Australian Civilian Corps Act 2011 (Cth)

Australian Civilian Corps Act 2011

No. 18, 2011 as amended

Compilation start date: 1 July 2014

Includes amendments up to: Act No. 62, 2014

About this compilation

This compilation

This is a compilation of the Australian Civilian Corps Act 2011 as in force on 1 July 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 29 July 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to provide for the establishment and management of the Australian Civilian Corps, and for other purposes

Part 1Preliminary 1Short title

This Act may be cited as the Australian Civilian Corps Act 2011.

2Commencement

1. (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.	12 April 2011
2. Sections 3 to 31	The 28th day after this Act receives the Royal Assent.	10 May 2011

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

1. (2)

   Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Objects

The objects of this Act are:

1. (a)

   to establish the Australian Civilian Corps; and

2. (b)

   to provide a legal framework for the effective and fair employment and management of Australian Civilian Corps employees.

4Simplified outline

The following is a simplified outline of this Act:

• This Act establishes the Australian Civilian Corps.

• The Australian Civilian Corps consists of persons engaged under this Act as Australian Civilian Corps employees.

• The Secretary of the Department is to manage the Australian Civilian Corps.

• Australian Civilian Corps employees will perform duties overseas.

5Definitions

In this Act:

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.

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.

Presiding Officer means:

1. (a)

   the President of the Senate; or

2. (b)

   the Speaker of the House of Representatives.

Secretary means the Secretary of the Department.

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).

6Crown to be bound

1. (1)

   This Act binds the Crown in each of its capacities.

2. (2)

   However, this Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.

7Extension to external Territories

This Act extends to every external Territory.

8Extension to things overseas

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

9Relationship with Fair Work Acts

1. (1)

   This Act has effect subject to the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

2. (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.

Part 2Australian Civilian Corps 10Constitution of the Australian Civilian Corps

The Australian Civilian Corps consists of Australian Civilian Corps employees.

11Management of the Australian Civilian Corps

The Secretary is responsible for the management of the Australian Civilian Corps.

12Australian Civilian Corps Values

The regulations may prescribe the Australian Civilian Corps Values.

13Secretary’s directions about the Australian Civilian Corps Values

1. (1)

   The Secretary 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. (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).

14Secretary must uphold and promote the Australian Civilian Corps Values

The Secretary must uphold and promote the Australian Civilian Corps Values.

15Australian Civilian Corps Code of Conduct

1. (1)

   The regulations may prescribe the Australian Civilian Corps Code of Conduct.

2. (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. (3)

   The Australian Civilian Corps Code of Conduct applies to Australian Civilian Corps employees.

16Secretary’s directions about the Australian Civilian Corps Code of Conduct

1. (1)

   The Secretary 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. (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).

17Breaches of the Australian Civilian Corps Code of Conduct

Breaches

1. (1)

   The Secretary 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:

   1. (a)

      termination of employment;

   2. (b)

      re‑assignment of duties;

   3. (c)

      deductions from salary, by way of fine;

   4. (d)

      a reprimand.

2. (2)

   The regulations may prescribe limitations on the power of the Secretary to impose sanctions under subsection (1).

Procedures

1. (3)

   The Secretary must establish procedures for determining whether an Australian Civilian Corps employee has breached the Australian Civilian Corps Code of Conduct.

2. (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.

3. (5)

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

4. (6)

   Procedures under subsection (3):

   1. (a)

      must be made with due regard to procedural fairness; and

   2. (b)

      may establish different procedures for different categories of Australian Civilian Corps employees.

5. (8)

   The Secretary 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).

6. (9)

   Procedures under subsection (3) may be varied, but not revoked, in accordance with subsection 33(3) of the Acts Interpretation Act 1901.

7. (10)

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

17AReview of decisions relating to breaches of Australian Civilian Corps Code of Conduct

1. (1)

   A person who is, or has been, an Australian Civilian Corps employee is entitled to review, in accordance with the regulations, of any of the following decisions:

   1. (a)

      a determination that the person breached the Australian Civilian Corps Code of Conduct when the person was an Australian Civilian Corps employee;

   2. (b)

      a decision to impose a sanction on the person for breaching the Australian Civilian Corps Code of Conduct when the person was an Australian Civilian Corps employee.

2. (2)

   However, a person is not entitled to review under this section of a decision to impose a sanction that consists of termination of the person’s employment as an Australian Civilian Corps employee.

3. (3)

   The regulations may prescribe exceptions to the entitlement.

   Note: For example, the regulations might provide that there is no entitlement to review if the application for review is frivolous or vexatious.

Person or committee to conduct a review

1. (4)

   The Secretary must arrange for:

   1. (a)

      a person; or

   2. (b)

      a committee constituted in accordance with the regulations;

to conduct a review under this section.

1. (5)

   The Secretary must not arrange for a person to conduct a review under this section unless the Secretary is satisfied that the person has appropriate knowledge, skills and experience.

2. (6)

   A review under this section must not be conducted by a person if the person is:

   1. (a)

      the Secretary; or

   2. (b)

      an APS employee in the Department; or

   3. (c)

      an Australian Civilian Corps employee.

3. (7)

   The Secretary must not arrange for a committee to conduct a review under this section unless the Secretary is satisfied that each member of the committee has appropriate knowledge, skills and experience.

4. (8)

   A review under this section must not be conducted by a committee if a member of the committee is:

   1. (a)

      the Secretary; or

   2. (b)

      an APS employee in the Department; or

   3. (c)

      an Australian Civilian Corps employee.

Powers and procedures

1. (9)

   Without limiting subsection (1), regulations made for the purposes of that subsection may provide for the powers available to a person or committee that conducts a review under this section.

Recommendations in a report on a review

1. (10)

   A person or committee that has conducted a review under this section (the reviewer) may make recommendations in a report on the review but does not have power to make any binding decision as a result of the review, except as provided by the regulations.

2. (11)

   If the reviewer is not satisfied with the response to recommendations contained in a report on a review under this section, the reviewer may give a report on the matter to:

   1. (a)

      the Minister; and

   2. (b)

      either or both of the following:

      1. (i)

         the Prime Minister;

      2. (ii)

         the Presiding Officers, for presentation to the Parliament.

Part 3Australian Civilian Corps employees 18Employer powers etc. of Secretary

1. (1)

   The Secretary, on behalf of the Commonwealth, has all the rights, duties and powers of an employer in respect of an Australian Civilian Corps employee.

2. (2)

   Without limiting subsection (1), the Secretary has, in respect of Australian Civilian Corps employees, the rights, duties and powers that are prescribed by the regulations.

19Engagement of Australian Civilian Corps employees

1. (1)

   The Secretary, on behalf of the Commonwealth, may engage persons as employees for the purposes of:

   1. (a)

      performing, or potentially performing, duties overseas; or

   2. (b)

      performing duties in Australia that are incidental, preparatory or ancillary to the performance, or potential performance, of duties overseas;

or both.

1. (2)

   The engagement of an Australian Civilian Corps employee must be for a specified term.

2. (3)

   The specified term may be extended, subject to any limitations prescribed by the regulations.

3. (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:

   1. (a)

      probation;

   2. (b)

      citizenship;

   3. (c)

      formal qualifications;

   4. (d)

      security and character clearances;

   5. (e)

      health clearances.

4. (5)

   Subsection (4) does not, by implication, limit the conditions that may be applied to the engagement of an Australian Civilian Corps employee.

5. (6)

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

   1. (a)

      employed by the Commonwealth in another capacity; or

   2. (b)

      employed by any other employer.

   Note: Section 26 deals with leave for the purposes of service in the Australian Civilian Corps.

20Remuneration and other conditions

1. (1)

   The Secretary 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. (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. (3)

   A determination under subsection (1) may apply, adopt or incorporate, with or without modification, any of the provisions of:

   1. (a)

      a fair work instrument; or

   2. (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.

21Assignment of duties

The Secretary 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.

22Suspension

The regulations may make provision in relation to the suspension from duties of Australian Civilian Corps employees, with or without remuneration.

23Termination of employment

1. (1)

   The Secretary 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.

2. (2)

   The notice must set out the ground or grounds for the termination.

24Secondment of Australian Civilian Corps employees

Secondment

1. (1)

   The Secretary 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. (2)

   The Secretary 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. (3)

   The Secretary 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

1. (4)

   The Secretary may at any time, by notice given to the body or organisation to which an Australian Civilian Corps employee is seconded under subsection (1), terminate the secondment of the employee.

Consequences of secondment

1. (5)

   The secondment under subsection (1) of a person who is an Australian Civilian Corps employee does not affect the following:

   1. (a)

      the person’s status as an Australian Civilian Corps employee;

   2. (b)

      the application of any provision of this Act in relation to the person during the period of the secondment.

2. (6)

   Nothing in this section affects:

   1. (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

   2. (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.

25Limitation on Ministerial directions to Secretary

The Secretary is not subject to direction by any Minister in relation to the exercise of powers by the Secretary under this Part in relation to particular individuals.

Part 4Leave for the purposes of service in the Australian Civilian Corps 26Power to grant leave for the purposes of service in the Australian Civilian Corps

1. (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. (2)

   Subsection (1) is in addition to, and not instead of, any other power of an employer to grant unpaid leave.

27Prime Minister may issue directions about leave etc. to Commonwealth employers

Commonwealth employer

1. (1)

   For the purposes of this section, each of the following persons is a Commonwealth employer:

   1. (a)

      a person who, on behalf of the Commonwealth, has the powers of an employer in respect of an employee of the Commonwealth;

   2. (b)

      a body corporate that:

      1. (i)

         is established by or under a law of the Commonwealth for a public purpose; and

      2. (ii)

         has employees;

   3. (c)

      a company that:

      1. (i)

         is a wholly‑owned Commonwealth company (within the meaning of the Public Governance, Performance and Accountability Act 2013); and

      2. (ii)

         has employees.

Directions

1. (2)

   The Prime Minister may, by legislative instrument, issue directions to a Commonwealth employer in relation to:

   1. (a)

      the granting of leave to employees for the purposes of service in the Australian Civilian Corps; or

   2. (b)

      any other matter that relates to the participation of employees in the Australian Civilian Corps.

2. (3)

   Directions under subsection (2) must not relate to a particular employee.

3. (4)

   Paragraph (2)(a) does not apply to a grant of leave to an employee unless the employee has requested the leave.

Part 5Miscellaneous 28Payments in special circumstances

1. (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:

   1. (a)

      the payee’s employment as an Australian Civilian Corps employee; or

   2. (b)

      another person’s employment as an Australian Civilian Corps employee.

2. (2)

   The Minister may authorise the making of any of the following payments:

   1. (a)

      one or more payments of an amount or amounts specified in the authorisation (or worked out in accordance with the authorisation);

   2. (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. (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. (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. (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.

29Disclosure or use of personal information

The regulations:

1. (a)

   may authorise the disclosure or use, in specific circumstances, of personal information (within the meaning of the Privacy Act 1988); and

2. (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.

29AProhibition of patronage and favouritism

A person exercising powers under this Act or the regulations:

1. (a)

   in relation to the engagement of Australian Civilian Corps employees; or

2. (b)

   otherwise in relation to Australian Civilian Corps employees;

must do so without patronage or favouritism.

30Delegations

1. (1)

   The Minister may, in writing, delegate to:

   1. (a)

      another Minister; or

   2. (b)

      an SES employee, or acting SES employee, in the Department; or

   3. (c)

      a person who holds an office or appointment under an Act;

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 the Acts Interpretation Act 1901.

1. (2)

   The Secretary may, in writing, delegate to:

   1. (a)

      an APS employee in the Department; or

   2. (b)

      an Australian Civilian Corps employee;

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

1. (c)

   this Act; or

2. (d)

   the regulations; or

3. (e)

   any other instrument made under this Act.

Note: The expression APS employee is defined in the Acts Interpretation Act 1901.

1. (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.

2. (4)

   This section does not apply to a power to make, vary or revoke a legislative instrument.

31Regulations

The Governor‑General may make regulations prescribing matters:

1. (a)

   required or permitted by this Act to be prescribed; or

2. (b)

   necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Endnotes

Endnote 1About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2Abbreviation key

ad = added or inserted	pres = present
am = amended	prev = previous
c = clause(s)	(prev) = previously
Ch = Chapter(s)	Pt = Part(s)
def = definition(s)	r = regulation(s)/rule(s)
Dict = Dictionary	Reg = Regulation/Regulations
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expired or ceased to have effect	rep = repealed
hdg = heading(s)	rs = repealed and substituted
LI = Legislative Instrument	s = section(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
mod = modified/modification	Sdiv = Subdivision(s)
No = Number(s)	SLI = Select Legislative Instrument
o = order(s)	SR = Statutory Rules
Ord = Ordinance	Sub‑Ch = Sub‑Chapter(s)
orig = original	SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s) /sub‑subparagraph(s)

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Australian Civilian Corps Act 2011	18, 2011	12 Apr 2011	s 3–31: 10 May 2011 Remainder: 12 Apr 2011 (s 2(1) item 1)
Australian Civilian Corps Amendment Act 2013	140, 2013	13 Dec 2013	Sch 1 (items 1–28): 13 Dec 2013 (s 2)	—
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014	62, 2014	30 June 2014	Sch 7 (item 202) and Sch 14 (items 1–4): 1 July 2014 (s 2(1) items 6, 14)	Sch 14 (items 1–4)

Endnote 4Amendment history

Provision affected	How affected
Pt 1
s 4.........................................	am No 140, 2013
s 5.........................................	am No 140, 2013
Pt 2
s 11........................................	am No 140, 2013
hdg to s 13..............................	rs No 140, 2013
s 13........................................	am No 140, 2013
hdg to s 14..............................	rs No 140, 2013
s 14........................................	am No 140, 2013
hdg to s 16..............................	rs No 140, 2013
s 16........................................	am No 140, 2013
s 17........................................	am No 140, 2013
s 17A.....................................	am No 140, 2013
Pt 3
hdg to s 18..............................	rs No 140, 2013
s 18........................................	am No 140, 2013
s 19........................................	am No 140, 2013
s 20........................................	am No 140, 2013
s 21........................................	am No 140, 2013
s 23........................................	am No 140, 2013
s 24........................................	am No 140, 2013
hdg to s 25..............................	rs No 140, 2013
s 25........................................	am No 140, 2013
Pt 4
s 27........................................	am No 62, 2014
Pt 5
s 30........................................	am No 140, 2013

Endnote 5Uncommenced amendments [none]Endnote 6Modifications [none]Endnote 7Misdescribed amendments [none]Endnote 8Miscellaneous [none]