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2013
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
AUSTRALIAN CIVILIAN CORPS AMENDMENT BILL 2013
EXPLANATORY MEMORANDUM
(Circulated by authority of the
Minister for Foreign Affairs, the Hon Julie Bishop MP)
AUSTRALIAN CIVILIAN CORPS AMENDMENT BILL 2013
OUTLINE
On 18 September 2013, the Prime Minister announced he would recommend to the Governor-
General that the Australian Agency for International Development (AusAID) be integrated into the
Department of Foreign Affairs and Trade (DFAT), enabling the aid and diplomatic arms of
Australia's international policy agenda to be more closely aligned.
The Australian Civilian Corps Amendment Bill 2013 (the Bill) amends the Australian Civilian Corps
Act 2011 (the Act) to take account of this machinery of government change that abolished AusAID
and, consequently, the position of the Director-General of AusAID, with effect on and from 1
November 2013.
The Bill:
transfers the powers and functions of the Director-General of AusAID under the Act to the
Secretary of DFAT; and
substitutes other references to AusAID and the Director-General of AusAID with DFAT and
the Secretary of DFAT, respectively.
The Bill also makes consequential amendments to the Australian Civilian Corps Regulations 2011,
the Director-General's Australian Civilian Corps Directions 2011 and the Prime Minister's
Australian Civilian Corps Directions 2012.
Financial impact statement
There is no financial impact from this Bill.
Human rights implications
The Bill does not raise any human rights issues. See Statement of Compatibility with Human Rights.
1
AUSTRALIAN CIVILIAN CORPS AMENDMENT BILL 2013
NOTES ON CLAUSES
In these notes on clauses the following abbreviations are used:
ACC means Australian Civilian Corps
AusAID means Australian Agency for International Development
DFAT or Department means Department of Foreign Affairs and Trade
Clause 1: Short title
1. Clause 1 is a formal provision specifying the short title of the Bill.
Clause 2: Commencement
2. The Bill will commence on the day it receives the Royal Assent.
Clause 3: Schedule(s)
3. This clause makes it clear that:
the Bill amends the Australian Civilian Corps Act 2011, the Australian Civilian Corps
Regulations 2011, the Prime Minister's Australian Civilian Corps Directions 2012 and the
Director-General's Australian Civilian Corps Directions 2011;
the amendment of any regulation under the Bill does not prevent the regulation, as so amended,
from being amended or repealed by the Governor-General; and
the amendment of any direction under the Bill does not prevent the direction, as so amended,
from being amended or repealed by the Prime Minister or the Secretary of the Department (as the
case requires).
2
Schedule 1 - Amendments
Part 1 - Amendment of the Australian Civilian Corps Act 2011
Item 1 - Section 4 (third paragraph)
4. This item substitutes "Director-General of AusAID" with "Secretary of the Department" to
reflect the transfer of responsibility for managing the ACC to the Secretary following the
abolition of AusAID and the position of Director-General of AusAID.
Item 2 - Section 5 (definition of AusAID)
5. This item repeals the definition of AusAID to reflect the abolition of AusAID as an Executive
Agency.
Item 3 - Section 5 (definition of Director-General)
6. This item repeals the definition of Director-General to reflect the abolition of the position of
Director-General as a consequence of the abolition of AusAID.
Item 4 - Section 5
7. This item inserts a definition of Secretary. This reflects the need to transfer the powers and
functions under the ACC Act to the Secretary of the Department following the abolition of
AusAID and the position of Director-General of AusAID.
Item 5 - Section 11
8. This item substitutes "Director-General, under the Minister," with "Secretary" to reflect the
transfer of responsibility for managing the ACC to the Secretary following the abolition of
AusAID and the position of Director-General of AusAID. The words "under the Minister" are
omitted because the phrase is superfluous given the Secretary reports directly to the Minister.
Item 6 - Section 13 (heading)
9. This item repeals the heading "Director-General's directions about the Australian Civilian Corps
Values" and substitutes it with "Secretary's directions about the Australian Civilian Corps
Values" to reflect the transfer of power to issue directions about the ACC Values to the
Secretary.
Item 7 - Subsection 13(1)
10. This item substitutes "Director-General" with "Secretary" to reflect the transfer of power to issue
directions about the ACC Values to the Secretary.
Item 8 - Section 14 (heading)
11. This item repeals the heading "Director-General must uphold and promote the Australian
Civilian Corps Values" and substitutes it with "Secretary must uphold and promote the
Australian Civilian Corps Values" to reflect the transfer of duties to the Secretary.
3
Item 9 - Section 14
12. This item substitutes "Director-General" with "Secretary" to reflect the transfer of duties to the
Secretary.
Item 10 - Section 16 (heading)
13. This item repeals the heading "Director-General's directions about the Australian Civilian Corps
Code of Conduct" and substitutes it with "Secretary's directions about the Australian Civilian
Corps Code of Conduct" to reflect the transfer of power to issue directions about the ACC Code
of Conduct to the Secretary.
Item 11 - Subsection 16(1)
14. This item substitutes "Director-General" with "Secretary" to reflect the transfer of power to issue
directions in relation to the ACC Code of Conduct to the Secretary.
Item 12 - Subsections 17(1), (2), (3) and (8)
15. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
powers and duties of the Director-General relating to breaches of the ACC Code of Conduct to
the Secretary.
Item 13 - Subsections 17A(4), (5) and (6)
16. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the rights and duties of the Director-General relating to the review of decisions concerning
breaches of the ACC Code of Conduct to the Secretary.
Item 14 - Paragraph 17A(6)(b)
17. This item substitutes "AusAID" with "Department" to reflect that, following the abolition of
AusAID, a review of a decision relating to a breach of the ACC Code of Conduct must not be
conducted by a person if the person is an APS employee in the Department.
Item 15 - Subsections 17A(7) and (8)
18. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the rights and duties of the Director-General relating to the review of decisions concerning
breaches of the ACC Code of Conduct to the Secretary.
Item 16 - Paragraph 17A(8)(b)
19. This item substitutes "AusAID" with "the Department" to reflect that, following the abolition of
AusAID, a review of a decision relating to a breach of the ACC Code of Conduct must not be
conducted by a committee if a member of the committee is an APS employee in the Department.
4
Item 17 - Section 18 (heading)
20. This item repeals the heading "Employer powers etc. of Director-General" and substitutes it with
"Employer powers etc. of Secretary" to reflect the transfer of the rights, duties and powers of an
employer in respect of an ACC employee to the Secretary.
Item 18 - Subsections 18(1) and (2)
21. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the rights, duties and powers of an employer in respect of an ACC employee to the Secretary.
Item 19 - Subsection 19(1)
22. This item substitutes "Director-General" with "Secretary" to reflect the transfer of power to
engage ACC employees on behalf of the Commonwealth to the Secretary.
Item 20 - Subsection 20(1)
23. This item substitutes "Director-General" with "Secretary" to reflect the transfer of power to
determine the remuneration and other terms and conditions of employment applying to ACC
employees to the Secretary.
Item 21 -Section 21
24. This item substitutes "Director-General" with "Secretary" to reflect the transfer of power to
determine the duties of an ACC employee, and the place or places at which the duties are to be
performed, to the Secretary.
Item 22 - Subsection 23(1)
25. This item substitutes "Director-General" with "Secretary" to reflect the transfer of power to
terminate the employment of an ACC employee to the Secretary.
Item 23 - Subsections 24(1), (2), (3) and (4)
26. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
powers and rights in relation to the secondment of an ACC employee to the Secretary.
Item 24 - Section 25 (heading)
27. This items repeals the heading "Limitation on Ministerial directions to Director-General" and
substitutes it with "Limitation on Ministerial directions to Secretary" to reflect the transfer of
rights of the Director-General to the Secretary.
Item 25 - Section 25
28. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
rights of the Director-General to the Secretary.
5
Item 26 - Paragraph 30(1)(b)
29. This item substitutes "AusAID" with "the Department" to reflect that the Minister may delegate
any or all of his or her powers or functions under the Act or the regulations to an SES employee,
or acting SES employee, in the Department.
Item 27 - Subsection 30(2)
30. This item substitutes "Director-General" with "Secretary" to reflect the transfer of powers of
delegation to the Secretary.
Item 28 - Paragraph 30(2)(a)
31. This item substitutes "AusAID" with "the Department" so that, following the abolition of
AusAID, the Secretary may delegate his or her powers or functions to an APS employee in the
Department.
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Part 2 - Amendment of the Australian Civilian Corps Regulations 2011
Item 29 - Regulation 3 (definition of ACC Register)
32. This item substitutes references to "AusAID" with "the Department" in the definition of ACC
Register to clarify that the ACC Register will be maintained by the Department, and the
Department will identify people as potentially suitable for engagement as ACC employees.
Item 30 - Regulation 3 (note)
33. This item repeals the note to regulation 3 because the position of Director-General of AusAID
was abolished following the abolition of AusAID.
Item 31 - Paragraph 6(1)(b)
34. This item substitutes "Director-General" with "Secretary" to reflect the transfer of the powers
and functions of the Director-General of AusAID to the Secretary.
Item 32 - Subregulation 7(1)
35. This item substitutes "Director-General" with "Secretary" to reflect the transfer of the powers
and functions of the Director-General of AusAID to the Secretary.
Item 33 - Regulation 8 (heading)
36. This item repeals the heading "Director-General's responsibility" and substitutes it with
"Secretary's responsibility" to reflect the transfer of the powers and functions of the Director-
General of AusAID to the Secretary.
Item 34 - Regulation 8
37. This item substitutes "Director-General" with "Secretary" to reflect the transfer of the powers
and functions of the Director-General of AusAID to the Secretary.
Item 35 - Paragraph 8(c)
38. This item substitutes "Director-General's" with "Secretary's" to reflect the transfer of the powers
and functions of the Director-General of AusAID to the Secretary.
Item 36 - Subparagraph 9(5)(b)(iii)
39. This item substitutes "Director-General" with "Secretary" to reflect the transfer of the powers
and functions of the Director-General of AusAID to the Secretary.
Item 37 - Subparagraph 10(2)
40. This item substitutes "Director-General" with "Secretary" to reflect the transfer of the powers
and functions of the Director-General of AusAID to the Secretary.
Item 38 - Subregulations 11(1) and (3)
41. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the powers and functions of the Director-General of AusAID to the Secretary.
7
Item 39 - Subregulations 12(2), (3) and (4)
42. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the powers and functions of the Director-General of AusAID to the Secretary.
Item 40 - Paragraphs 13(b), (c) and (d)
43. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the powers and functions of the Director-General of AusAID to the Secretary.
Item 41 - Regulation 14 (heading)
44. This item repeals the heading "Action by Director-General following review" and substitutes it
with "Action by Secretary following review" to reflect the transfer of the powers and functions of
the Director-General of AusAID to the Secretary.
Item 42 - Regulation 14
45. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the powers and functions of the Director-General of AusAID to the Secretary.
Item 43 - Subregulation 15(1)
46. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the powers and functions of the Director-General of AusAID to the Secretary.
Item 44 - Subregulations 16(1) and (3)
47. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the powers and functions of the Director-General of AusAID to the Secretary.
Item 45 - Regulation 18
48. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the powers and functions of the Director-General of AusAID to the Secretary.
Item 46 - Subregulation 19(1)
49. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the powers and functions of the Director-General of AusAID to the Secretary.
Item 47 - Subparagraph 19(1)(b)(iii)
50. This item substitutes "AusAID" with "the Department" to reflect the abolition of AusAID and
the transfer of AusAID's functions to the Department.
Item 48 - Subregulations 19(4) and (5)
51. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the powers and functions of the Director-General of AusAID to the Secretary.
8
52. Item 49 - Subparagraph 19(5)(b)(iii)
53. This item substitutes "AusAID" with "the Department" to reflect the abolition of AusAID and
the transfer of AusAID's functions to the Department.
Item 50 - Subregulations 19(6) and (7)
54. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the powers and functions of the Director-General of AusAID to the Secretary.
Item 51 - Subregulation 20(1)
55. This item substitutes "Director-General" (first and second occurring) with "Secretary" to reflect
the transfer of the powers and functions of the Director-General of AusAID to the Secretary.
Item 52 - Paragraph 20(1)(a)
56. This item reflects the transfer of the powers and functions of the Director-General of AusAID to
the Secretary.
Item 53 - Subregulation 20(2)
57. This item substitutes "Director-General" with "Secretary" to reflect the transfer of the powers
and functions of the Director-General of AusAID to the Secretary.
Item 54 - Subregulation 20(2)
58. This item substitutes "Director-General's" with "Secretary's" to reflect the transfer of the powers
and functions of the Director-General of AusAID to the Secretary.
Item 55 - Subregulation 20(5) (definition of employer powers of the Director-General)
59. This item repeals the definition of employer powers of the Director-General to reflect the
abolition of AusAID and the position of Director-General.
Item 56 - Subregulation 20(5)
60. This item inserts a new definition of employer powers of the Secretary in similar terms to the
definition repealed under Item 55, to reflect the transfer of employer powers to the Secretary
following the abolition of AusAID and the position of Director-General.
Item 57 - Clauses 6, 7, 8, 9 and 10 of Schedule 1
61. This item substitutes references to "Director-General of AusAID" with "Secretary" to reflect the
transfer of the powers and functions of the Director-General of AusAID to the Secretary.
Item 58 - Paragraph 8(a) of Schedule 2
62. This item substitutes the reference to "senior AusAID Officer" with "senior officer of the
Department" to reflect that, following the abolition of AusAID and consequently the transfer of
the officers of AusAID to the Department, an ACC employee must comply with any lawful and
9
reasonable directions given by a senior officer of the Department who has authority to give the
direction.
Item 59 - Clause 13 of Schedule 2
63. This item substitutes "Director-General of AusAID" with "Secretary" to reflect that, following
the abolition of AusAID and consequently the position of Director-General, an ACC employee
must not accept gifts, benefits, hospitality or advantages that are offered in connection with his or
her duties, status, power or authority, except in accordance with directions issued by the
Secretary under the Act from time to time.
Item 60 - Paragraph 16(b) of Schedule 2
64. This item substitutes "AusAID Director-General" with "Secretary" to reflect that, following the
abolition of AusAID and consequently the position of Director-General, an ACC employee may
disclose confidential information which the employee obtains or generates in connection with
ACC employment if the information is disclosed in accordance with an authorisation given by
the Secretary or a relevant delegate.
10
Part 3 - Amendment of the Prime Minister's Australian Civilian Corps Directions 2012
Item 61 - Before clause 1
65. This item clarifies that the title of the directions is the Prime Minister's Australian Civilian Corps
Directions 2012.
Item 62 - Subclause 2(1) (definition of ACC Register)
66. This item substitutes references to "AusAID" with "the Department" in the definition of ACC
Register to clarify that the ACC Register will be maintained by the Department, and the
Department will identify people as potentially suitable for engagement as ACC employees.
Item 63 - Subclause 4(4)
67. This item substitutes "AusAID" with "the Department" in the definition of compulsory ACC
training to clarify that following the abolition of AusAID the compulsory ACC training will be
the training identified by the Department.
Item 64 - Subsection 5(2)
68. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the powers and functions of the Director-General of AusAID to the Secretary.
11
Part 4 - Amendment of the Director-General's Australian Civilian Corps Directions 2011
Item 65 - Before clause 1.1
69. This item inserts a new clause to clarify that the name of the directions is the Secretary's
Australian Civilian Corps Directions 2011.
Item 66 - Subclause 1.3(1) (definition of Ethics Director)
70. This item repeals the definition of Ethics Director and substitutes it with a new definition of
Ethics Director which describes the equivalent position of Ethics Director in the Department.
Item 67 - Subclause 1.3(1) (definition of HR ADG)
71. This item repeals the definition of HR ADG which ceased to exist upon the abolition of AusAID.
Item 68 - Subclause 1.3(1)
72. This item inserts a new definition of HR AS which describes the equivalent position in the
Department of the former AusAID position of HR ADG.
Item 69 - Subclause 1.3 (paragraph (b) of the definition of senior representative of the
Australian Government)
73. This item substitutes "AusAID" with "the Department" to reflect the abolition of AusAID and
the transfer of AusAID's functions to the Department.
Item 70 - Paragraph 1.3(2)(b)
74. This item substitutes "AusAID" with "the Department" to reflect the abolition of AusAID and
the transfer of AusAID's functions to the Department.
Item 71 - Clause 2.1
75. This item substitutes "Director-General" with "Secretary" to reflect the transfer of the powers
and functions of the Director-General of AusAID to the Secretary.
Item 72 - Subclause 2.2(1)
76. This item substitutes "Director-General" with "Secretary" to reflect the transfer of the powers
and functions of the Director-General of AusAID to the Secretary.
Item 73 - Subclause 2.2(2)
77. This item substitutes "AusAID" with "Department's" to reflect the abolition of AusAID and the
transfer of AusAID's functions to the Department.
Item 74 - Subclause 2.2(3)
78. This item substitutes "Director-General" with "Secretary" to reflect the transfer of the powers
and functions of the Director-General of AusAID to the Secretary.
12
Item 75 - Subclauses 2.3(1) and (2)
79. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the powers and functions of the Director-General of AusAID to the Secretary.
Item 76 - Clause 2.4 (heading)
80. This item repeals the heading "The Director-General provides, to the extent possible, a workplace
that is free from discrimination and recognises and utilises the diversity of the Australian
community" and substitutes it with "The Secretary provides, to the extent possible, a workplace
that is free from discrimination and recognises and utilises the diversity of the Australian
community" to reflect the transfer of the duty to provide such a workplace to the Secretary.
Item 77 - Subclauses 2.4(1) and (2)
81. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the powers, rights and duties with respect to providing, to the extent possible, a workplace that is
free from discrimination and recognises and utilises the diversity of the Australian community, to
the Secretary.
Item 78 - Clause 2.5 (heading)
82. This item repeals the heading "The Director-General provides, to the extent possible, a fair,
flexible, safe and rewarding workplace for Australian Civilian Corps employees" with the
heading "The Secretary provides, to the extent possible, a fair, flexible, safe and rewarding
workplace for Australian Civilian Corps employees" to reflect the transfer of the duty to provide
such a workplace to the Secretary.
Item 79 - Clause 2.5
83. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the powers, rights and duties with respect to providing, to the extent possible, a fair, flexible, safe
and rewarding workplace for ACC employees, to the Secretary.
Item 80 - Subclauses 2.7(1) and 2.8(1)
84. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer of
the responsibilities in these subclauses to the Secretary.
Item 81 - Subclause 3.1(2)
85. This item substitutes "AusAID" with "Department" to reflect the abolition of AusAID and the
transfer of AusAID's functions to the Department.
Item 82 - Subclause 3.1(3)
86. This item substitutes "AusAID" with "Department" in the definition of relevant AusAID officer
to reflect the abolition of AusAID and the transfer of AusAID's functions to the Department.
13
Item 83 - Paragraph 3.1(3)(b)
87. This item substitutes "ADG" with "AS" following the repeal of the definition of ADG at item 67
and the insertion of a new definition of AS at item 68.
Item 84 - Subclause 3.2(2)
88. This item substitutes "ADG" with "AS" following the repeal of the definition of ADG at item 67
and the insertion of a new definition of AS at item 68.
Item 85 - Subclause 3.5(3)
89. This item substitutes "AusAID" with "the Department" to reflect that an ACC employee must
take into account any guidance issued by the Department or the senior representative of the
Australian Government concerning the application of any law to the employee following the
abolition of AusAID.
Item 86 - Subclause 3.6(1) (paragraph (a) of the note)
90. This item substitutes "senior AusAID Officer" with "senior officer of the Department" following
the amendment to paragraph 8 of the ACC Code of Conduct at item 58.
Item 87 - Subclause 3.6(2)
91. This item reflects the transfer of the power to give a direction to an ACC employee for the
purposes of subparagraph 8(a) of the ACC Code of Conduct to a senior officer of the Department
following the abolition of AusAID, and flows from the amendment to paragraph 8 of the ACC
Code of Conduct at item 58.
92. Paragraphs (a) and (b) clarify that an APS employee at Executive Level 2 or above means an
officer at an SES position or an equivalent position in the Department, or an Executive Level 2
position or an equivalent position in the Department. This is not a substantive change.
Item 88 - Subclause 3.6(3)
93. This item substitutes "AusAID" with "the Department" to reflect the abolition of AusAID and
the transfer of AusAID's functions to the Department.
Item 89 - Subclause 3.6(4)
94. This item substitutes "AusAID" with "Department" to reflect that, in the event of disagreement
over the lawfulness or reasonableness of a direction, the ACC employee who is subject to the
direction may refer the matter to the relevant Department officer following the abolition of
AusAID.
Item 90 - Subclause 3.6(5)
95. This item substitutes "AusAID" with "Department" in the definition of relevant AusAID officer
to reflect that for the purposes of subclause (4) the relevant officer is the relevant Department
officer following the abolition of AusAID.
14
Item 91 - Paragraph 3.6(5)(b)
96. This item substitutes "ADG" with "AS" following the repeal of the definition of ADG at item 67
and the insertion of a new definition of AS at item 68.
Item 92 - Subclause 3.10(1) (note)
97. This item substitutes "Director-General of AusAID" with "Secretary" following the amendment
to paragraph 13 of the ACC Code of Conduct at item 59.
Item 93 - Subclause 3.10(2) (note)
98. This item substitutes "Director-General" with "Secretary" following the amendment to paragraph
13 of the ACC Code of Conduct at item 59.
Item 94 - Subclause 3.11(1) (paragraph (b) of the note)
99. This item substitutes "Director-General of AusAID" with "Secretary" following the amendment
to paragraph 16 of the ACC Code of Conduct at item 60.
Item 95 - Subclause 3.11(3)
100. This item substitutes "Director-General" with "Secretary" to reflect the transfer of the powers
and functions of the Director-General of AusAID to the Secretary.
Item 96 - Paragraph 3.13(4)(b)
101. This item substitutes "AusAID" with "the Department" to reflect that for the purposes of
paragraph 18 of the ACC Code of Conduct, following the abolition of AusAID, where there is no
Australian Head of Mission in the host country, the senior representative of the Australian
Government to the host country in respect of an ACC employee is the person identified by the
Department as the senior representative of the Australian Government for the purposes of the
ACC employee's deployment.
Item 97 - Clause 3 of the Schedule
102. This item substitutes "Director-General" with "Secretary" flowing from the transfer of the
power to issue the directions to the Secretary under section 16 of the Act at items 10 and 11.
Item 98 - Clause 4 of the Schedule
103. This item substitutes "directly mirror the guidelines that apply to employees in AusAID, and
are" with "be" to reflect the abolition of AusAID.
Item 99 - Clause 5 of the Schedule
104. This item substitutes references to "Director-General" with "Secretary" to reflect the transfer
of the power to make a determination in relation to any gift received in connection with an
employee's duties to the Secretary, or an officer authorised by the Secretary for this purpose.
15
Item 100 - Clause 6 of the Schedule
105. This item substitutes references to "AusAID" (first, second and third occurring) with "the
Department" to reflect the abolition of AusAID and the transfer of AusAID's functions to the
Department.
Item 101 - Clause 6 of the Schedule
106. This item substitutes "ADG" (first occurring) with "AS" following the repeal of the definition
of ADG at item 67 and the insertion of a new definition of AS at item 68.
Item 102 - Subclause 6.1 of the Schedule
107. This item substitutes "ADG" with "AS" following the repeal of the definition of ADG at item
67 and the insertion of a new definition of AS at item 68.
Item 103 - Subclause 6.3 of the Schedule
108. This item substitutes "AusAID" with "the Department" to reflect the abolition of AusAID
and the transfer of AusAID's functions to the Department.
Item 104 - Subclause 6.3 of the Schedule
109. This item substitutes "presented to the Collector of Public Monies (CPM) in Finance Branch"
with "given to an officer of the Department who has responsibility for the collection of public
money" to reflect the transfer of this function to the Department following the abolition of
AusAID, and to ensure this part of the subclause continues to operate if the area within the
Department responsible for this function changes its name or the function is transferred to
another area of the Department.
Item 105 - Subclause 6.4 of the Schedule
110. This item substitutes "ADG" (first and second occurring) with "AS" following the repeal of
the definition of ADG at item 67 and the insertion of a new definition of AS at item 68.
Item 106 - Subclause 6.4 of the Schedule
111. This item substitutes "AusAID" (first occurring) with "the Department" to reflect the
abolition of AusAID and the transfer of AusAID's functions to the Department.
Item 107 - Subclause 6.4 of the Schedule
112. This item substitutes "Arranged to be displayed in AusAID House, or disposed of in an
appropriate manner by the Manager, Property and Facilities Management (PFM), having had the
matter referred by the HR ADG" with "Direct an officer in the Department to dispose of the gift
as directed" to reflect the abolition of AusAID and the transfer of AusAID's functions to the
Department, and to ensure this part of the subclause continues to operate even where the function
is performed by a different area of the Department.
16
Item 108 - Subclause 6.5 of the Schedule
113. This item deletes "Pay and Conditions Team will maintain the Register." to reflect the
abolition of AusAID and the transfer of AusAID's functions to the Department. It also provides
the Department with flexibility should any future organisational changes result in changes to
team names or re-allocation of functions.
Item 109 - Clause 7 of the Schedule
114. This item substitutes "ADG" (first occurring) with "AS" following the repeal of the definition
of ADG at item 67 and the insertion of a new definition of AS at item 68.
Item 110 - Clause 7 of the Schedule
115. This item substitutes "AusAID" (first occurring) with "the Department" to reflect the
abolition of AusAID and the transfer of AusAID's functions to the Department.
Item 111 - Clause 7 of the Schedule
116. This item substitutes "ADG" (second occurring) with "AS" following the repeal of the
definition of ADG at item 67 and the insertion of a new definition of AS at item 68.
Item 112 - Clause 7 of the Schedule
117. This item amends the third bullet point in Clause 7 of the Schedule to reflect the abolition of
AusAID and the transfer of AusAID's functions to the Department.
Item 113 - Clause 8 of the Schedule
118. This item substitutes references to "ADG" with "AS" following the repeal of the definition of
ADG at item 67 and the insertion of a new definition of AS at item 68.
Item 114 - Clause 8 of the Schedule
119. This item substitutes "HR Services Section (HRS) in Human Resources Branch (HRB)" with
"the relevant section in the Department" to reflect the abolition of AusAID and the transfer of
AusAID's functions to the Department. It also provides the Department with flexibility should
any future organisational changes result in changes to team names or re-allocation of functions.
Item 115 - Clause 9 of the Schedule
120. This item substitutes "HR ADG through the Director, HR Services Section" with "officer in
the Department who has responsibility for approving the request" to reflect the abolition of
AusAID and the transfer of AusAID's functions to the Department. It also provides the
Department with flexibility should any future organisational changes result in changes to team
names or re-allocation of functions.
Item 116 - Clause 10 of the Schedule
121. This item substitutes references to "ADG" with "AS" following the repeal of the definition of
ADG at item 67 and the insertion of a new definition of AS at item 68.
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Item 117 - Clause 10 of the Schedule
122. This item deletes the reference to "and filing by the HR Services Section" because the clause
already provides details for the storage and audit of Gift Report Forms.
Item 118 - Clause 11 of the Schedule
123. This item substitutes "AusAID" with "The Department" to reflect the abolition of AusAID
and the transfer of AusAID's functions to the Department.
Item 119 - Clause 11 of the Schedule
124. This item deletes the reference to "HR Services Section in Human Resources Branch" and
substitutes it with "relevant section in the Department" to reflect the abolition of AusAID and the
transfer of AusAID's functions to the Department. It also provides the Department with
flexibility should any future organisational changes result in changes to team names or re-
allocation of functions.
Item 120 - Appendix to the Schedule
125. This item removes a sentence from the form in the Schedule to reflect the abolition of
AusAID and the transfer of AusAID's functions to the Department. It also provides the
Department with flexibility should any future organisational changes result in changes to team
names or re-allocation of functions.
Item 121 - Appendix to the Schedule
126. This item removes a part of the form in the Schedule to reflect the abolition of AusAID and
the transfer of AusAID's functions to the Department. It also provides the Department with
flexibility should there be future organisational changes including changes to team names or the
re-allocation of functions.
Item 122 - Appendix to the Schedule
127. This item removes a part of the form in the Schedule to reflect the abolition of AusAID and
the transfer of AusAID's functions to the Department. It also provides the Department with
flexibility should any future organisational changes result in changes to team names or re-
allocation of functions.
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Part 5 - Transitional provisions
Item 123 - Definitions
128. The purpose of this item is to insert new definitions used in the transitional provisions in Part
5.
Item 124 - Effect of things done by, or in relation to, AusAID etc. under the old Act
129. This item preserves things done by, or in relation to, AusAID or the Director-General, under
the ACC Act as in force immediately before the commencement of Part 5. This does not extend
to the making of an instrument.
Item 125 - Directions issued by the Director-General
130. This item preserves any directions issued under sections 13 or 16 of the ACC Act as in force
immediately before the commencement of Part 5.
Item 126 - Effect of things done by, or in relation to, AusAID etc. under the old legislative
instruments
131. This item preserves things done by, or in relation to, AusAID, the Director-General or an
employee of AusAID under a legislative instrument made pursuant to the ACC Act as in force
immediately before the commencement of Part 5. This does not extend to the making of an
instrument.
Item 127 - Transitional determinations relating to non-legislative instruments
132. This item gives the Secretary a power to make determinations that continue the effect of non-
legislative instruments made under the ACC Act or under legislative instruments made pursuant
to the ACC Act.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian Civilian Corps Amendment Bill 2013
1. This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act
2011.
Overview of the Bill
2. On 18 September 2013, the Prime Minister announced he would recommend to the Governor-
General that the Australian Agency for International Development (AusAID) be integrated into
the Department of Foreign Affairs and Trade (DFAT), enabling the aid and diplomatic arms of
Australia's international policy agenda to be more closely aligned.
3. The Bill amends the Australian Civilian Corps Act 2011 (Act) to take account of the machinery
of government change that abolished AusAID and, consequently, the position of the Director-
General of AusAID, with effect on and from 1 November 2013.
4. The Bill:
transfers the powers and functions of the Director-General of AusAID under the Act to the
Secretary of DFAT; and
substitutes other references to AusAID and the Director-General of AusAID with DFAT and
the Secretary of DFAT, respectively.
5. The Bill makes consequential amendments to the Australian Civilian Corps Regulations 2011,
the Director-General's Australian Civilian Corps Directions 2011 and the Prime Minister's
Australian Civilian Corps Directions 2012.
6. None of these amendments make any substantive change to the Act.
Human rights implications
7. The Bill does not engage any of the applicable rights or freedoms.
Conclusion
8. This Bill is compatible with human rights as it does not raise any human rights issues.
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