Australian Civilian Corps Act 2011

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 determination that the person breached the Australian Civilian Corps Code of Conduct when the person was an Australian Civilian Corps employee;

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.

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.

The regulations may prescribe exceptions to the entitlement.

For example, the regulations might provide that there is no entitlement to review if the application for review is frivolous or vexatious.

The Secretary must arrange for:

a person; or

a committee constituted in accordance with the regulations;

The Secretary must not arrange for a person to conduct a review under this section unless the Secretary is satisfied that the person has appropriate knowledge, skills and experience.

A review under this section must not be conducted by a person if the person is:

the Secretary; or

an APS employee in the Department; or

an Australian Civilian Corps employee.

The Secretary must not arrange for a committee to conduct a review under this section unless the Secretary is satisfied that each member of the committee has appropriate knowledge, skills and experience.

A review under this section must not be conducted by a committee if a member of the committee is:

the Secretary; or

an APS employee in the Department; or

an Australian Civilian Corps employee.

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.

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.

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:

the Minister; and

either or both of the following:

the Prime Minister;

the Presiding Officers, for presentation to the Parliament.