Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Amendment of the Australian Crime Commission Act 2002
Australian Crime Commission Act 2002
1 Subsection 4(1)
Insert:
"serious misconduct" , by a member of the staff referred to in subsection 47(1), has the meaning given by subsection 47A(8).
2 After section 47
Insert:
47A Termination of employment of member of staff for serious misconduct
CEO may make declaration
(1) This section applies if the CEO terminates the employment of a member of the staff referred to in subsection 47(1) and the CEO believes, on reasonable grounds, that the staff member's conduct or behaviour, or any part of it:
(a) amounts to serious misconduct by the staff member; and
(b) is having, or is likely to have, a damaging effect on:
(i) the professional self‑respect or morale of some or all of the members of the staff of the ACC; or
(ii) the reputation of the ACC with the public, or any section of the public, or with an Australian or overseas government, or with a law enforcement agency or a foreign law enforcement agency.
Note: See section 29 of the Public Service Act 1999 for termination of the employment of a member of the staff referred to in subsection 47(1) of this Act.
(2) The CEO may, in accordance with subsection (5), make a declaration that he or she has the belief referred to in subsection (1) in relation to the staff member.
Effect of declaration on Fair Work Act
(3) If the CEO makes the declaration for the staff member, the Fair Work Act 2009 (other than Part 3‑1 and Division 9 of Part 3‑3 of that Act) does not apply in relation to:
(a) the termination of the staff member's employment; or
(b) the making of the declaration.
Note 1: This means, for example, that the provisions of the Fair Work Act 2009 dealing with unfair dismissal, and notice of termination or payment in lieu, do not apply in relation to the staff member.
Note 2: Part 3‑1 of the Fair Work Act 2009 deals with general protections, and Division 9 of Part 3‑3 of that Act deals with payments relating to periods of industrial action.
(4) To avoid doubt, subsection (3) applies despite section 8 of the Public Service Act 1999 .
Procedural requirements
(5) The declaration must be:
(a) in writing; and
(b) made within 24 hours of the CEO's decision to terminate the staff member's employment.
(6) The CEO must give the staff member a copy of the declaration.
CEO to give report after making declaration
(7) The CEO must give the Minister and the Board a written report containing the following, as soon as practicable after making the declaration:
(a) the grounds for the CEO's belief referred to in subsection (1) in relation to the staff member;
(b) the nature and findings of any investigation of, or inquiry into, the staff member's conduct or behaviour;
(c) details of any other matter the CEO considers relevant.
Meaning of serious misconduct
(8) In this section:
"serious misconduct" , by a member of the staff referred to in subsection 47(1), means:
(a) corruption, a serious abuse of power, or a serious dereliction of duty, by the staff member; or
(b) any other seriously reprehensible act or behaviour by the staff member, whether or not acting, or purporting to act, in the course of his or her duties as such a staff member.
3 Application of item 2
Section 47A of the Australian Crime Commission Act 2002 (as inserted by item 2 of this Schedule) applies in relation to a decision to terminate the employment of a member of the staff referred to in subsection 47(1) of that Act, where that decision is made after the commencement of this item.
4 At the end of section 59A
Add "(other than a power or function under section 47A)".
Part 2 -- Amendment of the Telecommunications (Interception and Access) Act 1979
Telecommunications (Interception and Access) Act 1979
5 Subsection 5(1) (at the end of paragraph (aa) of the definition of permitted purpose )
Add:
(iii) an investigation of, or an inquiry into, alleged misbehaviour, or alleged improper conduct, of a member of the staff referred to in subsection 47(1) of the Australian Crime Commission Act 2002 ; or
(iv) a report on such an investigation or inquiry; or
(v) the making by a person of a decision, following such an investigation or inquiry, in relation to the employment of such a staff member (including a decision to terminate the staff member's employment); or
(vi) a review (whether by way of appeal or otherwise) of such a decision; or
6 After paragraph 68(c)
Insert:
(ca) if:
(i) the information relates, or appears to relate, to an act or omission by a member of the staff of the ACC that may give rise to a decision by the Chief Executive Officer of the ACC to terminate the employment of the staff member; and
(ii) the originating agency is not the ACC;
to the Chief Executive Officer of the ACC; and
7 Application
The Telecommunications (Interception and Access) Act 1979 , as amended by this Part, applies in relation to the communication, use and making of a record of information, and the giving of information in evidence in proceedings, on or after the commencement of this item, whether the information was obtained before or after that commencement.
Part 3 -- Review of amendments
8 Review of operation of amendments relating to serious misconduct by staff member
(1) The Minister must cause an independent review to be undertaken of the operation of section 47A of the Australian Crime Commission Act 2002 , as inserted by this Schedule, and the amendments made by Part 2 of this Schedule.
(2) The review must be undertaken as soon as practicable after the end of the period of 2 years after the commencement of this Schedule.