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Intelligence Services Bill 2001

Part 5 Staff of ASIS

   

33   Employment of staff

             (1)  The Director-General may, on behalf of the Commonwealth, employ by written agreement such employees of ASIS as the Director-General thinks necessary for the purposes of this Act.

             (2)  The Director-General, on behalf of the Commonwealth, has all the rights, duties and powers of an employer in respect of the engagement, and employment, of employees of ASIS.

             (3)  The Director-General may determine the terms and conditions on which employees are to be employed. Before making a determination the Director-General must consult with the employees who are to be subject to the terms and conditions of the determination.

34   Engagement of consultants

             (1)  The Director-General may, on behalf of the Commonwealth, engage as consultants persons having suitable qualifications and experience.

             (2)  The engagement of a consultant must be by written agreement.

             (3)  The terms and conditions of engagement are those determined by the Director-General from time to time.

35   Applicability of principles of Public Service Act 1999

                   Although employees of ASIS are not employed under the Public Service Act 1999 , the Director-General must adopt the principles of that Act in relation to employees of ASIS to the extent to which the Director-General considers they are consistent with the effective performance of the functions of ASIS.

36   Special provisions relating to existing staff

                   A person who, immediately before the commencement of this Act, was employed in ASIS under a written agreement continues to be employed on the terms and conditions specified in that agreement, unless he or she agrees to accept other terms and conditions.

37   Staff grievances

             (1)  The Director-General must:

                     (a)  establish procedures relating to the consideration of grievances of employees and former employees of ASIS; and

                     (b)  determine the classes of ASIS actions that are to be subject to the grievance procedures.

             (2)  In establishing the procedures and determining the classes of action, the Director-General must:

                     (a)  adopt the principles of the Public Service Act 1999 to the extent to which the Director-General considers they are consistent with the effective performance of the functions of ASIS; and

                     (b)  consult with the employees of ASIS.

             (3)  The procedures must include the following matters:

                     (a)  initial consideration of grievances by the Director-General or a person authorised in writing by the Director-General;

                     (b)  establishment of Grievance Review Panels chaired by independent Chairs to make determinations reviewing initial considerations of grievances.

             (4)  The Director-General must implement a determination of a Grievance Review Panel to the extent that it is within his or her power to do so.

             (5)  In this section:

action includes a refusal or failure to act.

ASIS action means action taken after the commencement of this Act by the Director-General or an employee of ASIS that relates to an ASIS employee’s employment.

38   Application of Crimes Act

                   The Director-General and staff members of ASIS are Commonwealth officers for the purposes of the Crimes Act 1914 .