Mark Arbib (NSW, Australian Labor Party, Minister for Social Housing and Homelessness) Share this | Link to this | Hansard source

I table a supplementary explanatory memorandum relating to the government amendments to be moved to this bill and a correction to the explanatory memorandum. The memorandum was circulated in the chamber earlier today. I seek leave to move government amendments (1) to (9) on sheet BT277 together.

Leave granted.

I move:

(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.

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

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

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

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

        (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.

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

(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.

(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.

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

                 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.

Question agreed to.

Bill, as amended, agreed to.

Bill reported with amendments; report adopted.