17AReview of decisions relating to breaches of Australian Civilian Corps Code of Conduct

17A Review of decisions relating to breaches of Australian Civilian Corps Code of Conduct

(1) A person who is, or has been, an Australian Civilian Corps employee is entitled to review, in accordance with the regulations, of any of the following decisions: (a) a determination that the person breached the Australian Civilian Corps Code of Conduct when the person was an Australian Civilian Corps employee; (b) a decision to impose a sanction on the person for breaching the Australian Civilian Corps Code of Conduct when the person was an Australian Civilian Corps employee. (2) However, a person is not entitled to review under this section of a decision to impose a sanction that consists of termination of the person’s employment as an Australian Civilian Corps employee. (3) The regulations may prescribe exceptions to the entitlement.

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

Person or committee to conduct a review (4) The Secretary must arrange for: (a) a person; or (b) a committee constituted in accordance with the regulations; to conduct a review under this section. (5) The 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. (6) A review under this section must not be conducted by a person if the person is: (a) the Secretary; or (b) an APS employee in the Department; or (c) an Australian Civilian Corps employee. (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. (8) A review under this section must not be conducted by a committee if a member of the committee is: (a) the Secretary; or (b) an APS employee in the Department; or (c) an Australian Civilian Corps employee. Powers and procedures (9) Without limiting subsection (1), regulations made for the purposes of that subsection may provide for the powers available to a person or committee that conducts a review under this section. Recommendations in a report on a review (10) A person or committee that has conducted a review under this section (the reviewer) may make recommendations in a report on the review but does not have power to make any binding decision as a result of the review, except as provided by the regulations. (11) If the reviewer is not satisfied with the response to recommendations contained in a report on a review under this section, the reviewer may give a report on the matter to: (a) the Minister; and (b) either or both of the following: (i) the Prime Minister; (ii) the Presiding Officers, for presentation to the Parliament.