Part I
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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
No plain-English breakdown of this one yet.
Zoe can read the full text and write a clear summary plus a deeper analysis of what it does, who it affects and how it works.
Direct links to the current provisions in Complaints (Australian Federal Police) Act 1981.
This Act may be cited as the Complaints (Australian Federal Police) Act 1981.
This Act shall come into operation on a date to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
AFP appointee means a Deputy Commissioner of the Australian Federal Police, an AFP employee, a special member or a special protective service officer of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979).
breach of discipline means an offence that is a disciplinary offence for the purposes of the prescribed regulations.
Commissioner means the Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979, and includes a person acting as the Commissioner of Police in accordance with section 18 of that Act or exercising all the powers, and performing all the functions and duties, of the Commissioner of Police in accordance with section 19 of that Act.
Commissioner’s Orders has the same meaning as in the Australian Federal Police Act 1979.
Disciplinary Tribunal means the Federal Police Disciplinary Tribunal established by section 54.
duties include responsibilities.
Federal police officer means:
(a) a member of the Australian Federal Police; or
(b) a special member of the Australian Federal Police.
Investigation Division means the Internal Investigation Division established in pursuance of section 14.
law means a law of the Commonwealth or of a State or Territory.
minor complaint means a complaint:
(a) concerning action taken by an AFP appointee, being action that is or involves discourtesy to a person; or
(b) that arises out of a misunderstanding of the law, of the policy or procedures of the Australian Federal Police, or of any other matter;
but does not include a complaint concerning action that is or involves: (c) serious ill‑treatment of a person by an AFP appointee; or (d) an assault on a person by an AFP appointee.
officer in charge means the officer in charge of the Investigation Division.
Ombudsman means the Commonwealth Ombudsman.
responsible Minister means the Minister administering the Australian Federal Police Act 1979.
(2) For the purposes of this Act, where the Ombudsman has referred a matter to the Commissioner for investigation by the Investigation Division, that matter shall, upon being referred by the Commissioner to the Division, be taken to have been referred to the Division at the request of the Ombudsman. (3) In this Act, unless the contrary intention appears: (a) a reference to action taken in relation to the employment of AFP appointees generally shall, without limiting the generality of that expression, be construed as including a reference to action taken with respect to the promotion, termination of appointment or discipline of, or the payment of remuneration to, AFP appointees generally; (b) a reference to action taken in relation to the employment of a particular AFP appointee shall, without limiting the generality of that expression, be construed as including a reference to action taken with respect to the promotion of, or the payment of remuneration to, a particular AFP appointee, but shall not be construed as including a reference to action taken with respect to a breach of discipline committed, or alleged to have been committed, by a particular AFP appointee; (ba) a reference to cautioning an AFP appointee for a breach of discipline shall be construed as a reference to cautioning an AFP appointee member for a breach of discipline in accordance with regulations made under the Australian Federal Police Act 1979; (bb) a reference to an AFP appointee being offered or accepting a caution shall be construed as a reference to an AFP appointee member being offered or accepting, as the case may be, a caution in accordance with regulations made under the Australian Federal Police Act 1979; (bc) a reference to admonishing an AFP appointee for a breach of discipline shall be construed as a reference to admonishing an AFP appointee for a breach of discipline in accordance with regulations made under the Australian Federal Police Act 1979; (bd) a reference to an AFP appointee being offered or accepting an admonition shall be construed as a reference to an AFP appointee being offered or accepting, as the case may be, an admonition in accordance with regulations made under the Australian Federal Police Act 1979; (c) a reference to the charging of an AFP appointee in respect of a breach of discipline is a reference to the institution of proceedings against the appointee in respect of the breach in accordance with the prescribed regulations; (d) a reference to the taking of action shall be construed as including a reference to: (i) the making of a decision or recommendation; (ii) the formulation of a proposal; and (iii) failure or refusal to take any action, to make a decision or recommendation or to formulate a proposal. (4) In this Act, references to the prescribed regulations shall be construed as references to such regulations made under the Australian Federal Police Act 1979 as are declared by the regulations made under this Act to be the prescribed regulations.
In this Act, unless the contrary intention appears, a reference to action taken by an AFP appointee is a reference to action that the appointee takes or purports to take: (a) because of his or her being an AFP appointee; or (b) in the exercise of powers, or the performance of functions, given to him or her as an AFP appointee by this Act or by another law.
(1) Subject to this section, if a person complains to an AFP appointee about action taken by the appointee or another AFP appointee, or complains to the Ombudsman about such action, this Act applies in relation to the complaint: (a) whether the complaint is made orally or in writing; and (b) whether or not the AFP appointee whose action is complained of is identified in the complaint; and (c) if the complaint is made to an AFP appointee—whether or not the identity of the complainant is known by, or disclosed to, the appointee. (3) This Act does not apply to or in relation to a complaint concerning action taken in relation to the employment of AFP appointees generally or to the employment of a particular AFP appointee. (4) The provisions of this Act, insofar as they confer rights on a complainant with respect to action taken by an AFP appointee: (a) are in addition to the provisions of any other law; (b) except as provided in subsection 22(5), do not affect the operation of any other law; and (c) without limiting the generality of the foregoing, do not prevent or affect the taking of legal proceedings in respect of that action under some other law or affect the operation of any other law in respect of legal proceedings so taken.
This Act applies both within and outside Australia and extends to every external Territory.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Complaints (Australian Federal Police) Act 1981.
This Act shall come into operation on a date to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
AFP appointee means a Deputy Commissioner of the Australian Federal Police, an AFP employee, a special member or a special protective service officer of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979).
breach of discipline means an offence that is a disciplinary offence for the purposes of the prescribed regulations.
Commissioner means the Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979, and includes a person acting as the Commissioner of Police in accordance with section 18 of that Act or exercising all the powers, and performing all the functions and duties, of the Commissioner of Police in accordance with section 19 of that Act.
Commissioner’s Orders has the same meaning as in the Australian Federal Police Act 1979.
Disciplinary Tribunal means the Federal Police Disciplinary Tribunal established by section 54.
duties include responsibilities.
Federal police officer means:
(a) a member of the Australian Federal Police; or
(b) a special member of the Australian Federal Police.
Investigation Division means the Internal Investigation Division established in pursuance of section 14.
law means a law of the Commonwealth or of a State or Territory.
minor complaint means a complaint:
(a) concerning action taken by an AFP appointee, being action that is or involves discourtesy to a person; or
(b) that arises out of a misunderstanding of the law, of the policy or procedures of the Australian Federal Police, or of any other matter;
but does not include a complaint concerning action that is or involves: (c) serious ill‑treatment of a person by an AFP appointee; or (d) an assault on a person by an AFP appointee.
officer in charge means the officer in charge of the Investigation Division.
Ombudsman means the Commonwealth Ombudsman.
responsible Minister means the Minister administering the Australian Federal Police Act 1979.
(2) For the purposes of this Act, where the Ombudsman has referred a matter to the Commissioner for investigation by the Investigation Division, that matter shall, upon being referred by the Commissioner to the Division, be taken to have been referred to the Division at the request of the Ombudsman. (3) In this Act, unless the contrary intention appears: (a) a reference to action taken in relation to the employment of AFP appointees generally shall, without limiting the generality of that expression, be construed as including a reference to action taken with respect to the promotion, termination of appointment or discipline of, or the payment of remuneration to, AFP appointees generally; (b) a reference to action taken in relation to the employment of a particular AFP appointee shall, without limiting the generality of that expression, be construed as including a reference to action taken with respect to the promotion of, or the payment of remuneration to, a particular AFP appointee, but shall not be construed as including a reference to action taken with respect to a breach of discipline committed, or alleged to have been committed, by a particular AFP appointee; (ba) a reference to cautioning an AFP appointee for a breach of discipline shall be construed as a reference to cautioning an AFP appointee member for a breach of discipline in accordance with regulations made under the Australian Federal Police Act 1979; (bb) a reference to an AFP appointee being offered or accepting a caution shall be construed as a reference to an AFP appointee member being offered or accepting, as the case may be, a caution in accordance with regulations made under the Australian Federal Police Act 1979; (bc) a reference to admonishing an AFP appointee for a breach of discipline shall be construed as a reference to admonishing an AFP appointee for a breach of discipline in accordance with regulations made under the Australian Federal Police Act 1979; (bd) a reference to an AFP appointee being offered or accepting an admonition shall be construed as a reference to an AFP appointee being offered or accepting, as the case may be, an admonition in accordance with regulations made under the Australian Federal Police Act 1979; (c) a reference to the charging of an AFP appointee in respect of a breach of discipline is a reference to the institution of proceedings against the appointee in respect of the breach in accordance with the prescribed regulations; (d) a reference to the taking of action shall be construed as including a reference to: (i) the making of a decision or recommendation; (ii) the formulation of a proposal; and (iii) failure or refusal to take any action, to make a decision or recommendation or to formulate a proposal. (4) In this Act, references to the prescribed regulations shall be construed as references to such regulations made under the Australian Federal Police Act 1979 as are declared by the regulations made under this Act to be the prescribed regulations.
In this Act, unless the contrary intention appears, a reference to action taken by an AFP appointee is a reference to action that the appointee takes or purports to take: (a) because of his or her being an AFP appointee; or (b) in the exercise of powers, or the performance of functions, given to him or her as an AFP appointee by this Act or by another law.
(1) Subject to this section, if a person complains to an AFP appointee about action taken by the appointee or another AFP appointee, or complains to the Ombudsman about such action, this Act applies in relation to the complaint: (a) whether the complaint is made orally or in writing; and (b) whether or not the AFP appointee whose action is complained of is identified in the complaint; and (c) if the complaint is made to an AFP appointee—whether or not the identity of the complainant is known by, or disclosed to, the appointee. (3) This Act does not apply to or in relation to a complaint concerning action taken in relation to the employment of AFP appointees generally or to the employment of a particular AFP appointee. (4) The provisions of this Act, insofar as they confer rights on a complainant with respect to action taken by an AFP appointee: (a) are in addition to the provisions of any other law; (b) except as provided in subsection 22(5), do not affect the operation of any other law; and (c) without limiting the generality of the foregoing, do not prevent or affect the taking of legal proceedings in respect of that action under some other law or affect the operation of any other law in respect of legal proceedings so taken.
This Act applies both within and outside Australia and extends to every external Territory.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
An Act relating to complaints made in respect of members of the Australian Federal Police, and for related purposes
This Act may be cited as the Complaints (Australian Federal Police) Act 1981.
This Act shall come into operation on a date to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
AFP appointee means a Deputy Commissioner of the Australian Federal Police, an AFP employee, a special member or a special protective service officer of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979).
breach of discipline means an offence that is a disciplinary offence for the purposes of the prescribed regulations.
Commissioner means the Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979, and includes a person acting as the Commissioner of Police in accordance with section 18 of that Act or exercising all the powers, and performing all the functions and duties, of the Commissioner of Police in accordance with section 19 of that Act.
Commissioner’s Orders has the same meaning as in the Australian Federal Police Act 1979.
Disciplinary Tribunal means the Federal Police Disciplinary Tribunal established by section 54.
duties include responsibilities.
Federal police officer means:
(a) a member of the Australian Federal Police; or
(b) a special member of the Australian Federal Police.
Investigation Division means the Internal Investigation Division established in pursuance of section 14.
law means a law of the Commonwealth or of a State or Territory.
minor complaint means a complaint:
(a) concerning action taken by an AFP appointee, being action that is or involves discourtesy to a person; or
(b) that arises out of a misunderstanding of the law, of the policy or procedures of the Australian Federal Police, or of any other matter;
but does not include a complaint concerning action that is or involves: (c) serious ill‑treatment of a person by an AFP appointee; or (d) an assault on a person by an AFP appointee.
officer in charge means the officer in charge of the Investigation Division.
Ombudsman means the Commonwealth Ombudsman.
responsible Minister means the Minister administering the Australian Federal Police Act 1979.
(2) For the purposes of this Act, where the Ombudsman has referred a matter to the Commissioner for investigation by the Investigation Division, that matter shall, upon being referred by the Commissioner to the Division, be taken to have been referred to the Division at the request of the Ombudsman. (3) In this Act, unless the contrary intention appears: (a) a reference to action taken in relation to the employment of AFP appointees generally shall, without limiting the generality of that expression, be construed as including a reference to action taken with respect to the promotion, termination of appointment or discipline of, or the payment of remuneration to, AFP appointees generally; (b) a reference to action taken in relation to the employment of a particular AFP appointee shall, without limiting the generality of that expression, be construed as including a reference to action taken with respect to the promotion of, or the payment of remuneration to, a particular AFP appointee, but shall not be construed as including a reference to action taken with respect to a breach of discipline committed, or alleged to have been committed, by a particular AFP appointee; (ba) a reference to cautioning an AFP appointee for a breach of discipline shall be construed as a reference to cautioning an AFP appointee member for a breach of discipline in accordance with regulations made under the Australian Federal Police Act 1979; (bb) a reference to an AFP appointee being offered or accepting a caution shall be construed as a reference to an AFP appointee member being offered or accepting, as the case may be, a caution in accordance with regulations made under the Australian Federal Police Act 1979; (bc) a reference to admonishing an AFP appointee for a breach of discipline shall be construed as a reference to admonishing an AFP appointee for a breach of discipline in accordance with regulations made under the Australian Federal Police Act 1979; (bd) a reference to an AFP appointee being offered or accepting an admonition shall be construed as a reference to an AFP appointee being offered or accepting, as the case may be, an admonition in accordance with regulations made under the Australian Federal Police Act 1979; (c) a reference to the charging of an AFP appointee in respect of a breach of discipline is a reference to the institution of proceedings against the appointee in respect of the breach in accordance with the prescribed regulations; (d) a reference to the taking of action shall be construed as including a reference to: (i) the making of a decision or recommendation; (ii) the formulation of a proposal; and (iii) failure or refusal to take any action, to make a decision or recommendation or to formulate a proposal. (4) In this Act, references to the prescribed regulations shall be construed as references to such regulations made under the Australian Federal Police Act 1979 as are declared by the regulations made under this Act to be the prescribed regulations.
In this Act, unless the contrary intention appears, a reference to action taken by an AFP appointee is a reference to action that the appointee takes or purports to take: (a) because of his or her being an AFP appointee; or (b) in the exercise of powers, or the performance of functions, given to him or her as an AFP appointee by this Act or by another law.
(1) Subject to this section, if a person complains to an AFP appointee about action taken by the appointee or another AFP appointee, or complains to the Ombudsman about such action, this Act applies in relation to the complaint: (a) whether the complaint is made orally or in writing; and (b) whether or not the AFP appointee whose action is complained of is identified in the complaint; and (c) if the complaint is made to an AFP appointee—whether or not the identity of the complainant is known by, or disclosed to, the appointee. (3) This Act does not apply to or in relation to a complaint concerning action taken in relation to the employment of AFP appointees generally or to the employment of a particular AFP appointee. (4) The provisions of this Act, insofar as they confer rights on a complainant with respect to action taken by an AFP appointee: (a) are in addition to the provisions of any other law; (b) except as provided in subsection 22(5), do not affect the operation of any other law; and (c) without limiting the generality of the foregoing, do not prevent or affect the taking of legal proceedings in respect of that action under some other law or affect the operation of any other law in respect of legal proceedings so taken.
This Act applies both within and outside Australia and extends to every external Territory.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(1) If: (a) a person complains to an AFP appointee about action taken by the appointee or by another AFP appointee; and (b) the appointee to whom the complaint is made is an authorised appointee; the authorised appointee must decide whether the complaint is a minor complaint and: (c) if he or she decides that the complaint is a minor complaint—refer it to an AFP appointee designated by
This is an opening excerpt, not the complete document.