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Australian Civilian Corps Bill 2011

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2010-2011

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Australian Civilian Corps Bill 2010

 

 

(1)     Clause 5, page 3 (after line 22), after the definition of overseas , insert:

Presiding Officer means:

                     (a)  the President of the Senate; or

                     (b)  the Speaker of the House of Representatives.

[review of Code of Conduct decisions]

(2)     Clause 17, page 7 (line 9), omit “employees; and”, substitute “employees.”.

[review of Code of Conduct decisions]

(3)     Clause 17, page 7 (lines 10 to 17), omit paragraph (6)(c).

[review of Code of Conduct decisions]

(4)     Clause 17, page 7 (lines 18 to 21), omit subclause (7).

[review of Code of Conduct decisions]

(5)     Page 7 (after line 28), after clause 17, insert:

17A   Review of decisions relating to breaches of Australian Civilian Corps Code of Conduct

             (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:

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

                     (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)  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)  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

             (4)  The Director-General must arrange for:

                     (a)  a person; or

                     (b)  a committee constituted in accordance with the regulations;

to conduct a review under this section.

             (5)  The Director-General must not arrange for a person to conduct a review under this section unless the Director-General is satisfied that the person has appropriate knowledge, skills and experience.

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

                     (a)  the Director-General; or

                     (b)  an APS employee in AusAID; or

                     (c)  an Australian Civilian Corps employee.

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

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

                     (a)  the Director-General; or

                     (b)  an APS employee in AusAID; or

                     (c)  an Australian Civilian Corps employee.

Powers and procedures

             (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

           (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.

           (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:

                     (a)  the Minister; and

                     (b)  either or both of the following:

                              (i)  the Prime Minister;

                             (ii)  the Presiding Officers, for presentation to the Parliament.

[review of Code of Conduct decisions]

(6)     Clause 23, page 10 (line 10), before “The Director-General”, insert “(1)”.

[termination of employment]

(7)     Clause 23, page 10 (after line 13), at the end of the clause, add:

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

[termination of employment]

(8)     Clause 27, page 13 (after line 6), at the end of the clause, add:

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

[Prime Ministerial directions about leave]

(9)     Page 15 (after line 8), after clause 29, insert:

29A   Prohibition of patronage and favouritism

                   A person exercising powers under this Act or the regulations:

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

                     (b)  otherwise in relation to Australian Civilian Corps employees;

must do so without patronage or favouritism.

[prohibition of patronage and favouritism]