Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Complaints, investigations and dispute resolution
Defence Reserve Service (Protection) Act 2001
1 Section 7
Insert:
"Secretary " means Secretary of the Department.
2 Subsection 72A(1)
Repeal the subsection, substitute:
(1) A person may make a complaint to the Chief of the Defence Force about an alleged contravention of a provision of this Act.
(1A) The Chief of the Defence Force may investigate disputes between persons whose interests are affected by a provision of this Act, and establish dispute resolution services for the purpose of resolving such disputes.
3 Division 1B of Part 11 (heading)
Omit " mediation ", substitute " investigations ".
4 Section 72B
Repeal the section, substitute:
(1) A person may make a complaint to the Chief of the Defence Force about an alleged contravention of a provision of this Act.
(2) A complaint must be made in a form and manner approved by the Chief of the Defence Force.
(3) Subject to this Division, the Chief of the Defence Force may deal with a complaint as the Chief of the Defence Force thinks fit.
72C Investigation of complaints and suspected contraventions
(1) The Chief of the Defence Force may investigate the following:
(a) a complaint made under section 72B;
(b) a suspected contravention of a provision of this Act, whether or not a complaint has been made under section 72B.
(2) For the avoidance of doubt, the Chief of the Defence Force is not required to investigate a complaint made under section 72B.
(3) Subject to this Division, an investigation may be conducted in a way that the Chief of the Defence Force thinks fit, and the Chief of the Defence Force may, for the purposes of an investigation, obtain information from such persons, and make such inquiries, as the Chief of the Defence Force thinks fit.
72D Notice to produce information or documents
(1) This section applies if the Chief of the Defence Force reasonably believes that a person is capable of providing information, or producing a document, that is relevant to an investigation under section 72C.
(2) The Chief of the Defence Force may, by written notice given to the person, require the person to:
(a) give to the Chief of the Defence Force any such information; or
(b) produce to the Chief of the Defence Force any such documents;
within the period and in the manner specified in the notice.
(3) The period specified in the notice must be at least 14 days after the day the notice is given.
(4) The notice must set out the effect of sections 137.1 and 137.2 of the Criminal Code .
Note: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.
72E Compliance with notice to produce
(1) A person who is given a notice under subsection 72D(2) must comply with the notice within the period specified in the notice.
(2) A person who contravenes subsection (1) is liable to a civil penalty.
Civil penalty: 100 penalty units.
72F Copies and retention of documents
The Chief of the Defence Force may:
(a) inspect a document produced under subsection 72D(2); and
(b) make and retain copies of the whole or a part of such a document.
(1) This section applies if the Chief of the Defence Force obtains information (including personal information within the meaning of the Privacy Act 1988 ) as a result of conducting an investigation under section 72C.
(2) The Chief of the Defence Force may disclose the information to a person or entity described in an item of the following table, for a purpose described in that item, if the Chief of the Defence Force reasonably believes that the disclosure will serve that purpose.
| Recipients and purposes of disclosure | ||
| Item | Person or entity to which disclosure may be made | Purpose for which disclosure may be made |
| 1 | a person (or the person's legal representative) who made a complaint under section 72B relevant to the investigation
| the disclosure is reasonably necessary for the purpose of: (a) informing the person of the results of the investigation; or (b) the person applying to, or deciding whether to apply to, a court of competent jurisdiction under section 73, 75 or 76 |
| 2 | a person (or the person's legal representative): (a) alleged to have contravened a provision of this Act; or (b) suspected of contravening a provision of this Act | the disclosure is reasonably necessary for the purpose of informing the person of the results of the investigation |
| 3 |
any of the following: (a) the Secretary of the Department; (b) an SES employee, or acting SES employee, in the Department; (c) an APS employee in the Department; (d) a member of the Defence Force | the disclosure is likely to assist the person in the: (a) performance of duties or functions, or the exercise of powers, under this Act; or (b) administration or enforcement of this Act |
| 4 | an enforcement body within the meaning of the Privacy Act 1988 | sharing the information is reasonably necessary for one or more enforcement related activities (within the meaning of the Privacy Act 1988 ) conducted by, or on behalf of, the enforcement body |
| 5 | the Minister | the disclosure is likely to assist the Minister: (a) to consider a complaint or issue in relation to a matter arising under this Act; or (b) in the administration or enforcement of this Act |
Note: The expressions APS employee , SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .
72H Division does not limit other Divisions of this Part
This Division does not limit the other Divisions of this Part.
Division 1C -- Dispute resolution
72J The Chief of the Defence Force may provide dispute resolution services
(1) The Chief of the Defence Force may establish dispute resolution services for the purpose of resolving disputes between persons whose interests are affected by a provision of this Act.
(2) Without limiting subsection (1), the dispute resolution services may include the following:
(a) mediation;
(b) conciliation;
(c) compulsory conferences.
72K Conduct o f dispute resolution processes
(1) A person's participation in a dispute resolution process may be:
(a) voluntary; or
(b) for a compulsory conference--required by a direction given to the person under subsection 72L(3).
(2) Persons engaged in a dispute resolution process must act in good faith in relation to the conduct of that process.
(1) The Chief of the Defence Force may refer disputes between persons whose interests are affected by a provision of this Act (the parties ) to a compulsory conference for one or more of the following purposes:
(a) advising the parties of their rights and obligations;
(b) facilitating discussion between the parties;
(c) identifying issues in dispute;
(d) resolving issues in dispute.
(2) In deciding whether to refer parties to a dispute to a compulsory conference, the Chief of the Defence Force may consider the following:
(a) whether a compulsory conference will assist the parties in resolving the dispute;
(b) any other courses of action available to the parties to resolve the dispute;
(c) the steps that have been taken by the parties to try to resolve the dispute;
(d) whether the circumstances of the parties require the dispute to be resolved as a matter of urgency;
(e) any other matter that the Chief of the Defence Force considers relevant.
Direction to attend conference
(3) The Chief of the Defence Force may, by written notice given to a person, require the person to attend a compulsory conference.
(4) The notice must specify the time and place of the conference, which must not be earlier than 14 days after the day the notice is given.
Reimbursement
(5) If a person is given a notice under subsection (3), the person is entitled to be paid a reasonable allowance for expenses incurred by the person for transport, meals and accommodation in connection with complying with the notice.
Penalty
(6) A person who is given a notice under subsection (3) must comply with the notice.
(7) A person who contravenes subsection (6) is liable to a civil penalty.
Civil penalty: 100 penalty units.
72M Admissibility of things said in a dispute resolution process
Evidence of anything said, or any admission made, during a dispute resolution process under this Division is not admissible:
(a) in any court (whether exercising federal jurisdiction or not); or
(b) in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory, or by the consent of the parties, to hear evidence.
72N Division does not limit other Divisions of this Part
This Division does not limit the other Divisions of this Part.
Defence Reserve Service (Protection) Act 2001
5 Section 7 (paragraphs (b) and (d) of the definition of operational service )
Omit "the regulations", substitute "the rules".
6 Section 7
Insert:
"rules " means rules made under section 81.
7 Section 7 (definition of this Act )
Omit "the regulations", substitute "the rules".
8 Paragraph 53(3)(b)
Omit "the regulations", substitute "the rules".
9 Subsection 54(3)
Omit "the regulations", substitute "the rules".
10 Section 66 (heading)
Omit " Prescribed authority ", substitute " The Chief of the Defence Force ".
11 Section 66
Omit "a prescribed authority may", substitute "the Chief of the Defence Force may, on behalf of the Commonwealth".
12 Subsection 67(1)
Omit "prescribed amount", substitute "amount (the maximum loan amount ) prescribed by the rules".
13 Subsection 67(2)
Omit "prescribed amount", substitute "maximum loan amount".
14 At the end of section 67
Add:
(3) The rules may make provision for and in relation to the indexation of a maximum loan amount.
15 Section 68
Omit "prescribed authority", substitute "Chief of the Defence Force".
16 Section 69
Omit "the regulations", substitute "the rules".
17 Subsection 70(1)
Omit "A prescribed authority must not make or guarantee a loan unless", substitute "The Chief of the Defence Force must not make or guarantee a loan on behalf of the Commonwealth unless".
18 Paragraph 70(1)(b)
Omit "prescribed authority", substitute "Chief of the Defence Force".
19 Subsection 70(2)
Repeal the subsection, substitute:
(2) The member must apply for the loan or guarantee in the form approved, in writing, by the Chief of the Defence Force:
(a) while the member is rendering continuous full-time defence service as a result of a call out; or
(b) within 12 months after the member stops rendering that service.
20 Subsections 70(3) to (5)
Omit "prescribed authority", substitute "Chief of the Defence Force".
21 Section 72 (heading)
Omit " prescribed authorities ", substitute " the Chief of the Defence Force ".
22 Subsection 72(1)
Omit "A prescribed authority may", substitute "The Chief of the Defence Force may, on behalf of the Commonwealth,".
23 Subsection 72(1)
Omit "the prescribed authority", substitute "the Chief of the Defence Force".
24 Subsection 72(3)
Omit "a prescribed authority may", substitute "the Chief of the Defence Force may, on behalf of the Commonwealth,".
25 Subsection 72(4)
Omit "The prescribed authority", substitute "The Chief of the Defence Force".
26 Subsection 72A(5)
Omit "A person prescribed by the regulations", substitute "The Chief of the Defence Force".
27 Subsection 73(2)
Omit "a prescribed person", substitute "the Chief of the Defence Force".
28 Paragraph 75(2)(b)
Omit "a prescribed person", substitute "the Chief of the Defence Force".
29 Paragraph 76(2)(b)
Omit "a prescribed person", substitute "the Chief of the Defence Force".
30 Subsection 76A(2)
Omit "a person prescribed by the regulations for the purposes of this subsection", substitute "the Chief of the Defence Force".
31 Paragraph 76B(1)(a)
Omit "under regulations made for the purposes of paragraph 72B(1)(a)", substitute "under section 72B".
32 Paragraph 76B(1)(b)
Omit "under regulations made for the purposes of that paragraph", substitute "under Division 1B of this Part".
33 Section 79
Before "The Chief of the Defence Force may", insert "(1)".
34 Section 79
After "under this Act", insert "(other than under Part 10, or Division 1B, 1C or 3 of Part 11)".
35 At the end of section 79
Add:
(2) The Chief of the Defence Force may, in writing, delegate all or any of the Chief of the Defence Force's powers and functions under Part 10, or Division 1B, 1C or 3 of Part 11, to:
(a) an SES employee, or acting SES employee, in the Department; or
(b) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent, in the Department; or
(c) a person who holds a rank not lower than the naval rank of captain, or the rank of colonel or group captain.
Note: The expressions APS employee , SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .
(3) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Chief of the Defence Force.
36 After section 79
Insert:
(1) The Chief of the Defence Force must, as soon as practicable after the end of each financial year, prepare a report on the administration and operation of this Act during that year.
(2) The report must be included in the annual report prepared by the Secretary and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for the financial year.
37 Section 81
Repeal the section, substitute:
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
Part 3 -- Application, saving and transitional provisions
38 Definitions
In this Part:
amended Act means the Defence Reserve Service (Protection) Act 2001 , as amended by this Act.
commencement day means the day this item commences.
Deputy Director means the person appointed as the Deputy Director of the Office of Reserve Service Protection under regulation 6 of the regulations.
Director means the person appointed as the Director of the Office of Reserve Service Protection under regulation 5 of the regulations.
Office means the Office of Reserve Service Protection, established under subregulation 4(1) of the regulations.
regulations means the Defence Reserve Service (Protection) Regulations 2001 , as in force immediately before the commencement day.
the Act means the Defence Reserve Service (Protection) Act 2001 , as in force immediately before the commencement day.
39 Application provision
(1) Subject to item 40, section 72B of the amended Act applies in relation to complaints made to the Chief of the Defence Force under that section on or after the commencement day, regardless of whether the alleged contravention to which the complaint relates occurred before, on or after that day.
(2) Subject to item 40, section 72C of the amended Act applies in relation to investigations commenced by the Chief of the Defence Force under that section on or after the commencement day, regardless of whether the alleged or suspected contravention to which the investigation relates occurred before, on or after that day.
(3) Subject to item 40, section 72J of the amended Act applies in relation to dispute resolution services established under that section on or after the commencement day, regardless of whether the dispute arose before, on or after that day.
40 Transitional provision--complaints, investigations and dispute resolution services
(1) If, immediately before the commencement day, the Office had not completed its consideration of a complaint under regulation 15 of the regulations, the complaint has effect, on and after that day, as if it were a complaint made to the Chief of the Defence Force under section 72B of the amended Act.
(2) If, immediately before the commencement day, the Office had not completed an investigation under regulation 16, or regulation 17, of the regulations, the investigation has effect, on and after that day, as if it were an investigation by the Chief of the Defence Force under section 72C of the amended Act.
(3) If, immediately before the commencement day, a mediation conference had not been finalised under regulation 22 of the regulations, the mediation has effect, on and after that day, as if it were a dispute resolution service provided under section 72J of the amended Act.
(4) If, before the commencement day, information was given to the Office in accordance with regulation 12 of the regulations, the information is taken, on and after that day, to have been information given to the Chief of the Defence Force for the purposes of the Chief of the Defence Force performing functions or responsibilities under Part 10 of the amended Act.
(5) If, before the commencement day, a document or other information was given to the Office in accordance with subregulation 18(7) of the regulations, the document or other information is taken, on and after that day, to have been given to the Chief of the Defence Force under section 72D of the amended Act.
(6) If, before the commencement day, the Office had made copies, taken extracts or retained the possession of documents or information under regulation 21 of the regulations, the copy, extract, document or information is taken, on and after that day, to have been copied, extracted or retained by the Chief of the Defence Force under section 72F of the amended Act.
41 Transitional provision--things done in capacity of prescribed authority etc.
(1) If, before the commencement day, a thing was done by, or in relation to, the Office in the capacity of a prescribed authority under a provision of Part 10 of the Act, then the thing has effect, on and after that day, as if it were done by, or in relation to, the Chief of the Defence Force under that provision.
(2) If, before the commencement day, a thing was done by, or in relation to, the Director, or Deputy Director, in the capacity of a prescribed person, or person prescribed by the regulations, under a provision of Part 11 of the Act, then the thing has effect, on and after that day, as if it were done by, or in relation to, the Chief of the Defence Force under that provision.
(3) Nothing in this item is intended to:
(a) change the time at which a thing was done, or required to be done; or
(b) affect the operation of items 39, 40, 42 or 43 of this Schedule.
42 Transitional provision--interest payments
(1) This item applies if:
(a) on or after the commencement day, interest is payable under section 53 or 54 of the amended Act by a member, or a dependant of a member; and
(b) the member's start day of defence service occurred before the commencement day.
(2) Paragraph 53(3)(b), or subsection 54(3), of the amended Act applies in relation to the interest payable as if the reference to the rate of interest in that paragraph or subsection were a reference to the rate worked out in accordance with the regulations as in force at the start of the start day of the member's defence service.
43 Saving provision
(1) Subject to subitem (4), and despite the amendments made by items 12 to 14 of this Schedule, section 67 of the Act, and regulations made for the purposes of that section, continue to apply in relation to loans made or guarantees given before the commencement day, as if those amendments had not been made.
(2) Subject to subitem (4), and despite the amendments made by item 16 of this Schedule, section 69 of the Act, and regulations made for the purposes of that section, continue to apply in relation to loans made or guarantees given before the commencement day, as if those amendments had not been made.
(3) Subject to subitem (4), and despite the amendments made by item 4 of this Schedule, section 72B of the Act, and any regulations made for the purposes of that section, continue to apply in relation to notices to produce that were given before the commencement day, as if the amendments had not been made.
(4) For the purposes of subitems (1), (2) and (3), a reference to the Office, the Director, or the Deputy Director in regulations mentioned in those subitems, is taken to be a reference to the Chief of the Defence Force.