{"id":"C2006A00084","name":"Law Enforcement (AFP Professional Standards and Related Measures) Act 2006","slug":"law-enforcement-afp-professional-standards-and-related-measures-act-2006","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"84 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7883,"registerId":"commonwealth-C2006A00084-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Consequential amendments","content":"Schedule 3—Consequential amendments\n\nAdministrative Decisions (Judicial Review) Act 1977\n\nAustralian Crime Commission Act 2002\n\nCrimes Act 1914\n\nCriminal Code Act 1995\n\nOmbudsman Act 1976\n\nWitness Protection Act 1994\n\nSchedule 3A—Consequential amendments to the Australian Security Intelligence Organisation Act 1979\n\nPart 1—Amendments that may not commence\n\nPart 2—Amendments contingent on the ASIO Legislation Amendment Act 2006\n\nSchedule 4—Alcohol screening tests\n\nSchedule 5—Provisions relating to suspension or resignation from, and termination of, employment\n\n \n\n \n\n![](image.001.png)\n\n \n\n \n\nLaw Enforcement (AFP Professional Standards and Related Measures) Act 2006\n\nNo. 84, 2006\n\n \n\n \n\n \n\nAn Act to amend the Australian Federal Police Act 1979, and for related purposes\n\n[Assented to 30 June 2006]\n\nThe Parliament of Australia enacts:\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1  Short title\n\n  This Act may be cited as the Law Enforcement (AFP Professional Standards and Related Measures) Act 2006.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provision(s) Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 30 June 2006\n- 2. Schedules 1 to 3 At the same time as section 3 of the Law Enforcement Integrity Commissioner Act 2006 commences. 30 December 2006\n- 3. Schedule 3A, Part 1 At the same time as section 3 of the Law Enforcement Integrity Commissioner Act 2006 commences.However, the provision(s) do not commence at all if Schedule 1 to the ASIO Legislation Amendment Act 2006 commences before, or at the same time as, the time at which section 3 of the Law Enforcement Integrity Commissioner Act 2006 commences. Do not commence\n- 4. Schedule 3A, Part 2 The later of:(a) immediately after the commencement of the provision(s) covered by table item 2; and(b) immediately after the commencement of Schedule 2 to the ASIO Legislation Amendment Act 2006. 30 December 2006(paragraph (a) applies)\n- 5. Schedules 4 and 5 At the same time as section 3 of the Law Enforcement Integrity Commissioner Act 2006 commences. 30 December 2006\n\nNote: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Schedule(s)","content":"3  Schedule(s)\n\n  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\n","sortOrder":3},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Main amendments","content":"Schedule 1—Main amendments\n\n \n\n1  After subsection 3A(6)\n\nProfessional standards and dealing with AFP conduct or practices issues\n\n (6A) Part V provides for the setting of AFP professional standards and the way in which AFP conduct or practices issues are raised and dealt with.\n\n2  Subsection 4(1)\n\nAFP appointee means:\n\n (a) a Deputy Commissioner; or\n\n (b) an AFP employee; or\n\n (c) a special member; or\n\n (d) a special protective service officer; or\n\n (e) a person engaged overseas under section 69A to perform duties overseas as an employee of the Australian Federal Police; or\n\n (f) a person who is:\n\n (i) engaged under section 35 as a consultant, or independent contractor, to perform services for the Australian Federal Police; and\n\n (ii) a consultant, or independent contractor, determined by the Commissioner under subsection 35(2) to be an AFP appointee for the purposes of this paragraph; or\n\n (g) a person who is assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D.\n\n3  Subsection 4(1)\n\nAFP conduct issue has the meaning given by sections 40RH and 40RJ.\n\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Subsection 4(1)","content":"4  Subsection 4(1)\n\nAFP conduct or practices issue means:\n\n (a) an AFP conduct issue; or\n\n (b) an AFP practices issue.\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Subsection 4(1)","content":"5  Subsection 4(1)\n\nAFP practices issue has the meaning given by section 40RI and 40RJ.\n\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Subsection 4(1)","content":"6  Subsection 4(1)\n\nAFP professional standards means professional standards determined under Commissioner’s orders made for the purposes of section 40RC.\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Subsection 4(1)","content":"7  Subsection 4(1)\n\ncategory 1 conduct has the meaning given by section 40RN.\n\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Subsection 4(1)","content":"8  Subsection 4(1)\n\ncategory 1 conduct issue has the meaning given by subsection 40RL(1).\n\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Subsection 4(1)","content":"9  Subsection 4(1)\n\ncategory 2 conduct has the meaning given by section 40RO.\n\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Subsection 4(1)","content":"10  Subsection 4(1)\n\ncategory 2 conduct issue has the meaning given by subsection 40RL(2).\n\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Subsection 4(1)","content":"11  Subsection 4(1)\n\ncategory 3 conduct has the meaning given by section 40RP.\n\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Subsection 4(1)","content":"12  Subsection 4(1)\n\ncategory 3 conduct issue has the meaning given by subsection 40RL(3).\n\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Subsection 4(1)","content":"13  Subsection 4(1)\n\ncomplainant has the meaning given by subsection 40SA(3).\n\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Subsection 4(1)","content":"14  Subsection 4(1)\n\ncorrupt conduct: see engages in corrupt conduct.\n\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Subsection 4(1)","content":"15  Subsection 4(1)\n\ncorruption issue has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006.\n\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Subsection 4(1)","content":"16  Subsection 4(1)\n\nengages in corrupt conduct has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006.\n\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Subsection 4(1)","content":"17  Subsection 4(1)\n\ngive information that raises an AFP conduct or practices issue has a meaning affected by subsection (3).\n\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Subsection 4(1)","content":"18  Subsection 4(1)\n\ninvestigator for a category 3 conduct issue, or a corruption issue, means the person to whom the issue is allocated for investigation under section 40TN or 40TO.\n\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Subsection 4(1)","content":"19  Subsection 4(1)\n\nmanager for a category 1 conduct issue, or category 2 conduct issue, means the person to whom the issue is allocated in accordance with Commissioner’s orders issued for the purposes of subsection 40TA(1).\n\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Subsection 4(1)","content":"20  Subsection 4(1)\n\nmember of the unit constituted under section 40RD means:\n\n (a) the AFP appointee appointed as the head of that unit under section 40RE; and\n\n (b) any member, or special member, of the Australian Federal Police assigned to that unit under section 40RF.\n\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Subsection 4(1)","content":"21  Subsection 4(1)\n\npractices or procedures of the Australian Federal Police has the meaning given by subsection 40RI(3).\n\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Subsection 4(1)","content":"22  Subsection 4(1)\n\nremedial action has the meaning given by section 40TD.\n\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Subsection 4(1)","content":"23  Subsection 4(1)\n\ntermination action has the meaning given by section 40TE.\n\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Subsection 4(1)","content":"24  Subsection 4(1)\n\ntraining and development action has the meaning given by section 40TC.\n\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"At the end of section 4","content":"25  At the end of section 4\n\nAdd:\n\n (3) A reference in Part V to giving information that raises an AFP conduct or practices issue includes a reference to making a complaint or report that raises an AFP conduct or practices issue.\n\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Section 35","content":"26  Section 35\n\nOmit “The Commissioner”, substitute “(1) The Commissioner”.\n\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"At the end of section 35","content":"27  At the end of section 35\n\nAdd:\n\n (2) The Commissioner may determine, in writing, that a consultant, or independent contractor, specified in the determination is to be an AFP appointee for the purposes of paragraph (f) of the definition of AFP appointee in subsection 4(1).\n\n (3) A determination under subsection (2) is not a legislative instrument.\n\n","sortOrder":28},{"sectionNumber":"27A","sectionType":"section","heading":"Section 39","content":"27A  Section 39\n\n","sortOrder":29},{"sectionNumber":"39","sectionType":"section","heading":"Compliance with Commissioner’s Orders","content":"39  Compliance with Commissioner’s Orders\n\n  An AFP appointee must comply with Commissioner’s Orders.\n\n","sortOrder":30},{"sectionNumber":"27B","sectionType":"section","heading":"Section 40","content":"27B  Section 40\n\n","sortOrder":31},{"sectionNumber":"40","sectionType":"section","heading":"Compliance with specific directions, instructions or orders","content":"40  Compliance with specific directions, instructions or orders\n\n  An AFP appointee must not:\n\n (a) disobey; or\n\n (b) fail to carry out;\n\na lawful direction, instruction or order, whether written or oral, given to him or her by:\n\n (c) the Commissioner; or\n\n (d) the AFP appointee under whose control, direction or supervision he or she performs his or her duties.\n\n","sortOrder":32},{"sectionNumber":"27C","sectionType":"section","heading":"Subsection 40A(1)","content":"27C  Subsection 40A(1)\n\nOmit “an AFP employee, a special member or a special protective service officer”, substitute “an AFP appointee”.\n\n","sortOrder":33},{"sectionNumber":"27D","sectionType":"section","heading":"Subsection 40A(2)","content":"27D  Subsection 40A(2)\n\nOmit “the employee, special member or special protective service officer”, substitute “the AFP appointee”.\n\n","sortOrder":34},{"sectionNumber":"27E","sectionType":"section","heading":"At the end of section 40H","content":"27E  At the end of section 40H\n\nAdd:\n\n (4) Without limiting subsection 33(3) of the Acts Interpretation Act 1901, the Commissioner may at any time revoke in writing a determination made under subsection (1).\n\n","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"After Part IV","content":"28  After Part IV\n\nPart V—Professional standards and AFP conduct and practices issues\n\n","sortOrder":36},{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary","content":"Division 1—Preliminary\n\nSubdivision A—Objects and simplified outline of Part\n\n40RA  Object of this Part\n\n  The object of this Part is to establish the procedures by which:\n\n (a) AFP conduct issues and AFP practices issues; and\n\n (b) other issues related to the Australian Federal Police;\n\nmay be raised and dealt with.\n\n40RB  Simplified outline of this Part\n\n (1) This Part deals with the handling of:\n\n (a) AFP conduct issues and AFP practices issues; and\n\n (b) other issues related to the Australian Federal Police.\n\n (2) These issues may be:\n\n (a) issues that are raised by information given to the Australian Federal Police (see section 40SA); or\n\n (b) issues that the Commissioner decides, on his or her own initiative, are to be dealt with under this Part (see section 40SD); or\n\n (c) issues that are referred to the Australian Federal Police by the Integrity Commissioner under the Law Enforcement Integrity Commissioner Act 2006 or by the Ombudsman under the Ombudsman Act 1976; or\n\n (d) issues that the Minister directs are to be inquired into under Division 4.\n\n (3) How a particular AFP conduct issue is dealt with depends on the category to which the issue belongs. Sections 40RK to 40RP deal with the categorisation of AFP conduct issues.\n\n (4) AFP conduct issues that belong to the 2 less serious categories (categories 1 and 2) are dealt with managerially and may be addressed by training and development action (see section 40TC) or remedial action (see section 40TD).\n\n (5) AFP conduct issues that belong to the 2 more serious categories (category 3 and corruption issues) are dealt with through more formal investigations and may be addressed not only by training and development action and remedial action but also by termination action (see section 40TE) and other action. The investigation may also give rise to a prosecution for an offence.\n\n (6) Division 5 confers special investigative powers on people who conduct:\n\n (a) investigations under Division 3 of category 3 conduct issues or corruption issues; or\n\n (b) inquiries under Division 4.\n\n (7) The Ombudsman plays a number of roles under this Part. The Ombudsman:\n\n (a) determines, jointly with the Commissioner, the particular kinds of conduct that are to belong to the various categories of conduct (see section 40RM); and\n\n (b) is consulted by the Commissioner on the appointment of investigators under section 40TO (see subsection 40TO(6)); and\n\n (c) is entitled under section 40WA to have access to the records that are kept in relation to AFP conduct issues and AFP practices issues under that section; and\n\n (d) conducts annual reviews and ad hoc reviews of the operation of this Part under Division 7.\n\nSubdivision B—Professional standards for AFP appointees\n\n40RC  Commissioner may determine professional standards\n\n (1) The Commissioner may issue Commissioner’s orders under section 38 determining the professional standards to be complied with by AFP appointees.\n\n (2) Without limiting subsection (1), the Commissioner may determine a professional standard by reference to the requirements specified in:\n\n (a) another Commissioner’s order; or\n\n (b) another document issued or made by the Commissioner in the exercise of the Commissioner’s powers under section 37.\n\n (3) Despite section 46AA of the Acts Interpretation Act 1901, a document referred to in paragraph (2)(a) or (b) may be a document:\n\n (a) as in force at a particular time; or\n\n (b) as in force from time to time.\n\nSubdivision C—Unit within Australian Federal Police to undertake professional standards functions\n\n40RD  Unit to be constituted\n\n (1) The Commissioner must constitute, within the Australian Federal Police, a unit to undertake investigations of:\n\n (a) AFP conduct issues that are category 3 conduct issues; and\n\n (b) corruption issues that relate to conduct engaged in by AFP appointees.\n\n (2) The Commissioner may determine, from time to time, the name by which the unit is to be known.\n\n (3) The establishment of the unit is to be such as the Commissioner determines from time to time.\n\n (4) In determining and varying the establishment of the unit, the Commissioner must ensure, so far as it is practicable for the Commissioner to do so, that the staffing of the unit is adequate to enable the unit to perform its functions under this Part effectively.\n\n40RE  Head of unit\n\n (1) The Commissioner may appoint an AFP appointee, in writing, to be the head of the unit constituted under section 40RD.\n\n (2) The head of the unit is responsible for the performance by the unit of its functions.\n\n (3) The head of the unit is responsible under subsection (2) directly to:\n\n (a) the Commissioner; or\n\n (b) if the Commissioner so directs—the Deputy Commissioner, or senior executive AFP employee who is at a level equivalent to that of a Deputy Commissioner, specified in the direction.\n\n40RF  Assignment of members, and special members, to unit\n\n (1) The Commissioner may, in writing, assign a member, or special member, of the Australian Federal Police to the unit constituted under section 40RD.\n\n (2) The assignment must:\n\n (a) be in writing; and\n\n (b) specify the period during which the member, or special member, is to serve in the unit.\n\n (3) The period specified under paragraph (2)(b) must not exceed 2 years.\n\n (4) If the Commissioner is satisfied that there are special reasons for doing so, the Commissioner may vary, or further vary, the assignment under subsection (1) by substituting for the period specified in the assignment a shorter or longer period.\n\n (5) The period substituted under subsection (4) may exceed 2 years.\n\n (6) As soon as practicable after the member, or special member, has served in the unit for the period specified in the assignment, the Commissioner must arrange for the member, or special member, to cease serving in the unit.\n\n (7) If:\n\n (a) a member, or special member, of the Australian Federal Police is assigned to the unit constituted under section 40RD; and\n\n (b) the member, or special member, ceases to serve in the unit; and\n\n (c) the period of 12 months from the time when the member, or special member, ceased to serve in the unit ends;\n\nthe member, or special member, may again be assigned to the unit.\n\n40RG  Member or special member in unit may be directed to perform other duties\n\n  The Commissioner may direct a member, or special member, of the Australian Federal Police serving in the unit constituted under section 40RD to perform duties that are not related to the unit’s functions but only if those duties do not unduly interfere with the performance by the unit of its functions.\n\nSubdivision D—AFP conduct issues and AFP practices issues\n\n40RH  AFP conduct issues\n\n (1) For the purposes of this Act, an AFP conduct issue is an issue of whether an AFP appointee has:\n\n (a) engaged in conduct that contravenes the AFP professional standards; or\n\n (b) engaged in corrupt conduct.\n\n (2) Subsection (1) applies even if:\n\n (a) the AFP appointee who engaged in the conduct has ceased to be an AFP appointee; or\n\n (b) the conduct:\n\n (i) was engaged in while the AFP appointee was not on duty; or\n\n (ii) is conduct of a private character; or\n\n (iii) was engaged in before the AFP appointee became an AFP appointee; or\n\n (c) the conduct that was engaged in by the AFP appointee also involves or implicates someone who is not an AFP appointee; or\n\n (d) the period for bringing a prosecution for an offence, or other proceedings, in relation to the conduct has ended; or\n\n (e) the conduct was engaged in before the commencement of this section.\n\n (3) Subsection (1) applies whether the conduct was engaged in within, or outside, Australia.\n\n (4) To avoid doubt, information may raise an AFP conduct issue even if the identity of the AFP appointee who engaged in the conduct is unknown, is uncertain or is not disclosed in the information.\n\n (5) This section has effect subject to section 40RJ.\n\n (6) A reference in this section to engaging in conduct includes a reference to failing, or refusing, to engage in conduct.\n\n40RI  AFP practices issues\n\n (1) For the purposes of this Act, an AFP practices issue is an issue about the practices or procedures of the Australian Federal Police (whether those practices or procedures are carried out within, or outside, Australia).\n\n (2) Without limiting subsection (1), an AFP practices issue includes an issue of whether a practice or procedure of the Australian Federal Police is or has been:\n\n (a) contrary to law; or\n\n (b) unreasonable, unjust, oppressive or improperly discriminatory; or\n\n (c) inadequate; or\n\n (d) otherwise wrong or inappropriate.\n\n (3) For the purposes of this Act, the practices or procedures of the Australian Federal Police include:\n\n (a) the rules, orders and instructions (including the Commissioner’s Orders) in accordance with which AFP appointees are required to perform their duties; and\n\n (b) the policies adopted or followed by the Australian Federal Police; and\n\n (c) the practices and procedures ordinarily followed by AFP appointees in the performance of their duties.\n\n (4) This section has effect subject to section 40RJ.\n\n40RJ  Exclusion of certain employment action\n\n (1) For the purposes of this Act, an AFP conduct issue does not include an issue that relates to conduct of a person that is conduct that:\n\n (a) consists of action taken in relation to an AFP appointee’s employment; and\n\n (b) involves neither:\n\n (i) a contravention by the person of the AFP professional standards; nor\n\n (ii) corrupt conduct by the person.\n\n (2) For the purposes of this Act, an AFP practices issue does not include an issue that relates a practice or procedure of the Australian Federal Police that is a practice or procedure that:\n\n (a) relates to action taken in relation to AFP appointees’ employment; and\n\n (b) involves neither:\n\n (i) contraventions the AFP professional standards; nor\n\n (ii) corrupt conduct by AFP appointees.\n\n (3) Without limiting subsections (1) and (2), action taken in relation to an AFP appointee’s employment includes action taken in relation to:\n\n (a) the appointment of the AFP appointee; or\n\n (b) the terms and conditions of employment of the AFP appointee; or\n\n (c) the promotion of the AFP appointee; or\n\n (d) the termination of the AFP appointee’s appointment; or\n\n (e) the management of performance that does not meet AFP professional standards; or\n\n (f) the payment of remuneration to the AFP appointee.\n\nSubdivision E—Categories of AFP conduct issues and managers\n\n40RK  Categories of conduct\n\n (1) There are 4 categories of conduct for the purposes of this Act.\n\n (2) The lowest, and least serious, is category 1.\n\n (3) The next highest, and next most serious, is category 2.\n\n (4) The next highest, and next most serious, is category 3.\n\n (5) The highest, and most serious, is conduct giving rise to a corruption issue.\n\n (6) If conduct would otherwise belong to more than one category, it is taken to belong to the higher or highest of those categories.\n\n (7) The category to which conduct belongs may change as more information is obtained in relation to the conduct.\n\n40RL  Categories of AFP conduct issues\n\n (1) A category 1 conduct issue is an issue of whether an AFP appointee has engaged in category 1 conduct.\n\n (2) A category 2 conduct issue is an issue of whether an AFP appointee has engaged in category 2 conduct.\n\n (3) A category 3 conduct issue is an issue of whether an AFP appointee has engaged in category 3 conduct.\n\n40RM  AFP Commissioner and Ombudsman to determine the kinds of conduct that are to be category 1, category 2 or category 3 conduct\n\n (1) Subject to sections 40RN, 40RO and 40RP, the Commissioner and the Ombudsman may jointly determine, by legislative instrument:\n\n (a) the kind of conduct that is to be category 1 conduct for the purposes of this Act; and\n\n (b) the kind of conduct that is to be category 2 conduct for the purposes of this Act; and\n\n (c) the kind of conduct that is to be category 3 conduct for the purposes of this Act.\n\n (2) If there is no determination under subsection (1) that applies to particular conduct, the conduct is to be taken to be category 3 conduct for the purposes of this Act.\n\n40RN  Category 1 conduct\n\n  The Commissioner and the Ombudsman may determine under subsection 40RM(1) that conduct of a particular kind is to be category 1 conduct for the purposes of this Act only if they are satisfied that:\n\n (a) conduct of that kind is inappropriate conduct that:\n\n (i) relates to minor management matters or customer service matters; or\n\n (ii) reveals a need for improvement in the performance of the AFP appointee concerned; and\n\n (b) conduct of that kind does not warrant being treated as category 2 or category 3 conduct for the purposes of this Act.\n\n40RO  Category 2 conduct\n\n  The Commissioner and the Ombudsman may determine under subsection 40RM(1) that conduct of a particular kind is to be category 2 conduct for the purposes of this Act only if they are satisfied that:\n\n (a) conduct of that kind is:\n\n (i) minor misconduct by an AFP appointee; or\n\n (ii) inappropriate conduct that reveals unsatisfactory behaviour by an AFP appointee; and\n\n (b) conduct of that kind:\n\n (i) would otherwise be category 1 conduct; and\n\n (ii) warrants, because of its repeated nature, being treated as category 2 conduct for the purposes of this Act; and\n\n (c) conduct of that kind does not warrant being treated as category 3 conduct for the purposes of this Act.\n\n40RP  Category 3 conduct\n\n (1) The Commissioner and the Ombudsman may determine under subsection 40RM(1) that conduct of a particular kind is to be category 3 conduct for the purposes of this Act only if they are satisfied that:\n\n (a) conduct of that kind:\n\n (i) is serious misconduct by an AFP appointee; or\n\n (ii) raises the question whether termination action should be taken in relation to an AFP appointee; or\n\n (iii) involves a breach of the criminal law, or serious neglect of duty, by an AFP appointee; and\n\n (b) conduct of that kind does not raise a corruption issue.\n\n (2) Subparagraphs (1)(a)(ii) and (iii) do not limit subparagraph (1)(a)(i).\n\n40RQ  Managers for particular categories of AFP conduct issues\n\n  The Commissioner may issue Commissioner’s orders under section 38:\n\n (a) authorising particular kinds of AFP appointees to act as managers for category 1 conduct issues; or\n\n (b) authorising particular kinds of AFP appointees to act as managers for category 2 conduct issues.\n\n","sortOrder":37},{"sectionNumber":"Div 2","sectionType":"division","heading":"Raising AFP conduct and practices issues with the AFP for action under Division 3","content":"Division 2—Raising AFP conduct and practices issues with the AFP for action under Division 3\n\n40SA  Giving information that raises an AFP conduct or practices issue\n\n (1) A person may give information that raises an AFP conduct or practices issue to:\n\n (a) the Commissioner; or\n\n (b) an AFP appointee.\n\n (2) The person:\n\n (a) may give the information orally or in writing; and\n\n (b) may give the information anonymously.\n\n (3) For the purposes of this Act, the person is a complainant in relation to the AFP conduct or practices issue, if:\n\n (a) the person expressly indicates; or\n\n (b) the manner in which the person gives the information necessarily implies;\n\nthat he or she wishes to be kept informed of the action taken in relation to the issue.\n\n (4) If the person gives the information orally, the Commissioner, the AFP appointee to whom the information is given or the AFP appointee or other person to whom the issue is allocated:\n\n (a) may reduce the information to writing; and\n\n (b) may, at any time, require the person giving the information to reduce the information to writing; and\n\n (c) may, if he or she makes a requirement under paragraph (b), decline to take any further action in relation to the information until the person giving the information reduces the information to writing.\n\n (5) If the Ombudsman decides to refer information under subsection 6(21) of the Ombudsman Act 1976, the person who gave the information to the Ombudsman is taken to have given the Commissioner information that raises an AFP conduct or practices issue under this section.\n\n (6) A person’s right to give information under this section:\n\n (a) is in addition to the provisions of any other law; and\n\n (b) does not affect the operation of any other law; and\n\n (c) without limiting the generality of paragraphs (a) and (b), does not:\n\n (i) prevent or affect the taking of legal proceedings under some other law in respect of conduct engaged in by an AFP appointee; or\n\n (ii) affect the operation of any other law in respect of legal proceedings so taken.\n\n40SB  Arrangements for person in custody to give information\n\n (1) This section applies if a person (the detainee) is being detained in custody.\n\n (2) For the purposes of this section, a custodian is:\n\n (a) the person in whose custody the detainee is being detained; or\n\n (b) another person performing duties in connection with the detainee’s detention.\n\n (3) The detainee may request a custodian to provide the detainee with:\n\n (a) facilities for preparing written information to give the Commissioner under section 40SA; and\n\n (b) facilities for giving further information to:\n\n (i) the Commissioner; or\n\n (ii) the person to whom the relevant AFP conduct or practices issue is allocated; and\n\n (c) facilities for enclosing the complaint or the further information in a sealed envelope.\n\n (4) If the detainee requests facilities under subsection (3), the detainee is entitled to be provided with those facilities.\n\n (5) The detainee may request a custodian to have sent to the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) a sealed envelope that is:\n\n (a) delivered by the detainee to the custodian; and\n\n (b) addressed to the Commissioner (or the person to whom the issue is allocated).\n\n (6) If the detainee makes a request under subsection (5), the detainee is entitled to have the envelope delivered to the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) without undue delay.\n\n (7) The detainee is entitled to have delivered to the detainee, without undue delay, any sealed envelope that:\n\n (a) is addressed to the detainee and sent by the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated); and\n\n (b) comes into the possession, or under the control, of a custodian.\n\n (8) A custodian is not entitled to open, or inspect any document enclosed in, a sealed envelope that:\n\n (a) either:\n\n (i) is addressed to the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) and delivered by the detainee to a custodian for sending to the Commissioner; or\n\n (ii) is addressed to the detainee and sent by the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated); and\n\n (b) comes into the possession, or under the control, of a custodian.\n\n (9) For the purposes of this section, the Commissioner may make arrangements with the appropriate authority of a State or a Territory for the identification and delivery of sealed envelopes sent by the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) to persons detained in custody in that State or Territory.\n\n40SC  Recording and dealing with information given under section 40SA\n\n (1) If a person gives information to another person (the recipient) under section 40SA, the recipient must:\n\n (b) deal with the information in accordance with the Commissioner’s orders issued for the purposes of subsection 40TA(1).\n\n (2) Subsection (1) does not apply if:\n\n (a) the issue to which the information relates is:\n\n (i) a category 1 conduct issue; or\n\n (ii) an AFP practices issue; and\n\n (b) the recipient is satisfied that the issue:\n\n (i) arises as a result of a misunderstanding of the facts, the law or the practices or procedures of the Australian Federal Police; or\n\n (ii) is otherwise appropriate for informal resolution; and\n\n (c) the recipient is satisfied that:\n\n (i) giving an explanation to the person giving the information; or\n\n (ii) taking other action;\n\n  is likely to resolve the issue; and\n\n (d) the recipient is satisfied that the recipient is able to give the person giving the information that explanation, or arrange for that action to be taken, within a reasonable period.\n\n (3) If the issue is not resolved within a reasonable period, the recipient must:\n\n (b) deal with the information in accordance with the Commissioner’s orders issued for the purposes of subsection 40TA(1).\n\n40SD  Commissioner may decide that AFP conduct issue should be dealt with under this Part\n\n  The Commissioner may decide, on his or her own initiative, that an AFP conduct issue is to be dealt with under this Part.\n\n40SE  Recording and dealing with information referred under section 40SD\n\n  If the Commissioner decides under section 40SD that an AFP conduct issue is to be dealt with under this Part, the Commissioner must:\n\n (b) deal with the issue in accordance with the Commissioner’s orders issued for the purposes of subsection 40TA(1).\n\n","sortOrder":38},{"sectionNumber":"Div 3","sectionType":"division","heading":"Dealing with AFP conduct or practices issues","content":"Division 3—Dealing with AFP conduct or practices issues\n\nSubdivision A—Preliminary\n\n40TA  Commissioner’s orders about how AFP conduct or practices issues are dealt with\n\n (1) The Commissioner may issue Commissioner’s orders under section 38 in relation to how:\n\n (a) AFP conduct or practices issues; and\n\n (b) information about AFP conduct or practices issues;\n\nare to be dealt with by AFP appointees under this Part.\n\n (2) Without limiting subsection (1), the Commissioner must, so far as practicable, ensure that the complainant (if any) in relation to an AFP conduct issue:\n\n (a) is kept informed, as frequently as is reasonable, and to the extent that is reasonable, in the circumstances, of progress in dealing with:\n\n (i) the AFP conduct issue; and\n\n (ii) any AFP practices issue that the person to whom the issue is allocated identifies in the course of dealing with the AFP conduct issue; and\n\n (b) is advised of any action taken in relation to an issue referred to in paragraph (a).\n\n (3) Without limiting subsection (1), the Commissioner must, so far as practicable, ensure that the complainant (if any) in relation to an AFP practices issue:\n\n (a) is kept informed, as frequently as is reasonable, and to the extent that is reasonable, in the circumstances, of progress in dealing with the AFP practices issue; and\n\n (b) is advised of any action taken in relation to the AFP practices issue.\n\n40TB  Dealing with related AFP conduct issues that have different categories\n\n  If:\n\n (a) a number of AFP conduct issues relate to the same AFP appointee; and\n\n (b) those AFP conduct issues belong to different categories;\n\nthose AFP conduct issues may be dealt with together as if they all belonged to the higher or highest of those categories.\n\n40TC  Training and development action\n\n (1) For the purposes of this Act, training and development action in relation to an AFP appointee is action taken to improve the appointee’s performance through training and development.\n\n (2) Without limiting subsection (1), training and development action in relation to the AFP appointee may take one or more of the following forms:\n\n (a) coaching the AFP appointee or making arrangements for the AFP appointee to be coached;\n\n (b) mentoring the AFP appointee or making arrangements for the AFP appointee to be mentored;\n\n (c) making arrangements for the AFP appointee to undertake training activities;\n\n (d) making arrangements for the AFP appointee to undertake development activities;\n\n (e) increasing, or making arrangements for increasing, the level of supervision of the AFP appointee’s work.\n\n40TD  Remedial action\n\n (1) For the purposes of this Act, remedial action in relation to an AFP appointee is action taken to remedy unsatisfactory performance by the AFP appointee.\n\n (2) Without limiting subsection (1), remedial action in relation to the AFP appointee may include one or more of the following:\n\n (a) action taken to improve the AFP appointee’s behaviour;\n\n (b) structured changes to the AFP appointee’s employment;\n\n (c) the recording of adverse findings against the AFP appointee (whether for a particular period or permanently).\n\n (3) Without limiting paragraph (2)(a), remedial action in relation to the AFP appointee may take one or more of the following forms:\n\n (a) counselling the AFP appointee or arranging for the AFP appointee to be counselled;\n\n (b) reprimanding the AFP appointee;\n\n (c) giving the AFP appointee a formal warning;\n\n (d) requiring the AFP appointee to adopt particular improvement strategies.\n\n (4) Without limiting paragraph (2)(b), remedial action in relation to the AFP appointee may take one or more of the following forms:\n\n (a) changing the AFP appointee’s shifts or arranging for or recommending such a change;\n\n (b) restricting the AFP appointee’s duties or arranging for or recommending such a restriction;\n\n (c) reassigning the AFP appointee to other duties or arranging for or recommending such a reassignment;\n\n (d) transferring the AFP appointee to another part of the Australian Federal Police or arranging for or recommending such a transfer.\n\n40TE  Termination action\n\n  The following table sets out the action that is termination action in relation to each kind of AFP appointee for the purposes of this Act:\n\n \n\n- Termination action\n- Item For this kind of AFP appointee ... termination action is ...\n- 1 a Deputy Commissioner the Governor‑General terminating the Deputy Commissioner’s appointment\n- 2 an AFP employee the Commissioner terminating the AFP employee’s employment under section 28\n- 3 a special member the Commissioner terminating the special member’s appointment as a special member of the Australian Federal Police\n- 4 a special protective service officer the Commissioner terminating the special protective service officer’s appointment as a special protective service officer of the Australian Federal Police\n- 5 a person engaged overseas under section 69A to perform duties overseas as an employee of the Australian Federal Police the Commissioner terminating the person’s engagement\n- 6 a person (the consultant/contractor) who is engaged under section 35 as a consultant, or independent contractor, to perform services for the Australian Federal Police the Commissioner:(a) terminating the consultant/contractor’s engagement; or(b) arranging for a person to cease to perform services for the Australian Federal Police on behalf of the consultant/contractor\n- 7 a person assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D the Commissioner arranging for the person to cease to assist the Australian Federal Police in the performance of its functions\n\nSubdivision B—Discretion to take no further action in relation to issue\n\n40TF  Discretion to take no further action in relation to AFP conduct or practices issue\n\n (a) a person gives information under section 40SA that raises:\n\n (i) an AFP conduct issue in relation to conduct engaged in by an AFP appointee; or\n\n (ii) an AFP practices issue in relation to a practice or procedure of the AFP; or\n\n (b) the Commissioner decides under section 40SD that an AFP conduct issue in relation to an AFP appointee is to be dealt with under this Part.\n\n (2) The Commissioner may determine that no further action is to be taken under this Part in relation to the issue if the Commissioner is satisfied that:\n\n (a) the person became aware of the conduct, or the practice or procedure, more than 12 months before the person gave the information under section 40SA; or\n\n (b) appropriate action has already been taken:\n\n (i) against the AFP appointee in relation to the conduct; or\n\n (ii) in relation to the practice or procedure; or\n\n (c) the person giving the information has exercised a right to have the conduct, or the practice or procedure, reviewed by a court or tribunal constituted by or under a law and there is no special reason to take further action in relation to the conduct or the practice or procedure; or\n\n (d) the person giving the information has a right to have the conduct, or the practice or procedure, reviewed by a court or tribunal constituted by or under a law but has not exercised that right and, having regard to all the circumstances, it would be reasonable for the person to have exercised that right; or\n\n (e) the giving of the information is frivolous or vexatious; or\n\n (f) the information is trivial; or\n\n (g) the person giving the information did not give the information in good faith; or\n\n (h) the person giving the information does not have a sufficient interest in the AFP conduct issue or the AFP practices issue; or\n\n (i) the conduct:\n\n (i) occurred when the AFP appointee was not on duty; or\n\n (ii) was private conduct of the AFP appointee;\n\n  and was lawful and reasonable in the circumstances; or\n\n (j) the person giving the information is an AFP appointee, or has been an AFP appointee, and the information relates to action taken in relation to that AFP appointee as a result of information that was given and dealt with under this Part; or\n\n (k) the investigation, or further investigation, of the issue is not warranted having regard to all the circumstances; or\n\n (l) any other condition specified in the regulations for the purposes of this paragraph is satisfied.\n\nSubdivision C—Dealing with category 1 and category 2 conduct issues\n\n40TG  When Subdivision applies\n\n (1) This Subdivision applies if:\n\n (a) information that is given under section 40SA raises an AFP conduct issue in relation to an AFP appointee; and\n\n (b) the issue is a category 1 or category 2 conduct issue; and\n\n (c) the issue is allocated to an AFP appointee (the manager).\n\n (2) This Subdivision also applies if:\n\n (a) the Commissioner decides under section 40SD that an AFP conduct issue in relation to an AFP appointee is to be dealt with under this Part; and\n\n (b) the issue is a category 1 or category 2 conduct issue; and\n\n (c) the issue is allocated to an AFP appointee (the manager).\n\n40TH  How issue is dealt with\n\n (1) In dealing with the AFP conduct issue, the manager must:\n\n (a) ensure that:\n\n (i) the AFP appointee; and\n\n (ii) the complainant (if any);\n\n  have an adequate opportunity to be heard in relation to the issue; and\n\n (b) ensure that the AFP appointee is involved, as far as practicable, in the resolution of the issue; and\n\n (c) determine what action (if any) is to be taken under section 40TI or 40TJ in relation to the issue; and\n\n (d) consider whether the information:\n\nNote: Paragraph (d)—see also section 40TK.\n\n (2) Without limiting the ways in which the manager may deal with the AFP conduct issue, the manager may:\n\n (a) attempt to resolve the issue by conciliation; or\n\n (b) authorise another AFP appointee to attempt to resolve the issue by conciliation.\n\n (3) To avoid doubt:\n\n (a) the conduct or outcome of conciliation undertaken under subsection (2) does not limit the action that the manager may take under section 40TI or 40TJ; and\n\n (b) the manager may take into account the conduct or outcome of conciliation undertaken under subsection (2) in deciding what action (if any) to take under section 40TI or 40TJ.\n\n (4) Any information that the AFP appointee gives, in the course of conciliation undertaken under subsection (2), to:\n\n (a) the manager; or\n\n (b) the person authorised by the manager to attempt to resolve the AFP conduct issue by conciliation; or\n\n (c) the complainant;\n\nis not admissible against the AFP appointee in any criminal or civil proceedings.\n\n40TI  Action that may be taken in relation to category 1 conduct\n\n  If the manager is satisfied, on reasonable grounds, that the AFP appointee has engaged in category 1 conduct, the manager may take training and development action in relation to the AFP appointee.\n\nNote: For training and development action, see section 40TC.\n\n40TJ  Action that may be taken in relation to category 2 conduct\n\n  If the manager is satisfied, on reasonable grounds, that the AFP appointee has engaged in category 2 conduct, the manager may do either or both of the following:\n\n (a) take remedial action in relation to the AFP appointee;\n\n (b) take training and development action in relation to the AFP appointee.\n\nNote 1: For remedial action, see section 40TD.\n\nNote 2: For training and development action, see section 40TC.\n\n40TK  AFP practices issue identified in course of dealing with AFP conduct issue\n\n (1) This section applies if the manager is satisfied that the information:\n\n (a) given under section 40SA in relation to the AFP conduct issue; or\n\n (b) obtained in the course of dealing with the AFP conduct issue;\n\n (2) The manager must bring the AFP practices issue to the attention of an appropriate AFP appointee.\n\n (3) The manager may make such recommendations as the manager considers appropriate to address the AFP practices issue.\n\nSubdivision D—Dealing with category 3 conduct issues and corruption issues\n\n40TL  When Subdivision applies\n\n (1) This Subdivision applies if:\n\n (a) information that is given under section 40SA raises an AFP conduct issue in relation to an AFP appointee; and\n\n (b) the issue is a category 3 conduct issue.\n\n (2) This Subdivision also applies if:\n\n (a) the Commissioner decides under section 40SD that an AFP conduct issue in relation to an AFP appointee is to be dealt with under this Part; and\n\n (b) the issue is a category 3 conduct issue.\n\n (3) This Subdivision also applies if:\n\n (a) the Commissioner notifies the Integrity Commissioner of a corruption issue under section 19 of the Law Enforcement Integrity Commissioner Act 2006 and the Australian Federal Police investigates the issue under subsection 22(1) of that Act; or\n\n (b) a corruption issue relates to the conduct of an AFP appointee and the Integrity Commissioner refers the issue to the Australian Federal Police under Division 2 of Part 4 of that Act.\n\n (4) This Subdivision also applies if the Ombudsman arranges with the Commissioner under section 8D of the Ombudsman Act 1976 for a category 3 conduct issue to be dealt with jointly by the Ombudsman and the Australian Federal Police.\n\n40TM  Head of unit constituted under section 40RD to notify Ombudsman of category 3 conduct issues\n\n (1) The head of the unit constituted under section 40RD must notify the Ombudsman of the issue if the issue is a category 3 conduct issue.\n\n (2) Subsection (1) does not apply if this Subdivision applies to the issue because of subsection 40TL(4) (Ombudsman arranging for issue to be dealt with jointly by Ombudsman and Australian Federal Police).\n\n40TN  Head of unit constituted under section 40RD generally allocates issues for investigation\n\n (1) Subject to section 40TO, the head of the unit constituted under section 40RD must allocate the issue to a person who is a member or special member for investigation.\n\n (2) Without limiting subsection (1), the head of the unit may allocate the issue to himself or herself.\n\n (3) The head of the unit may allocate the issue to a person who is not a member of the unit only with the Commissioner’s agreement.\n\n40TO  Commissioner must allocate issue to someone outside unit constituted under section 40RD in certain circumstances\n\n (a) the issue relates to the conduct of a person who is a member of the unit constituted under section 40RD; or\n\n (b) the issue does not relate to the conduct of a person who is a member of the unit but the Commissioner is satisfied that it would be inappropriate, for any reason, for the issue to be allocated to a person who is a member of that unit for investigation.\n\n (2) The Commissioner must allocate the issue to a person for investigation.\n\n (3) The person to whom the issue is allocated must not be a member of the unit constituted under section 40RD.\n\n (4) A corruption issue must not be allocated to the Ombudsman.\n\n (5) Without limiting subsection (2), the Commissioner may, with the agreement of the Ombudsman, allocate the issue to the Ombudsman if the issue is a category 3 conduct issue.\n\n (6) If:\n\n (a) the issue is a category 3 conduct issue; and\n\n (b) the Commissioner allocates the issue under subsection (2) to someone other than the Ombudsman;\n\nthe Commissioner must consult with the Ombudsman about the choice of the person to whom the issue is to be allocated.\n\n (7) If the issue is a corruption issue, the Commissioner must consult with the Integrity Commissioner about the choice of the person to whom the issue is to be allocated.\n\n40TP  Persons eligible to have category 3 conduct issue or corruption issue allocated to them\n\n  The issue may be allocated to a person under section 40TN or 40TO only if the person has appropriate qualifications or experience to conduct the investigation of the issue.\n\n40TQ  How category 3 conduct issue or corruption issue is dealt with\n\n (1) This section applies if the issue is allocated to a person under section 40TN or 40TO.\n\n (2) In investigating the issue, the investigator must:\n\n (a) ensure that:\n\n (i) the AFP appointee; and\n\n (ii) the complainant (if any);\n\n  have, subject to the requirements of the investigation, an adequate opportunity to be heard in relation to the issue; and\n\n (b) consider whether the information:\n\n40TR  Recommendations that may be made in relation to category 3 conduct or corrupt conduct\n\n (1) If the investigator is satisfied, on reasonable grounds, that the AFP appointee has engaged in category 3 conduct or corrupt conduct, the investigator may recommend that any one or more of the following be taken in relation to the AFP appointee:\n\n (a) termination action;\n\n (b) remedial action;\n\n (c) training and development action;\n\n (d) any other action that the Commissioner can take in relation to the AFP appointee.\n\nNote 1: For termination action, see section 40TE.\n\nNote 2: For remedial action, see section 40TD.\n\nNote 3: For training and development action, see section 40TC.\n\nNote 4: If evidence emerges, at any stage of the investigation, that the AFP appointee may have committed an offence, the investigator could also arrange for the AFP appointee to be charged with the offence. This might be done even before the investigation of the issue is completed. The AFP appointee might be charged with the offence even if the investigator does not recommend that termination, remedial or training and development action to be taken in relation to the AFP appointee.\n\n (2) To avoid doubt, the Commissioner may take termination action in relation to an AFP employee whether or not a recommendation has been made by an investigator that termination action be taken in relation to the employee.\n\n40TS  Investigative powers\n\n (1) If the investigator is not the Ombudsman, the investigator has, in relation to the investigation of the issue, the powers provided for in Division 5.\n\n (2) To avoid doubt, subsection (1) applies even if the investigator is investigating the issue jointly with the Ombudsman.\n\n (3) If the investigator is the Ombudsman, the Ombudsman has, in relation to the investigation of the issue, the same powers that the Ombudsman has under the Ombudsman Act 1976 in relation to the investigation of a complaint made under that Act.\n\n40TU  Report of investigation\n\n (1) On completion of the investigation of the issue, the investigator must:\n\n (a) prepare a written report of the results of the investigation; and\n\n (b) give the report to:\n\n (i) the head of the unit constituted under section 40RD if the issue was allocated to the investigator under section 40TN; or\n\n (ii) the Commissioner if the issue was allocated to the investigator under section 40TO.\n\n (2) Subsection (1) does not apply if:\n\n (a) the issue is investigated jointly with the Ombudsman; and\n\n (b) the arrangement under which the joint investigation is conducted specifies that the Ombudsman is to lead the investigation.\n\n (3) Without limiting subsection (1), the report prepared under that subsection must include any recommendations that the investigator makes under section 40TR.\n\nNote: See also section 40TW.\n\n40TV  Taking action on report\n\n  The Commissioner must ensure that:\n\n (a) any recommendations made in the report under section 40TU are fully considered; and\n\n (b) appropriate action is taken in relation to the issue to which the report relates.\n\n40TW  AFP practices issue identified in course of dealing with AFP conduct issue\n\n (a) the investigator is satisfied that the information:\n\n  raises an AFP practices issue; and\n\n (b) the investigator prepares a report under section 40TU in relation to the investigation.\n\n (2) The investigator:\n\n (a) must identify the AFP practices issue in the report; and\n\n (b) may include in the report such recommendations as the investigator considers appropriate to address the AFP practices issue.\n\nSubdivision E—Dealing with AFP practices issues\n\n40TX  Commissioner to ensure that appropriate action is taken in relation to AFP practices issue\n\n (a) a person gives information under section 40SA that raises an AFP practices issue; or\n\n (b) an AFP practices issue is:\n\n (i) brought, under section 40TK, to the attention of an AFP appointee; or\n\n (ii) identified, under section 40TW, in a report prepared under section 40TU;\n\n  as a result of an AFP conduct issue being dealt with under this Part.\n\n (2) The Commissioner must ensure that appropriate action is taken to have the issue dealt with.\n\n","sortOrder":39},{"sectionNumber":"Div 4","sectionType":"division","heading":"Ministerially directed inquiries","content":"Division 4—Ministerially directed inquiries\n\n40UA  Minister may arrange special inquiries\n\n (1) The Minister may, if he or she thinks it appropriate to do so, arrange for an inquiry to be held, by such person or persons, and in such manner, as he or she determines, concerning:\n\n (a) any conduct engaged in by an AFP appointee; or\n\n (b) any matter relating to the practices or procedures of the Australian Federal Police; or\n\n (c) any other matter relating to the Australian Federal Police.\n\n (2) Subsection (1) applies even if:\n\n (a) the conduct referred to in paragraph (1)(a) is:\n\n (i) being dealt with under Division 3; or\n\n (ii) the subject of a complaint made to the Ombudsman; or\n\n (b) the matter referred to in paragraph (1)(b) is:\n\n (i) a practice or procedure that is being dealt with under Division 3; or\n\n (ii) the subject of a complaint made to the Ombudsman.\n\n40UB  Minister to inform certain persons and bodies of inquiry\n\n (1) If the Minister arranges under section 40UA for an inquiry to be held into any conduct or other matter, the Minister must inform the following of the inquiry:\n\n (a) the Ombudsman;\n\n (b) the Integrity Commissioner;\n\n (c) such other persons or bodies as the Minister considers appropriate.\n\n (2) The Minister must inform those people, and those bodies, of:\n\n (a) the fact that the inquiry will be held; and\n\n (b) the conduct or matter into which the inquiry is to be held; and\n\n (c) the person or persons who are to conduct the inquiry; and\n\n (d) the manner in which the inquiry will be held.\n\n40UC  Division 3 investigation may be suspended pending outcome of inquiry\n\n (a) the Minister arranges under section 40UA for an inquiry to be held into conduct or a matter; and\n\n (b) the conduct or matter is being dealt with, or is about to be dealt with, under Division 3.\n\n (2) The Commissioner may suspend further action in relation to the conduct or matter under Division 3 until the inquiry has been completed.\n\n (3) If the Commissioner:\n\n (a) receives a report in relation to the inquiry; and\n\n (b) is satisfied, having considered that report, that it is appropriate to do so;\n\nthe Commissioner may terminate the investigation of the conduct or matter under Division 3.\n\n (4) If the conduct or matter is being dealt with under Division 3 jointly by the Ombudsman and the Australian Federal Police, the Commissioner may take action under subsection (2) or (3) only after consulting the Ombudsman.\n\n40UD  Reports of special inquiries\n\n (1) If an inquiry is held in accordance with arrangements made under section 40UA, the person holding the inquiry:\n\n (a) must report to the Minister the results of the inquiry; and\n\n (b) may make such recommendations (if any) arising out of the inquiry as the person considers appropriate.\n\n (2) On receipt of a report of the results of an inquiry held in accordance with arrangements made under section 40UA, the Minister may cause such action to be taken, arising out of the Minister’s consideration of the report, as he or she thinks fit.\n\n (3) Without limiting subsection (2), the Minister may do one or more of the following:\n\n (a) give a copy of the report to the Commissioner;\n\n (b) give a copy of the report to the Ombudsman;\n\n (c) give a copy of the report to the Integrity Commissioner;\n\n (d) recommend to the Commissioner that the Commissioner consider directing that training and development action be taken in relation to an AFP appointee;\n\n (e) recommend to the Commissioner that the Commissioner consider directing that remedial action be taken in relation to an AFP appointee;\n\n (f) recommend to the Commissioner that the Commissioner consider directing that termination action be taken in relation to an AFP appointee;\n\n (g) recommend that an AFP appointee be charged with a criminal offence;\n\n (h) refer a corruption issue in relation to an AFP appointee to the Integrity Commissioner.\n\n","sortOrder":40},{"sectionNumber":"Div 5","sectionType":"division","heading":"Investigative powers","content":"Division 5—Investigative powers\n\n40VA  Application of Division\n\n (1) This Division applies if a person (the investigator):\n\n (a) is investigating a category 3 conduct issue or a corruption issue under Division 3; or\n\n (b) is conducting an inquiry under Division 4.\n\n (2) The powers provided for in this Division are in addition to any other powers the investigator may have.\n\nNote: For example, if the investigator is a member, or special member, of the Australian Federal Police and the investigation or inquiry involves a possible criminal offence against a law of the Commonwealth, the investigator may have powers in relation to the investigation of offences against the laws of the Commonwealth.\n\n40VB  Manner of conducting investigation or inquiry\n\n (1) The investigation or inquiry is to be conducted, subject to this Division, in such manner as the investigator thinks fit.\n\n (2) If the Ombudsman makes an arrangement with the Commissioner under section 8D of the Ombudsman Act 1976 in relation to the investigation of the issue, the investigator must:\n\n (a) investigate the issue jointly with the Ombudsman; and\n\n (b) investigate the issue in accordance with the arrangement.\n\n (3) If:\n\n (a) the investigator is investigating a category 3 conduct issue or a corruption issue; and\n\n (b) the head of the unit constituted under section 40RD allocated the issue to the investigator;\n\nthe head of that unit may give the investigator directions as to the manner in which the investigation is to be conducted and the investigator must comply with those directions.\n\n (4) Subsection (3) has effect subject to subsection (2).\n\n (5) If:\n\n (a) the investigator is investigating a category 3 conduct issue or a corruption issue; and\n\n (b) the Commissioner allocated the issue to the investigator;\n\nthe Commissioner may give the investigator directions as to the manner in which the investigation is to be conducted and the investigator must comply with those directions.\n\n (6) Subsection (5) has effect subject to subsection (2).\n\n (7) If the investigator is conducting an inquiry under Division 4, the Minister may give the investigator directions as to the manner in which the investigation is to be conducted and the investigator must comply with those directions.\n\n (8) A direction given to the investigator under subsection (3), (5) or (7) is not a legislative instrument.\n\n40VC  Obtaining information and making inquiries\n\n (1) For the purposes of the investigation or inquiry, the investigator may obtain information from such persons, and make such inquiries, as he or she thinks fit.\n\n (2) Subsection (1) has effect subject to this Division.\n\n40VD  Relationship with other laws\n\n (1) Sections 40VB and 40VC do not authorise an AFP appointee to contravene, or fail to comply with, a law that would, if those sections had not been enacted, apply in relation to the investigation or inquiry.\n\n (2) Nothing in subsection (1) affects the operation of any other provision of this Division.\n\n40VE  Directions to AFP appointee\n\nInvestigator may give directions to AFP appointee\n\n (1) The investigator may, for the purposes of the investigation or inquiry, direct an AFP appointee:\n\n (a) to give the investigator information (in the manner and form specified in the direction); or\n\n (b) to produce to the investigator a document, record or thing; or\n\n (c) to answer a question; or\n\n (d) to do anything else that is reasonably necessary for the purposes of obtaining evidence in relation to the investigation or inquiry.\n\nNote: Failure to comply with the direction is an offence against subsection 40VH(1).\n\n (2) A direction under subsection (1) has no effect unless the investigator:\n\n (a) states in the direction that the AFP appointee to whom the direction is given is being expressly directed under that subsection; and\n\n (b) specifies in the direction the substance of the subject matter of the investigation or inquiry; and\n\n (c) if it is practicable to do so—gives the direction in writing; and\n\n (d) if the direction is given in writing—gives the AFP appointee a copy of the direction.\n\nObligation to comply with direction\n\n (3) If an AFP appointee is directed under subsection (1) to give information, produce a document, record or thing, answer a question or do something else for the purposes of obtaining evidence, the AFP appointee is not excused from complying with the direction:\n\n (a) on the ground that complying with the direction:\n\n (i) would be contrary to the public interest; or\n\n (ii) might make him or her liable to a penalty; or\n\n (b) on the ground that the information, the production of the document, record or thing, the answer to the question or the evidence obtained by doing that thing might tend to incriminate him or her; or\n\n (c) on any other ground.\n\nUse to which information etc. may be put\n\n (4) The information, the production of the document, record or thing, the answer to the question or the evidence obtained by doing that thing, is not admissible in evidence against the AFP appointee in any civil or criminal proceedings other than:\n\n (a) proceedings for an offence against subsection 40VH(1); or\n\n (b) proceedings in relation to termination action taken in relation to the AFP appointee; or\n\n (c) proceedings under the Safety, Rehabilitation and Compensation Act 1988; or\n\n (d) proceedings in tort that the AFP appointee institutes against the Commonwealth.\n\n (5) Nothing in subsection (4) is taken to affect the admissibility in evidence, in any civil or criminal proceedings, of:\n\n (a) any information given by an AFP appointee to the investigator; or\n\n (b) the production of a document, record or thing by an AFP appointee to the investigator; or\n\n (c) an answer given by an AFP appointee to a question put to him or her by the investigator; or\n\n (d) evidence obtained by an AFP appointee doing something for the purposes of obtaining evidence at the request of the investigator;\n\nif the AFP appointee has not been expressly directed, under subsection (1), to give the information, to produce the document, record or thing, to answer the question or to do that thing.\n\n (6) If a document, record or thing is produced to the investigator under a direction under subsection (1), the investigator may:\n\n (a) examine the document, record or other thing; and\n\n (b) retain possession of the document, record or other thing for such period as is necessary for the purposes of the investigation or inquiry.\n\nIf the investigator retains possession of a document, record or thing under paragraph (b) during a particular period, the investigator must allow a person who would be entitled to inspect the document, record or thing if it was not in the investigator’s possession to inspect the document, record or thing at all reasonable times.\n\n (7) If a document or record is produced to the investigator under a direction under subsection (1), the investigator may take extracts from, or a copy of, the document or record.\n\n (8) For all the purposes of this Act, and the regulations in force under this Act, a direction given by the investigator under subsection (1) has effect as if it had been given by the Commissioner.\n\n (9) An AFP appointee is not liable to any penalty (other than a penalty under this Act) merely because the appointee:\n\n (a) gives information; or\n\n (b) produces a document, record or thing; or\n\n (c) answers a question; or\n\n (d) does something else;\n\nwhen directed to do so by the investigator under this section.\n\nDirection is not a legislative instrument\n\n (10) If a direction given by an investigator under subsection (1) is in writing, the direction is not a legislative instrument.\n\n40VF  Entering and searching AFP premises\n\n (1) For the purposes of the investigation or inquiry, the investigator may:\n\n (a) enter, at any time, premises occupied by the Australian Federal Police; and\n\n (b) carry on the investigation or inquiry on those premises; and\n\n (c) search those premises; and\n\n (d) examine any document, record or other thing that is on those premises and that is relevant to the investigation or inquiry; and\n\n (e) take extracts from, or a copy of, any document or record that is on those premises and that is relevant to the investigation or inquiry; and\n\n (f) retain possession of the document, record or thing for such period as is necessary for the purposes of the investigation or inquiry.\n\n (2) If the investigator retains possession of a document, record or thing under paragraph (1)(f) during a particular period, the investigator must allow a person who would be entitled to inspect the document, record or thing, if it was not in the investigator’s possession, to inspect the document, record or thing at all reasonable times.\n\n (3) The document, record or thing referred to in paragraph (1)(d), (e) or (f) need not be one that is being used by the Australian Federal Police.\n\n (4) In this section:\n\npremises includes a place, vehicle, vessel and aircraft.\n\n40VG  Special powers if investigator conducting inquiry under Division 4\n\nSection applies to inquiries\n\n (1) This section applies if the investigator is conducting an inquiry under Division 4.\n\nInvestigator may give direction\n\n (2) For the purposes of the inquiry, the investigator may:\n\n (a) direct an AFP appointee to attend before him or her at the time and place specified in the direction and to answer questions relevant to the inquiry when the AFP appointee attends; and\n\n (b) administer an oath or affirmation to the AFP appointee; and\n\n (c) examine the AFP appointee on oath or affirmation; and\n\n (d) by means of sound recording apparatus or otherwise, make a record of any information furnished, or answer given, in compliance with such a direction or cause such a record to be made.\n\nNote: Failure to comply with a direction under paragraph (a), or to be sworn or make an affirmation under paragraph (b), is an offence (see subsection 40VH(1)).\n\n (3) A direction under subsection (2) has no effect unless the investigator:\n\n (a) states in the direction that the AFP appointee to whom the direction is given is being expressly directed under that subsection; and\n\n (b) specifies in the direction the substance of the subject matter of the inquiry; and\n\n (c) if it is practicable to do so—gives the direction in writing; and\n\n (d) if the direction is given in writing—gives the AFP appointee a copy of the direction.\n\nObligation to comply with direction\n\n (4) If an AFP appointee is directed under subsection (2) to answer a question, the AFP appointee is not excused from complying with the direction:\n\n (a) on the ground that answering the question:\n\n (i) would be contrary to the public interest; or\n\n (ii) might make him or her liable to a penalty; or\n\n (b) on the ground that the answer to the question might tend to incriminate him or her; or\n\n (c) on any other ground.\n\nUse to which answer may be put\n\n (5) The answer to the question is not admissible in evidence against the AFP appointee in any civil or criminal proceedings other than:\n\n (a) proceedings for an offence against subsection 40VH(1); or\n\n (b) proceedings in relation to termination action taken in relation to the AFP appointee; or\n\n (c) proceedings under the Safety, Rehabilitation and Compensation Act 1988; or\n\n (d) proceedings in tort that the AFP appointee institutes against the Commonwealth.\n\n (6) Nothing in subsection (5) is taken to affect the admissibility in evidence, in any civil or criminal proceedings, of an answer given by an AFP appointee to a question put to him or her by the investigator if the AFP appointee has not been expressly directed, under subsection (2), to answer the question.\n\nDirection has same effect as if given by Commissioner\n\n (7) For all the purposes of this Act, and the regulations in force under this Act, a direction given by the investigator under subsection (2) has effect as if it had been given by the Commissioner.\n\nAFP appointee not liable to penalty for answering question\n\n (8) An AFP appointee is not liable to any penalty (other than a penalty for an offence against subsection 40VH(1)) under the provisions of any other law because the AFP appointee answers a question when directed to do so by the investigator under subsection (2).\n\nDirection is not a legislative instrument\n\n (10) If a direction given by an investigator under subsection (2) is in writing, the direction is not a legislative instrument.\n\n40VH  Offences\n\n (1) An AFP appointee commits an offence if the AFP appointee:\n\n (a) refuses or fails to comply with a direction given under subsection 40VE(1) or 40VG(2); or\n\n (b) refuses or fails to be sworn or make an affirmation, when required to do so under subsection 40VG(2); or\n\n (c) gives information or makes a statement to the investigator knowing that it is false or misleading in a material particular.\n\nPenalty: Imprisonment for 6 months.\n\n (2) Subsection (1) does not apply if the AFP appointee has a reasonable excuse.\n\nNote: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n (3) In any proceedings for an offence against subsection (1), the prosecution bears the onus of proving that:\n\n (a) the investigator complied with subsection 40VE(2) in relation to a direction under subsection 40VE(1); or\n\n (b) the investigator complied with subsection 40VG(3) in relation to a direction under subsection 40VG(2).\n\n","sortOrder":41},{"sectionNumber":"Div 6","sectionType":"division","heading":"Record keeping","content":"Division 6—Record keeping\n\n40WA  Record keeping\n\n (1) The Commissioner must ensure that adequate records are kept for the purposes of this Part.\n\n (2) Without limiting subsection (1), the Commissioner must ensure that records are kept of:\n\n (a) information that is given under section 40SA; and\n\n (b) the action (if any) that is taken in relation to the AFP conduct or practices issue raised by that information; and\n\n (c) if the issue is an AFP conduct issue—the action (if any) that is taken in relation to any AFP practices issue that is:\n\n (i) brought, under section 40TK, to the attention of an AFP appointee; or\n\n (ii) identified, under section 40TW, in a report prepared under section 40TU;\n\n  as a result of the AFP conduct issue being dealt with under this Part.\n\n (3) Subsection (2) does not apply if subsection 40SC(2) (which deals with category 1 conduct issues that are resolved without being recorded) applies to the information.\n\n (4) The Integrity Commissioner is entitled to have access to the records kept under this section for the purposes of performing the Integrity Commissioner’s functions.\n\n (5) Without limiting section 40XC, the Ombudsman is entitled to have access to the records kept under this section for the purposes of performing the Ombudsman’s functions.\n\n40WB  Records about corruption issues\n\n (1) The Integrity Commissioner may direct the Commissioner that access to information about a corruption issue is to be restricted in the way specified in the direction.\n\nNote: For example, the Integrity Commissioner might direct that the information that would otherwise be entered on a database is not to be entered on the database or that, if the information is entered on a database, access to the information on the database is to be restricted in some way.\n\n (2) The Commissioner must comply with the direction.\n\n","sortOrder":42},{"sectionNumber":"Div 7","sectionType":"division","heading":"Ombudsman review","content":"Division 7—Ombudsman review\n\n40XA  Annual reviews by Ombudsman\n\n (1) For the purposes of this section, the review periods are:\n\n (a) the period of 12 months commencing on the day on which the Law Enforcement (AFP Professional Standards and Related Measures) Act 2006 commences; and\n\n (b) each succeeding period of 12 months.\n\n (2) At least once in each review period, the Ombudsman must, for the purposes of reviewing the administration of this Part during that period, inspect the records of AFP conduct issues and AFP practices issues that have been, or are being, dealt with under Divisions 3 and 4 during that period.\n\n40XB  Ad hoc reviews by Ombudsman\n\n  The Ombudsman may, at any time, inspect the records of AFP conduct issues and AFP practices issues dealt with under Divisions 3 and 4 for the purposes of reviewing the administration of this Part.\n\n40XC  Commissioner to provide information and access to documents\n\n  For the purposes of a review conducted under section 40XA or 40XB, the Ombudsman may require the Commissioner to give the Ombudsman the information, and the access to documents, that the Ombudsman requests.\n\n40XD  Annual reports by Ombudsman\n\n (1) The Ombudsman must, as soon as practicable after 30 June each year, prepare a report of the Ombudsman’s work and activities under this Division during the preceding 12 months and give copies of the report to the President of the Senate and the Speaker of the House of Representatives for presentation to the Senate and the House of Representatives, respectively.\n\n (2) The report must include comments as to the comprehensiveness and adequacy of the administration of matters under Divisions 3 and 4.\n\n","sortOrder":43},{"sectionNumber":"Div 8","sectionType":"division","heading":"Offences","content":"Division 8—Offences\n\n40YA  Victimisation\n\n (1) A person commits an offence if the person causes, or threatens to cause, detriment to another person (the victim) on the ground that the victim, or any other person:\n\n (a) has given, or may give, information under this Part; or\n\n (b) has produced, or may produce, a document, record or thing to a person under this Part.\n\nPenalty: Imprisonment for 6 months.\n\n (2) For the purposes of subsection (1), a threat may be:\n\n (a) express or implied; or\n\n (b) conditional or unconditional.\n\n (3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n40YB  Providing false information about AFP conduct or practices issues\n\n  A person commits an offence if:\n\n (a) the person:\n\n (i) gives information under section 40SA that raises an AFP conduct or practices issue; or\n\n (ii) otherwise gives an AFP appointee information in relation to an AFP conduct or practices issue; and\n\n (b) the person knows that the information is false in a material particular.\n\nPenalty: 20 penalty units.\n\n40YC  AFP appointees to provide name, etc.\n\n  An AFP appointee commits an offence if:\n\n (a) a person requests the AFP appointee to give the person any of the following:\n\n (i) his or her name;\n\n (ii) the address of his or her place of duty;\n\n (iii) his or her identification number if her or she has an identification number; and\n\n (b) the person informs the AFP appointee, either expressly or by necessary implication, that the person:\n\n (i) is complaining, or proposes to complain, about action taken by that AFP appointee; or\n\n (ii) is giving information, or proposed to give information, under section 40SA about an AFP conduct issue that relates to conduct engaged in by that AFP appointee; and\n\n (c) the AFP appointee:\n\n (i) refuses or fails, without reasonable excuse, to comply with the request; or\n\n (ii) gives the person a name, address or identification number that is false in a material particular.\n\nPenalty: 5 penalty units.\n\n","sortOrder":44},{"sectionNumber":"Div 9","sectionType":"division","heading":"Secrecy","content":"Division 9—Secrecy\n\n40ZA  Secrecy\n\n (1) This section applies to a person (other than an AFP appointee or the Ombudsman) who conducts:\n\n (a) an investigation of a category 3 conduct issue or a corruption issue under Subdivision D of Division 3; or\n\n (b) an inquiry under Division 4.\n\nNote 1: AFP appointees are covered by the confidentiality requirements of section 60A.\n\nNote 2: The Ombudsman is covered by the confidentiality requirements of section 35 of the Ombudsman Act 1976.\n\n (2) A person who is, or has been, a person to whom this section applies commits an offence if:\n\n (a) the person (either directly or indirectly and either while he or she is, or after he or she has ceased to be, a person to whom this section applies):\n\n (i) makes a record of information; or\n\n (ii) divulges or communicates information; and\n\n (b) the information was given to, or obtained by, the person in the course of, or for the purposes of, the investigation or inquiry.\n\nPenalty: 30 penalty units.\n\n (3) Subsection (2) has effect subject to subsections (4), (5) and (6).\n\n (4) Subsection (2) does not prevent a person who is, or has been, a person to whom this section applies from making a record of, or divulging or communicating, information for the purposes of the investigation or inquiry.\n\n (5) Subsection (2) does not prevent a person who is, or has been, a person to whom this section applies from making a record of, or divulging or communicating, information with the written consent of the appropriate person.\n\n (6) Subsection (2) does not prevent a person from producing a record, or giving information, in evidence before a court.\n\n (7) For the purposes of this section, the appropriate person is:\n\n (a) the Minister in relation to a person who is conducting, or has conducted, an inquiry under Division 4; and\n\n (b) the Commissioner in relation to any other person to whom this section applies.\n\n","sortOrder":45},{"sectionNumber":"29","sectionType":"section","heading":"After subsection 67(1)","content":"29  After subsection 67(1)\n\n (1A) The report must contain, in respect of the year, prescribed particulars about:\n\n (a) the AFP conduct issues that were dealt with under Part V during that year; and\n\n (b) the action that was taken, during that year, in relation to AFP conduct issues that were dealt with under Division 3 of Part V.\n\n","sortOrder":46},{"sectionNumber":"30","sectionType":"section","heading":"Determining categories of AFP conduct issues","content":"30  Determining categories of AFP conduct issues\n\nFor the purpose of subsection 40RM(1) of the Australian Federal Police Act 1979 (as inserted by this Schedule), the Commissioner and the Ombudsman must try to jointly determine, within 3 months after the commencement of this Schedule, that conduct of a particular kind is to be:\n\n (a) category 1 conduct; or\n\n (b) category 2 conduct; or\n\n (c) category 3 conduct;\n\nfor the purposes of that Act.\n\n","sortOrder":47},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Repeal","content":"Schedule 2—Repeal\n\n \n\nComplaints (Australian Federal Police) Act 1981\n\n1  The whole of the Act\n\nRepeal the Act.\n\n2  Continued operation of Complaints (Australian Federal Police) Act 1981\n\nDespite the repeal of the Complaints (Australian Federal Police) Act 1981 by item 1 of this Schedule, that Act continues to apply, on and after the commencement of that item, to:\n\n (a) a complaint to which that Act applied that was made before the commencement of this Schedule; or\n\n (b) a matter that the Commonwealth Ombudsman referred to the Investigation Division for investigation, under section 21A of that Act, before the commencement of this Schedule.\n\nSchedule 3—Consequential amendments\n\n \n\nAdministrative Decisions (Judicial Review) Act 1977\n\n1  Paragraph 10(1)(b)\n\nOmit “and subsection 24(2A) of the Complaints (Australian Federal Police) Act 1981”, substitute “and section 40TF of the Australian Federal Police Act 1979”.\n\nAustralian Crime Commission Act 2002\n\n2  Schedule 1\n\nOmit:\n\nComplaints (Australian Federal Police) Act 1981, sections 41 and 87\n\n3  Subsection 17(4B)\n\nRepeal the subsection.\n\n6  Subsection 40A(2)\n\nOmit “, other than proceedings for a disciplinary offence under the Australian Federal Police (Discipline) Regulations”.\n\n7  Subsection 40G(2)\n\nOmit “discipline”, substitute “AFP professional standards”.\n\nNote: The heading to subsection 40G(2) is altered by omitting “Discipline” and substituting “AFP professional standards”.\n\n8  Subsection 40L(3) (note)\n\n9  Subsection 40L(6)\n\nOmit “, other than proceedings for a disciplinary offence under the Australian Federal Police (Discipline) Regulations”.\n\n10  Section 41 (definition of Complaints Act)\n\n11  Section 41 (definition of Disciplinary Tribunal)\n\n12  Section 41 (definition of Federal Court)\n\n13  Section 41 (definition of relevant disciplinary offence)\n\n14  Division 3 of Part VA\n\nRepeal the Division.\n\n15  Section 52\n\nRepeal the section.\n\n16  Subsection 54(1)\n\nOmit “, or under subsection 49(3),”.\n\nNote: The heading to section 54 is altered by omitting “, 49”.\n\n17  Subsection 54(2)\n\nOmit “, or under subsection 49(3),”.\n\n18  Subsection 54(2)\n\nOmit “, or the requirements of subsection 49(3), as the case may be, are”, substitute “is”.\n\n19  Subsection 54(3)\n\n20  Subsection 54A(1)\n\n21  Subsection 54A(2)\n\n22  Paragraph 69B(1)(b)\n\n (b) a matter covered by Part V or any action (other than action to terminate employment under section 28 of this Act to which the Workplace Relations Act 1996 would otherwise apply) taken in relation to a matter covered by that Part;\n\n23  Paragraph 70(b)\n\nOmit “other than disciplinary offences”.\n\n24  Paragraph 70(i)\n\n (i) compliance by AFP appointees with AFP professional standards; and\n\nCrimes Act 1914\n\n","sortOrder":48},{"sectionNumber":"33","sectionType":"section","heading":"Subparagraph 3L(1B)(b)(iii)","content":"33  Subparagraph 3L(1B)(b)(iii)\n\nOmit “the Complaints (Australian Federal Police) Act 1981”, substitute “the Ombudsman Act 1976 in relation to the Australian Federal Police”.\n\n","sortOrder":49},{"sectionNumber":"34","sectionType":"section","heading":"At the end of paragraph 3L(1B)(b)","content":"34  At the end of paragraph 3L(1B)(b)\n\nAdd:\n\n ; or (iv) investigating or resolving an AFP conduct or practices issue (within the meaning of the Australian Federal Police Act 1979) under Part V of that Act;\n\n","sortOrder":50},{"sectionNumber":"35","sectionType":"section","heading":"After paragraph 23YO(3)(i)","content":"35  After paragraph 23YO(3)(i)\n\n (ia) for the purpose of dealing with or investigating, under Part V or the Australian Federal Police Act 1979, an AFP conduct or practices issue (within the meaning of that Act) that relates to the way in which the procedure is carried out;\n\nCriminal Code Act 1995\n\n","sortOrder":51},{"sectionNumber":"36","sectionType":"section","heading":"Paragraph 104.29(2)(f) of the Criminal Code","content":"36  Paragraph 104.29(2)(f) of the Criminal Code\n\n (f) particulars of:\n\n (i) any complaints made or referred to the Commonwealth Ombudsman that related to control orders; and\n\n (ii) any information given under section 40SA of the Australian Federal Police Act 1979 that related to control orders and raised an AFP conduct or practices issue (within the meaning of that Act).\n\n","sortOrder":52},{"sectionNumber":"37","sectionType":"section","heading":"Paragraph 105.28(2)(e) of the Criminal Code","content":"37  Paragraph 105.28(2)(e) of the Criminal Code\n\n (e) any right the person has to make a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976 in relation to:\n\n (ii) the treatment of the person by an AFP member in connection with the person’s detention under the order; and\n\n (ea) any right the person has to give information under section 40SA of the Australian Federal Police Act 1979 in relation to:\n\n (ii) the treatment of the person by an AFP member in connection with the person’s detention under the order; and\n\n","sortOrder":53},{"sectionNumber":"38","sectionType":"section","heading":"Paragraph 105.29(2)(d) of the Criminal Code","content":"38  Paragraph 105.29(2)(d) of the Criminal Code\n\n (d) any right the person has to make a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976 in relation to:\n\n (i) the application for the continued order; or\n\n (ii) the treatment of the person by an AFP member in connection with the person’s detention under the continued order; and\n\n (da) any right the person has to give information under section 40SA of the Australian Federal Police Act 1979 in relation to:\n\n (i) the application for the continued order; or\n\n (ii) the treatment of the person by an AFP member in connection with the person’s detention under the continued order; and\n\n39  Subsection 105.36(1) of the Criminal Code\n\n (1) The person being detained is entitled to contact:\n\n (a) the Commonwealth Ombudsman in accordance with subsections 7(3) to (5) of the Ombudsman Act 1976; or\n\n (b) a person referred to in subsection 40SA(1) of the Australian Federal Police Act 1979 in accordance with section 40SB of that Act.\n\nNote 1: Subsections 7(3) to (5) of the Ombudsman Act 1976 provide for the manner in which a person who is in custody may make a complaint to the Commonwealth Ombudsman under that Act.\n\nNote 2: Section 40SB of the Australian Federal Police Act 1979 provides for the manner in which a person who is in custody may give information under section 40SA of that Act.\n\n40  Paragraph 105.37(1)(c) of the Criminal Code\n\n (c) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976 in relation to:\n\n (ii) the treatment of the person by an AFP member in connection with the person’s detention under the order; or\n\n (ca) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, the giving of information under section 40SA of the Australian Federal Police Act 1979 in relation to:\n\n (ii) the treatment of the person by an AFP member in connection with the person’s detention under the order; or\n\n","sortOrder":54},{"sectionNumber":"41","sectionType":"section","heading":"Subsection 105.38(5) of the Criminal Code","content":"41  Subsection 105.38(5) of the Criminal Code\n\nAfter “(c),”, insert “(ca),”.\n\n","sortOrder":55},{"sectionNumber":"42","sectionType":"section","heading":"Subparagraph 105.41(2)(d)(ii) of the Criminal Code","content":"42  Subparagraph 105.41(2)(d)(ii) of the Criminal Code\n\n (ii) a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976 in relation to the application for, or making of, the preventative detention order or the treatment of the detainee by an AFP member in connection with the detainee’s detention under the order; or\n\n (iia) the giving of information under section 40SA of the Australian Federal Police Act 1979 in relation to the application for, or making of, the preventative detention order or the treatment of the detainee by an AFP member in connection with the detainee’s detention under the order; or\n\n","sortOrder":56},{"sectionNumber":"43","sectionType":"section","heading":"Subparagraph 105.41(3)(e)(i) of the Criminal Code","content":"43  Subparagraph 105.41(3)(e)(i) of the Criminal Code\n\n (i) a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976 in relation to the application for, or the making of, the preventative detention order or the treatment of the detainee by an AFP member in connection with the detainee’s detention under the order; or\n\n (ia) the giving of information under section 40SA of the Australian Federal Police Act 1979 in relation to the application for, or the making of, the preventative detention order or the treatment of the detainee by an AFP member in connection with the detainee’s detention under the order; or\n\n","sortOrder":57},{"sectionNumber":"44","sectionType":"section","heading":"Paragraph 105.47(2)(d) of the Criminal Code","content":"44  Paragraph 105.47(2)(d) of the Criminal Code\n\n (d) particulars of:\n\n (i) any complaints made or referred to the Commonwealth Ombudsman during the year that related to the detention of a person under a preventative detention order; and\n\n (ii) any information given under section 40SA of the Australian Federal Police Act 1979 during the year that related to the detention of a person under a preventative detention order and raised an AFP conduct or practices issue (within the meaning of that Act);\n\n","sortOrder":58},{"sectionNumber":"45","sectionType":"section","heading":"Section 105.48 of the Criminal Code","content":"45  Section 105.48 of the Criminal Code\n\n105.48  Certain functions and powers not affected\n\n  This Division does not affect:\n\n (a) a function or power of the Commonwealth Ombudsman under the Ombudsman Act 1976; or\n\n (b) a function or power of a person under Part V of the Australian Federal Police Act 1979.\n\nOmbudsman Act 1976\n\n","sortOrder":59},{"sectionNumber":"46","sectionType":"section","heading":"Subsection 3(1)","content":"46  Subsection 3(1)\n\nAFP appointee has the same meaning as in the Australian Federal Police Act 1979.\n\n","sortOrder":60},{"sectionNumber":"47","sectionType":"section","heading":"Subsection 3(1)","content":"47  Subsection 3(1)\n\nAFP Commissioner means the Commissioner within the meaning of the Australian Federal Police Act 1979.\n\n","sortOrder":61},{"sectionNumber":"48","sectionType":"section","heading":"Subsection 3(1)","content":"48  Subsection 3(1)\n\nAFP conduct issue has the same meaning as in the Australian Federal Police Act 1979.\n\n","sortOrder":62},{"sectionNumber":"49","sectionType":"section","heading":"Subsection 3(1)","content":"49  Subsection 3(1)\n\nAFP practices issue has the same meaning as in the Australian Federal Police Act 1979.\n\n","sortOrder":63},{"sectionNumber":"50","sectionType":"section","heading":"Subsection 3(10)","content":"50  Subsection 3(10)\n\nOmit “a member or special member of the Australian Federal Police”, substitute “an AFP appointee”.\n\n","sortOrder":64},{"sectionNumber":"51","sectionType":"section","heading":"At the end of section 4","content":"51  At the end of section 4\n\nAdd:\n\n (5) The Commonwealth Ombudsman, in performing his or her functions in relation to the Australian Federal Police, may, if he or she so chooses, be called the Law Enforcement Ombudsman.\n\n","sortOrder":65},{"sectionNumber":"52","sectionType":"section","heading":"Subsection 5(4)","content":"52  Subsection 5(4)\n\n (4) Paragraph (2)(d) does not prevent the Ombudsman from investigating action taken by an AFP appointee, or by any other person, with respect to information that:\n\n (a) is given to the AFP appointee; and\n\n (b) raises an AFP conduct issue or AFP practices issue; and\n\n (c) relates to action taken by another AFP appointee.\n\n","sortOrder":66},{"sectionNumber":"53","sectionType":"section","heading":"At the end of section 6","content":"53  At the end of section 6\n\nAdd:\n\n (20) If the Ombudsman forms the opinion:\n\n (a) that a complaint includes information about an AFP conduct issue or an AFP practices issue; and\n\n (b) that the information could have been given under section 40SA of the Australian Federal Police Act 1979 and the issue could be more conveniently or effectively dealt with under Part V of that Act;\n\nthe Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to give the information to the AFP Commissioner under that section of that Act.\n\n (21) If the Ombudsman makes a decision under subsection (20), the Ombudsman must:\n\n (a) give the information to the AFP Commissioner under section 40SA of the Australian Federal Police Act 1979 as soon as is reasonably practicable; and\n\n (b) give the AFP Commissioner any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and\n\n (c) as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the AFP Commissioner to be dealt with under that Act.\n\n","sortOrder":67},{"sectionNumber":"54","sectionType":"section","heading":"At the end of section 8","content":"54  At the end of section 8\n\nAdd:\n\nArrangements for having police officers assist Ombudsman in relation to investigation\n\n (12) Whenever it becomes necessary or desirable for the Ombudsman to use persons with police training in connection with his or her investigation of a complaint about an AFP conduct issue or AFP practices issue, the Ombudsman may, and must in so far as it is practicable to do so, use, in connection with that investigation:\n\n (a) an AFP appointee who is made available to him or her by the AFP Commissioner for the purposes of the investigation; or\n\n (b) a member of the police force of a State whom the police force of the State agrees to make available to the Ombudsman, for the purposes of the investigation, under arrangements made by the AFP Commissioner.\n\n","sortOrder":68},{"sectionNumber":"55","sectionType":"section","heading":"After subsection 8A(1)","content":"55  After subsection 8A(1)\n\n (1A) The Commonwealth Ombudsman may, if he or she thinks fit, make an arrangement with the Ombudsman of a State, or the Ombudsmen of 2 or more States, for and in relation to the investigation, by any one or more of the Ombudsmen, of action to which subsection (1B), (1C) or (1D) applies.\n\n (1B) This subsection applies to action that:\n\n (a) gives rise to an AFP conduct issue or AFP practices issue; and\n\n (b) involves:\n\n (i) an AFP conduct issue that relates to a member of the police force of a State; or\n\n (ii) action taken by the police force of a State; or\n\n (iii) action taken by a Department of a State or by an authority of a State.\n\n (1C) This subsection applies to action taken by a body if the body:\n\n (a) is established jointly, or administered jointly, by the Commonwealth and one or more States; and\n\n (b) includes at least one AFP appointee and a member or members of the police force of a State or the police forces of 2 or more States.\n\n (1D) This subsection applies to action taken by a body referred to in subsection (1C) together with action taken by:\n\n (a) by an AFP appointee or by the Australian Federal Police; or\n\n (b) by a member of the police force of a State; or\n\n (c) by the police force of a State; or\n\n (d) by a Department of a State or by an authority of a State.\n\n","sortOrder":69},{"sectionNumber":"56","sectionType":"section","heading":"Subsection 8A(2)","content":"56  Subsection 8A(2)\n\nAfter “subsection (1)”, insert “or (1B)”.\n\n","sortOrder":70},{"sectionNumber":"57","sectionType":"section","heading":"Subsection 8A(3)","content":"57  Subsection 8A(3)\n\nAfter “subsection (1)”, insert “or (1A)”.\n\n","sortOrder":71},{"sectionNumber":"58","sectionType":"section","heading":"Subsection 8A(8)","content":"58  Subsection 8A(8)\n\nAfter “subsection (1)”, insert “or (1A)”.\n\n","sortOrder":72},{"sectionNumber":"59","sectionType":"section","heading":"Before section 9","content":"59  Before section 9\n\n","sortOrder":73},{"sectionNumber":"8D","sectionType":"section","heading":"Investigations by Ombudsman and Australian Federal Police","content":"8D  Investigations by Ombudsman and Australian Federal Police\n\n (1) The Ombudsman may, if he or she thinks fit, make an arrangement with the AFP Commissioner for:\n\n (a) a category 3 conduct issue; or\n\n (b) an AFP practices issue;\n\nto be dealt with jointly by the Ombudsman and the Australian Federal Police.\n\n (2) The arrangement may relate to:\n\n (a) a particular category 3 conduct issue or issues; or\n\n (b) a series of related category 3 conduct issues; or\n\n (c) a particular AFP practices issue or issues; or\n\n (d) a series of related AFP practices issues.\n\n (3) The Ombudsman may arrange with the AFP Commissioner for the variation or revocation of the arrangement.\n\n (4) The arrangement, or the variation or revocation of the arrangement, must be in writing.\n\n (5) Nothing in this section affects the powers or duties of the Ombudsman under any other provision of this Act.\n\n (6) In this section:\n\ncategory 3 conduct issue has the same meaning as in the Australian Federal Police Act 1979.\n\n","sortOrder":74},{"sectionNumber":"60","sectionType":"section","heading":"At the end of subsection 33(1)","content":"60  At the end of subsection 33(1)\n\nAdd “or Division 7 of Part V of the Australian Federal Police Act 1979”.\n\n","sortOrder":75},{"sectionNumber":"61","sectionType":"section","heading":"At the end of subsection 34(1)","content":"61  At the end of subsection 34(1)\n\nAdd:\n\n ; and (c) all or any of his or her powers under Division 7 of Part V of the Australian Federal Police Act 1979.\n\n","sortOrder":76},{"sectionNumber":"62","sectionType":"section","heading":"At the end of subsection 35(1)","content":"62  At the end of subsection 35(1)\n\nAdd:\n\n ; or (e) a person who is made available to the Ombudsman as mentioned in subsection 8(12).\n\n","sortOrder":77},{"sectionNumber":"63","sectionType":"section","heading":"Subsection 35(2)","content":"63  Subsection 35(2)\n\nAfter “of this Act”, insert “or under Division 7 of Part V of the Australian Federal Police Act 1979”.\n\n","sortOrder":78},{"sectionNumber":"64","sectionType":"section","heading":"At the end of subsection 35(8)","content":"64  At the end of subsection 35(8)\n\nAdd “or under Division 7 of Part V of the Australian Federal Police Act 1979”.\n\nWitness Protection Act 1994\n\n","sortOrder":79},{"sectionNumber":"65","sectionType":"section","heading":"Subsection 12(2)","content":"65  Subsection 12(2)\n\nOmit all the words after “for the purposes”, substitute:\n\nof:\n\n (a) an investigation by the Ombudsman under the Ombudsman Act 1976; or\n\n (b) an investigation under Part V of the Australian Federal Police Act 1979.\n\n","sortOrder":80},{"sectionNumber":"66","sectionType":"section","heading":"Subsection 22(2)","content":"66  Subsection 22(2)\n\nOmit “or the Complaints (Australian Federal Police) Act 1981”.\n\nSchedule 3A—Consequential amendments to the Australian Security Intelligence Organisation Act 1979\n\nPart 1—Amendments that may not commence\n\n1  Subsection 34D(4) (note 2)\n\nOmit “and the Ombudsman”, substitute “, the Ombudsman and a person referred to in paragraph 40SB(3)(b) of the Australian Federal Police Act 1979”.\n\n2  Subparagraph 34E(1)(e)(ii)\n\n (ii) to the Ombudsman under the Ombudsman Act 1976 in relation to the Australian Federal Police;\n\n3  After paragraph 34E(1)(e)\n\n (ea) the person’s right to give information orally or in writing, under Division 2 of Part V of the Australian Federal Police Act 1979, to a person referred to in subsection 40SA(1) of that Act in relation to the Australian Federal Police;\n\n4  Paragraphs 34F(9)(b) and (c)\n\nRepeal the paragraphs, substitute:\n\n (b) subsection (8) does not affect the operation of sections 10 and 13 of the Inspector‑General of Intelligence and Security Act 1986 in relation to contact between the person and the Inspector‑General of Intelligence and Security; and\n\n (c) anyone holding the person in custody or detention under this Division must give the person facilities for contacting the Inspector‑General of Intelligence and Security to make a complaint orally under section 10 of the Inspector‑General of Intelligence and Security Act 1986 if the person requests them; and\n\n (d) subsection (8) does not affect the operation of section 7 of the Ombudsman Act 1976 in relation to contact between the person and the Ombudsman in respect of a complaint, or proposed complaint, about the Australian Federal Police; and\n\n (e) anyone holding the person in custody or detention under this Division must give the person facilities for contacting the Ombudsman to make a complaint orally under section 7 of the Ombudsman Act 1976 if the person requests them; and\n\n (f) subsection (8) does not affect the operation of section 40SB of the Australian Federal Police Act 1979 in relation to contact between the person and a person referred to in paragraph 40SB(3)(b) of that Act; and\n\n (g) anyone holding the person in custody or detention under this Division must give the person facilities for contacting the Commissioner of the Australian Federal Police to give information orally under section 40SA of the Australian Federal Police Act 1979 if the person requests them.\n\n5  Subsection 34F(9) (note)\n\nRepeal the note, substitute:\n\nNote: The sections mentioned in paragraphs (9)(b), (d) and (f) give the person an entitlement to facilities for making a written complaint or for giving written information.\n\n6  Paragraph 34NB(4)(b)\n\nOmit “paragraph 34F(9)(c)”, substitute “paragraph 34F(9)(c), (e) or (g)”.\n\n7  Section 34NC\n\n34NC  Complaints and information about contravention of procedural statement\n\n (1) Contravention of the written statement of procedures mentioned in section 34C of this Act may be the subject of:\n\n (a) a complaint to the Inspector‑General of Intelligence and Security under the Inspector‑General of Intelligence and Security Act 1986; or\n\n (b) a complaint to the Ombudsman under the Ombudsman Act 1976; or\n\n (c) information given under Division 2 of Part V of the Australian Federal Police Act 1979 to a person referred to in subsection 40SA(1) of that Act.\n\n (2) This section does not limit:\n\n (a) the subjects of complaint under:\n\n (i) the Inspector‑General of Intelligence and Security Act 1986; or\n\n (ii) the Ombudsman Act 1976; or\n\n (b) the subject of information given under Division 2 of Part V of the Australian Federal Police Act 1979.\n\n8  Subsection 34T(2)\n\n (2) This Division does not affect a function or power of the Ombudsman under the Ombudsman Act 1976 in relation to the Australian Federal Police.\n\n (3) This Division does not affect a function or power of a person under Part V of the Australian Federal Police Act 1979.\n\n9  Subsection 34VAA(5) (subparagraph (a)(iv) of the definition of permitted disclosure)\n\n (iv) exercising a power (including a power to make a complaint or to give information), or performing a function or duty, under the Inspector‑General of Intelligence and Security Act 1986, the Ombudsman Act 1976 or Part V of the Australian Federal Police Act 1979;\n\n","sortOrder":81},{"sectionNumber":"Part 2","sectionType":"part","heading":"Amendments contingent on the ASIO Legislation Amendment Act 2006","content":"Part 2—Amendments contingent on the ASIO Legislation Amendment Act 2006\n\n10  Subsection 34G(5) (note 2)\n\nOmit “and the Commonwealth Ombudsman”, substitute “, the Ombudsman and a person referred to in paragraph 40SB(3)(b) of the Australian Federal Police Act 1979”.\n\n11  Subparagraph 34J(1)(e)(ii)\n\n (ii) to the Ombudsman under the Ombudsman Act 1976 in relation to the Australian Federal Police;\n\n12  After paragraph 34J(1)(e)\n\n (ea) the person’s right to give information orally or in writing, under Division 2 of Part V of the Australian Federal Police Act 1979, to a person referred to in subsection 40SA(1) of that Act in relation to the Australian Federal Police;\n\n13  Paragraph 34K(9)(b)\n\n (b) the person informs the prescribed authority that the person wants:\n\n (i) to make an oral or written complaint of the kind referred to in paragraph 34J(1)(e); or\n\n (ii) to give oral or written information of the kind referred to in paragraph 34J(1)(ea); and\n\n14  Paragraph 34K(9)(c)\n\nAfter “the complaint”, insert “or give the information”.\n\n15  At the end of subsection 34K(9)\n\nAdd “or giving the information”.\n\n16  Paragraphs 34K(11)(b) to (e)\n\nRepeal the paragraphs, substitute:\n\n (b) subsection (10) does not affect the operation of sections 10 and 13 of the Inspector‑General of Intelligence and Security Act 1986 in relation to contact between the person and the Inspector‑General of Intelligence and Security; and\n\n (c) anyone holding the person in custody or detention under this Division must give the person facilities for contacting the Inspector‑General of Intelligence and Security to make a complaint orally under section 10 of the Inspector‑General of Intelligence and Security Act 1986 if the person requests them; and\n\n (d) subsection (10) does not affect the operation of section 7 of the Ombudsman Act 1976 in relation to contact between the person and the Ombudsman in respect of a complaint, or proposed complaint, about the Australian Federal Police; and\n\n (e) anyone holding the person in custody or detention under this Division must give the person facilities for contacting the Ombudsman to make a complaint orally under section 7 of the Ombudsman Act 1976 if the person requests them; and\n\n (f) subsection (10) does not affect the operation of section 40SB of the Australian Federal Police Act 1979 in relation to contact between the person and a person referred to in paragraph 40SB(3)(b) of that Act; and\n\n (g) anyone holding the person in custody or detention under this Division must give the person facilities for contacting the Commissioner of the Australian Federal Police to give information orally under section 40SA of the Australian Federal Police Act 1979 if the person requests them; and\n\n (h) subsection (10) does not affect the person’s right to make a complaint to a complaints agency in relation to the police force or police service of the State or Territory concerned; and\n\n (i) anyone holding the person in custody or detention under this Division must give the person facilities for contacting a complaints agency to make an oral or written complaint of the kind mentioned in paragraph (h) if the person requests them.\n\nNote: The sections mentioned in paragraphs (11)(b), (d) and (f) give the person an entitlement to facilities for making a written complaint or for giving written information.\n\n17  After subparagraph 34R(13)(b)(ii)\n\n (iia) the person to give information of the kind referred to in paragraph 34J(1)(ea); or\n\n18  Paragraph 34ZF(4)(b)\n\nOmit “paragraph 34K(11)(d) or (e)”, substitute “paragraph 34K(11)(c), (e), (g) or (i)”.\n\n19  Section 34ZG\n\n34ZG  Complaints and information about contravention of procedural statement\n\n (1) Contravention of the written statement of procedures in force under section 34C may be the subject of:\n\n (a) a complaint to the Inspector‑General of Intelligence and Security under the Inspector‑General of Intelligence and Security Act 1986; or\n\n (b) a complaint to the Ombudsman under the Ombudsman Act 1976; or\n\n (c) information given under Division 2 of Part V of the Australian Federal Police Act 1979 to a person referred to in subsection 40SA(1) of that Act.\n\n (2) This section does not limit:\n\n (a) the subjects of complaint under:\n\n (i) the Inspector‑General of Intelligence and Security Act 1986; or\n\n (ii) the Ombudsman Act 1976; or\n\n (b) the subject of information given under Division 2 of Part V of the Australian Federal Police Act 1979.\n\n20  Subsection 34ZN(2)\n\n (2) This Division does not affect a function or power of the Ombudsman under the Ombudsman Act 1976 in relation to the Australian Federal Police.\n\n (3) This Division does not affect a function or power of a person under Part V of the Australian Federal Police Act 1979.\n\n21  Subsection 34ZS(5) (subparagraph (a)(iv) of the definition of permitted disclosure)\n\n (iv) exercising a power (including a power to make a complaint or to give information), or performing a function or duty, under the Inspector‑General of Intelligence and Security Act 1986, the Ombudsman Act 1976 or Part V of the Australian Federal Police Act 1979;\n\n22  After paragraph 34ZX(5)(a)\n\n (aa) any information the person gives that is of a kind mentioned in paragraph 34J(1)(ea); or\n\n","sortOrder":82},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Alcohol screening tests","content":"Schedule 4—Alcohol screening tests\n\n \n\n1  Subsection 4(1)\n\nalcohol screening test in relation to a person, means a test of sample of the breath of the person carried out by means of an approved screening device.\n\n2  Subsection 4(1)\n\napproved screening device means a device of a type that is approved by the Minister under section 40R.\n\n3  Before section 40M\n\n40LA  Alcohol screening tests\n\n (1) An AFP appointee authorised under section 40PA to act as a manager (the authorised manager) may require another AFP appointee (the screening test subject) to undergo an alcohol screening test if:\n\n (a) the screening test subject is on duty; and\n\n (b) the authorised manager reasonably suspects that the screening test subject is under the influence of alcohol.\n\nCompliance with direction\n\n (2) The screening test subject must comply with the requirement given to him or her under subsection (1).\n\nTest results\n\n (3) If the result of the alcohol screening test shows that alcohol is not present in the screening test subject’s blood, the screening test subject may return to his or her duties immediately.\n\n (4) If:\n\n (a) the result of the alcohol screening test shows that alcohol is present in the screening test subject’s blood; or\n\n (b) the screening test subject refuses to undergo the alcohol screening test;\n\nthe screening test subject may be given a written direction under section 40M to undergo a breath test if the screening test subject is an AFP employee or a special member.\n\n (5) This section does not limit the operation of section 40M.\n\n4  Subsection 40M(3) (note)\n\nNote: The heading to section 40M is replaced by the heading “Alcohol breath tests and prohibited drug tests”.\n\n5  Subsection 40N(5) (note)\n\nNote: The heading to section 40N is replaced by the heading “Alcohol breath tests and prohibited drug tests after certain incidents”.\n\n6  Section 40P\n\nBefore “40M”, insert “40LA,”.\n\n7  Subparagraph 40P(b)(i)\n\nAfter “to conduct”, insert “alcohol screening tests,”.\n\n8  Paragraph 40P(e)\n\nAfter “the conduct of”, insert “alcohol screening tests,”.\n\n9  At the end of section 40P\n\nAdd:\n\nNote: Paragraph (a)—persons may give directions under sections 40M and 40N. However, for a person’s power to give a requirement under section 40LA, see section 40PA.\n\n10  After section 40P\n\n40PA  Managers who may require alcohol screening tests\n\n  The Commissioner may issue Commissioner’s orders under section 38 authorising particular kinds of AFP appointees to act as managers for the purpose of section 40LA.\n\n11  Section 40Q\n\n","sortOrder":83},{"sectionNumber":"40Q","sectionType":"section","heading":"Admissibility of test results etc. in legal proceedings","content":"40Q  Admissibility of test results etc. in legal proceedings\n\n  The following:\n\n (a) a certificate or other document recording the results of a test conducted under section 40M or 40N in relation to an AFP employee or a special member;\n\n (b) a certificate or other document recording the results of an alcohol screening test conducted under section 40LA in relation to an AFP appointee;\n\n (c) any other information, answer to a question or document relevant to conducting such a test (including any information or answer given or document produced in compliance with section 40);\n\nis not admissible in evidence against the employee, special member or AFP appointee in any proceedings other than the following:\n\n (d) proceedings in relation to a decision of the Commissioner to terminate the employment of the employee or the AFP appointee or to terminate the appointment of the special member or the AFP appointee;\n\n (e) proceedings under the Safety, Rehabilitation and Compensation Act 1988;\n\n (f) proceedings in tort against the Commonwealth that are instituted by the employee, special member or AFP appointee.\n\n12  At the end of Division 8 of Part IV\n\nAdd:\n\n","sortOrder":84},{"sectionNumber":"40R","sectionType":"section","heading":"Approval of screening devices","content":"40R  Approval of screening devices\n\n (1) The Minister may, in writing, approve devices of a type described in the approval to be approved screening devices if he or she is of opinion that:\n\n (a) devices of that type have been designed and made for the purpose of indicating, when a sample of the breath of a person is exhaled into the device, whether alcohol is present in the blood of the person; and\n\n (b) devices of that type are suitable devices for use in tests under section 40LA.\n\n (2) An approval under this section is a legislative instrument.\n\n","sortOrder":85},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Provisions relating to suspension or resignation from, and termination of, employment","content":"Schedule 5—Provisions relating to suspension or resignation from, and termination of, employment\n\n \n\n1  Subsection 4(1)\n\ncollective agreement has the same meaning as in the Workplace Relations Act 1996.\n\n2  At the end of section 30\n\nAdd:\n\n (3) Paragraph (1)(a) is subject to section 30A.\n\n3  After section 30\n\n","sortOrder":86},{"sectionNumber":"30A","sectionType":"section","heading":"Resignation in anticipation of termination of employment","content":"30A  Resignation in anticipation of termination of employment\n\n (a) an AFP employee gives the Commissioner written notice of his or her resignation under paragraph 30(1)(a); and\n\n (b) the employee’s conduct:\n\n (i) has been, or is being, investigated as an AFP conduct issue that is a category 3 conduct issue; or\n\n (ii) has raised a corruption issue that has been investigated; or\n\n (iii) raises a corruption issue that is being investigated; and\n\n (c) at least one of the following applies:\n\n (i) if the investigation has been completed—the Commissioner is considering terminating the employee’s employment under section 28 on the basis of the findings of the investigation;\n\n (ii) if the investigation has not been completed—the Commissioner is not in a position to decide whether to terminate the employee’s employment under section 28 because the findings of the investigation are not yet known;\n\n (iii) the Commissioner is satisfied that the employee’s conduct may amount to serious misconduct within the meaning of subsection 40K(3).\n\n (2) The Commissioner may, by written notice to the AFP employee, substitute a day, no later than 90 days after the day specified in the employee’s notice of resignation, as the day on which his or her resignation is to take effect.\n\n (3) The Commissioner may give more than one notice under subsection (2) to the AFP employee in relation to the notice of resignation.\n\n (4) To be effective, the first notice given under subsection (2) in relation to the notice of resignation must be given to the employee before the day specified in the notice of resignation.\n\n (5) To be effective, any subsequent notice given under subsection (2) in relation to the notice of resignation must be given to the employee before the day specified in the immediately preceding notice given under that subsection in relation to the notice of resignation.\n\n (6) On or before the day specified in the most recent notice given under subsection (2) in relation to the notice of resignation, the Commissioner must:\n\n (a) accept the AFP employee’s notice of resignation; or\n\n (b) terminate the AFP employee’s employment under section 28.\n\n (7) If the Commissioner accepts the notice of resignation under paragraph (6)(a), the AFP employee’s resignation takes effect on the day on which the Commissioner communicates acceptance of the resignation to the employee.\n\n4  Section 40J\n\nBefore “The regulations”, insert “(1)”.\n\n5  Section 40J\n\nOmit “either or both”, substitute “any one or more”.\n\n6  After paragraph 40J(a)\n\n (aa) provide that, while suspended from duty, an AFP employee may be required to comply with directions of a kind mentioned in subsection (2);\n\n (ab) provide that, while suspended from duty, an AFP employee may take or be on annual leave if:\n\n (i) the certified agreement or collective agreement for the time being in force would otherwise deem or require the AFP member to be on annual leave for the period necessary to reduce the balance of annual leave credits to the level specified in the relevant agreement; or\n\n (ii) in the case of an AFP employee who is suspended without remuneration—the AFP employee applies to take annual leave that he or she would, if approved, otherwise be able to take;\n\n7  At the end of section 40J\n\nAdd:\n\n (2) The kind of directions that an AFP employee may be required to comply with while suspended from duty are:\n\n (a) directions that the AFP employee would be required to comply with if the AFP employee were not suspended from duty; and\n\n (b) directions that are given for the purposes of:\n\n (i) determining whether the AFP employee or any other AFP employee has committed a criminal offence or failed to maintain AFP professional standards; or\n\n (ii) assessing the continuing employment suitability of the AFP employee; or\n\n (iii) ensuring continuity, during the period of suspension, in the performance of the AFP employee’s duties, being a direction that the employee only is able to comply with.\n\n (3) To avoid doubt, an AFP employee who takes annual leave while suspended without remuneration is to be paid as if the employee were taking annual leave while not suspended.\n\n8  Application\n\n(1) The amendment made by item 3 of this Schedule applies to a notice of resignation given to the Commissioner on or after the day on which this Schedule commences.\n\n(2) The amendments made by items 6 and 7 of this Schedule apply to annual leave that may be taken on or after the day on which this Schedule commences.\n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 29 March 2006\n\nSenate on 22 June 2006]\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n(34/06)\n\n \n","sortOrder":87}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Act replaces the previous external Complaints (Australian Federal Police) Act 1981 (Schedule 2, item 1) with an internalised, statutory Part V inside the Australian Federal Police Act 1979 that (a) expands the classes of persons covered to include certain contractors and overseas-engaged persons (definition additions to subsection 4(1); s35(2)), (b) extends the reach of conduct review to off-duty, private or pre-appointment conduct and to cases where the identity of the appointee is unknown (40RH(2)–(4)), (c) creates a default rule treating uncategorised conduct as category 3 if the Commissioner and Ombudsman do not make category determinations (40RM(2); Schedule 1, item 30), and (d) adds investigatory compulsion, record-keeping, secrecy restrictions and new employment controls (Division 5; 40WA–40WB; 40ZA; 30A). Those mechanics change the institutional locus and procedural scope of how AFP conduct and practices issues are raised, investigated and recorded compared with the previous complaints framework."},"complexity_factors":["Insertion of a new, multi-division Part V with detailed procedural and substantive rules (40RA–40YA) increases structural complexity.","Multiple decision-makers with overlapping roles and consultative requirements: Commissioner, head of the unit, investigators, Ombudsman, Integrity Commissioner, Minister (40RD–40RE; 40TO; 40RM; 40UA; 40WB).","Wide discretionary powers for the Commissioner (issuing Commissioner’s Orders, staffing, allocations, directions) coupled with delegated investigatory powers (40RC; 40TA; 40RD; 40VB(5)).","Compulsory investigatory powers (directions, entry/search, retention, compelled answers) with detailed admissibility and immunity carve-outs (40VE–40VG; 40VH).","Interplay and cross-references with a range of other statutes and offices (Ombudsman Act 1976, Law Enforcement Integrity Commissioner Act 2006, Crimes Act, Criminal Code, ASIO Act amendments) raising coordination complexity (Schedules 3, 3A).","Default legal rule that uncategorised conduct is treated as category 3 (40RM(2)) creates implementation and resource pressure if category-setting instruments are delayed (Schedule 1, item 30).","Record-keeping, controlled access to corruption records, secrecy offences and Ombudsman review requirements add procedural layers (40WA–40WB; 40ZA; Division 7).","Employment and industrial relations changes (designation of contractors, resignation deferral, suspension/leave directions) add labour-law interaction points (definitions at 4(1)(f); s35(2); 30A; 40J).","Penalties and criminal exposure for non-compliance and false statements (40VH; 40YA–40YB) require careful procedural safeguards.","New operational elements (alcohol screening device approvals and testing rules) introduce technical and procurement requirements (40LA; 40R)."],"plain_english_summary":"What this Act does (mechanical changes first)\n\n- The Act amends the Australian Federal Police Act 1979 by inserting a new Part V that creates a structured internal system for setting AFP professional standards and for receiving, categorising and dealing with complaints and reports about AFP conduct and AFP practices (see Part V, esp. 40RA–40RB and 40RC).  It also repeals the separate Complaints (Australian Federal Police) Act 1981 (Schedule 2, item 1). \n\n- The Act expands the definition of who is covered (\"AFP appointee\") to include Deputy Commissioners, employees, special members, special protective service officers, people engaged overseas, certain consultants or contractors where the Commissioner so determines, and people assisting under agreements (definition additions to subsection 4(1); s35(2) enables the Commissioner to designate contractors as AFP appointees). \n\n- It creates a multi-tiered categorisation system for conduct issues (categories 1–3 and corruption issues), sets out how issues are allocated and investigated, and prescribes the kinds of managerial or investigatory responses available (training and development, remedial action, termination action; see 40RK–40RP; 40TC–40TE). If no category determination is made for particular conduct, the conduct defaults to category 3 (40RM(2)).  \n\n- The Commissioner must create a unit within the AFP to investigate category 3 and corruption issues, appoint a head of that unit, and may assign members to it for limited periods (40RD–40RF). The Commissioner issues Commissioner’s Orders about professional standards and how issues are handled (40RC, 40TA).  \n\n- The Act gives investigators compulsory powers in serious matters: directions to AFP appointees to produce documents or answer questions, entry and search of AFP premises, retention of documents for investigations, and powers to require attendance and oath-taking in ministerial inquiries (Division 5, esp. 40VE–40VG). Those compelled answers or productions are largely protected from use against the AFP appointee in later civil/criminal proceedings except in limited cases (40VE(4)–(5); 40VG(5)). There is an offence for refusing to comply without reasonable excuse and for giving false or misleading statements to an investigator (40VH).  \n\n- The Ombudsman and the Law Enforcement Integrity Commissioner have defined roles: the Ombudsman jointly determines the conduct kinds that fit categories and reviews administration of Part V (40RM(1), Division 7); the Integrity Commissioner may restrict access to corruption-related records (40WB) and is to be notified or consulted in particular circumstances (e.g. 40TO(7)).  \n\n- The Minister may order special inquiries into AFP conduct or practices (40UA–40UD). The Commissioner may suspend Division 3 action while a ministerial inquiry proceeds (40UC).  \n\n- The Act adds provisions for alcohol screening tests of on-duty AFP appointees (40LA–40R), modifies rules about resignation when termination is under consideration (30A), and adjusts the treatment of suspension and leave (40J amendments; Schedule 5).  \n\nOfficial purpose as expressed in the Act\n\n- The Act states its object for the new Part V is to set procedures by which AFP conduct issues and AFP practices issues and other AFP-related issues may be raised and dealt with (40RA). The simplified outline (40RB) describes a tiered approach intended to match the seriousness of issues to different managerial or investigatory responses and to involve the Ombudsman in category-setting and oversight. \n\nHow the law works in practice and who makes which choices\n\n- Who decides: the Commissioner holds primary administrative discretion—issuing Commissioner’s Orders that set professional standards and process rules (40RC, 40TA), constituting and staffing the internal unit and appointing its head (40RD–40RE), allocating and, in specified circumstances, directing investigators (40TN–40TO, 40VB(5)). The Ombudsman and Integrity Commissioner have specific consultative, review and access roles (40RM, 40WA, 40WB). The Minister may initiate separate inquiries (40UA) and receive reports and make recommendations (40UD). \n\n- Who pays / bears operational cost: the Commonwealth (AFP budgets) funds the internal unit, investigations and record-keeping imposed on the AFP (40RD, 40WA). AFP appointees bear compliance costs (obligations to obey Commissioner’s Orders and lawful directions—see sections 39 and 40—and to comply with investigatory directions under 40VE and 40VG). Complainants and detainees have procedural entitlements (e.g. to give information, 40SA; detainee facilities, 40SB). \n\n- Behaviour changes the law requires: AFP appointees must comply with Commissioner’s Orders and lawful directions (39; 40), and may be required to undergo alcohol screening while on duty if a manager reasonably suspects impairment (40LA). Investigators may compel attendance, answers and documents in serious investigations (40VE–40VG). Complainants may give information anonymously and can be kept informed as Commissioner’s Orders direct (40SA; 40TA(2)–(3)). Contractors and consultants designated as AFP appointees become subject to these rules if the Commissioner so determines (s35(2); definition in s4(1)(f)). \n\nCosts, incentives, trade-offs and risks (mechanisms, not judgments)\n\n- Concentration of administrative power: the Commissioner gains broad rule‑making and operational discretion (issuing Commissioner’s Orders (40RC, 40TA), constituting and staffing the unit (40RD–40RF), allocating and directing investigators (40TN–40TO, 40VB(5))). That centralisation lowers transaction costs for internal management but increases the significance of the Commissioner’s policy choices. \n\n- Compliance burden on AFP appointees: the Act creates duties to obey orders and investigatory directions, and sanctions for non-compliance (sections 39, 40, 40VE(3), 40VG(4), and the offence provisions in 40VH). Compelled answers/productions are mostly protected from later use but can be used in termination or investigatory-offence prosecutions (40VE(4)–(5); 40VG(5)). Those protections change the incentives for responding to internal probes versus invoking external legal processes. \n\n- Effect on contractors and independent contractors: the Commissioner may declare a consultant or contractor to be an \"AFP appointee\" subject to the same duties and investigatory powers (s35(2); definition at 4(1)(f)). That converts some private engagements into roles subject to internal AFP standards and investigatory compulsion, altering contract risk and compliance costs for contractors. \n\n- Default categorisation and timing risk: the Commissioner and Ombudsman are to jointly determine what kinds of conduct fall into categories 1–3 (40RM). If they do not make a determination, the Act treats uncategorised conduct as category 3 (40RM(2)), which triggers the more formal investigative regime and stronger powers. The Act sets a target for making those determinations within 3 months (Schedule 1, item 30), creating an implementation deadline; failure to determine raises procedural and resource consequences. \n\n- Record‑keeping, access and confidentiality trade-offs: the Commissioner must keep records of complaints and actions taken and provide access to the Integrity Commissioner and Ombudsman for oversight (40WA). The Integrity Commissioner can direct restricted access to corruption‑related records (40WB). The Act also creates secrecy offences for non‑AFP persons conducting serious investigations or inquiries (40ZA). These provisions balance oversight, confidentiality and investigative integrity through specific access and restriction mechanics. \n\n- Interaction with external oversight and legal rights: the Ombudsman retains review and joint-investigation roles (40RM, Division 7, and 8D in the Ombudsman Act amendments). The Act preserves channels to the Ombudsman and external judicial remedies (40SA(6), 40TF(2)(c)–(d)), while also allowing the Commissioner or Minister to suspend internal action pending inquiries (40UC), which may affect timing and duplication of processes. \n\n- Potential substitution effects: some complaints previously handled under the repealed external complaints Act are now handled under internal AFP processes (Schedule 2 repeal coupled with Part V). The Ombudsman may decide not to investigate complaints if those matters are better handled under Part V and can transfer information to the Commissioner (Ombudsman Act amendments, section 6(20) inserted). That shifts some channels of redress from an external statutory complaints process into the AFP’s internal procedures, subject to Ombudsman oversight. \n\nImplementation and compliance risks\n\n- The system requires the Commissioner and the Ombudsman to make several determinations and to issue Commissioner’s Orders to operationalise Part V (40RC; 40RM; item 30). Until those instruments are in place the default rules (e.g. default to category 3) apply (40RM(2)), which could increase the number of matters treated as serious. \n\n- The investigatory powers and compulsion provisions create risk of contested legal claims (for example over admissibility or claims of improper directions), and the Act sets evidentiary and immunity rules narrowly (40VE(4)–(5), 40VG(5)). \n\n- The changes to resignation and suspension (30A and amended 40J) give the Commissioner the power to defer a resignation date up to 90 days where serious conduct is under investigation, and to require directions while suspended; those measures modify employment exit rights and annual leave mechanics and will require administrative procedures to apply (30A; 40J(1)(aa), (ab) and (2)). \n\nWho gains and who bears concentrated versus diffuse effects (mechanism notes)\n\n- The law concentrates investigatory capability and rule‑making with the Commissioner and a dedicated unit (40RD–40RE; 40RC). The Ombudsman and Integrity Commissioner retain oversight roles (40RM; 40WA–40WB), which can check but do not duplicate Commissioner discretion. \n\n- AFP appointees (including designated contractors) face new, enforceable internal obligations and investigatory exposure (definitions at 4(1); 39; 40; investigatory powers in Division 5). The Commonwealth (AFP budget) bears the costs of establishing and staffing the unit and running investigations (40RD; 40WA). \n\nKey implementation milestones or deadlines in the Act\n\n- The Commissioner and Ombudsman are to try to determine the category rules within 3 months after commencement (Schedule 1, item 30). If they do not, uncategorised conduct is treated as category 3 (40RM(2)).\n\nSummary of primary legal mechanics to watch in practice\n\n- Commissioner’s Orders set the professional standards and the process rules (40RC; 40TA). \n- Internal unit investigates category 3 and corruption issues and must be constituted and staffed appropriately (40RD–40RF). \n- Investigators have compulsory powers in serious matters (40VE–40VG) with specified limits on admissibility and specified offences for non-compliance (40VH). \n- The Ombudsman and Integrity Commissioner have formal access and consultative roles; the Minister can order separate inquiries (40UA–40UD; 40WA; 40WB). \n\nWhy it matters (as a practical matter, stated without policy judgement)\n\n- The Act replaces an external complaints statute with a defined internal system under the AFP, defines who is covered, sets a tiered handling model that escalates procedures and powers with seriousness, and adds specific investigatory and employment‑management tools (including obligations on contractors designated as AFP appointees, alcohol screening powers, and controls on resignation timing). These are concrete changes to administrative procedures, oversight routes and investigatory powers that shape how AFP conduct and practices issues are processed and resolved (see Part V and Schedules 2–5)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3362},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains focused on its stated purpose of AFP professional standards and related integrity measures. While it includes consequential amendments to other legislation (such as the ASIO Act, Witness Protection Act, and Criminal Code), these are integrally related to ensuring consistent complaint-handling and oversight frameworks across law enforcement and security agencies. The alcohol testing and resignation provisions are directly connected to employment discipline and professional standards."},"complexity_factors":["24 new defined terms in the interpretation section (subsection 4(1)), including nested definitions for different categories of conduct","Four-tier categorisation system (Category 1, 2, 3, and corruption) each with distinct procedural rules and available sanctions","Extensive cross-referencing to at least 5 other Acts (Law Enforcement Integrity Commissioner Act 2006, Ombudsman Act 1976, ASIO Act, Witness Protection Act, Crimes Act)","Conditional commencement provisions where Schedule 3A Part 1 and Part 2 only commence depending on the timing of the ASIO Legislation Amendment Act 2006","Nested legislative structure with 5 Schedules, multiple Parts, Divisions, and Subdivisions creating conditional application rules","12 specific discretionary grounds for declining to investigate a complaint (section 40TF)","Complex inter-agency coordination requirements between the AFP Commissioner, Ombudsman, and Integrity Commissioner for different categories of issues"],"plain_english_summary":"This law completely overhauls how complaints and misconduct are handled within the Australian Federal Police (AFP). It replaces an older complaints system with a new, tiered framework that treats minor slip-ups very differently from serious corruption.\n\n**What the law does**\n\n**Sets clear professional standards**\nThe AFP Commissioner can issue binding rules about how officers and staff must behave. These standards apply to everyone working for the AFP, including overseas staff and certain contractors, both on and off duty.\n\n**Creates a complaints system**\nAnyone can report concerns about AFP conduct or practices—even anonymously and verbally. People held in police custody get special protections to ensure their complaints reach the right people without being intercepted. The law makes it a crime to bully or victimise someone for making a complaint.\n\n**Sorts misconduct into four levels of seriousness**\nThe law uses a \"ladder\" system for misconduct:\n*   **Category 1 (minor):** Issues like poor customer service or minor management problems. These are handled by a manager using coaching, mentoring, or extra training.\n*   **Category 2 (moderate):** Minor misconduct or repeated bad behaviour. Managers can issue formal warnings, reassign the person to different duties, or require counselling.\n*   **Category 3 (serious):** Criminal behaviour, serious neglect of duty, or conduct that could justify sacking. These are investigated by a special internal unit with formal powers to gather evidence.\n*   **Corruption:** The most serious issues involving corrupt conduct. These are overseen by the independent Law Enforcement Integrity Commissioner.\n\n**Gives investigators special powers**\nWhen investigating serious misconduct (Category 3) or corruption, investigators can compel officers to answer questions, hand over documents, and permit searches of police premises. Officers cannot refuse to answer on the grounds they might incriminate themselves, though their answers generally cannot be used against them in court later (except in disciplinary hearings).\n\n**Introduces alcohol testing**\nManagers can require on-duty officers to undergo immediate alcohol breath tests if they reasonably suspect the officer is under the influence.\n\n**Closes a resignation loophole**\nIf an officer is being investigated for serious misconduct or corruption, they cannot simply resign to avoid being sacked. The Commissioner can delay the resignation for up to 90 days to complete the investigation and decide whether to terminate employment instead.\n\n**Who it affects**\n*   All AFP appointees (officers, protective service officers, staff, and some contractors).\n*   Members of the public who want to complain about AFP conduct.\n*   The Commonwealth Ombudsman and the Law Enforcement Integrity Commissioner, who provide independent oversight and review.\n\n**Why it matters**\nThis law ensures police accountability is proportionate and fair. Minor mistakes lead to improvement and training, while serious misconduct triggers rigorous investigation. It strengthens integrity by ensuring officers cannot escape consequences by resigning, and it protects whistleblowers from retaliation."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/law-enforcement-afp-professional-standards-and-related-measures-act-2006","history":"/api/acts/law-enforcement-afp-professional-standards-and-related-measures-act-2006/history","analysis":"/api/acts/law-enforcement-afp-professional-standards-and-related-measures-act-2006/analysis","conflicts":"/api/acts/law-enforcement-afp-professional-standards-and-related-measures-act-2006/conflicts","importantCases":"/api/acts/law-enforcement-afp-professional-standards-and-related-measures-act-2006/important-cases","documents":"/api/acts/law-enforcement-afp-professional-standards-and-related-measures-act-2006/documents"}}