AUSTRALIAN CIVILIAN CORPS REGULATIONS 2011 (SLI NO 246 OF 2011) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN CIVILIAN CORPS REGULATIONS 2011 (SLI NO 246 OF 2011)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 246

Subject - Australian Civilian Corps Act 2011

Australian Civilian Corps Regulations 2011

The Australian Civilian Corps Act 2011 (the Act) established a legal framework for the engagement and management of a new category of Commonwealth employees, known as the Australian Civilian Corps (ACC), for rapid deployment to work in crisis environments overseas.

Section 31 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Regulations prescribe a range of matters relevant to the management of ACC employees.

In particular, section 12 of the Act provides that the regulations may prescribe the ACC Values, and subsection 15(1) provides that the regulations may prescribe the ACC Code of Conduct. These regulation-making powers are consistent with the Government's decision in 2009 that authorised the proposal of new legislation for the ACC, which envisaged that the ACC would have its own values and code of conduct.

The ACC Values define the principles that govern the operation of the ACC as distinct from those applicable to agencies covered by the Public Service Act 1999. Accordingly, the ACC Values set out in Schedule 1 to the Regulations articulate the culture and operating ethos of the ACC and provide the context within which powers under the Act will be exercised.

The other matters covered by the Regulations include the following:

* limitation on the power to impose sanctions on breaches of the ACC Code of Conduct;

* matters concerning external review of decisions relating to breaches of the ACC Code of Conduct, including limitations on the entitlement to seek review, process of review and powers of the reviewer;

* duties and powers of the Director-General of the Australian Agency for International Development (AusAID Director General) as an employer in respect of an ACC employee;

* power to suspend an ACC employee from duties, with or without remuneration; and

* disclosure or use of personal information.

As Australian Government employees, ACC employees are managed in a similar way to employees in the Australian Public Service (APS employees). To that end, the Regulations closely reflect relevant provisions in the Public Service Regulations 1999, which apply to APS employees. For instance, in relation to external review of decisions on breaches of the ACC Code of Conduct, the Regulations are significantly modelled on Division 5.3 of the Public Service Regulations in relation to review of Code of Conduct decisions for APS employees.

However, there are some key differences between the ACC and the APS. In particular, the ACC only consists of employees engaged for specific deployments on short notice and for a short term, mostly three to 12 months, before they return to their regular employment. As such, ACC employment is not career-based, and there is no internal management structure within the ACC that is responsible for engagement and management of ACC employees. Rather, ACC employees are engaged and managed by people external to the ACC, namely the AusAID Director General and AusAID staff assisting the Director General. ACC employees are typically deployed to perform duties in high risk environments, working with people in cultures very different from those in Australia. In most cases, ACC employees and the Australian Government would have little or no control over the environments in which, and the people with whom, ACC employees would work. For these reasons, certain requirements and expectations pertinent to the APS are not appropriate for the ACC, and therefore have not been adopted, or have been modified, for the ACC.

The Australian Public Service Commission has been consulted in the development of the Regulations. Relevant Australian Government agencies, the Community and Public Sector Union and a number of non-government organisations such as World Vision Australia have provided extensive comments on the ACC Values and ACC Code of Conduct. The Department of the Prime Minister and Cabinet has been consulted on regulation 20 regarding disclosure of personal information.

Details of the Regulations are set out in the Attachment.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Authority: Section 31 of the Australian Civilian Corps Act 2011

ATTACHMENT

Details of the Australian Civilian Corps Regulations 2011

Regulation 1 - Name of Regulations

This regulation provides that the title of the Regulations is the Australian Civilian Corps Regulations 2011.

Regulation 2 - Commencement

This regulation provides for the Regulations to commence on the day after the regulations are registered.

Regulation 3 - Definitions

This regulation defines certain terms used in the Regulations.

Regulation 4 - Australian Civilian Corps Values

Section 12 of the Act provides for regulations to be made to prescribe the ACC Values. The ACC Values articulate the culture and operating ethos of the ACC and provide the context within which powers under the Act will be exercised.

Regulation 4 provides that the ACC Values are those set out in Schedule 1 to the Regulations. It should be noted that the AusAID Director General may, under section 13 of the Act, issue directions that determine the scope or application of the ACC Values. The ACC Values need to be read in light of any direction that might be issued by the AusAID Director General for this purpose. Further explanations of the ACC Values are provided in the notes on Schedule 1 below.

Regulation 5 - Australian Civilian Corps Code of Conduct

Section 15 of the Act provides for regulations to be made to prescribe the ACC Code of Conduct. The ACC Code of Conduct is intended to be a public statement of the standards of behaviour and conduct that are expected of ACC employees.

Regulation 5 provides that the ACC Code of Conduct is the code set out in Schedule 2 to the Regulations. It should be noted that the AusAID Director General may, under section 16 of the Act, issue directions that determine the scope or application of the ACC Code of Conduct. The ACC Code of Conduct needs to be read in light of any direction that might be issued by the AusAID Director General for this purpose. Further explanations of the ACC Code of Conduct are provided in the notes on Schedule 2 below.

Regulation 6 - Limitation on sanctions for breaches of Australian Civilian Corps Code of Conduct

Under subsection 17(1) of the Act, the AusAID Director General may impose sanctions on any breaches of the ACC Code of Conduct, including deductions from salary by way of fine. Subsection 17(2) provides for regulations to be made to limit the AusAID Director General's power to impose sanctions.

Accordingly, regulation 6 limits the amount that may be deducted from an employee's salary, by way of a fine, to no more than 2% of the ACC employee's annual salary. This regulation is modelled on regulation 2.3 of the Public Service Regulations.

Regulation 7 - General policy about review

Division 3, Part 2 of the Regulations, for the purposes of section 17A of the Act, set out the framework for external review of decisions made by AusAID on alleged breaches of the ACC Code of Conduct. Regulation 7 states the general Government policy on review of decisions under the Regulations, which is consistent with the general policy stated in regulation 5.1 of the Public Service Regulations concerning review of APS decisions.

Regulation 8 - Director-General's responsibility

This regulation sets out the overall responsibility of the AusAID Director General in relation to review of decisions under the Regulations. The AusAID Director-General's responsibility in this regard substantially mirrors that of Agency Heads of APS Agencies under regulation 5.5 of the Public Service Regulations.

Regulation 9 - Exceptions to entitlement to review of decisions relating to breaches of Australian Civilian Corps Code of Conduct

Under subsection 17A(1) of the Act, a person is entitled to review, in accordance with the regulations, of any of the following decisions:

* a determination that the person breached the ACC Code of Conduct when the person was an ACC employee;

* a decision to impose a sanction on the person for breaching the ACC Code of Conduct when the person was an ACC employee.

Under subsection 17A(3), the regulations may prescribe exceptions to the right of review. Accordingly, regulation 9 sets out a number of exceptions broadly reflecting the exceptions under regulations 5.22 and 5.23 of the Public Service Regulations, which apply to review of decisions concerning APS employees.

Under subregulation 9(2), a person who is an ACC employee with the substantive classification of ACC 3, or who was an ACC 3 employee immediately before his or her ACC employment ceased, would not be entitled to review. At the time the Regulations were made, an ACC 3 employee was equivalent to an SES employee in the APS. The exclusion of ACC 3 employees is consistent with the exclusion of SES employees from the review arrangement under regulation 5.22 of the Public Service Regulations. For the ACC, subregulation 9(3) clarifies that an ACC employee would lose his or her entitlement to review, and any review application on foot would lapse, once he or she is substantively promoted to ACC 3. It should be noted that, in relation to APS employees, regulation 5.22 of the Public Service Regulations does not exclude acting SES, because an acting SES employee remains a 'non-SES employee' (see the definition of 'acting SES employee' at section 7 of the Public Service Act) and is therefore entitled to review under regulation 5.22. Similarly, subregulations 9(2) and (3) of the Regulations do not exclude an acting ACC 3 employee from the review arrangement.

Further, subregulations 9(2) and (3) do not affect the right of an ACC 3 employee to seek judicial review, under the Administrative Decisions (Judicial Review) Act 1977 or the Judiciary Act 1903, of any decision made under the Act or the Regulations concerning the employee. Certain employment-related decisions may also be reviewable under the Fair Work Act 2009.

Under subregulation 9(4), a person is not entitled to review under the Regulations in respect of any decision that may be reviewed by a Court or tribunal, where an application has been made for review by that Court or tribunal.

The exclusions under subregulations 9(2) to (4) operate automatically as long as the conditions described in those provisions are satisfied, and do not require any subjective judgment on the part of the AusAID Director General or a reviewer as to whether a particular decision should be reviewed. The AusAID Director General would have no obligation to find a reviewer for an application that has been made despite subregulation 9 (2) or (4), or where the applicant has ceased to be entitled to review under subregulation 9(3) because the applicant has become an ACC 3 employee after the applicant applied for review. This is because, under regulation 11, the AusAID Director General would be obliged to set up a review process only where the applicant's entitlement to review is not affected by subregulation 9(2), (3) or (4).

In contrast, the exceptions under subregulation 9(5) would apply only after the AusAID Director General has identified a reviewer, and if the reviewer specifically decides that the decision should not be reviewed for one of the following reasons:

* the application for review of the decision is made outside the time limit mentioned in subregulation 10(3), and the delay is not because of exceptional circumstances;

* the application for review is frivolous or vexatious;

* the applicant has previously applied to the AusAID Director General for review of the decision;

* the applicant has applied, or could apply, to have the decision reviewed by a more suitable body, e.g. the Ombudsman; or

* review of the decision is not otherwise justified in all the circumstances, e.g. where the applicant does not comply with a requirement to provide further information about why the review is sought.

The above grounds of exclusion reflect the relevant exceptions provided by regulation 5.23(3) of the Public Service Regulations in relation to review of decisions concerning APS employees.

Regulation 10 - Application for review

Regulation 10 sets out the requirements that need to be met by any application for review under the Regulations. Specifically, an application must:

* be made in writing to the AusAID Director General;

* state briefly why the review is sought and any specific outcome that the applicant is seeking; and

* be made within 60 days after the making of the decision in respect of which review is sought.

Regulation 11 - Setting up review process

If the AusAID Director General receives a review application that complies with regulation 10, and the applicant's entitlement to review is not affected by subregulation 9(2), (3) or (4), the AusAID Director General would be required to identify or constitute a reviewer and provide relevant documentation to both the reviewer and the applicant in accordance with regulation 11.

It is anticipated that the AusAID Director General will seek to establish an arrangement with the Merit Protection Commissioner for the Commissioner to review decisions on a fee-for-service basis under regulation 7.4 of the Public Service Regulations, as requested by the AusAID Director General from time to time. Such an arrangement, if established with the Merit Protection Commissioner, would be similar to existing arrangements for the Commissioner's review of misconduct decisions concerning other kinds of Government employees who are not APS employees.

Neither the Act nor the Regulations impose any legal obligation on the Merit Protection Commissioner or any other person to conduct a review when requested by the AusAID Director General. However, the Act does impose an obligation on the Director General to ensure that a review is in fact conducted in accordance with section 17A of the Act. If, for some reason, a person requested to review a decision were to decline to do so, the Director General would need to find another person, who meets the criteria set out in subsections 17A(5) to (8) in relation to independence and qualifications, to conduct the review.

Regulation 12 - Notification of no entitlement to review

If a reviewer decides under subregulation 9(5) that an applicant is not entitled to review, the reviewer would be required to notify the applicant in accordance with subregulation 12(1).

If the applicant is not entitled or ceases to be entitled to review of a decision according to subregulation 9(2) or (3) on the basis that the applicant is, was or has become an ACC 3 employee, the AusAID Director General would be required by subregulation 12(2) to ensure that the applicant is notified. If the applicant becomes an ACC 3 employee after a reviewer has been identified to review the decision, the AusAID Director General would be required by subregulation 12(4) to ensure the reviewer is notified as well.

Similarly, if an applicant is not entitled to review according to subregulation 9(4) because the applicant has applied for review by a Court or tribunal which may review the decision, and if the Court or tribunal notifies the AusAID Director General of such an application, subregulation 12(2) would require the AusAID Director General to ensure the applicant is notified of the disentitlement. If an application to a Court or tribunal is made after a reviewer has been identified by the AusAID Director General, subregulation 12(4) would require the reviewer to be notified as well.

The notification requirement under subregulation 12(4) would also apply where the applicant had applied for review by a Court or tribunal before he or she applied to the AusAID Director General for review under the Regulations, but the AusAID Director General was not notified of that application until after a reviewer had been identified. In that case, the AusAID Director General would need to ensure the reviewer is informed that the applicant is in fact not entitled to review under the Regulations.

Regulation 13 - Conduct of review

Where an applicant's entitlement is not excluded under regulation 9, the reviewer must deal with the application in accordance with regulation 13. In particular, the reviewer must review the decision and make a recommendation to the AusAID Director General.

Regulation 14 - Action by Director-General following review

Regulation 14 requires the AusAID Director General to deal with the reviewer's recommendation in accordance with that regulation. Specifically, the AusAID Director General must consider whether the original decision should be confirmed, varied or set aside in light of the recommendation. In addition, the AusAID Director General has an obligation to tell the applicant and the reviewer what the Director General has decided to do with the original decision and the reason for having done so.

Regulation 15 - Review procedures

Subregulation 15(1) requires the AusAID Director General and the reviewer to agree on the review procedures. This differs from regulation 5.34 of the Public Service Regulations, which requires the Merit Protection Commissioner to issue instructions that must be followed in the review of any decision falling within the Commissioner's jurisdiction. This departure from the Public Service Regulations is necessary because the Act requires the AusAID Director General to identify a reviewer on a case by case basis. The Act does not provide for a single entity such as the Merit Protection Commissioner to be solely responsible for reviewing decisions for current or former ACC employees. In these circumstances, it would not be appropriate for the Merit Protection Commissioner to determine the procedures for all reviews under the Regulations.

However, in the event that the AusAID Director General establishes an arrangement with the Merit Protection Commissioner for the Commissioner to review ACC Code of Conduct decisions, it is expected that standard procedures would be agreed between the AusAID Director General and the Commissioner, which would be followed by the Commissioner each time the Commissioner agrees to conduct a review as requested by the AusAID Director General. The standard procedures are expected to be similar to the procedures followed by the Commissioner in relation to review of APS decisions.

In all other respects, regulation 15 is identical in substance to regulations 5.33 and 5.34 of the Public Service Regulations, which prescribe the basic procedural requirements for reviews. As with the review of APS decisions, the review process under the Regulations is not intended to replicate a court process. Accordingly, under subregulation 15(4), an applicant appearing before a reviewer is not entitled to be represented. This mirrors subregulation 5.33(2) of the Public Service Regulations, which is in turn consistent with subregulation 5.33(1), which requires reviews to be finished as quickly and with as little formality as a proper consideration of the matter allows. Therefore, APS applicants are not allowed representation unless the Merit Protection Commissioner considers representation to be reasonable in the particular circumstances. The APS experience indicates that better outcomes to reviews can be achieved when the reviewer deals directly with the review applicant. This is because reviews often involve people's interpretation of events or procedures, and dealing directly with the applicant allows the reviewer to understand the issue based on the applicant's own words and thoughts. This approach also promotes the applicant's ownership of the issues and the review outcome.

The above considerations are relevant to the review of ACC Code of Conduct decisions as well. The requirement for informality is reflected in subregulation 15(2) of the Regulations, and the general rule against representation under subregulation 15(4) is one aspect of the informality required by subregulation 15(2).

Regulation 16 - Requirements to provide information or documents

Regulation 16 enables the reviewer to require the AusAID Director General, an APS Agency Head, or a person who is or was an ACC employee to give the reviewer specified information or documents relevant to the review. An APS Agency Head may delegate the function of providing information, or expressly or impliedly authorise another person to provide information on the Agency Head's behalf, to comply with a requirement under regulation 16: see the definition of 'Agency Head' under regulation 3.

Regulation 17 - Making of application does not operate as stay

Regulation 17 clarifies that an application for review of a decision does not have the effect of suspending the operation of the decision. In other words, the decision would continue to have effect while the review process is under way.

Regulation 18 - Power to require Australian Civilian Corps Employee to attend medical examination or mental health assessment

Under section 19 of the Act, the AusAID Director General may engage ACC employees subject to conditions dealing with health clearances (see paragraph 19(4)(e)). Where such a condition has been imposed in respect of an ACC employee, medical examinations and/or mental health assessments of the employee would need to be conducted to ascertain whether the employee meets the condition. To that end, paragraph 18(1)(a) of the Regulations, together with subregulation 18(2), would enable the AusAID Director General to require an ACC employee to undergo a medical examination or mental health assessment to assess the employee's fitness for duty. The effect of these provisions is substantially the same as that of regulation 3.1 of the Public Service Regulations, which applies to APS employees.

In addition, a medical examination or mental health assessment may also be required in the specific circumstances listed in paragraph 18(1)(b), which are the same as the circumstances listed in regulation 3.2 of the Public Service Regulations in relation to APS employees. More particularly, provided that the AusAID Director General believes that an ACC employee's health has or may have any of the adverse effects specified in paragraph 18(1)(b), the AusAID Director General may require an ACC employee to undergo medical examination or mental health assessment to assess the employee's fitness for duty, irrespective of whether the employee's engagement is subject to health clearance in accordance with subsection 19(4) of the Act.

Medical examinations and mental health assessments for the purposes of regulation 18 would only be conducted by persons nominated by the AusAID Director General. However, regulation 18 is not intended to require the AusAID Director General to make a nomination each time an ACC employee needs to be examined or assessed. Instead, the AusAID Director General may pre-nominate a number of medical practitioners or clinical psychologists for any examination or assessment that might need to be conducted in respect of ACC employees.

Since ACC employees perform their duties predominantly outside Australia, regulation 18 permits medical examinations and mental health assessments to be conducted by foreign medical practitioners and foreign clinical psychologists, provided that they are permitted to practice medicine or psychology, as the case may be, under the law of the country in which the examination or assessment is to be conducted. In this respect, it should be noted that an ACC employee may be required to undergo an examination or assessment in a third country, i.e. a country other than the country in which the employee is deployed to perform ACC duties. In that case, the ACC employee may be examined or assessed by a medical practitioner or psychologist who is legally permitted to conduct such an examination or assessment in the third country.

Regulation 19 - Suspension

Regulation 19 permits the AusAID Director General to suspend an ACC employee from duties, subject to substantially the same conditions and restrictions as those applicable to an Agency Head in relation to suspension of APS employees under regulation 3.10 of the Public Service Regulations. In particular, regulation 19 permits an ACC employee to be suspended where this is in the public interest or in the interests of the ACC. In addition, since the ACC initiative is an AusAID-administered program, an ACC employee may also be suspended where this is in the interests of AusAID.

Regulation 20 - Disclosure or use of personal information

The Privacy Act 1988 restricts the ability of Commonwealth officials to use or disclose personal information, i.e. information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. Information Privacy Principles 10 and 11, set out in section 14 of the Privacy Act, permit personal information to be used or disclosed only in the circumstances specified in those principles. Amongst other circumstances, those principles permit personal information to be used or disclosed where this is required or authorised by or under law.

Regulation 20 of the Regulations authorises use or disclosure of personal information in the circumstances specified in that regulation. Any use or disclosure of information as authorised would be a permitted use or disclosure under Information Privacy Principle 10 or 11.

The purposes for which personal information may be used or disclosed under regulation 20 are comparable to the purposes for which personal information may be disclosed by an Agency Head under paragraphs 9.2(1)(a), (b) and (e) of the Public Service Regulations. In particular, paragraph 9.2(1)(a) permits personal information to be shared between APS Agency Heads for purposes connected with APS employment. Paragraph 20(1)(a) of the Regulations is intended to facilitate the sharing of personal information between the AusAID Director General and APS Agency Heads in a similar way, for purposes connected with ACC employment. To share or use information as permitted by regulation 20, an APS Agency Head may delegate the relevant functions, or expressly or impliedly authorise another person to perform those functions on the Agency Head's behalf: see the definition of 'Agency Head' under regulation 3.

Paragraph 20(1)(c) permits use or disclosure that is necessary for the performance of an 'outsourced personnel function', which essentially includes any personnel function to be performed by a contractor under a Commonwealth contract in respect of former, current or prospective ACC employees. 'Commonwealth contract' for this purpose has the same meaning as in the Privacy Act 1988, and therefore means 'a contract, to which the Commonwealth or an agency is or was a party, under which services are to be, or were to be, provided to an agency'. In effect, paragraph 20(1)(c) would, for example, permit personal information to be disclosed to a contractor engaged by AusAID where this is necessary for the contractor to perform a personnel function in respect of former, current or prospective ACC employees. Under subregulation 20(2), the contractor may further disclose the information without the AusAID Director General's written permission. However, consistently with the restriction under Information Privacy Principle 11.3, further use or disclosure is permitted under subregulation 20(2) only for the performance of the outsourced personnel function for the purposes of which the information was disclosed to the contractor in the first place.

Schedule 1 - Australian Civilian Corps Values

Schedule 1 prescribes the ACC Values. The ACC Values incorporate most of the APS Values set out in section 10 of the Public Service Act, as in force at the time when the Regulations were made. However, some of the values have been modified to make them more relevant to the ACC. A number of ACC-specific values have also been included to indicate the unique objectives of the ACC. The following table compares the ACC Values with the APS Values.

ACC Value	Equivalent APS Value	Comments
Paragraphs 1, 2, 3, 11 and 12. Same as APS Values, except that references to 'the APS' are replaced with references to 'Australian Civilian Corps employees'.	Paras (a), (d), (e), (f) and (h)	References to 'Australian Civilian Corp employees' are used to emphasise that these values apply to each ACC employee.
4. Inclusion on the ACC Register is merit-based, with all eligible members of the community having a reasonable opportunity to apply to join the Register.	(m) the APS provides a reasonable opportunity to all eligible members of the community to apply for APS employment	Engagement of ACC employees involves a 2-step process: (1) inclusion of eligible individuals on the ACC Register, which does not involve employment of any individual; and (2) employment of individuals, from the ACC Register, for each deployment. Due to the rapid nature of ACC deployments, deployees often need to be identified within a very short timeframe, and so open recruitment is not appropriate. Members of the ACC Register are expected to have undergone appropriate training, screening and assessment so that they may be rapidly deployed should the need arise. Members of the public would have a reasonable opportunity to apply for inclusion on the ACC Register (ie. step (1) of the engagement process), consistent with this ACC Value.
5. Australian Civilian Corps employees are Australian Government officials recruited from the ACC Register on the basis of merit.	(b) the APS is a public service in which employment decisions are based on merit	As explained above, engagement of ACC employees involves a 2-step process: (1) inclusion of eligible individuals on the ACC Register, which does not involve employment of any individual; and (2) employment of individuals, from the ACC Register, for each deployment. The decision to 'employ' a person at step (2) must be merit-based according to this ACC Value. The concept of 'merit' for the purposes of this ACC Value would be explained in the AusAID Director General's directions. ACC employees are unlikely to be involved in providing services directly to members of the public, and so it is not entirely accurate to describe the ACC as 'a public service'. 'Australian Government officials' is a more appropriate description of the status of ACC employees.
6. The Director-General of AusAID provides, to the extent possible, a workplace that is free from discrimination and recognises and utilises the diversity of the Australian community.	(c) the APS provides a workplace that is free from discrimination and recognises and utilises the diversity of the Australian community it serves	This ACC Value refers to the AusAID Director General rather than ACC employees because ACC employees themselves are not responsible for ACC recruitment decisions and will have little or no control over their own workplaces in host countries. The AusAID Director General, in engaging and managing ACC employees, will comply with relevant anti-discrimination legislation. However, there are limits to what the Australian Government may do in relation to workplaces overseas. The specific needs of host countries as to the characteristics of the personnel required in each case would also need to be taken into account. The phrase 'to the extent possible' in paragraph 6 highlights that, while complying with applicable legislation, it may not always be possible for employment practices in relation to the ACC to meet the standards normally expected in other contexts in relation to anti-discrimination and workplace diversity.
7. The Director-General of AusAID establishes workplace relations with Australian Civilian Corps employees that value communication, consultation, cooperation and input from employees on matters that affect their workplace.	(i) the APS establishes workplace relations that value communication, consultation, co operation and input from employees on matters that affect their workplace	This ACC Value refers to the AusAID Director General rather than ACC employees because the promotion of this value is more a matter for the AusAID Director General, as the employer and manager of ACC employees. There is no internal management structure within the ACC, and as such, there is limited scope for ACC employees to 'establish' workplace relations amongst themselves.
8. The Director-General of AusAID provides, to the extent possible, a fair, flexible, safe and rewarding workplace for Australian Civilian Corps employees.	(j) the APS provides a fair, flexible, safe and rewarding workplace	This ACC Value refers to the AusAID Director General rather than ACC employees. Given the role of ACC employees in host countries and their short-term presence, they are highly unlikely to be in a position to have any meaningful influence over the fairness, safety, etc. of their own workplace overseas. The AusAID Director General will comply with all applicable workplace health and safety legislation in relation to ACC employees. However, there are limits to what the Australian Government may do in relation to the workplaces of deployees in host countries. The specific needs of host countries in relation to each deployment would also need to be taken into account. The phrase 'to the extent possible' in paragraph 8 highlights that, while complying with applicable legislation, it may not always be possible for the workplaces of ACC employees to meet the standards normally expected of a regular workplace in Australia in relation to workplace safety, flexibility etc.
9. The Director-General of AusAID and Australian Civilian Corps employees focus on achieving results and managing performance.	(k) the APS focuses on achieving results and managing performance	Same in substance as APS Value.
10. The Director-General of AusAID provides a fair system of review of decisions relating to Australian Civilian Corps employees.	(o) the APS provides a fair system of review of decisions taken in respect of APS employees	Same in substance as APS Value.
13. Australian Civilian Corps employees respond flexibly to assist host countries experiencing or emerging from natural disasters or conflicts.	N/A	No equivalent APS Value. Included to state the ACC's mandate and its unique objectives.
14. Australian Civilian Corps employees consider the needs of the most vulnerable people, and carry out their functions fairly, effectively and with cultural sensitivity for the benefit of people who are affected by conflict or disaster in the host country.	(g) the APS delivers services fairly, effectively, impartially and courteously to the Australian public and is sensitive to the diversity of the Australian public	The ACC does not deliver any service to the Australian public. Rather, the ACC provides advice to host governments and other organisations in foreign countries for the benefit of the people in those countries. The focus on the needs of the most vulnerable is consistent with relevant humanitarian principles.
15. Australian Civilian Corps employees respect local ownership of the recovery process, including ownership by the host government as appropriate, and encourage broad community participation in that process.	N/A	No equivalent APS Value. Included to reflect relevant humanitarian principles.
16. Australian Civilian Corps employees work with Australian and international partners to deliver coherent and harmonised assistance to host countries.	N/A	No equivalent APS Value. Included to reflect the nature of ACC deployments.
17. Australian Civilian Corps employees strive to minimise harm that may be inadvertently caused in providing assistance.	N/A	No equivalent APS Value. Included to reflect the humanitarian principle of 'do no harm / do less harm'.
N/A	(l) the APS promotes equity in employment	The process for including individuals on the ACC Register will be equitable. However, employment decisions (i.e. selection for a particular deployment) may need to take into account factors such as cultural and gender attitudes in the host country (that would impact upon ability to perform the job effectively), or lack of facilities or support in crisis environments for any employee with disabilities.
N/A	(n) the APS is a career-based service to enhance the effectiveness and cohesion of Australia's democratic system of government	ACC employment is predominantly short-term and thus not career-based.

Schedule 2 - Australian Civilian Corps Code of Conduct

Schedule 2 prescribes the ACC Code of Conduct. The ACC Code of Conduct is based heavily on the APS Code of Conduct set out in section 13 of the Public Service Act as in force at the time when the Regulations were made, with some of the provisions broadened to ensure adequate coverage of ACC employees. In addition, the ACC Code of Conduct includes relevant elements of the AusAID Code of Conduct for Overseas Service (AusAID Overseas Code), which applies to APS employees engaged in AusAID who are on duty overseas. The following table compares the ACC Code of Conduct with the APS Code of Conduct.

ACC Code of Conduct	Equivalent APS Code of Conduct	Comments
1. An Australian Civilian Corps employee must act at all times in a way that upholds the Australian Civilian Corps Values and the integrity and good reputation of the Australian Civilian Corps.	(11) An APS employee must at all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS.	Same as the APS Code of Conduct (APS Code).
2. An Australian Civilian Corps employee must, while deployed overseas, behave in a way that upholds the good reputation of Australia at all times.	(12) An APS employee on duty overseas must at all times behave in a way that upholds the good reputation of Australia.	Amended 'on duty overseas' to 'while deployed overseas' to clarify the intention that this obligation applies to a deployee overseas even when the deployee is not performing official duties, including when the deployee is on leave in a country other than the host country during the term of his or her deployment. ACC employees deployed overseas are seen as representatives of Australia, not only in the performance of their official functions but also in the manner in which they conduct themselves as private individuals. The scope of this duty is consistent with that of the duty under the Codes of Conduct that apply to AusAID employees posted overseas at present.
3. An Australian Civilian Corps employee must behave honestly, ethically and with integrity in connection with Australian Civilian Corps employment.	(1) An APS employee must behave honestly and with integrity in the course of APS employment.	Paragraphs 3, 4 and 5 of the ACC Code are closely modelled on provisions of the APS Code, but use the phrase 'in connection with Australian Civilian Corps employment', which is broader than 'in the course of APS employment'. This is because ACC employees overseas are more 'visible' than APS employees in Australia and therefore a higher standard of behaviour is expected.
4. An Australian Civilian Corps employee must act with care and diligence in connection with Australian Civilian Corps employment.	(2) An APS employee must act with care and diligence in the course of APS employment.	See comments above in relation paragraph 3.
5. An Australian Civilian Corps employee must, when acting in connection with Australian Civilian Corps employment, treat everyone with respect, courtesy and dignity, and without harassment.	(3) An APS employee, when acting in the course of APS employment, must treat everyone with respect and courtesy, and without harassment.	Substantially the same as APS Code. See also comments above in relation to paragraph 3.
6. An Australian Civilian Corps employee must, at all times, be culturally sensitive in the host country, or any other country in which he or she is travelling.	N/A	No equivalent provision in APS Code of Conduct. Included to reflect the nature of ACC deployments, and is consistent with the AusAID Overseas Code.
7. An Australian Civilian Corps employee must, at all times while deployed overseas, comply with all applicable laws of Australia, the host country and any other country in which he or she is travelling.	(4) An APS employee, when acting in the course of APS employment, must comply with all applicable Australian laws ...	To reflect the nature of ACC deployments, this provision refers to applicable laws of the host country and other relevant countries, as well as Australian laws. ACC employees spend most of their time overseas. While deployed overseas, they are expected to comply with applicable laws 'at all times' rather than just in the course of employment. This is consistent with the language used in paragraph 2 of the ACC Code. In particular, the requirement to comply with applicable laws under paragraph 7 is intended to apply to an ACC employee even when he or she is not performing official duties, and when he or she is on leave in a country other than the host country during the term of his or her deployment. The AusAID Director General would issue directions to give instructions on how to deal with situations where an ACC employee is subject to conflicting laws.
8. An Australian Civilian Corps employee must comply with any lawful and reasonable direction given by: (a) a senior AusAID Officer who has authority to give the direction; and (b) while overseas -- the Australian Head of Mission or, when there is no Australian Head of Mission in the host country, the senior representative of the Australian Government to the host country.	(5) An APS employee must comply with any lawful and reasonable direction given by someone in the employee's Agency who has authority to give the direction.	The wording of this provision differs from the equivalent provision in the APS Code because the Head of Mission has overall responsibility for Commonwealth employees in a host country. The AusAID Director General's directions would clarify the meaning of 'senior AusAID officer who has authority to give the direction' and 'senior representative of the Australian Government to the host country'. The Director General's directions would also deal with situations where an employee is subject to multiple (and potentially conflicting) lines of command and control.
9. An Australian Civilian Corps employee must not engage in sexual exploitation or abuse of any person in the host country, whether that person is a child or adult.	N/A	No equivalent provision in APS Code. Included in light of the unique environments in which the ACC will operate.
10. An Australian Civilian Corps employee must not engage in behaviour that compromises the safety, security or health of themselves or others.	N/A	No equivalent provision in APS Code. Included to reflect the nature of ACC deployments.
11. An Australian Civilian Corps employee must disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with Australian Civilian Corps employment.	(7) An APS employee must disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment.	Same as APS Code.
12. An Australian Civilian Corps employee must not make improper use of: (a) inside information; or (b) the employee's duties, status, power or authority; in order to gain, or seek to gain, a benefit or advantage for the employee or for any other person.	(10) An APS employee must not make improper use of: (a) inside information; or (b) the employee's duties, status, power or authority; in order to gain, or seek to gain, a benefit or advantage for the employee or for any other person.	Same as APS Code.
13. An Australian Civilian Corps employee must not accept gifts, benefits, hospitality or advantages that are offered in connection with his or her duties, status, power or authority, except in accordance with directions issued by the Director-General of AusAID under the Act from time to time.	N/A	No equivalent provision in APS Code. Included to reflect the nature of ACC deployments, and is consistent with the AusAID Overseas Code. The AusAID Director General's directions relating to acceptance of gifts would form part of the directions to be given under section 16 of the Act, which would be a disallowable legislative instrument (similar to regulations) and would be publicly available.
14. An Australian Civilian Corps employee must use any government resources in a proper manner.	(8) An APS employee must use Commonwealth resources in a proper manner.	Based on APS Code, but amended to refer to 'any government resources' to cover both Australian Government resources and resources of any other governments, such as the host government, that may be available for use by an ACC employee.
15. An Australian Civilian Corps employee must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee's Australian Civilian Corps employment.	(9) An APS employee must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee's APS employment.	Same as APS Code.
16. An Australian Civilian Corps employee must not disclose confidential information to any person, including the media, which the employee obtains or generates in connection with Australian Civilian Corps employment unless: (a) the disclosure is necessary to enable the employee to perform his or her duties; or (b) the information is disclosed in accordance with an authorisation given by the AusAID Director-General or a relevant delegate; or (c) the disclosure is otherwise required or authorised by law.	(6) An APS employee must maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister's member of staff.	The confidentiality obligation under the ACC Code is broader than that under the APS Code, and covers confidential information including but not limited to dealings with Ministers and their staff. Failure to comply with this provision would not only be in breach of the ACC Code, but may also constitute an offence against the Crimes Act 1914 for unauthorised disclosure of official information or official secret.
17. An Australian Civilian Corps employee must take reasonable steps to ensure that members of his or her household: (a) comply with applicable local laws; and (b) are culturally sensitive, at all times, to people in the host country; and (c) do not adversely affect the good reputation of Australia; and (d) do not engage in behaviour that compromises the safety of themselves or others.	N/A	No equivalent provision in APS Code. Included to reflect the nature of ACC deployments, drawing on relevant elements of the AusAID Overseas Code.
18. An Australian Civilian Corps employee overseas must inform the senior representative of the Australian Government to the host country as soon as practicable if: (a) the employee, or a member of his or her household, comes to the notice of the local law enforcement authorities; or (b) the employee becomes aware of serious criminal misconduct by an Australian citizen in the host country, unless it is reasonable for the employee to believe that it has already come to the attention of the senior representative.	N/A	No equivalent provision in APS Code of Conduct. Included to reflect the nature of ACC deployment, drawing on relevant elements of the AusAID Overseas Code.
N/A	(13) An APS employee must comply with any other conduct requirement that is prescribed by the regulations.	Not applicable to the ACC. The Act provides for the ACC Code of Conduct to be set out in the regulations. The Act does not provide for further conduct requirements to be prescribed in addition to the Code of Conduct.

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