69Appeal to Disciplinary Tribunal from proceedings before Commissioner

#### 69 Appeal to Disciplinary Tribunal from proceedings before Commissioner (1) Where the Commissioner imposes a penalty on an AFP appointee in respect of a breach of discipline otherwise than in pursuance of subsection 67(6): (a) the Commissioner shall cause the appointee to be notified: (i) of his or her finding and of the reasons for that finding; and (ii) of the penalty imposed in respect of the breach of discipline; and (b) the appointee may appeal to the Disciplinary Tribunal. (2) An appeal to the Disciplinary Tribunal under this section: (a) shall be in writing; (b) shall set out the grounds on which it is made; and (c) shall be lodged with the Registrar of the Tribunal within 28 days after the AFP appointee is notified of the finding, or within such further time as the Disciplinary Tribunal, constituted by the President or a Deputy President, allows (whether before or after the expiration of that period). (3) An appeal to the Disciplinary Tribunal under this section may be made on one or more of the following grounds: (a) that the finding was wrong either in law or in fact or both; (b) that the penalty is unduly severe; (c) that the penalty is not authorized by law. (4) The Disciplinary Tribunal, constituted by the President or a Deputy President, shall hear and determine an appeal by an AFP appointee under this section and may: (a) set aside the finding of the Commissioner and either substitute for that finding such finding as, in its opinion, should have been made in the proceeding, or dismiss the proceeding; (b) if the Tribunal substitutes a finding that the appointee committed a different breach of discipline—impose such penalty in respect of the breach of discipline as the Tribunal deems fit, being a penalty that the Commissioner would have had the power to impose on the appointee under the prescribed regulations if he or she had found the appointee guilty of that breach of discipline; (c) affirm the penalty imposed on the appointee in respect of the breach of discipline; or (d) set aside the penalty imposed on the appointee in respect of the breach of discipline and substitute for that penalty such other penalty as the Tribunal deems fit, being a penalty that the Commissioner had the power to impose on the appointee under the prescribed regulations in respect of the breach of discipline. (5) The Disciplinary Tribunal shall not substitute, for a finding that an AFP appointee is guilty of a breach of discipline, a finding that the appointee is guilty of another breach of discipline unless it has afforded the Commissioner (or an AFP appointee nominated by the Commissioner) and the appointee concerned the opportunity to show cause to the Tribunal why the substituted finding should not be made. (6) Where the Disciplinary Tribunal under subsection (4): (a) imposes a penalty in respect of a breach of discipline different from that with which the AFP appointee concerned was charged; (b) affirms the penalty imposed on the AFP appointee concerned in respect of a breach of discipline; or (c) substitutes for the penalty imposed on the AFP appointee concerned in respect of a breach of discipline another penalty that the Tribunal deems fit; the provisions of the Australian Federal Police Act 1979 and of the regulations in force under that Act apply to and in relation to the penalty so imposed, affirmed or substituted as if it had been imposed on the AFP appointee by the Commissioner under the prescribed regulations. (7) The institution by an AFP appointee of an appeal to the Disciplinary Tribunal under this section does not affect the imposition of a penalty on the appointee by the Commissioner but, if the Disciplinary Tribunal directs that the imposition of the penalty be suspended pending the hearing and determination of the appeal, the imposition of the penalty is suspended accordingly.