22CIndustrial democracy plans

##### 22C Industrial democracy plans (1) In this section, industrial democracy plan, in relation to a Department, means a plan designed to achieve appropriate participation by officers and employees in the decision‑making processes of the Department. (2) As soon as practicable after the commencement of this section and, in any event, within 12 months after the commencement of this section, the Secretary of a Department shall: (a) in consultation with relevant staff organizations in relation to offices in the Department and with such other persons as the Secretary considers appropriate, cause to be developed an industrial democracy plan for the Department; (b) cause to be prepared a statement in writing setting out the plan so developed; and (c) give a copy of the statement to the Board. (3) The Secretary of a Department shall: (a) in consultation with relevant staff organizations in relation to offices in the Department and with such other persons as the Secretary considers appropriate, cause the industrial democracy plan for the Department to be reviewed from time to time; (b) cause to be prepared a statement in writing setting out the results of any review (including particulars of any alteration to be made to the plan); and (c) give a copy of the statement to the Board. (4) The Secretary of a Department shall take any action necessary to give effect to the industrial democracy plan for the Department. (5) The Board may, by notice in writing to the Secretary of a Department, require the Secretary to give the Board, within the time specified in the notice, a report in writing in relation to the development, implementation or review of the industrial democracy plan for the Department. (6) A notice under subsection (5) may specify the particular aspects of the industrial democracy plan that are to be dealt with in the report. (7) Where the Board receives a statement under subsection (2) or (3) or a report under subsection (5), the Board, after considering the statement or report, may make recommendations to the relevant Secretary on the action that should or could be taken to improve the effectiveness of the industrial democracy plan for the Department. (8) If the Secretary does not concur in or adopt a recommendation made by the Board under subsection (7) on the action that should be taken to improve the effectiveness of the industrial democracy plan for the Department, the Secretary shall, within a reasonable time, inform the Minister administering the Department, in writing, of his reasons for not concurring in or adopting the recommendation and give a copy of a statement of those reasons to the Board. (9) The Board may from time to time, by notice in writing to Secretaries, issue guidelines on the development, implementation and review of industrial democracy plans for Departments. (10) The Board shall, in a report furnished to the Prime Minister in accordance with section 15, report on the operation of this section. (10A) The Secretary of each Department shall include in the Annual Report of the Department to be laid before each House of the Parliament information on the implementation and operation of industrial democracy plans in that Department. (11) Where a Department comes into existence after the commencement of this section, this section applies in relation to the Department as if a reference in subsection (2) to the commencement of this section were a reference to the day on which the Department comes into existence. (12) The regulations may provide that this section shall, subject to such modifications (if any) as are prescribed, apply to and in relation to a Commonwealth authority specified in the regulations and, where the regulations so provide, this section applies to and in relation to the Commonwealth authority as if: (a) the Commonwealth authority were a Department; (b) references to the Secretary of a Department were references to the person for the time being holding, or performing the duties of, the office specified in the regulations for the purposes of this paragraph; (c) a reference in subsection (2) to the commencement of this section were a reference to the day on which the regulations came into force; and (d) if the regulations provide that a specified Minister is the prescribed authority for the purposes of the application of this section in relation to the Commonwealth authority—references in subsections (2), (3), (5), (7) and (8) to the Board were references to the Minister so specified. (13) The regulations may provide that the provisions of this section shall, subject to such modifications (if any) as are prescribed, apply to and in relation to the employment of: (a) members of the Australian Federal Police; (c) persons who are employed under section 42 of the Naval Defence Act 1910; (d) persons who are employed under section 10 of the Supply and Development Act 1939; (e) persons employed as officers of the Australian Security Intelligence Organization; or (f) officers appointed in pursuance of section 10 of the Trade Representatives Act 1933. (14) In subsections (12) and (13), modifications includes additions, omissions and substitutions. (15) Regulations made for the purposes of subsection (13) in relation to persons referred to in paragraph (13)(c) or (d) have effect notwithstanding subsection 42C(1) of the Naval Defence Act 1910 or subsection 10(2) of the Supply and Development Act 1939, as the case may be. (16) Where the Minister for Defence, by instrument in writing, declares that, by reason of defence or civil emergency, it is necessary for staff employed under the Naval Defence Act 1910 or the Supply and Development Act 1939 to be engaged in work in circumstances such that regulations made for the purposes of subsection (13) should not apply in respect of those staff, those regulations shall not apply in respect of those staff until that instrument is revoked by the Minister.