australian-civilian-corps-act-2011.pdf, p.1
Compilation of Australian Civilian Corps Act 2011
1 July 2014
australian-civilian-corps-act-2011.pdf, p.2
Compilation notes and application, saving, and transitional provisions
1 July 2014. It includes any commenced amendment affecting the legislation to
australian-civilian-corps-act-2011.pdf, p.5
1 Short title
1 Section 1
australian-civilian-corps-act-2011.pdf, p.25
Amendment of Australian Civilian Corps Act 2011
1 July 2014 (s 2(1) items
Note on table limitations and amendments
10 May 2011
australian-civilian-corps-act-2011.pdf, p.8
10 Constitution of the Australian Civilian Corps
The Secretary is responsible for the management of the Australian Civilian Corps.
11 Management of the Australian Civilian Corps
The Secretary has an obligation to manage the Australian Civilian Corps.
12 April 2011
Prescribes Australian Civilian Corps Values.
12 Australian Civilian Corps Values
Regulation establishes Australian Civilian Corps Values
12 Apr
Requires relation between identifiable temporal intervals
Temporal interval mentioned (May 10, 2011)
13 Secretary’s directions about the Australian Civilian Corps Values
Consequential and transitional provisions
13 Dec
The Secretary may issue directions about Australian Civilian Corps Values.
13(1) Secretary’s directions about the Australian Civilian Corps Values
Restrictions on Australian Civilian Corps Values
13(2) Secretary’s directions about the Australian Civilian Corps Values
(2) For the purposes of this Act other than this section
Secretary must uphold and promote Australian Civilian Corps Values.
14 Secretary must uphold and promote the Australian Civilian
Obligation to uphold and promote Australian Civilian Corps Values.
15 Australian Civilian Corps Code of Conduct
Prescribes Australian Civilian Corps Code of Conduct.
15(1) Australian Civilian Corps Code of Conduct
Must behave in a way that upholds Australian Civilian Corps Values
15(2) Australian Civilian Corps Code of Conduct
The employee must behave in a way that upholds the Australian Civilian Corps Values during their employment.
(2) The Australian Civilian Corps Code of Conduct...
If the employee is employed, then they must behave in a way that upholds the Australian Civilian Corps Values.
The employee must behave in a way that upholds the Australian Civilian Corps Values.
An Australian Civilian Corps employee must at all times behave in a way that upholds the Australian Civilian Corps Values.
The rule must include a provision that the employee upholds the Australian Civilian Corps Values.
Must follow Australian Civilian Corps Code of Conduct
15(3) Australian Civilian Corps Code of Conduct
australian-civilian-corps-act-2011.pdf, p.9
16 Secretary’s directions about the Australian Civilian Corps Code
Secretary may issue directions in relation to Australian Civilian Corps Code of Conduct.
16(1) Secretary’s directions about the Australian Civilian Corps Code
Restrictions on Australian Civilian Corps Code of Conduct
16(2) Secretary’s directions about the Australian Civilian Corps Code
Restricts the Australian Civilian Corps Code of Conduct
17 Breaches of the Australian Civilian Corps Code of Conduct
Termination of employment, re-assignment of duties, deductions from salary, and a reprimand for breaches of the Australian Civilian Corps Code of Conduct.
17(1) Breaches of the Australian Civilian Corps Code of Conduct
(1) The Secretary may impose the following sanctions...
(c) deductions from salary, by way of fine;
Limitations on Secretary's power to impose sanctions
17(2) Breaches of the Australian Civilian Corps Code of Conduct
(2) The regulations may prescribe limitations on the power of the Secretary to impose sanctions under subsection (1).
Allows for regulations that limit the Secretary's power
Establish procedures for determining breaches of the Australian Civilian Corps Code of Conduct.
17(3) Breaches of the Australian Civilian Corps Code of Conduct
australian-civilian-corps-act-2011.pdf, p.10
17A Review of decisions relating to breaches of Australian Civilian
Entitlement to review decisions relating to breaches of Australian Civilian Corps Code of Conduct
17A(1) Review of decisions relating to breaches of Australian Civilian
Reviewer must make recommendations in a report on ComLaw Authoritative Act C2014C00531
17A(10) Review of decisions relating to breaches of Australian Civilian
Reviewer's recommendations are contained in the report
17A(2) Review of decisions relating to breaches of Australian Civilian
Prohibits review of termination decision
Entitlement to review may be subject to exceptions
17A(3) Review of decisions relating to breaches of Australian Civilian
The Secretary must arrange for a review under this section.
17A(4) Review of decisions relating to breaches of Australian Civilian
Secretary must have appropriate knowledge, skills and experience to conduct a review
17A(5) Review of decisions relating to breaches of Australian Civilian
Secretary must have appropriate knowledge, skills and experience
Review under this section cannot be conducted by certain individuals.
17A(6) Review of decisions relating to breaches of Australian Civilian
...the person is: (a) the Secretary; or (b) an APS employee in the Department; or (c) an Australian Civilian Corps employee.
Temporal interval for review conduct prohibition
(6) A review under this section must not be conducted by a person if...
Definition of who can conduct review using AI
Definition of who can conduct review using SHACL
Secretary must have appropriate knowledge, skills and experience before conducting a review.
17A(7) Review of decisions relating to breaches of Australian Civilian
Secretary must have appropriate knowledge, skills and experience.
Review under this section cannot be conducted by a committee member with certain roles.
17A(8) Review of decisions relating to breaches of Australian Civilian
Review cannot be conducted by a committee member with certain roles during their term of office.
(8) A review under this section must not be conducted by a committee
if a member of the committee is: (a) the Secretary; or (b) an APS employee in the Department; or (c) an Australian Civilian Corps employee.
Prohibition of conducting review by a committee member with certain roles.
Regulations may provide for powers available to a person or committee conducting a review.
17A(9) Review of decisions relating to breaches of Australian Civilian
australian-civilian-corps-act-2011.pdf, p.13
18 Employer powers etc. of Secretary
The Secretary has all the rights, duties and powers of an employer.
18(1) Employer powers etc. of Secretary
The Secretary's powers are those of an employer during employment.
(1) The Secretary, on behalf of the Commonwealth...
The Secretary's actions imply a duty to act as an employer.
The Secretary has the right to act as an employer.
Rights, duties and powers prescribed by regulations for Australian Civilian Corps employees.
18(2) Employer powers etc. of Secretary
rights, duties and powers that are prescribed by the regulations during the period of employment
Rights and powers apply during employment
(2) Without limiting subsection (1), the Secretary has...
rights, duties and powers prescribed by regulations
19 Engagement of Australian Civilian Corps employees
The Secretary may engage persons as employees for specific purposes.
19(1) Engagement of Australian Civilian Corps employees
Permission to engage persons as employees.
Australian Civilian Corps employees must be engaged for a specified term.
19(2) Engagement of Australian Civilian Corps employees
Extension of specified term subject to regulations
19(3) Engagement of Australian Civilian Corps employees
Conditions for engagement of Australian Civilian Corps employees
19(4) Engagement of Australian Civilian Corps employees
The engagement of an Australian Civilian Corps employee may be made subject to conditions
2 Commencement
Conditional commencement of sections 3-28 after Royal Assent.
2 Section 2
Identifies temporal interval for commencement.
Commencement is conditional on Royal Assent.
australian-civilian-corps-act-2011.pdf, p.14
20 Remuneration and other conditions
The Secretary may determine remuneration and terms and conditions of employment.
20(1) Remuneration and other conditions
No effect on individual term or condition applicable to the employee under an enterprise agreement.
20(2) Remuneration and other conditions
The determination overlaps with a term or condition applicable to the employee under an enterprise agreement.
(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.
The determination recognizes a term or condition applicable to the employee under an enterprise agreement.
(2) A determination under subsection (1) is of no effect.
If a determination reduces the benefit to an employee under an enterprise agreement, then it has no effect.
The determination diffuses a term or condition applicable to the employee under an enterprise agreement.
The determination repeats a term or condition applicable to the employee under an enterprise agreement.
May apply, adopt or incorporate provisions of WR Act collective transitional instruments with modification.
20(3) Remuneration and other conditions
Applies to Australian Civilian Corps employees.
australian-civilian-corps-act-2011.pdf, p.15
The Secretary may determine duties and places for Australian Civilian Corps employees.
21 Assignment of duties
The event of determining duties occurs at some point in time
Describes the temporal relationship between events
The decision to assign tasks is based on the Secretary's discretion
Describes the reasoning behind the obligation
Artificial intelligence may assist the Secretary in assigning tasks
Describes the role of artificial intelligence in decision-making
There is an obligation on the Secretary to assign tasks
Information about assigned tasks is disseminated to affected parties
The regulations may make provision in relation to suspension from duties.
22 Suspension
23 Termination of employment
The Secretary may terminate employment by written notice.
23(1) Termination of employment
Notice must set out ground for termination
23(2) Termination of employment
24 Secondment of Australian Civilian Corps employees
Permits Australian Civilian Corps employees to be seconded for a specified period.
24(1) Secondment of Australian Civilian Corps employees
(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).
Agreement for secondment of Australian Civilian Corps employees
24(2) Secondment of Australian Civilian Corps employees
Agreement for secondment of Australian Civilian Corps employee
24(3) Secondment of Australian Civilian Corps employees
australian-civilian-corps-act-2011.pdf, p.16
The Secretary is not subject to direction by any Minister.
25 Limitation on Ministerial directions to Secretary
australian-civilian-corps-act-2011.pdf, p.17
26 Power to grant leave for the purposes of service in the Australian
Employer may grant unpaid leave to employee for service in Australian Civilian Corps.
26(1) Power to grant leave for the purposes of service in the Australian
Leave granted during employee's service in Australian Civilian Corps.
Employee serves in Australian Civilian Corps.
Grant of leave for service purposes is an additional power of the employer.
26(2) Power to grant leave for the purposes of service in the Australian
Granting leave for service purposes is a permissive action.
(2) Subsection (1) is in addition to, and not instead of, any other power of an employer to grant unpaid leave.
The provision imposes no obligation on the employer to grant leave.
The provision permits the employer to grant or withhold leave.
The provision does not prohibit the employer from granting leave.
The provision traces the grant of leave as a separate action.
Prime Minister may issue directions about leave etc.
27 Prime Minister may issue directions about leave etc. to
Temporal relation between powers and employees
has powers of an employer in respect of an employee of the Commonwealth
(a) a person who, on behalf of the Commonwealth, has the powers of an employer in respect of an employee of the Commonwealth;
Recurring relation between company and employees
(b) a body corporate that: (i) is established by or under a law of the Commonwealth for a public purpose; and (ii) has employees;
australian-civilian-corps-act-2011.pdf, p.19
28 Payments in special circumstances
Payment authorization based on special circumstances related to employment with Australian Civilian Corps.
28(1) Payments in special circumstances
Special circumstances arise from another employment
Temporal interval for special circumstances
Another person's employment as an Australian Civilian Corps employee
Authorization based on special circumstances
Minister considers it appropriate to do so
Authorization for payments in special circumstances
28(2) Payments in special circumstances
Payments may be authorised under this section even though payments would not otherwise be authorised by law or required to meet a legal liability.
28(3) Payments in special circumstances
No authorisation can be made under this section if it would involve a total amount of more than $100,000.
28(4) Payments in special circumstances
Prohibition on exceeding a certain amount.
28(5) Payments in special circumstances
Disclosure of personal information is required.
29 Disclosure or use of personal information
australian-civilian-corps-act-2011.pdf, p.20
No patronage or favouritism allowed when hiring Australian Civilian Corps employees.
29A Prohibition of patronage and favouritism
Prohibition of patronage and favouritism
australian-civilian-corps-act-2011.pdf, p.6
Establishing the Australian Civilian Corps and providing a legal framework for its employees.
3 Objects
30 Delegations
30 June
The Minister may delegate powers or functions to others.
30(1) Delegations
Delegate powers or functions under certain Acts and regulations.
30(2) Delegations
...any time during his or her term as Secretary.
(2) The Secretary may, in writing, delegate to:
...any or all of his or her powers or functions under...
Granting permission to delegate powers or functions.
(2) The Secretary may, in writing, delegate...
30(3) Delegations
must comply with any directions of the person who delegated the power or function.
(3) A person exercising powers or functions under a delegation...
Section does not apply to a power to make, vary or revoke a legislative instrument.
30(4) Delegations
australian-civilian-corps-act-2011.pdf, p.21
The Governor-General may make regulations.
31 Regulations
Governor-General has the power to make regulations.
Establishes the Australian Civilian Corps and outlines its structure.
4 Simplified outline
5 Definitions
australian-civilian-corps-act-2011.pdf, p.7
6 Crown to be bound
6(1) Crown to be bound
(1) This Act binds the Crown in each of its capacities.
The Crown is not liable to a pecuniary penalty or prosecution for an offence.
6(2) Crown to be bound
The Act does not make the Crown liable to a pecuniary penalty.
The Act extends to every external Territory.
7 Extension to external Territories
Act extends to acts, omissions, matters and things overseas.
8 Extension to things overseas
9 Relationship with Fair Work Acts
9(1) Relationship with Fair Work Acts
Does not imply relationship with other Acts
9(2) Relationship with Fair Work Acts
An Act to provide for the establishment and management of the Australian Civilian Corps, and for other purposes
Australian Civilian Corps Act 2011