AUSTRALIAN CIVILIAN CORPS BILL 2010

i Australian Civilian Corps Bill 2010 No. , 2010

Contents

Part 1--Preliminary

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Objects

...............................................................................................

4 Simplified

outline

..............................................................................

5 Definitions

.........................................................................................

Crown to be bound ............................................................................. 4

Extension to external Territories ........................................................ 4

Extension to things overseas .............................................................. 4

Relationship with Fair Work Acts ..................................................... 4

Part 2--Australian Civilian Corps

Constitution of the Australian Civilian Corps .................................... 5

Management of the Australian Civilian Corps .................................. 5

12 Australian

Civilian

Corps Values ...................................................... 5

13 Director-General's

directions about the Australian Civilian

Corps Values ...................................................................................... 5

Director-General must uphold and promote the Australian

Civilian Corps Values ........................................................................ 5

Australian Civilian Corps Code of Conduct ...................................... 5

16 Director-General's

directions about the Australian Civilian

Corps Code of Conduct ...................................................................... 6

Breaches of the Australian Civilian Corps Code of Conduct ............. 6

Part 3--Australian Civilian Corps employees

Employer powers etc. of Director-General ........................................ 8

Engagement of Australian Civilian Corps employees ....................... 8

20 Remuneration

and

other conditions ................................................... 9

21 Assignment

of duties ....................................................................... 10

22 Suspension

.......................................................................................

23 Termination

employment ............................................................ 10

Secondment of Australian Civilian Corps employees ..................... 10

Limitation on Ministerial directions to Director-General ................ 11

Part 4--Leave for the purposes of service in the Australian

Civilian Corps

Power to grant leave for the purposes of service in the

Australian Civilian Corps ................................................................ 12

Prime Minister may issue directions about leave etc. to

Commonwealth employers .............................................................. 12

Part 1 Preliminary

Section 2

2 Australian Civilian Corps Bill 2010 No. , 2010

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 and

2 and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Sections 3 to

The 28th day after this Act receives the

Royal Assent.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of 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 Objects

The objects of this Act are:

(a) to establish the Australian Civilian Corps; and

(b) to provide a legal framework for the effective and fair

employment and management of Australian Civilian Corps

employees.

4 Simplified outline

The following is a simplified outline of this Act:

�

This Act establishes the Australian Civilian Corps.

Preliminary Part 1

Section 5

Australian Civilian Corps Bill 2010 No. , 2010 3

�

The Australian Civilian Corps consists of persons engaged

under this Act as Australian Civilian Corps employees.

�

The Director-General of AusAID is to manage the Australian

Civilian Corps.

�

Australian Civilian Corps employees will perform duties

overseas.

5 Definitions

In this Act:

AusAID means the Australian Agency for International

Development.

Australian Civilian Corps Code of Conduct means the Australian

Civilian Corps Code of Conduct prescribed under subsection 15(1).

Australian Civilian Corps employee means a person engaged

under section 19.

Australian Civilian Corps Values means the Australian Civilian

Corps Values prescribed under section 12.

Director-General means the Director-General of AusAID.

enterprise agreement has the same meaning as in the Fair Work

Act 2009.

fair work instrument has the same meaning as in the Fair Work

Act 2009.

overseas means outside Australia and the Territories.

WR Act collective transitional instrument means an award, a

collective agreement or a pre-reform certified agreement (within

the meaning of those terms in the Fair Work (Transitional

Provisions and Consequential Amendments) Act 2009).

Part 1 Preliminary

Section 6

4 Australian Civilian Corps Bill 2010 No. , 2010

6 Crown to be bound

(1) This Act binds the Crown in each of its capacities.

(2) However, this Act does not make the Crown liable to a pecuniary

penalty or to be prosecuted for an offence.

7 Extension to external Territories

This Act extends to every external Territory.

8 Extension to things overseas

This Act extends to acts, omissions, matters and things overseas.

9 Relationship with Fair Work Acts

(1) This Act has effect subject to the Fair Work Act 2009 and the Fair

Work (Transitional Provisions and Consequential Amendments)

Act 2009.

(2) Subsection (1) is not intended to imply anything about the

relationship between this Act and any Act other than the Fair Work

Act 2009 or the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009.

Australian Civilian Corps Part 2

Section 10

Australian Civilian Corps Bill 2010 No. , 2010 5

Part 2--Australian Civilian Corps

10 Constitution of the Australian Civilian Corps

The Australian Civilian Corps consists of Australian Civilian

Corps employees.

11 Management of the Australian Civilian Corps

The Director-General, under the Minister, is responsible for the

management of the Australian Civilian Corps.

12 Australian Civilian Corps Values

The regulations may prescribe the Australian Civilian Corps

Values.

13 Director-General's directions about the Australian Civilian

Corps Values

(1) The Director-General may, by legislative instrument, issue

directions in relation to each of the Australian Civilian Corps

Values for the purposes of determining, where necessary, the scope

or application of the Australian Civilian Corps Values.

(2) For the purposes of this Act other than this section, the Australian

Civilian Corps Values have effect subject to the restrictions (if any)

in directions made under subsection (1).

14 Director-General must uphold and promote the Australian

Civilian Corps Values

The Director-General must uphold and promote the Australian

Civilian Corps Values.

15 Australian Civilian Corps Code of Conduct

(1) The regulations may prescribe the Australian Civilian Corps Code

of Conduct.

Part 2 Australian Civilian Corps

Section 16

6 Australian Civilian Corps Bill 2010 No. , 2010

(2) The Australian Civilian Corps Code of Conduct must include a rule

that an Australian Civilian Corps employee must at all times

behave in a way that upholds the Australian Civilian Corps Values.

(3) The Australian Civilian Corps Code of Conduct applies to

Australian Civilian Corps employees.

16 Director-General's directions about the Australian Civilian

Corps Code of Conduct

(1) The Director-General may, by legislative instrument, issue

directions in relation to the Australian Civilian Corps Code of

Conduct for the purposes of determining, where necessary, the

scope or application of the Australian Civilian Corps Code of

Conduct.

(2) For the purposes of this Act other than this section, the Australian

Civilian Corps Code of Conduct has effect subject to the

restrictions (if any) in directions made under subsection (1).

17 Breaches of the Australian Civilian Corps Code of Conduct

Breaches

(1) The Director-General may impose the following sanctions on an

Australian Civilian Corps employee who is found (under

procedures established under subsection (3)) to have breached the

Australian Civilian Corps Code of Conduct:

(a) termination of employment;

(b) re-assignment of duties;

(d)

reprimand.

(2) The regulations may prescribe limitations on the power of the

Director-General to impose sanctions under subsection (1).

Procedures

(3) The Director-General must establish procedures for determining

whether an Australian Civilian Corps employee has breached the

Australian Civilian Corps Code of Conduct.

Australian Civilian Corps Part 2

Section 17

Australian Civilian Corps Bill 2010 No. , 2010 7

(4) Procedures under subsection (3) may set out matters to be taken

into account in determining the sanction to be imposed on an

Australian Civilian Corps employee for breaching the Australian

Civilian Corps Code of Conduct.

(5) Subsection (4) does not limit subsection (3).

(6) Procedures under subsection (3):

(a) must be made with due regard to procedural fairness; and

(b) may establish different procedures for different categories of

Australian Civilian Corps employees; and

review, conducted within AusAID in accordance with the

procedures, of any of the following decisions:

(i) a decision that the employee has breached the

Australian Civilian Corps Code of Conduct;

(ii) a decision to impose a sanction on the employee for

breaching the Australian Civilian Corps Code of

Conduct.

(7) Procedures under subsection (3) may provide for exceptions to the

entitlement referred to in paragraph (6)(c).

Note:

For example, the instrument might provide that there is no entitlement

to review if the application for review is frivolous or vexatious.

(8) The Director-General must take reasonable steps to ensure that

every Australian Civilian Corps employee has ready access to

documents that set out the procedures referred to in subsection (3).

(9) Procedures under subsection (3) may be varied, but not revoked, in

accordance with subsection 33(3) of the Acts Interpretation Act

1901.

(10) Procedures under subsection (3) are not a legislative instrument.

Part 3 Australian Civilian Corps employees

Section 18

8 Australian Civilian Corps Bill 2010 No. , 2010

Part 3--Australian Civilian Corps employees

18 Employer powers etc. of Director-General

(1) The Director-General, on behalf of the Commonwealth, has all the

rights, duties and powers of an employer in respect of an

Australian Civilian Corps employee.

(2) Without limiting subsection (1), the Director-General has, in

respect of Australian Civilian Corps employees, the rights, duties

and powers that are prescribed by the regulations.

19 Engagement of Australian Civilian Corps employees

(1) The Director-General, on behalf of the Commonwealth, may

engage persons as employees for the purposes of:

(a) performing, or potentially performing, duties overseas; or

(b) performing duties in Australia that are incidental, preparatory

or ancillary to the performance, or potential performance, of

duties overseas;

or both.

(2) The engagement of an Australian Civilian Corps employee must be

for a specified term.

(3) The specified term may be extended, subject to any limitations

prescribed by the regulations.

(4) The engagement of an Australian Civilian Corps employee may be

made subject to conditions notified to the employee, including

conditions dealing with any of the following matters:

(a)

probation;

(b)

citizenship;

(c)

formal

qualifications;

(d) security and character clearances;

(e)

health

clearances.

Australian Civilian Corps employees Part 3

Section 20

Australian Civilian Corps Bill 2010 No. , 2010 9

(5) Subsection (4) does not, by implication, limit the conditions that

may be applied to the engagement of an Australian Civilian Corps

employee.

(6) A person may be engaged under this section even if the person is:

(a) employed by the Commonwealth in another capacity; or

(b) employed by any other employer.

Note:

Section 26 deals with leave for the purposes of service in the

Australian Civilian Corps.

20 Remuneration and other conditions

(1) The Director-General may from time to time determine in writing

the remuneration and other terms and conditions of employment

applying to an Australian Civilian Corps employee or Australian

Civilian Corps employees.

Note:

Certain terms and conditions of employment are applicable to an

Australian Civilian Corps employee under the National Employment

Standards.

(2) A determination under subsection (1) is of no effect to the extent

that it would reduce the benefit to an Australian Civilian Corps

employee of an individual term or condition applicable to the

employee under an enterprise agreement.

Note:

A determination under subsection (1) would also be of no effect to the

extent that it would reduce the benefit to an Australian Civilian Corps

employee of a term or condition applicable to the employee under the

National Employment Standards.

(3) A determination under subsection (1) may apply, adopt or

incorporate, with or without modification, any of the provisions of:

(a) a fair work instrument; or

(b) a WR Act collective transitional instrument;

as in force from time to time.

Note:

A determination under subsection (1) may apply, adopt or incorporate,

with or without modification, any of the provisions of the National

Employment Standards. However, any modification of the provisions

of the National Employment Standards by a determination under

subsection (1) would be of no effect to the extent that it would reduce

the benefit to an Australian Civilian Corps employee of a term or

condition applicable to the employee under the National Employment

Standards.

Part 3 Australian Civilian Corps employees

Section 21

10 Australian Civilian Corps Bill 2010 No. , 2010

21 Assignment of duties

The Director-General may from time to time determine the duties

of an Australian Civilian Corps employee, and the place or places

at which the duties are to be performed.

22 Suspension

The regulations may make provision in relation to the suspension

from duties of Australian Civilian Corps employees, with or

without remuneration.

23 Termination of employment

The Director-General may at any time, by written notice, terminate

the employment of an Australian Civilian Corps employee.

Note: The

Fair Work Act 2009 has rules and entitlements that apply to

termination of employment.

24 Secondment of Australian Civilian Corps employees

Secondment

(1) The Director-General may arrange for an Australian Civilian Corps

employee to be seconded for a specified period to any body or

organisation (including an international body or organisation).

(2) The Director-General may enter into an agreement with a body or

organisation in relation to the secondment of one or more

Australian Civilian Corps employees to the body or organisation

under subsection (1).

(3) The Director-General may enter into an agreement with an

Australian Civilian Corps employee in relation to the secondment

of the employee to a body or organisation under subsection (1).

Termination

(4) The Director-General may at any time, by notice given to the body

or organisation to which an Australian Civilian Corps employee is

Australian Civilian Corps employees Part 3

Section 25

Australian Civilian Corps Bill 2010 No. , 2010 11

seconded under subsection (1), terminate the secondment of the

employee.

Consequences of secondment

(5) The secondment under subsection (1) of a person who is an

Australian Civilian Corps employee does not affect the following:

(a) the person's status as an Australian Civilian Corps employee;

(b) the application of any provision of this Act in relation to the

person during the period of the secondment.

(6) Nothing in this section affects:

(a) any rights, powers or immunities that an Australian Civilian

Corps employee who is seconded under subsection (1) has by

virtue of holding any office or position to which the

employee has been seconded; or

(b) the extent to which the employee is subject to obligations or

liabilities in relation to discipline by virtue of holding any

office or position to which the employee has been seconded.

25 Limitation on Ministerial directions to Director-General

The Director-General is not subject to direction by any Minister in

relation to the exercise of powers by the Director-General under

this Part in relation to particular individuals.

Part 4 Leave for the purposes of service in the Australian Civilian Corps

Section 26

12 Australian Civilian Corps Bill 2010 No. , 2010

Part 4--Leave for the purposes of service in the

Australian Civilian Corps

26 Power to grant leave for the purposes of service in the Australian

Civilian Corps

(1) An employer in Australia may, at the request of an employee of the

employer, grant unpaid leave to the employee for the purposes of

service in the Australian Civilian Corps.

(2) Subsection (1) is in addition to, and not instead of, any other power

of an employer to grant unpaid leave.

27 Prime Minister may issue directions about leave etc. to

Commonwealth employers

Commonwealth employer

(1) For the purposes of this section, each of the following persons is a

Commonwealth employer:

(a) a person who, on behalf of the Commonwealth, has the

powers of an employer in respect of an employee of the

Commonwealth;

(b) a body corporate that:

(i) is established by or under a law of the Commonwealth

for a public purpose; and

(ii)

has

employees;

(i) is a wholly-owned Commonwealth company (within the

meaning of the Commonwealth Authorities and

Companies Act 1997); and

(ii)

has

employees.

Directions

(2) The Prime Minister may, by legislative instrument, issue directions

to a Commonwealth employer in relation to:

Part 5 Miscellaneous

Section 28

14 Australian Civilian Corps Bill 2010 No. , 2010

Part 5--Miscellaneous

28 Payments in special circumstances

(1) The Minister may authorise the making of payments to a person

under subsection (2) if the Minister considers it appropriate to do

so because of special circumstances that relate to, or arise out of:

(a) the payee's employment as an Australian Civilian Corps

employee; or

(b) another person's employment as an Australian Civilian Corps

employee.

(2) The Minister may authorise the making of any of the following

payments:

(a) one or more payments of an amount or amounts specified in

the authorisation (or worked out in accordance with the

authorisation);

(b) periodical payments of an amount specified in the

authorisation (or worked out in accordance with the

authorisation), during a period specified in the authorisation

(or worked out in accordance with the authorisation).

(3) Payments may be authorised under this section even though the

payments would not otherwise be authorised by law or required to

meet a legal liability.

(4) An authorisation cannot be made under this section if it would

involve, or be likely to involve, a total amount of more than

$100,000.

(5) Conditions may be attached to payments under this section. If a

condition is breached, the payment may be recovered by the

Commonwealth as a debt in a court of competent jurisdiction.

29 Disclosure or use of personal information

The

regulations:

Miscellaneous Part 5

Section 30

Australian Civilian Corps Bill 2010 No. , 2010 15

(a) may authorise the disclosure or use, in specific

circumstances, of personal information (within the meaning

of the Privacy Act 1988); and

(b) may impose restrictions on the collection, storage, access, use

or further disclosure of information disclosed under

regulations made for the purposes of paragraph (a).

Note: The

Freedom of Information Act 1982 and the Privacy Act 1988 have

rules about the disclosure of personal information.

30 Delegations

(1) The Minister may, in writing, delegate to:

(a) another Minister; or

(b) an SES employee, or acting SES employee, in AusAID; or

any or all of his or her powers or functions under this Act or the

regulations.

Note: The

expressions

SES employee and acting SES employee are defined

in section 17AA of the Acts Interpretation Act 1901.

(2) The Director-General may, in writing, delegate to:

(a) an APS employee in AusAID; or

(b) an Australian Civilian Corps employee;

any or all of his or her powers or functions under:

(d) the regulations; or

(e) any other instrument made under this Act.

Note: The

expression

APS employee is defined in section 17AA of the Acts

Interpretation Act 1901.

(3) A person exercising powers or functions under a delegation under

this section must comply with any directions of the person who

delegated the power or function.

(4) This section does not apply to a power to make, vary or revoke a

legislative instrument.

Commonwealth of Australia Bills

AUSTRALIAN CIVILIAN CORPS BILL 2010