{"id":"C2011A00018","name":"Australian Civilian Corps Act 2011","slug":"australian-civilian-corps-act-2011","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"18 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8191,"registerId":"commonwealth-C2011A00018-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Australian Civilian Corps Act 2011.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:355.55pt; border-collapse:collapse\"><thead><tr><td colspan=\"3\" style=\"width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\" style=\"page-break-after:avoid\"><span style=\"font-weight:bold\">Commencement information</span></p></td></tr><tr><td style=\"width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\" style=\"page-break-after:avoid\"><span style=\"font-weight:bold\">Column 1</span></p></td><td style=\"width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\" style=\"page-break-after:avoid\"><span style=\"font-weight:bold\">Column 2</span></p></td><td style=\"width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\" style=\"page-break-after:avoid\"><span style=\"font-weight:bold\">Column 3</span></p></td></tr><tr><td style=\"width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\" style=\"page-break-after:avoid\"><span style=\"font-weight:bold\">Provision(s)</span></p></td><td style=\"width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\" style=\"page-break-after:avoid\"><span style=\"font-weight:bold\">Commencement</span></p></td><td style=\"width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\" style=\"page-break-after:avoid\"><span style=\"font-weight:bold\">Date/Details</span></p></td></tr></thead><tbody><tr><td style=\"width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 and 2 and anything in this Act not elsewhere covered by this table</span></p></td><td style=\"width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>The day this Act receives the Royal Assent.</span></p></td><td style=\"width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span><span> </span><span>April 2011</span></p></td></tr><tr><td style=\"width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>2.</span><span> </span><span>Sections</span><span> </span><span>3 to 31</span></p></td><td style=\"width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>The 28th day after this Act receives the Royal Assent.</span></p></td><td style=\"width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span><span> </span><span>May 2011</span></p></td></tr></tbody></table>\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n  (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"#### 3 Objects\n\n  The objects of this Act are:\n    (a) to establish the Australian Civilian Corps; and\n    (b) to provide a legal framework for the effective and fair employment and management of Australian Civilian Corps employees.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Simplified outline","content":"#### 4 Simplified outline\n\n  The following is a simplified outline of this Act:\n\n• This Act establishes the Australian Civilian Corps.\n\n• The Australian Civilian Corps consists of persons engaged under this Act as Australian Civilian Corps employees.\n\n• The Secretary of the Department is to manage the Australian Civilian Corps.\n\n• Australian Civilian Corps employees will perform duties overseas.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this Act:\n\n> Australian Civilian Corps Code of Conduct means the Australian Civilian Corps Code of Conduct prescribed under subsection 15(1).\n\n> Australian Civilian Corps employee means a person engaged under section 19.\n\n> Australian Civilian Corps Values means the Australian Civilian Corps Values prescribed under section 12.\n\n> enterprise agreement has the same meaning as in the Fair Work Act 2009.\n\n> fair work instrument has the same meaning as in the Fair Work Act 2009.\n\n> overseas means outside Australia and the Territories.\n\n> Presiding Officer means:\n\n    (a) the President of the Senate; or\n    (b) the Speaker of the House of Representatives.\n\n> Secretary means the Secretary of the Department.\n\n> WR Act collective transitional instrument means an award, a collective agreement or a pre‑reform certified agreement (within the meaning of those terms in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009).","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Crown to be bound","content":"#### 6 Crown to be bound\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) However, this Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Extension to external Territories","content":"#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Extension to things overseas","content":"#### 8 Extension to things overseas\n\n  This Act extends to acts, omissions, matters and things overseas.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Relationship with Fair Work Acts","content":"#### 9 Relationship with Fair Work Acts\n\n  (1) This Act has effect subject to the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.\n  (2) Subsection (1) is not intended to imply anything about the relationship between this Act and any Act other than the Fair Work Act 2009 or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"Australian Civilian Corps","content":"## Part 2—Australian Civilian Corps","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Constitution of the Australian Civilian Corps","content":"#### 10 Constitution of the Australian Civilian Corps\n\n  The Australian Civilian Corps consists of Australian Civilian Corps employees.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Management of the Australian Civilian Corps","content":"#### 11 Management of the Australian Civilian Corps\n\n  The Secretary is responsible for the management of the Australian Civilian Corps.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Australian Civilian Corps Values","content":"#### 12 Australian Civilian Corps Values\n\n  The regulations may prescribe the Australian Civilian Corps Values.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Secretary’s directions about the Australian Civilian Corps Values","content":"#### 13 Secretary’s directions about the Australian Civilian Corps Values\n\n  (1) The Secretary may, by legislative instrument, issue directions in relation to each of the Australian Civilian Corps Values for the purposes of determining, where necessary, the scope or application of the Australian Civilian Corps Values.\n  (2) For the purposes of this Act other than this section, the Australian Civilian Corps Values have effect subject to the restrictions (if any) in directions made under subsection (1).","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Secretary must uphold and promote the Australian Civilian Corps Values","content":"#### 14 Secretary must uphold and promote the Australian Civilian Corps Values\n\n  The Secretary must uphold and promote the Australian Civilian Corps Values.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Australian Civilian Corps Code of Conduct","content":"#### 15 Australian Civilian Corps Code of Conduct\n\n  (1) The regulations may prescribe the Australian Civilian Corps Code of Conduct.\n  (2) The Australian Civilian Corps Code of Conduct must include a rule that an Australian Civilian Corps employee must at all times behave in a way that upholds the Australian Civilian Corps Values.\n  (3) The Australian Civilian Corps Code of Conduct applies to Australian Civilian Corps employees.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Secretary’s directions about the Australian Civilian Corps Code of Conduct","content":"#### 16 Secretary’s directions about the Australian Civilian Corps Code of Conduct\n\n  (1) The Secretary may, by legislative instrument, issue directions in relation to the Australian Civilian Corps Code of Conduct for the purposes of determining, where necessary, the scope or application of the Australian Civilian Corps Code of Conduct.\n  (2) For the purposes of this Act other than this section, the Australian Civilian Corps Code of Conduct has effect subject to the restrictions (if any) in directions made under subsection (1).","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Breaches of the Australian Civilian Corps Code of Conduct","content":"#### 17 Breaches of the Australian Civilian Corps Code of Conduct\n\n  Breaches\n  (1) The Secretary may impose the following sanctions on an Australian Civilian Corps employee who is found (under procedures established under subsection (3)) to have breached the Australian Civilian Corps Code of Conduct:\n    (a) termination of employment;\n    (b) re‑assignment of duties;\n    (c) deductions from salary, by way of fine;\n    (d) a reprimand.\n  (2) The regulations may prescribe limitations on the power of the Secretary to impose sanctions under subsection (1).\n  Procedures\n  (3) The Secretary must establish procedures for determining whether an Australian Civilian Corps employee has breached the Australian Civilian Corps Code of Conduct.\n  (4) Procedures under subsection (3) may set out matters to be taken into account in determining the sanction to be imposed on an Australian Civilian Corps employee for breaching the Australian Civilian Corps Code of Conduct.\n  (5) Subsection (4) does not limit subsection (3).\n  (6) Procedures under subsection (3):\n    (a) must be made with due regard to procedural fairness; and\n    (b) may establish different procedures for different categories of Australian Civilian Corps employees.\n  (8) The Secretary must take reasonable steps to ensure that every Australian Civilian Corps employee has ready access to documents that set out the procedures referred to in subsection (3).\n  (9) Procedures under subsection (3) may be varied, but not revoked, in accordance with subsection 33(3) of the Acts Interpretation Act 1901.\n  (10) Procedures under subsection (3) are not a legislative instrument.","sortOrder":18},{"sectionNumber":"17A","sectionType":"section","heading":"Review of decisions relating to breaches of Australian Civilian Corps Code of Conduct","content":"#### 17A Review of decisions relating to breaches of Australian Civilian Corps Code of Conduct\n\n  (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:\n    (a) a determination that the person breached the Australian Civilian Corps Code of Conduct when the person was an Australian Civilian Corps employee;\n    (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.\n  (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.\n  (3) The regulations may prescribe exceptions to the entitlement.\n\n> Note: For example, the regulations might provide that there is no entitlement to review if the application for review is frivolous or vexatious.\n\n  Person or committee to conduct a review\n  (4) The Secretary must arrange for:\n    (a) a person; or\n    (b) a committee constituted in accordance with the regulations;\n  to conduct a review under this section.\n  (5) 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.\n  (6) A review under this section must not be conducted by a person if the person is:\n    (a) the Secretary; or\n    (b) an APS employee in the Department; or\n    (c) an Australian Civilian Corps employee.\n  (7) 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.\n  (8) A review under this section must not be conducted by a committee if a member of the committee is:\n    (a) the Secretary; or\n    (b) an APS employee in the Department; or\n    (c) an Australian Civilian Corps employee.\n  Powers and procedures\n  (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.\n  Recommendations in a report on a review\n  (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.\n  (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:\n    (a) the Minister; and\n    (b) either or both of the following:\n    (i) the Prime Minister;\n    (ii) the Presiding Officers, for presentation to the Parliament.","sortOrder":19},{"sectionNumber":"Part 3","sectionType":"part","heading":"Australian Civilian Corps employees","content":"## Part 3—Australian Civilian Corps employees","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Employer powers etc. of Secretary","content":"#### 18 Employer powers etc. of Secretary\n\n  (1) The Secretary, on behalf of the Commonwealth, has all the rights, duties and powers of an employer in respect of an Australian Civilian Corps employee.\n  (2) Without limiting subsection (1), the Secretary has, in respect of Australian Civilian Corps employees, the rights, duties and powers that are prescribed by the regulations.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Engagement of Australian Civilian Corps employees","content":"#### 19 Engagement of Australian Civilian Corps employees\n\n  (1) The Secretary, on behalf of the Commonwealth, may engage persons as employees for the purposes of:\n    (a) performing, or potentially performing, duties overseas; or\n    (b) performing duties in Australia that are incidental, preparatory or ancillary to the performance, or potential performance, of duties overseas;\n  or both.\n  (2) The engagement of an Australian Civilian Corps employee must be for a specified term.\n  (3) The specified term may be extended, subject to any limitations prescribed by the regulations.\n  (4) The engagement of an Australian Civilian Corps employee may be made subject to conditions notified to the employee, including conditions dealing with any of the following matters:\n    (a) probation;\n    (b) citizenship;\n    (c) formal qualifications;\n    (d) security and character clearances;\n    (e) health clearances.\n  (5) Subsection (4) does not, by implication, limit the conditions that may be applied to the engagement of an Australian Civilian Corps employee.\n  (6) A person may be engaged under this section even if the person is:\n    (a) employed by the Commonwealth in another capacity; or\n    (b) employed by any other employer.\n\n> Note: Section 26 deals with leave for the purposes of service in the Australian Civilian Corps.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Remuneration and other conditions","content":"#### 20 Remuneration and other conditions\n\n  (1) The Secretary may from time to time determine in writing the remuneration and other terms and conditions of employment applying to an Australian Civilian Corps employee or Australian Civilian Corps employees.\n\n> Note: Certain terms and conditions of employment are applicable to an Australian Civilian Corps employee under the National Employment Standards.\n\n  (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.\n\n> Note: A determination under subsection (1) would also be of no effect to the extent that it would reduce the benefit to an Australian Civilian Corps employee of a term or condition applicable to the employee under the National Employment Standards.\n\n  (3) A determination under subsection (1) may apply, adopt or incorporate, with or without modification, any of the provisions of:\n    (a) a fair work instrument; or\n    (b) a WR Act collective transitional instrument;\n  as in force from time to time.\n\n> Note: A determination under subsection (1) may apply, adopt or incorporate, with or without modification, any of the provisions of the National Employment Standards. However, any modification of the provisions of the National Employment Standards by a determination under subsection (1) would be of no effect to the extent that it would reduce the benefit to an Australian Civilian Corps employee of a term or condition applicable to the employee under the National Employment Standards.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Assignment of duties","content":"#### 21 Assignment of duties\n\n  The Secretary may from time to time determine the duties of an Australian Civilian Corps employee, and the place or places at which the duties are to be performed.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Suspension","content":"#### 22 Suspension\n\n  The regulations may make provision in relation to the suspension from duties of Australian Civilian Corps employees, with or without remuneration.","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Termination of employment","content":"#### 23 Termination of employment\n\n  (1) The Secretary may at any time, by written notice, terminate the employment of an Australian Civilian Corps employee.\n\n> Note: The Fair Work Act 2009 has rules and entitlements that apply to termination of employment.\n\n  (2) The notice must set out the ground or grounds for the termination.","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Secondment of Australian Civilian Corps employees","content":"#### 24 Secondment of Australian Civilian Corps employees\n\n  Secondment\n  (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).\n  (2) The Secretary may enter into an agreement with a body or organisation in relation to the secondment of one or more Australian Civilian Corps employees to the body or organisation under subsection (1).\n  (3) The Secretary may enter into an agreement with an Australian Civilian Corps employee in relation to the secondment of the employee to a body or organisation under subsection (1).\n  Termination\n  (4) The Secretary may at any time, by notice given to the body or organisation to which an Australian Civilian Corps employee is seconded under subsection (1), terminate the secondment of the employee.\n  Consequences of secondment\n  (5) The secondment under subsection (1) of a person who is an Australian Civilian Corps employee does not affect the following:\n    (a) the person’s status as an Australian Civilian Corps employee;\n    (b) the application of any provision of this Act in relation to the person during the period of the secondment.\n  (6) Nothing in this section affects:\n    (a) any rights, powers or immunities that an Australian Civilian Corps employee who is seconded under subsection (1) has by virtue of holding any office or position to which the employee has been seconded; or\n    (b) the extent to which the employee is subject to obligations or liabilities in relation to discipline by virtue of holding any office or position to which the employee has been seconded.","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Limitation on Ministerial directions to Secretary","content":"#### 25 Limitation on Ministerial directions to Secretary\n\n  The Secretary is not subject to direction by any Minister in relation to the exercise of powers by the Secretary under this Part in relation to particular individuals.","sortOrder":28},{"sectionNumber":"Part 4","sectionType":"part","heading":"Leave for the purposes of service in the Australian Civilian Corps","content":"## Part 4—Leave for the purposes of service in the Australian Civilian Corps","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Power to grant leave for the purposes of service in the Australian Civilian Corps","content":"#### 26 Power to grant leave for the purposes of service in the Australian Civilian Corps\n\n  (1) An employer in Australia may, at the request of an employee of the employer, grant unpaid leave to the employee for the purposes of service in the Australian Civilian Corps.\n  (2) Subsection (1) is in addition to, and not instead of, any other power of an employer to grant unpaid leave.","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Prime Minister may issue directions about leave etc. to Commonwealth employers","content":"#### 27 Prime Minister may issue directions about leave etc. to Commonwealth employers\n\n  Commonwealth employer\n  (1) For the purposes of this section, each of the following persons is a Commonwealth employer:\n    (a) a person who, on behalf of the Commonwealth, has the powers of an employer in respect of an employee of the Commonwealth;\n    (b) a body corporate that:\n    (i) is established by or under a law of the Commonwealth for a public purpose; and\n    (ii) has employees;\n    (c) a company that:\n    (i) is a wholly‑owned Commonwealth company (within the meaning of the Public Governance, Performance and Accountability Act 2013); and\n    (ii) has employees.\n  Directions\n  (2) The Prime Minister may, by legislative instrument, issue directions to a Commonwealth employer in relation to:\n    (a) the granting of leave to employees for the purposes of service in the Australian Civilian Corps; or\n    (b) any other matter that relates to the participation of employees in the Australian Civilian Corps.\n  (3) Directions under subsection (2) must not relate to a particular employee.\n  (4) Paragraph (2)(a) does not apply to a grant of leave to an employee unless the employee has requested the leave.","sortOrder":31},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"## Part 5—Miscellaneous","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Payments in special circumstances","content":"#### 28 Payments in special circumstances\n\n  (1) The Minister may authorise the making of payments to a person under subsection (2) if the Minister considers it appropriate to do so because of special circumstances that relate to, or arise out of:\n    (a) the payee’s employment as an Australian Civilian Corps employee; or\n    (b) another person’s employment as an Australian Civilian Corps employee.\n  (2) The Minister may authorise the making of any of the following payments:\n    (a) one or more payments of an amount or amounts specified in the authorisation (or worked out in accordance with the authorisation);\n    (b) periodical payments of an amount specified in the authorisation (or worked out in accordance with the authorisation), during a period specified in the authorisation (or worked out in accordance with the authorisation).\n  (3) Payments may be authorised under this section even though the payments would not otherwise be authorised by law or required to meet a legal liability.\n  (4) An authorisation cannot be made under this section if it would involve, or be likely to involve, a total amount of more than $100,000.\n  (5) Conditions may be attached to payments under this section. If a condition is breached, the payment may be recovered by the Commonwealth as a debt in a court of competent jurisdiction.","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Disclosure or use of personal information","content":"#### 29 Disclosure or use of personal information\n\n  The regulations:\n    (a) may authorise the disclosure or use, in specific circumstances, of personal information (within the meaning of the Privacy Act 1988); and\n    (b) may impose restrictions on the collection, storage, access, use or further disclosure of information disclosed under regulations made for the purposes of paragraph (a).\n\n> Note: The Freedom of Information Act 1982 and the Privacy Act 1988 have rules about the disclosure of personal information.","sortOrder":34},{"sectionNumber":"29A","sectionType":"section","heading":"Prohibition of patronage and favouritism","content":"#### 29A Prohibition of patronage and favouritism\n\n  A person exercising powers under this Act or the regulations:\n    (a) in relation to the engagement of Australian Civilian Corps employees; or\n    (b) otherwise in relation to Australian Civilian Corps employees;\n  must do so without patronage or favouritism.","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Delegations","content":"#### 30 Delegations\n\n  (1) The Minister may, in writing, delegate to:\n    (a) another Minister; or\n    (b) an SES employee, or acting SES employee, in the Department; or\n    (c) a person who holds an office or appointment under an Act;\n  any or all of his or her powers or functions under this Act or the regulations.\n\n> Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.\n\n  (2) The Secretary may, in writing, delegate to:\n    (a) an APS employee in the Department; or\n    (b) an Australian Civilian Corps employee;\n  any or all of his or her powers or functions under:\n    (c) this Act; or\n    (d) the regulations; or\n    (e) any other instrument made under this Act.\n\n> Note: The expression APS employee is defined in the Acts Interpretation Act 1901.\n\n  (3) A person exercising powers or functions under a delegation under this section must comply with any directions of the person who delegated the power or function.\n  (4) This section does not apply to a power to make, vary or revoke a legislative instrument.","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Regulations","content":"#### 31 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":37}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing a deployable civilian workforce for overseas operations. The scope has not expanded beyond this core function. The 2011 Act was amended in 2014 to add section 29A (prohibition on patronage and favouritism) and make minor technical updates, but these reinforce rather than expand the original intent."},"complexity_factors":["Straightforward structure with 5 Parts and 31 sections","Only 8 defined terms in section 5, with most definitions referencing external statutes (Fair Work Act 2009)","Minimal cross-referencing—primarily to Fair Work legislation, Privacy Act 1988, and Acts Interpretation Act 1901","Simple conditional logic: employment is term-based (section 19), determinations cannot reduce benefits below enterprise agreement standards (section 20), and review rights exclude termination decisions (section 17A)","No nested exceptions or deeply layered subsections","Regulation-making powers (sections 12, 15, 22, 29, 31) defer significant detail to subordinate legislation, keeping the primary Act relatively lean","Procedural fairness requirements for conduct breaches (section 17) are standard administrative law concepts"],"plain_english_summary":"This legislation creates the **Australian Civilian Corps (ACC)**—a specialised workforce of civilian employees who can be deployed overseas to support Australian government activities in international settings, such as peacekeeping, humanitarian aid, or stabilisation operations.\n\n**What it does:**\n- **Establishes the Corps**: Creates a distinct employment framework separate from the regular public service (APS) for people working outside Australia.\n- **Sets up employment rules**: The Secretary of the Department (Foreign Affairs and Trade) hires ACC employees on fixed-term contracts, assigns their duties, sets their pay and conditions, and can terminate their employment.\n- **Overseas focus**: ACC employees primarily work overseas, though they can do preparatory work in Australia.\n- **Code of Conduct**: Employees must follow prescribed values and a code of conduct. Breaches can result in sanctions including fines, reassignment, or dismissal.\n- **Review rights**: Employees can seek review of conduct breach findings and sanctions (except termination), with independent reviewers reporting to the Minister and potentially Parliament if concerns aren't addressed.\n- **Leave provisions**: Allows other Australian employers (including private companies) to grant unpaid leave so their staff can serve in the Corps. The Prime Minister can issue directions to Commonwealth employers about this.\n- **Special payments**: The Minister can authorise ex-gratia payments (up to $100,000) for special circumstances arising from ACC service.\n\n**Who it affects:**\n- People seeking to work overseas in civilian roles supporting Australian government objectives\n- Current employees of Commonwealth agencies or private companies who want to take leave to serve in the Corps\n- The Secretary of the Department, who manages the workforce\n- International organisations that might second ACC employees\n\n**Why it matters:**\nThis provides a flexible, dedicated civilian capability for international deployment—distinct from military personnel or regular public servants—allowing Australia to respond quickly to crises, conflicts, or reconstruction efforts abroad while maintaining appropriate employment protections and accountability."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the text provided, the Act’s scope is to establish the Australian Civilian Corps and a framework for employment, conduct and management of its employees serving overseas. The commencement table notes the provisions are as originally enacted; no subsequent amendments or expansions of scope are shown in the supplied text."},"complexity_factors":["Cross‑reference to Fair Work legislation and the National Employment Standards (s 9, s 20) — requires harmonisation of entitlements.","Broad discretionary powers vested in the Secretary and Minister (employment terms, sanctions, payments) with limited statutory constraints (ss 17, 18, 20, 28).","Delegation and legislative instrument mechanisms allow subdelegation and directions that affect scope and application (ss 13, 16, 30, 31).","Internal procedures and review structure that are partly regulated and partly non‑legislative (ss 17, 17A) — mixes administrative discretion with procedural fairness obligations.","Operational complexity from secondment, overseas effect and extension to external Territories (ss 7, 8, 24).","Privacy and information‑sharing delegated to regulations and potential limits on disclosure (s 29) — compliance and FOI/Privacy Act interaction.","Prime Ministerial power to direct Commonwealth employers on leave (s 27) introduces an executive coordination mechanism distinct from individual employer rights.","Caps and recoverability on special payments (s 28) create fiscal and legal compliance checkpoints."],"plain_english_summary":"This Act creates the Australian Civilian Corps and a legal framework for recruiting, managing and disciplining its employees who may serve overseas. It vests employer powers in the Secretary, sets fixed‑term engagements with possible conditions (security, health, qualifications), establishes a Code of Conduct with sanctions and internal review, and enables secondments and leave arrangements.\n\nDecisions on pay, duties, suspension and termination are made by the Secretary; the Minister can authorise special payments (capped at $100,000) and the Prime Minister can issue non‑individual directions to Commonwealth employers about leave. The Act operates subject to the Fair Work Acts and permits regulations to fill out values, conduct and information rules."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act's stated objects — establishing the Corps and providing a framework for its employment and management — are consistently reflected throughout all operative provisions. The scope remains tightly focused on overseas civilian deployment and the employment relationship supporting it. No mission creep or significant departure from the original intent is evident within the text."},"complexity_factors":["Interaction with multiple external legislative frameworks (Fair Work Act 2009, Fair Work Transitional Act, Privacy Act, Freedom of Information Act, Public Governance Performance and Accountability Act)","Heavy reliance on regulations and subordinate instruments — core content like the Values and Code of Conduct are not in the Act itself, making the full legal picture incomplete without accessing those regulations","Layered employment conditions: National Employment Standards set a floor, enterprise agreements sit above that, and Secretary determinations must not undercut either","Multiple delegation chains (Minister → other Ministers/SES employees; Secretary → APS employees/Corps employees) with compliance obligations attached","Nuanced review rights — employees can challenge some disciplinary decisions but explicitly cannot review termination under this Act, creating a split remedies landscape","Secondment provisions involving international bodies add complexity around jurisdiction and applicable obligations","Legislative instrument powers scattered across multiple sections (Secretary directions on Values, Secretary directions on Code of Conduct, Prime Minister directions to Commonwealth employers)","Crown immunity carve-out in section 6 requires understanding of what 'Crown in each of its capacities' means in practice"],"plain_english_summary":"The Act establishes the Australian Civilian Corps — a pool of civilian specialists deployable overseas for humanitarian, post‑conflict and development missions. It creates fixed‑term employment, security/health checks, a Code of Conduct, and disciplinary processes, while preserving Fair Work Act protections.\n\nIt affects corps employees, other employers (who may grant leave or be directed to support secondees), and the Department Secretary who manages the Corps — with a specific bar on Ministerial direction about decisions concerning individual employees."}},"importantCases":[],"_links":{"self":"/api/acts/australian-civilian-corps-act-2011","history":"/api/acts/australian-civilian-corps-act-2011/history","analysis":"/api/acts/australian-civilian-corps-act-2011/analysis","conflicts":"/api/acts/australian-civilian-corps-act-2011/conflicts","importantCases":"/api/acts/australian-civilian-corps-act-2011/important-cases","documents":"/api/acts/australian-civilian-corps-act-2011/documents"}}