COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 67 Charges in respect of breaches of discipline

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 67

67. (1) Where proceedings are instituted by the Commissioner against a member
under the prescribed regulations in respect of a breach of discipline -

   (a)  as a result of an investigation of a complaint that was referred to
        the Commissioner by the Ombudsman; or

   (b)  as a result of an investigation of a complaint that was referred to
        the Investigation Division under section 6, not being a complaint made
        by a person known to the Commissioner to be a member, the proceedings
        shall be heard and determined by the Disciplinary Tribunal.

(2) Where proceedings (other than proceedings to which sub-section (1)
applies) are instituted by the Commissioner against a member under the
prescribed regulations in respect of a breach of discipline and the member
concerned does not admit the truth of the matters alleged to constitute the
breach of discipline, the proceedings shall be heard and determined by the
Disciplinary Tribunal -

   (a)  if the member requests the Commissioner, in writing, that the
        proceedings be so heard and determined; or

   (b)  if the Commissioner determines, in writing, that it would be desirable
        for the proceedings to be so heard and determined.

(3) Where the Disciplinary Tribunal, in proceedings heard by it in pursuance
of sub-section (1) or (2), finds a member guilty of a breach of discipline -

   (a)  if the Tribunal is constituted by the President or a Deputy President
        - the Tribunal may, subject to sub-sections (5) and (7), impose on the
        member, in respect of the breach of discipline, such penalty as the
        Tribunal deems fit, being a penalty that the Commissioner would have
        had the power to impose upon the member, under the prescribed
        regulations, in respect of the breach of discipline if the
        Commissioner had heard and determined the proceedings and found the
        member guilty of that breach of discipline; or

   (b)  if the Tribunal is not so constituted - the Tribunal shall inform the
        Commissioner, in writing, of its findings in the proceedings and remit
        the proceedings to the Commissioner for the imposition of a penalty on
        the member in respect of the breach of discipline.

(4) The Tribunal may, under paragraph (3) (a), in the case of a commissioned
officer, recommend to the Governor-General that the officer be reduced to a
lower rank or dismissed from the Australian Federal Police but shall not
itself reduce him to a lower rank or dismiss him from the Australian Federal
Police.

(5) Before imposing a penalty under paragraph (3) (a) in respect of a breach
of discipline, the Disciplinary Tribunal shall consult with the Commissioner
or with another member of the Federal Police nominated by the Commissioner
with respect ot the penalty that it would be appropriate to impose in respect
of that breach of discipline.

(6) Where the Disciplinary Tribunal remits proceedings to the Commissioner
under paragraph (3) (b) for the imposition of a penalty on a member in respect
of a breach of discipline, the Commissioner may, subject to sub-section (7),
impose on the member, in respect of the breach of discipline, such penalty as
he thinks fit, being a penalty that the Commissioner would have had the power
to impose on the member, under the prescribed regulations, if the Commissioner
had heard and determined the proceedings and found the member guilty of the
breach of discipline.

(7) Neither the Disciplinary Tribunal under sub-section (3) nor the
Commissioner under sub-section (6) shall impose on a member a penalty by way
of recommending to the Governor-General that the member be reduced to a lower
rank or dismissed from the Australian Federal Police or by way of reducing the
member to a lower rank or dismissing him from the Australian Federal Police
unless the Tribunal or the Commissioner, as the case requires -

   (a)  has caused to be served on the member a notice informing the member -

        (i)    that it or he considers that it might be appropriate to impose
               that penalty on the member; and

        (ii)   that the member may, within 7 days after service of the notice
               on him, deliver to the Tribunal or the Commissioner, as the
               case requires, in writing, any written statement that the
               member wishes to be taken into consideration in deciding the
               appropriate penalty to be imposed upon him; and

   (b)  has, before imposing such a penalty on the member, taken into
        consideration the matters contained in any statements delivered to it
        or to him in accordance with the notice, but nothing in this
        sub-section prejudices the rights of the member under sections 74 and
        75.

(8) The provisions of the Australian Federal Police Act 1979 and of the
regulations in force under that Act apply to any penalty imposed under this
section as if it had been imposed by the Commissioner under the prescribed
regulations.

(9) As soon as practicable after the Disciplinary Tribunal has made its
finding in respect of proceedings heard by it in pursuance of subsection (1),
but subject to any decision of the Disciplinary Tribunal prohibiting or
restricting the disclosure of the finding -

   (a)  if the complainant complained to a member of the Australian Federal
        Police - the Commissioner; or

   (b)  if the complainant complained to the Ombudsman - the Ombudsman, shall,
        unless the identity of the complainant is not known, cause particulars
        of the decision to be furnished, in writing, to the complainant.