Law Enforcement (AFP Professional Standards and Related Measures) Act 2006 (Cth)

Law Enforcement (AFP Professional Standards and Related Measures) Act 2006 No. 84, 2006 An Act to amend the Australian Federal Police Act 1979, and for related purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Main amendments Australian Federal Police Act 1979 Schedule 2—Repeal Complaints (Australian Federal Police) Act 1981 Schedule 3—Consequential amendments Administrative Decisions (Judicial Review) Act 1977 Australian Crime Commission Act 2002 Australian Federal Police Act 1979 Crimes Act 1914 Criminal Code Act 1995 Ombudsman Act 1976 Witness Protection Act 1994 Schedule 3A—Consequential amendments to the Australian Security Intelligence Organisation Act 1979 Part 1—Amendments that may not commence Australian Security Intelligence Organisation Act 1979 Part 2—Amendments contingent on the ASIO Legislation Amendment Act 2006 Australian Security Intelligence Organisation Act 1979 Schedule 4—Alcohol screening tests Australian Federal Police Act 1979 Schedule 5—Provisions relating to suspension or resignation from, and termination of, employment Australian Federal Police Act 1979 Law Enforcement (AFP Professional Standards and Related Measures) Act 2006 No. 84, 2006 An Act to amend the Australian Federal Police Act 1979, and for related purposes [Assented to 30 June 2006] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Law Enforcement (AFP Professional Standards and Related Measures) Act 2006. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 30 June 2006 2. Schedules 1 to 3 At the same time as section 3 of the Law Enforcement Integrity Commissioner Act 2006 commences. 30 December 2006 3. Schedule 3A, Part 1 At the same time as section 3 of the Law Enforcement Integrity Commissioner Act 2006 commences. Do not commence However, the provision(s) do not commence at all if Schedule 1 to the ASIO Legislation Amendment Act 2006 commences before, or at the same time as, the time at which section 3 of the Law Enforcement Integrity Commissioner Act 2006 commences. 4. Schedule 3A, Part 2 The later of: 30 December 2006 (a) immediately after the commencement of the provision(s) covered by table item 2; and (paragraph (a) applies) (b) immediately after the commencement of Schedule 2 to the ASIO Legislation Amendment Act 2006. 5. Schedules 4 and 5 At the same time as section 3 of the Law Enforcement Integrity Commissioner Act 2006 commences. 30 December 2006 Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Main amendments Australian Federal Police Act 1979 1 After subsection 3A(6) Insert: Professional standards and dealing with AFP conduct or practices issues (6A) Part V provides for the setting of AFP professional standards and the way in which AFP conduct or practices issues are raised and dealt with. 2 Subsection 4(1) Insert: AFP appointee means: (a) a Deputy Commissioner; or (b) an AFP employee; or (c) a special member; or (d) a special protective service officer; or (e) a person engaged overseas under section 69A to perform duties overseas as an employee of the Australian Federal Police; or (f) a person who is: (i) engaged under section 35 as a consultant, or independent contractor, to perform services for the Australian Federal Police; and (ii) a consultant, or independent contractor, determined by the Commissioner under subsection 35(2) to be an AFP appointee for the purposes of this paragraph; or (g) a person who is assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D. 3 Subsection 4(1) Insert: AFP conduct issue has the meaning given by sections 40RH and 40RJ. 4 Subsection 4(1) Insert: AFP conduct or practices issue means: (a) an AFP conduct issue; or (b) an AFP practices issue. 5 Subsection 4(1) Insert: AFP practices issue has the meaning given by section 40RI and 40RJ. 6 Subsection 4(1) Insert: AFP professional standards means professional standards determined under Commissioner's orders made for the purposes of section 40RC. 7 Subsection 4(1) Insert: category 1 conduct has the meaning given by section 40RN. 8 Subsection 4(1) Insert: category 1 conduct issue has the meaning given by subsection 40RL(1). 9 Subsection 4(1) Insert: category 2 conduct has the meaning given by section 40RO. 10 Subsection 4(1) Insert: category 2 conduct issue has the meaning given by subsection 40RL(2). 11 Subsection 4(1) Insert: category 3 conduct has the meaning given by section 40RP. 12 Subsection 4(1) Insert: category 3 conduct issue has the meaning given by subsection 40RL(3). 13 Subsection 4(1) Insert: complainant has the meaning given by subsection 40SA(3). 14 Subsection 4(1) Insert: corrupt conduct: see engages in corrupt conduct. 15 Subsection 4(1) Insert: corruption issue has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006. 16 Subsection 4(1) Insert: engages in corrupt conduct has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006. 17 Subsection 4(1) Insert: give information that raises an AFP conduct or practices issue has a meaning affected by subsection (3). 18 Subsection 4(1) Insert: investigator for a category 3 conduct issue, or a corruption issue, means the person to whom the issue is allocated for investigation under section 40TN or 40TO. 19 Subsection 4(1) Insert: manager for a category 1 conduct issue, or category 2 conduct issue, means the person to whom the issue is allocated in accordance with Commissioner's orders issued for the purposes of subsection 40TA(1). 20 Subsection 4(1) Insert: member of the unit constituted under section 40RD means: (a) the AFP appointee appointed as the head of that unit under section 40RE; and (b) any member, or special member, of the Australian Federal Police assigned to that unit under section 40RF. 21 Subsection 4(1) Insert: practices or procedures of the Australian Federal Police has the meaning given by subsection 40RI(3). 22 Subsection 4(1) Insert: remedial action has the meaning given by section 40TD. 23 Subsection 4(1) Insert: termination action has the meaning given by section 40TE. 24 Subsection 4(1) Insert: training and development action has the meaning given by section 40TC. 25 At the end of section 4 Add: (3) A reference in Part V to giving information that raises an AFP conduct or practices issue includes a reference to making a complaint or report that raises an AFP conduct or practices issue. 26 Section 35 Omit "The Commissioner", substitute "(1) The Commissioner". 27 At the end of section 35 Add: (2) The Commissioner may determine, in writing, that a consultant, or independent contractor, specified in the determination is to be an AFP appointee for the purposes of paragraph (f) of the definition of AFP appointee in subsection 4(1). (3) A determination under subsection (2) is not a legislative instrument. 27A Section 39 Repeal the section, substitute: 39 Compliance with Commissioner's Orders An AFP appointee must comply with Commissioner's Orders. 27B Section 40 Repeal the section, substitute: 40 Compliance with specific directions, instructions or orders An AFP appointee must not: (a) disobey; or (b) fail to carry out; a lawful direction, instruction or order, whether written or oral, given to him or her by: (c) the Commissioner; or (d) the AFP appointee under whose control, direction or supervision he or she performs his or her duties. 27C Subsection 40A(1) Omit "an AFP employee, a special member or a special protective service officer", substitute "an AFP appointee". 27D Subsection 40A(2) Omit "the employee, special member or special protective service officer", substitute "the AFP appointee". 27E At the end of section 40H Add: (4) Without limiting subsection 33(3) of the Acts Interpretation Act 1901, the Commissioner may at any time revoke in writing a determination made under subsection (1). 28 After Part IV Insert: Part V—Professional standards and AFP conduct and practices issues Division 1—Preliminary Subdivision A—Objects and simplified outline of Part 40RA Object of this Part The object of this Part is to establish the procedures by which: (a) AFP conduct issues and AFP practices issues; and (b) other issues related to the Australian Federal Police; may be raised and dealt with. 40RB Simplified outline of this Part (1) This Part deals with the handling of: (a) AFP conduct issues and AFP practices issues; and (b) other issues related to the Australian Federal Police. (2) These issues may be: (a) issues that are raised by information given to the Australian Federal Police (see section 40SA); or (b) issues that the Commissioner decides, on his or her own initiative, are to be dealt with under this Part (see section 40SD); or (c) issues that are referred to the Australian Federal Police by the Integrity Commissioner under the Law Enforcement Integrity Commissioner Act 2006 or by the Ombudsman under the Ombudsman Act 1976; or (d) issues that the Minister directs are to be inquired into under Division 4. (3) How a particular AFP conduct issue is dealt with depends on the category to which the issue belongs. Sections 40RK to 40RP deal with the categorisation of AFP conduct issues. (4) AFP conduct issues that belong to the 2 less serious categories (categories 1 and 2) are dealt with managerially and may be addressed by training and development action (see section 40TC) or remedial action (see section 40TD). (5) AFP conduct issues that belong to the 2 more serious categories (category 3 and corruption issues) are dealt with through more formal investigations and may be addressed not only by training and development action and remedial action but also by termination action (see section 40TE) and other action. The investigation may also give rise to a prosecution for an offence. (6) Division 5 confers special investigative powers on people who conduct: (a) investigations under Division 3 of category 3 conduct issues or corruption issues; or (b) inquiries under Division 4. (7) The Ombudsman plays a number of roles under this Part. The Ombudsman: (a) determines, jointly with the Commissioner, the particular kinds of conduct that are to belong to the various categories of conduct (see section 40RM); and (b) is consulted by the Commissioner on the appointment of investigators under section 40TO (see subsection 40TO(6)); and (c) is entitled under section 40WA to have access to the records that are kept in relation to AFP conduct issues and AFP practices issues under that section; and (d) conducts annual reviews and ad hoc reviews of the operation of this Part under Division 7. Subdivision B—Professional standards for AFP appointees 40RC Commissioner may determine professional standards (1) The Commissioner may issue Commissioner's orders under section 38 determining the professional standards to be complied with by AFP appointees. (2) Without limiting subsection (1), the Commissioner may determine a professional standard by reference to the requirements specified in: (a) another Commissioner's order; or (b) another document issued or made by the Commissioner in the exercise of the Commissioner's powers under section 37. (3) Despite section 46AA of the Acts Interpretation Act 1901, a document referred to in paragraph (2)(a) or (b) may be a document: (a) as in force at a particular time; or (b) as in force from time to time. Subdivision C—Unit within Australian Federal Police to undertake professional standards functions 40RD Unit to be constituted (1) The Commissioner must constitute, within the Australian Federal Police, a unit to undertake investigations of: (a) AFP conduct issues that are category 3 conduct issues; and (b) corruption issues that relate to conduct engaged in by AFP appointees. (2) The Commissioner may determine, from time to time, the name by which the unit is to be known. (3) The establishment of the unit is to be such as the Commissioner determines from time to time. (4) In determining and varying the establishment of the unit, the Commissioner must ensure, so far as it is practicable for the Commissioner to do so, that the staffing of the unit is adequate to enable the unit to perform its functions under this Part effectively. 40RE Head of unit (1) The Commissioner may appoint an AFP appointee, in writing, to be the head of the unit constituted under section 40RD. (2) The head of the unit is responsible for the performance by the unit of its functions. (3) The head of the unit is responsible under subsection (2) directly to: (a) the Commissioner; or (b) if the Commissioner so directs—the Deputy Commissioner, or senior executive AFP employee who is at a level equivalent to that of a Deputy Commissioner, specified in the direction. 40RF Assignment of members, and special members, to unit (1) The Commissioner may, in writing, assign a member, or special member, of the Australian Federal Police to the unit constituted under section 40RD. (2) The assignment must: (a) be in writing; and (b) specify the period during which the member, or special member, is to serve in the unit. (3) The period specified under paragraph (2)(b) must not exceed 2 years. (4) If the Commissioner is satisfied that there are special reasons for doing so, the Commissioner may vary, or further vary, the assignment under subsection (1) by substituting for the period specified in the assignment a shorter or longer period. (5) The period substituted under subsection (4) may exceed 2 years. (6) As soon as practicable after the member, or special member, has served in the unit for the period specified in the assignment, the Commissioner must arrange for the member, or special member, to cease serving in the unit. (7) If: (a) a member, or special member, of the Australian Federal Police is assigned to the unit constituted under section 40RD; and (b) the member, or special member, ceases to serve in the unit; and (c) the period of 12 months from the time when the member, or special member, ceased to serve in the unit ends; the member, or special member, may again be assigned to the unit. 40RG Member or special member in unit may be directed to perform other duties The Commissioner may direct a member, or special member, of the Australian Federal Police serving in the unit constituted under section 40RD to perform duties that are not related to the unit's functions but only if those duties do not unduly interfere with the performance by the unit of its functions. Subdivision D—AFP conduct issues and AFP practices issues 40RH AFP conduct issues (1) For the purposes of this Act, an AFP conduct issue is an issue of whether an AFP appointee has: (a) engaged in conduct that contravenes the AFP professional standards; or (b) engaged in corrupt conduct. (2) Subsection (1) applies even if: (a) the AFP appointee who engaged in the conduct has ceased to be an AFP appointee; or (b) the conduct: (i) was engaged in while the AFP appointee was not on duty; or (ii) is conduct of a private character; or (iii) was engaged in before the AFP appointee became an AFP appointee; or (c) the conduct that was engaged in by the AFP appointee also involves or implicates someone who is not an AFP appointee; or (d) the period for bringing a prosecution for an offence, or other proceedings, in relation to the conduct has ended; or (e) the conduct was engaged in before the commencement of this section. (3) Subsection (1) applies whether the conduct was engaged in within, or outside, Australia. (4) To avoid doubt, information may raise an AFP conduct issue even if the identity of the AFP appointee who engaged in the conduct is unknown, is uncertain or is not disclosed in the information. (5) This section has effect subject to section 40RJ. (6) A reference in this section to engaging in conduct includes a reference to failing, or refusing, to engage in conduct. 40RI AFP practices issues (1) For the purposes of this Act, an AFP practices issue is an issue about the practices or procedures of the Australian Federal Police (whether those practices or procedures are carried out within, or outside, Australia). (2) Without limiting subsection (1), an AFP practices issue includes an issue of whether a practice or procedure of the Australian Federal Police is or has been: (a) contrary to law; or (b) unreasonable, unjust, oppressive or improperly discriminatory; or (c) inadequate; or (d) otherwise wrong or inappropriate. (3) For the purposes of this Act, the practices or procedures of the Australian Federal Police include: (a) the rules, orders and instructions (including the Commissioner's Orders) in accordance with which AFP appointees are required to perform their duties; and (b) the policies adopted or followed by the Australian Federal Police; and (c) the practices and procedures ordinarily followed by AFP appointees in the performance of their duties. (4) This section has effect subject to section 40RJ. 40RJ Exclusion of certain employment action (1) For the purposes of this Act, an AFP conduct issue does not include an issue that relates to conduct of a person that is conduct that: (a) consists of action taken in relation to an AFP appointee's employment; and (b) involves neither: (i) a contravention by the person of the AFP professional standards; nor (ii) corrupt conduct by the person. (2) For the purposes of this Act, an AFP practices issue does not include an issue that relates a practice or procedure of the Australian Federal Police that is a practice or procedure that: (a) relates to action taken in relation to AFP appointees' employment; and (b) involves neither: (i) contraventions the AFP professional standards; nor (ii) corrupt conduct by AFP appointees. (3) Without limiting subsections (1) and (2), action taken in relation to an AFP appointee's employment includes action taken in relation to: (a) the appointment of the AFP appointee; or (b) the terms and conditions of employment of the AFP appointee; or (c) the promotion of the AFP appointee; or (d) the termination of the AFP appointee's appointment; or (e) the management of performance that does not meet AFP professional standards; or (f) the payment of remuneration to the AFP appointee. Subdivision E—Categories of AFP conduct issues and managers 40RK Categories of conduct (1) There are 4 categories of conduct for the purposes of this Act. (2) The lowest, and least serious, is category 1. (3) The next highest, and next most serious, is category 2. (4) The next highest, and next most serious, is category 3. (5) The highest, and most serious, is conduct giving rise to a corruption issue. (6) If conduct would otherwise belong to more than one category, it is taken to belong to the higher or highest of those categories. (7) The category to which conduct belongs may change as more information is obtained in relation to the conduct. 40RL Categories of AFP conduct issues (1) A category 1 conduct issue is an issue of whether an AFP appointee has engaged in category 1 conduct. (2) A category 2 conduct issue is an issue of whether an AFP appointee has engaged in category 2 conduct. (3) A category 3 conduct issue is an issue of whether an AFP appointee has engaged in category 3 conduct. 40RM AFP Commissioner and Ombudsman to determine the kinds of conduct that are to be category 1, category 2 or category 3 conduct (1) Subject to sections 40RN, 40RO and 40RP, the Commissioner and the Ombudsman may jointly determine, by legislative instrument: (a) the kind of conduct that is to be category 1 conduct for the purposes of this Act; and (b) the kind of conduct that is to be category 2 conduct for the purposes of this Act; and (c) the kind of conduct that is to be category 3 conduct for the purposes of this Act. (2) If there is no determination under subsection (1) that applies to particular conduct, the conduct is to be taken to be category 3 conduct for the purposes of this Act. 40RN Category 1 conduct The Commissioner and the Ombudsman may determine under subsection 40RM(1) that conduct of a particular kind is to be category 1 conduct for the purposes of this Act only if they are satisfied that: (a) conduct of that kind is inappropriate conduct that: (i) relates to minor management matters or customer service matters; or (ii) reveals a need for improvement in the performance of the AFP appointee concerned; and (b) conduct of that kind does not warrant being treated as category 2 or category 3 conduct for the purposes of this Act. 40RO Category 2 conduct The Commissioner and the Ombudsman may determine under subsection 40RM(1) that conduct of a particular kind is to be category 2 conduct for the purposes of this Act only if they are satisfied that: (a) conduct of that kind is: (i) minor misconduct by an AFP appointee; or (ii) inappropriate conduct that reveals unsatisfactory behaviour by an AFP appointee; and (b) conduct of that kind: (i) would otherwise be category 1 conduct; and (ii) warrants, because of its repeated nature, being treated as category 2 conduct for the purposes of this Act; and (c) conduct of that kind does not warrant being treated as category 3 conduct for the purposes of this Act. 40RP Category 3 conduct (1) The Commissioner and the Ombudsman may determine under subsection 40RM(1) that conduct of a particular kind is to be category 3 conduct for the purposes of this Act only if they are satisfied that: (a) conduct of that kind: (i) is serious misconduct by an AFP appointee; or (ii) raises the question whether termination action should be taken in relation to an AFP appointee; or (iii) involves a breach of the criminal law, or serious neglect of duty, by an AFP appointee; and (b) conduct of that kind does not raise a corruption issue. (2) Subparagraphs (1)(a)(ii) and (iii) do not limit subparagraph (1)(a)(i). 40RQ Managers for particular categories of AFP conduct issues The Commissioner may issue Commissioner's orders under section 38: (a) authorising particular kinds of AFP appointees to act as managers for category 1 conduct issues; or (b) authorising particular kinds of AFP appointees to act as managers for category 2 conduct issues. Division 2—Raising AFP conduct and practices issues with the AFP for action under Division 3 40SA Giving information that raises an AFP conduct or practices issue (1) A person may give information that raises an AFP conduct or practices issue to: (a) the Commissioner; or (b) an AFP appointee. (2) The person: (a) may give the information orally or in writing; and (b) may give the information anonymously. (3) For the purposes of this Act, the person is a complainant in relation to the AFP conduct or practices issue, if: (a) the person expressly indicates; or (b) the manner in which the person gives the information necessarily implies; that he or she wishes to be kept informed of the action taken in relation to the issue. (4) If the person gives the information orally, the Commissioner, the AFP appointee to whom the information is given or the AFP appointee or other person to whom the issue is allocated: (a) may reduce the information to writing; and (b) may, at any time, require the person giving the information to reduce the information to writing; and (c) may, if he or she makes a requirement under paragraph (b), decline to take any further action in relation to the information until the person giving the information reduces the information to writing. (5) If the Ombudsman decides to refer information under subsection 6(21) of the Ombudsman Act 1976, the person who gave the information to the Ombudsman is taken to have given the Commissioner information that raises an AFP conduct or practices issue under this section. (6) A person's right to give information under this section: (a) is in addition to the provisions of any other law; and (b) does not affect the operation of any other law; and (c) without limiting the generality of paragraphs (a) and (b), does not: (i) prevent or affect the taking of legal proceedings under some other law in respect of conduct engaged in by an AFP appointee; or (ii) affect the operation of any other law in respect of legal proceedings so taken. 40SB Arrangements for person in custody to give information (1) This section applies if a person (the detainee) is being detained in custody. (2) For the purposes of this section, a custodian is: (a) the person in whose custody the detainee is being detained; or (b) another person performing duties in connection with the detainee's detention. (3) The detainee may request a custodian to provide the detainee with: (a) facilities for preparing written information to give the Commissioner under section 40SA; and (b) facilities for giving further information to: (i) the Commissioner; or (ii) the person to whom the relevant AFP conduct or practices issue is allocated; and (c) facilities for enclosing the complaint or the further information in a sealed envelope. (4) If the detainee requests facilities under subsection (3), the detainee is entitled to be provided with those facilities. (5) The detainee may request a custodian to have sent to the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) a sealed envelope that is: (a) delivered by the detainee to the custodian; and (b) addressed to the Commissioner (or the person to whom the issue is allocated). (6) If the detainee makes a request under subsection (5), the detainee is entitled to have the envelope delivered to the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) without undue delay. (7) The detainee is entitled to have delivered to the detainee, without undue delay, any sealed envelope that: (a) is addressed to the detainee and sent by the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated); and (b) comes into the possession, or under the control, of a custodian. (8) A custodian is not entitled to open, or inspect any document enclosed in, a sealed envelope that: (a) either: (i) is addressed to the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) and delivered by the detainee to a custodian for sending to the Commissioner; or (ii) is addressed to the detainee and sent by the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated); and (b) comes into the possession, or under the control, of a custodian. (9) For the purposes of this section, the Commissioner may make arrangements with the appropriate authority of a State or a Territory for the identification and delivery of sealed envelopes sent by the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) to persons detained in custody in that State or Territory. 40SC Recording and dealing with information given under section 40SA (1) If a person gives information to another person (the recipient) under section 40SA, the recipient must: (a) record the details of the information; and (b) deal with the information in accordance with the Commissioner's orders issued for the purposes of subsection 40TA(1). (2) Subsection (1) does not apply if: (a) the issue to which the information relates is: (i) a category 1 conduct issue; or (ii) an AFP practices issue; and (b) the recipient is satisfied that the issue: (i) arises as a result of a misunderstanding of the facts, the law or the practices or procedures of the Australian Federal Police; or (ii) is otherwise appropriate for informal resolution; and (c) the recipient is satisfied that: (i) giving an explanation to the person giving the information; or (ii) taking other action; is likely to resolve the issue; and (d) the recipient is satisfied that the recipient is able to give the person giving the information that explanation, or arrange for that action to be taken, within a reasonable period. (3) If the issue is not resolved within a reasonable period, the recipient must: (a) record the details of the information; and (b) deal with the information in accordance with the Commissioner's orders issued for the purposes of subsection 40TA(1). 40SD Commissioner may decide that AFP conduct issue should be dealt with under this Part The Commissioner may decide, on his or her own initiative, that an AFP conduct issue is to be dealt with under this Part. 40SE Recording and dealing with information referred under section 40SD If the Commissioner decides under section 40SD that an AFP conduct issue is to be dealt with under this Part, the Commissioner must: (a) record the details of the information; and (b) deal with the issue in accordance with the Commissioner's orders issued for the purposes of subsection 40TA(1). Division 3—Dealing with AFP conduct or practices issues Subdivision A—Preliminary 40TA Commissioner's orders about how AFP conduct or practices issues are dealt with (1) The Commissioner may issue Commissioner's orders under section 38 in relation to how: (a) AFP conduct or practices issues; and (b) information about AFP conduct or practices issues; are to be dealt with by AFP appointees under this Part. (2) Without limiting subs