Angus Taylor (Hume, Liberal Party, Minister for Law Enforcement and Cybersecurity) Share this | Link to this | Hansard source

I present a supplementary explanatory memorandum to the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Bill 2016 and ask leave of the Federation Chamber to move government amendments (1) and (2), as circulated, together.

Leave granted.

I move government amendments (1) and (2), as circulated, together:

(1)   Schedule 8, item 15, page 111 (after line 28), after subsection 40P(2), insert:

  (3)   If the regulations make provision in relation to a matter by applying, adopting or incorporating a matter contained in a standard as referred to in subsection (2), the Commissioner must ensure that the text of the matter applied, adopted or incorporated is readily available, free of charge, to each AFP appointee.

  (4)   Subsection (3) does not apply if the text cannot be made so available without infringing copyright.

(2)   Schedule 8, item 20, page 113 (lines 3 and 4), omit the item, substitute:

20 Subsections 30A(6) and (7)

Repeal the subsections, substitute:

  (6)   If one or more notices under subsection (2) have been given to the AFP employee in relation to the notice of resignation, the Commissioner may, by written notice to the AFP employee, substitute a day as the day on which his or her resignation is to take effect.

  (7)   The Commissioner may give a maximum of 2 notices under subsection (6) to the AFP employee in relation to the notice of resignation.

  (8)   To be effective, the first notice given under subsection (6) in relation to the notice of resignation must:

  (a)   specify a day no later than 30 days after the day specified in the most recent notice given under subsection (2) in relation to the notice of resignation; and

  (b)   be given to the AFP employee before the day specified in the most recent notice given under subsection (2) in relation to the notice of resignation.

  (9)   To be effective, any second notice given under subsection (6) in relation to the notice of resignation must:

  (a)   specify a day no later than 30 days after the day specified in the first notice given under subsection (6) in relation to the notice of resignation; and

  (b)   be given to the AFP employee before the day specified in the first notice given under subsection (6) in relation to the notice of resignation.

Note:   The effect of subsections (2) to (9) is that the latest day that may be specified in a notice given under this section is the day 150 days after the day specified in the notice of resignation.

  (10)   On or before the day specified in the most recent notice given under this section in relation to the notice of resignation, the Commissioner must:

  (a)   accept the AFP employee’s notice of resignation; or

  (b)   terminate the AFP employee’s employment under section 28.

  (11)   If the Commissioner accepts the notice of resignation under paragraph (10)(a), the AFP employee’s resignation takes effect on the day on which the Commissioner communicates acceptance of the resignation to the employee.

  (12)   The Commissioner must:

  (a)   cause a review of the operation of this section to be undertaken as soon as practicable after the fifth anniversary of the commencement of this subsection; and

  (b)   give the Minister a report of the review.

These amendments are to schedule 8 of the bill, which amends the Australian Federal Police Act. The government amendments are twofold. Firstly, there are amendments to the drug-testing provisions of the bill, which reflects a request made by the Senate Scrutiny of Bills Committee. Secondly, there are amendments to the deferred resignation provisions of the bill, to address a concern raised by the Australian Federal Police Association, the AFPA, and by the Senate Legal and Constitutional Affairs Legislation Committee.

Briefly, the Senate Scrutiny of Bills Committee recommended the government make an amendment to require the AFP commissioner to ensure the relevant standards for alcohol and drug testing. If those standards are incorporated into the regulations, they would be available to all AFP appointees. The government has agreed to this recommendation by the Senate committee. The amendments require the commissioner to make relevant standards freely available to AFP appointees, subject to any copyright infringement. In practice, the AFP actually already makes the relevant standards available to AFP appointees through the AFP intranet. But what this will do is ensure that all persons who are bound by the standards will be able to freely and readily access the standard that must be adhered to for alcohol and drug testing.

Now to the deferred-resignation amendments: the AFPA made a submission to the committee expressing strong opposition to the original proposal to extend the period to postpone resignation. The amendment would have provided the AFP commissioner with the power to postpone resignation for another 90 days on top of the original 90, for a total of 180. But, following very productive discussions between the AFPA and the AFP, mutually suitable amendments were agreed to, to address the concerns while still achieving the desired policy outcome. Indeed, the amendments that have just been put forward provide the commissioner with the power, in addition to the current maximum deferral of 90 days, to approve an extension to defer resignation for up to 30 days, and that's permissible on two occasions, which would allow a total possible postponement of 150 days.

The amendments also provide for the review of the operation of these new deferred resignation provisions as soon as practicable after the fifth anniversary of their commencement. The committee recommended that amendments to the same effect be made. The government's amendments therefore address the committee's concerns as well as the AFPA's. The government amendments strengthen the bill and reflect an appropriate balance between transparency and fairness and legitimate law enforcement integrity measures.

Clare O'Neil (Hotham, Australian Labor Party, Shadow Minister for Justice) Share this | Link to this | Hansard source

On behalf of the opposition, I'll just make some brief comments on the amendments to the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Bill 2016 that have been put forward by the government. Labor is happy to support the amendments to schedule 8 of the bill. The original provisions in schedule 8 sought to extend the period that the AFP commissioner is authorised to postpone an employee's date of resignation in cases that involve allegations of serious misconduct or corruption from 90 days to 180 days. The minister has outlined some of the discussions that took place while this bill was working its way through the legislative process. The Australian Federal Police Association, the Labor opposition and the Senate Legal and Constitutional Affairs Legislation Committee raised concerns about this aspect of the bill. During the briefing that was provided to us by the department we were able to suggest that the parties could perhaps work this out, rather than having a big blow-up in the parliament on this matter. It's very pleasing to see that a compromise has been reached and the government's been able to move amendments that will give effect to that compromise. It's an example—perhaps a rare one—of the legislative process working at its effective best.

The amendment proposed by the government will permit the commissioner or delegate to postpone an employee's resignation by an extra 30 days. That extension can occur only twice, making the maximum postponement of a resignation 150 days rather than the 180 days initially proposed by the government. Importantly, under these amendments any extension must be properly justified. The government has also agreed to a statutory review of these changes after five years so we can be sure that the amendments to this scheme are working properly. Labor does support these changes and the bill as a whole. They make some minor, though important, improvements to the way federal criminal law operates. Thank you.

Question agreed to.

Bill, as amended, agreed to.

Ordered that this bill be reported to the House with amendments.