of the Tribunal. The amendment ensures that the Australian Federal Police's internal disciplinary scheme is an effective personnel management tool, and is consistent with the standard of proof required in most other Australian police forces. A similar amendment has been made to the Australian Federal Police (Discipline) Regulations.