31Proceedings for disciplinary offences

31 Proceedings for disciplinary offences

(1) If the Commissioner believes that an AFP appointee has committed a disciplinary offence, the Commissioner may institute proceedings against the AFP appointee by giving the AFP appointee notice of the proceedings.

(1A) The Commissioner shall not institute proceedings against an AFP appointee under subregulation (1) or, if the Commissioner has instituted proceedings under that subregulation, the Commissioner shall not continue those proceedings where criminal proceedings are commenced against the AFP appointee in respect of the matter to which the proceedings under subregulation (1) relate or would have related.

(1B) Where an AFP appointee has been convicted of a criminal offence in respect of a matter, the Commissioner shall not institute proceedings under subregulation (1) for a disciplinary offence relating to that matter otherwise than for the disciplinary offence referred to in paragraph 29 (1) (e).

(1C) Nothing in subregulation (1A) shall be taken to limit the Commissioner’s power to institute or continue proceedings under subregulation (1) where the criminal proceedings have not resulted in a finding of guilt in relation to the AFP appointee.

(1D) The Commissioner shall not institute proceedings against an AFP appointee under subregulation (1) in relation to an alleged disciplinary offence where the AFP appointee has accepted a caution under regulation 32 or 34 in relation to that alleged offence.

(2) A notice served on an AFP appointee under subregulation (1):

(a) shall be signed by the Commissioner or a person authorized by him or her to sign notices under that subregulation;

(b) shall state the nature, and give the particulars, of the alleged disciplinary offence;

(c) shall request the AFP appointee to notify the Commissioner within such period, not being less than 7 days after the date of service of the notice, as is specified in the notice, whether the AFP appointee admits or does not admit the truth of the matters alleged to constitute the disciplinary offence;

(d) shall state that the AFP appointee may, within the period specified in the notice in accordance with paragraph (c), deliver to the Commissioner:

(i) any written statement that the AFP appointee may wish to make in relation to the alleged disciplinary offence; and

(ii) any written statement made by another person that the AFP appointee may wish to tender in support of his or her own statement; and

(e) shall inform the AFP appointee that he or she is entitled to appear at the hearing of the proceedings and, in the case of proceedings before the Disciplinary Tribunal, that the AFP appointee may appear in person or may be represented by a legal practitioner or by some other person.