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Directions/Other as amended, taking into account amendments up to Australian Civilian Corps Amendment Act 2013
Administered by: Foreign Affairs and Trade
Registered 23 Dec 2013
Start Date 13 Dec 2013
Table of contents.

Prime Minister’s Australian Civilian Corps Directions 2012

as amended

made under subsection 27(2) of the

Australian Civilian Corps Act 2011

Compilation start date:                  13 December 2013

Includes amendments up to:         Act No. 140, 2013

 

About this compilation

This compilation

This is a compilation of the Prime Minister’s Australian Civilian Corps Directions 2012 as in force on 13 December 2013. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 19 December 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

 

 

  

  

  


Contents

1A......... Name of Directions....................................................................................................... 1

2............ Interpretation................................................................................................................. 1

3............ Policies and practices..................................................................................................... 1

4............ Permission to attend training......................................................................................... 2

5............ Leave for deployment.................................................................................................... 2

6............ Right of return............................................................................................................... 3

7............ Personal leave................................................................................................................ 3

Endnotes                                                                                                                                                                 4

Endnote 1—About the endnotes                                                                                                        4

Endnote 2—Abbreviation key                                                                                                            5

Endnote 3—Legislation history                                                                                                         6

Endnote 4—Amendment history                                                                                                       7

Endnote 5—Uncommenced amendments [none]                                                                       8

Endnote 6—Modifications [none]                                                                                                     8

Endnote 7—Misdescribed amendments [none]                                                                          8

Endnote 8—Miscellaneous [none]                                                                                                    8

 


1A  Name of Directions

                   These Directions are the Prime Minister’s Australian Civilian Corps Directions 2012.

2  Interpretation

             (1)  In these Directions:

ACC Register means the register maintained by the Department, which includes information concerning individuals identified by the Department as potentially suitable for engagement as Australian Civilian Corps employees.

Act means the Australian Civilian Corps Act 2011.

Commonwealth employee means an employee engaged by a Commonwealth employer, other than an employee engaged under section 74 of the Public Service Act 1999.

Note:          Section 74 of the Public Service Act 1999 permits APS Agency Heads to engage persons overseas to perform duties overseas as employees of the Commonwealth.

Commonwealth employer means a Commonwealth employer within the meaning of section 27 of the Act.

FMA Agency means an Agency within the meaning of the Financial Management and Accountability Act 1997.

home employer, in respect of a person who is a current, former or prospective Australian Civilian Corps employee, and who is also a Commonwealth employee in another capacity, means the Commonwealth employer who engages the person in such other capacity.

home employment, in respect of a Commonwealth employee, means the employee’s employment with his or her home employer.

             (2)  Where these Directions, other than paragraph 5(2)(a), confer a function on a Commonwealth employer, the function may be performed by any person who is authorised expressly or impliedly by the Commonwealth employer to do so.   

3  Policies and practices

             (1)  An FMA Agency must have employment policies and practices which support Commonwealth employees engaged in the agency participating in the Australian Civilian Corps, including seeking acceptance onto the ACC Register.

             (2)  An FMA Agency may determine its own approach to the employment practices mentioned in subclause (1), provided they remain consistent with the broader objective to support the recruitment and deployment of Australian Civilian Corps employees.

Note:          This clause does not apply to any agency that is not an FMA Agency.  However, in the event that any APS employee engaged in such an agency is required to attend compulsory ACC training or is identified as suitable for ACC deployment, the agency would be subject to the same requirements as those applicable to FMA Agencies in relation to release and return under clauses 4 to 6.

4  Permission to attend training

             (1)  This clause only applies to a Commonwealth employee who is:

                     (a)  an APS employee; or

                     (b)  engaged in an FMA Agency.

             (2)  If an employee seeks permission from a Commonwealth employer to attend compulsory ACC training, the employer must grant the permission, whether by way of granting leave or otherwise, to the extent that the terms and conditions of employment of the employee allow such permission to be granted in the circumstances.

Example:    A Commonwealth employer may give permission by way of granting paid or unpaid leave to an employee to enable the employee to attend ACC compulsory training, provided that the employee’s employment terms and conditions permit such leave to be granted for this purpose.  Alternatively, the employer may decide to give permission to the employee to attend such training without taking any leave, if the employee’s employment terms and conditions allow for such permission to be given.

             (3)  Subclause (2) does not preclude a Commonwealth employer granting permission for an employee to attend compulsory ACC training on different dates from those nominated by the employee, or on terms that are different from those sought by the employee.

             (4)  In this clause, compulsory ACC training means training identified by the Department as compulsory for the purpose of preparing a person for engagement or possible engagement as an Australian Civilian Corps employee.

5  Leave for deployment

             (1)  This clause only applies to a Commonwealth employee who is:

                     (a)  an APS employee; or

                     (b)  engaged in an FMA Agency.

             (2)  If an employee applies to a Commonwealth employer for leave without pay for a period of engagement as an Australian Civilian Corps employee, the employer must grant the leave unless:

                     (a)  the employer advises the Secretary that the employer declines to release the employee because, in the employer’s opinion:

                              (i)  the employee’s absence from his or her home employment would pose a significant risk to national security or delivery of essential government services; or

                             (ii)  Australia’s international relations would be likely to be adversely affected as a result of the deployment of the employee as an Australian Civilian Corps employee; or

                            (iii)  there are other compelling reasons against granting leave to the employee; or

                     (b)  the Secretary notifies the Commonwealth employer that the Secretary does not intend, or no longer intends, to engage the employee as an Australian Civilian Corps employee.

Note:          The continuity of a Commonwealth employee’s home employment is not broken by the employee’s engagement as an Australian Civilian Corps employee for the purposes of determining the employee’s entitlements in relation to his or her home employment, such as those in respect of parental leave, long service leave, superannuation and redundancy.

6  Right of return

             (1)  This clause only applies to a Commonwealth employee who is:

                     (a)  an APS employee; or

                     (b)  engaged in an FMA Agency.

             (2)  If a Commonwealth employee has been granted leave for a period of engagement as an Australian Civilian Corps employee (the period of leave), the employee’s home employer must arrange for the employee to return to the home employer to undertake duties as soon as is reasonably practicable after the period of leave.

             (3)  Subsection (2) does not apply where:

                     (a) because of changed circumstances, it is not within the home employer’s power to arrange the return; or

                     (b)  the employee notifies the home employer that the employee does not wish to return to the home employer to undertake duties.

             (4)  For the purposes of paragraph (3)(a), the engagement of another person to replace the employee during the period of leave does not constitute a changed circumstance.

             (5)  Where the home employer arranges for the employee to return to the home employer under subclause (2), the home employer must arrange for the employee to undertake duties at the employee’s classification immediately before the period of leave commenced.

             (6)  If the classification no longer exists, the home employer must arrange for the employee to undertake duties at an equivalent classification determined by the home employer.

             (7)  Subclauses (5) and (6) do not apply if the home employer arranges for the employee to undertake duties under terms and conditions that are no less favourable overall than the terms and conditions that applied to the employee immediately before the period of leave.

7  Personal leave

                   Where an APS employee returns to his or her home employer to undertake duties following a period of engagement as an Australian Civilian Corps employee, the home employer must recognise any unused personal leave that the employee accrued during his or her engagement as an Australian Civilian Corps employee as if it accrued with the home employer on and from his or her return to the home employer.


Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

 

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub-Ch = Sub-Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

/sub-subparagraph(s)

 

 

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

Prime Minister’s Australian Civilian Corps Directions 2012

15 Dec 2012 (see F2012L02492)

16 Dec 2012

 

 

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Australian Civilian Corps Amendment Act 2013

140, 2013

13 Dec 2013

Sch 1 (items 61–64, 123–127): Royal Assent

Sch 1 (items 123–127)

 

Endnote 4—Amendment history

 

Provision affected

How affected

c 1A..................................

ad Act No 140, 2013

c 1.....................................

rep LIA s 48D

c 2.....................................

am Act No 140, 2013

c 4.....................................

am Act No 140, 2013

c 5.....................................

am Act No 140, 2013

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]