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