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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Regulations set out workplace standards, testing procedures and disciplinary processes for people appointed to the Australian Federal Police (AFP). They operate alongside the Australian Federal Police Act 1979 and the Complaints (Australian Federal Police) Act 1981 and apply to AFP employees, special members and special protective service officers (defined as "AFP appointees") (reg 2).
Rules of conduct: The Regulations list required behaviours and reporting duties for AFP appointees (for example, courtesy to the public and obeying the law (reg 3); accurate entries in official records (reg 5); no false or misleading statements (reg 6); correct handling and reporting of Commonwealth property (regs 7 and 9)). They also restrict use of issued firearms to what Commissioners' Orders permit (reg 8), limit alcohol and drug use while on duty and set rules about entering licensed or restricted premises (reg 10), and require disclosure to the Commissioner if a person becomes bankrupt (reg 15).
Drug and alcohol testing: The Regulations authorise testing powers, describe who may direct and conduct tests, and prescribe how tests must be carried out and recorded. The Commissioner may authorise persons to give directions to undergo breath, blood or prohibited-drug tests (reg 17) and to authorise persons to conduct tests (reg 18 and Schedule 1). Tests must be performed respectfully and privately and use specified standards and equipment (general requirements in reg 19; breath tests require a Drager Alcotest 7110, reg 24). For non-urine samples, the person taking the sample must split it into two sealed containers, label them and arrange accredited laboratory analysis (regs 26–27). Records and samples must be kept in secure storage for 2 years (reg 21) and certificates and analyst reports are admissible evidence (regs 20, 28).
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Direct links to the current provisions in Australian Federal Police (Discipline) Regulations 1979.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Information control and privacy around tests: Disclosure of test results and related information is tightly limited: only in specified circumstances (e.g. already public, for investigations, criminal proceedings, medical treatment, or with written consent) (reg 22). If results are disputed, the unanalysed sample must be made available for independent testing (reg 23).
What counts as a disciplinary offence and penalties: The Regulations declare a range of acts to be disciplinary offences (for example, failing to follow Part 2 rules, failing to follow Commissioner’s Orders, or certain criminal convictions) (reg 29). The Commissioner can institute proceedings, offer cautions, hear matters, or refer to the Federal Police Disciplinary Tribunal; the Regulations set notice, timeframes and procedural steps (regs 31–35). Where the Commissioner finds an appointee guilty on the balance of probabilities, penalties may include caution, reprimand, a fine up to 5 days' salary, or termination of employment/appointment (reg 36). Fines unpaid after 14 days may be deducted from salary (reg 37).
Termination after criminal conviction and reinstatement: If an AFP appointee is convicted of a "relevant offence" punishable by imprisonment, the Regulations set out when termination must occur (subject to appeal windows) (reg 39). They also provide an administrative process for notifying detained persons (reg 40), and a route for reinstatement if convictions are nullified or sentences reduced, with time limits and conditions (reg 41). Reinstated persons remain subject to other disciplinary provisions (reg 42).
Who decides and who bears costs, in practical terms
Who decides: The Commissioner holds central authority: to make orders, authorise persons to direct or conduct tests (reg 17), institute or stop disciplinary proceedings (reg 31), offer cautions (regs 32 and 34), determine whether the Disciplinary Tribunal will hear a case (reg 31(4)), and delegate powers to Deputies or employees (reg 43).
Operational actors: authorised persons (regs 16–18), accredited laboratories and analysts (regs 2, 26–28 and Schedule 1) perform tests and produce certificates that are treated as evidence (regs 20, 28).
Who pays / financial effects: The text does not state a budget line, but it requires the AFP (through authorised persons) to arrange accredited-laboratory analysis and storage of samples (regs 26–27, 21)—an operational cost the AFP must carry. Financial penalties are borne by the appointee: fines of up to 5 days' salary (reg 36(1)(c)) may be deducted from salary if unpaid after 14 days (reg 37).
Incentives, compliance burden and discretion
Compliance burden on appointees: Appointees must follow detailed conduct rules (Part 2), submit to drug/alcohol tests when directed (Part 3), and obtain written Commissioner permission to work in paid private employment (reg 14). They must report losses and bankruptcies (regs 7, 15). These requirements impose administrative and behavioural compliance costs on individuals.
Institutional discretion and checks: The Commissioner has substantial discretion over authorisations, proceedings and penalties (regs 17, 31, 36). Some constraints are built in: the Commissioner must defer or not continue proceedings where criminal proceedings are underway (reg 31(1A)–(1C)), and certain procedural safeguards are set out (notice periods, right to be heard, right to representation, records and certificates as evidence).
Technical and procedural specificity: The Regulations prescribe technical details for testing (specific breath testing equipment, AS 4308—1995 for urine, splitting blood samples into two sealed containers) and record-keeping timelines (regs 24, 25, 26, 21). These rules reduce ambiguity about how testing must be performed and where samples may be analysed (accredited labs), but they also require the AFP to secure specific equipment, training and laboratory arrangements.
Trade-offs, risks and likely operational effects (mechanisms, not judgements)
Centralised control of discipline and testing: Because the Commissioner controls authorisations, test directions and proceedings (regs 17, 18, 31), the AFP retains operational control of internal discipline and testing logistics; the Regulations create channels (authorised persons, accredited labs) for implementing those powers.
Concentrated decision rights, dispersed costs: Decision rights are concentrated in the Commissioner and authorised officers; compliance costs (time, possible career consequences, fines) fall on individual appointees. Operational costs (equipment, lab analysis, secure storage) are borne by the AFP to implement testing and record-keeping requirements (regs 24–27, 21).
Procedural safeguards and limits: The Regulations include safeguards: privacy requirements for tests (reg 19), certificate/evidence rules (regs 20, 28), sample-availability for independent retesting (reg 23), and deferral where criminal proceedings are started (reg 31(1A)). Those mechanisms structure how administrative discipline interacts with criminal law matters.
Key statutory references: conduct rules (Part 2, regs 3–15); drug-testing framework and procedures (Part 3, regs 16–28 and Schedule 1); disciplinary offences (Part 4, regs 29–30); Commissioner’s powers, proceedings and penalties (Part 5, regs 31–37); termination and reinstatement after conviction (Part 6, regs 38–42); delegation (reg 43).