Federal Police Disciplinary Tribunal

establishment

functions and powers

Functions and powers

The Tribunal deals with disciplinary offences under the Australian Federal Police (Discipline) Regulations 1979. In addition, the Minister may refer to the Tribunal for inquiry and report a matter relating to the Australian Federal Police (AFP).

Disciplinary proceedings against AFP appointees are begun by the Commissioner of Police (the Commissioner). The Complaints Act requires certain of those proceedings to be heard and determined by the Tribunal. Other disciplinary proceedings may also be heard and determined by the Tribunal in circumstances prescribed by the Complaints Act, otherwise they are dealt with by the Commissioner.

If the Tribunal finds an AFP appointee guilty of a breach of discipline and the Tribunal is not constituted by the President or a Deputy President, it must remit the proceedings to the Commissioner for the imposition of a penalty. An appeal lies against the penalty imposed by the Commissioner to the Tribunal constituted by the President or a Deputy President, which may affirm the penalty or substitute another penalty.

Where the Commissioner determines that an AFP appointee is guilty of a disciplinary offence and he or she imposes a penalty, an appeal lies to the Tribunal constituted by the President or a Deputy President. The Tribunal may set aside the finding of the Commissioner and either substitute another finding or dismiss the proceeding, impose a penalty in respect of a breach of discipline different from that with which the AFP appointee concerned was charged, affirm the penalty imposed by the Commissioner, or set aside that penalty and substitute another penalty.

In prescribed circumstances the Tribunal may order the Commonwealth to pay the costs incurred by an AFP appointee of proceedings before it.