Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.