House debates

Tuesday, 22 March 2011

Australian Civilian Corps Bill 2010

Consideration of Senate Message

Consideration resumed from 21 March.

Senate’s amendments—

(1)    Clause 5, page 3 (after line 22), after the definition of overseas, insert:

Presiding Officer means:

             (a)    the President of the Senate; or

             (b)    the Speaker of the House of Representatives.

(2)    Clause 17, page 7 (line 9), omit “employees; and”, substitute “employees.”.

(3)    Clause 17, page 7 (lines 10 to 17), omit paragraph (6)(c).

(4)    Clause 17, page 7 (lines 18 to 21), omit subclause (7).

(5)    Page 7 (after line 28), after clause 17, insert:

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 Director-General 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 Director-General must not arrange for a person to conduct a review under this section unless the Director-General 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 Director-General; or

             (b)    an APS employee in AusAID; or

             (c)    an Australian Civilian Corps employee.

        (7)    The Director-General must not arrange for a committee to conduct a review under this section unless the Director-General 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 Director-General; or

             (b)    an APS employee in AusAID; 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.

(6)    Clause 23, page 10 (line 10), before “The Director-General”, insert “(1)”.

(7)    Clause 23, page 10 (after line 13), at the end of the clause, add:

        (2)    The notice must set out the ground or grounds for the termination.

(8)    Clause 27, page 13 (after line 6), at the end of the clause, add:

        (4)    Paragraph (2)(a) does not apply to a grant of leave to an employee unless the employee has requested the leave.

(9)    Page 15 (after line 8), after clause 29, insert:

29A Prohibition of patronage and favouritism

                 A person exercising powers under this Act or the regulations:

             (a)    in relation to the engagement of Australian Civilian Corps employees; or

             (b)    otherwise in relation to Australian Civilian Corps employees;

must do so without patronage or favouritism.

4:45 pm

Photo of Kevin RuddKevin Rudd (Griffith, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

I move:

That the amendments be agreed to.

Over the past few years, we have witnessed the unfolding of many natural disasters and many conflicts across the world, far too many for all of us. Regardless of their causes, disasters and conflicts shake nations and communities to their absolute core. The familiar is replaced by the unfamiliar. We have a natural instinct to want to help when our fellow human beings are in trouble. The Australian Civilian Corps has been to set up to do exactly this. Australians are among the most generous people in the world, so it is no surprise that, when disaster strikes, one of the most common questions that people ask is: how can I help? The Civilian Corps will provide another way for Australians to help out in times of crisis across the world.

Australia is joining other members of the international community in establishing a capacity for deploying civilian specialists. This idea emerged from the 2020 Summit in 2008. This is an important initiative that enables rapid deployment of skilled civilian specialists to assist countries experiencing or emerging from natural disaster or conflict. Australians will assist these countries to restore essential services, rebuild government institutions and support economic and social stability. The corps will have the flexibility to deploy in a stand-alone capacity or alongside Australian military or police personnel. In some cases, the corps may work closely with civilian corps from other countries, including the United States, the United Kingdom and Canada.

The Australian Civilian Corps Bill 2010, incorporating a number of government amendments, has now passed the Senate. The government amendments address the recommendations by the Senate Foreign Affairs, Defence and Trade Legislation Committee. As recommended by the Senate Foreign Affairs, Defence and Trade Legislation Committee, the bill has been amended to provide for external instead of internal review of decisions made by the Director-General of AusAID concerning the contract of Civilian Corps personnel. A number of minor amendments have also been made to implement other recommendations that are consistent with the intention of the bill. For example, the bill has been amended to expressly prohibit patronage and favouritism in relation to the engagement of Civilian Corps employees.

I thank the senators who spoke on the bill yesterday for their strong support for this legislation. If you are ever thinking about a career change, I would say to those in the Senate—and perhaps also to those in the House—that the Australian Civilian Corps lies waiting for you.

I would like to provide some clarification of a number of the issues raised in the debate. The Australian government takes its responsibility for the safety of Civilian Corps personnel seriously. Before AusAID conducts a deployment, a comprehensive security assessment will be undertaken. The risks will be anticipated and we anticipate also to manage those risks appropriately. The Director-General of AusAID will ensure appropriate safety and security arrangements are in place for Civilian Corps personnel, in compliance with AusAID’s legal obligations as the employer of those personnel, in order to mitigate those risks.

As to who will determine whether a person will be deployed as an AusAID employee or a Civilian Corps employee, the Director-General of AusAID is best placed to make operational and staffing decisions based on the particular requirements of the host country.

This is a significant initiative: $52.3 million has been allocated over five years to meet the costs associated with the establishment of the Australian Civilian Corps and to manage its operations. Accordingly, the bill itself has no financial implication. AusAID aims to build a register of 500 trained personnel for the Austrian Civilian Corps by 2014. To date, 47 civilian specialists have been selected, screened and trained for inclusion in the Australian Civilian Corps register, and recruitment is ongoing. I am pleased to inform the House that the first deployment from the register is expected to be to Haiti next month. This deployment will complement Australia’s $24 million commitment to help rebuild Haiti following the devastating earthquake in 2010 that killed more than 200,000 people.

By providing an employment framework tailored to the Civilian Corps, the bill enhances Australia’s capacity to meet both the needs of developing countries and the desire of Australians to lend a hand. The corps will make a significant difference to those receiving assistance but will also make a difference to the lives of Australians. It gives Australians the opportunity to make a meaningful contribution to the lives of those struggling to recover after disaster and conflict. There is no better feeling than helping to lift others up when they have been knocked down.

This is a good piece of legislation; it is a good piece of public policy. I commend those opposite on the bipartisan spirit they have brought to this legislation both in the House and in the Senate. Once again, I commend the legislation.

4:51 pm

Photo of Ms Julie BishopMs Julie Bishop (Curtin, Liberal Party, Deputy Leader of the Opposition) Share this | | Hansard source

I am pleased to again speak in support of the Australian Civilian Corps Bill 2010, with the amendments. The events of the past few months have given us reason to reflect on the terrible impact of natural disasters and the need for a coordinated response effort. Disaster after disaster has been felt not only here at home but also by our friends abroad. Australians were united in grief as images from Christchurch were relayed into our living rooms and again when the Japan earthquake occurred, where the loss of life, devastation and destruction were on an unimaginable scale. We have also witnessed historic moments in Egypt and Tunisia, where freedom has emerged from years of repression and is looking to take root. Out of these movements, a window of opportunity has opened for Australia and other members of the international community to work with the people of Egypt and Tunisia to bring about long-lasting reform.

In speaking on this matter last year, I did raise two concerns. The first concerned the financial impact of the bill. While the explanatory memorandum stated that there would be no financial impact from the bill, according to AusAID:

The Australian Government will provide $52 million to enable the rapid deployment of Australian civilians into overseas disaster or conflict affected countries.

It was important that this confusion was removed.

My second concern related to the potential for a conflict of interest involving government employees. Given that many of the eligible public sector employees will be existing staff of AusAID, it is important that safeguards are put in place to ensure that potential conflicts of interest are properly managed. For these reasons the coalition recommended that the bill be referred to a Senate committee for inquiry and the Senate Committee on Foreign Affairs, Defence and Trade has looked at both these matters and has reported back to parliament.

I note the strong support from the committee for this bill. While questions still remain over the final cost of the initiative, the coalition accepts the view of the committee that matters relating to the cost of the program will become clearer as the Australian Civilian Corps is further refined. The coalition also accepts the view of the committee and the Australian Public Service Commission that existing procedures governing the Australian Public Service are sufficient to manage the selection and management of personnel on the Australian Civilian Corps Register. We join with the committee in calling on the government to ensure that ‘the selection process is transparent without patronage or favouritism and based on merit’. In referring the bill to the committee, the coalition has acted to strengthen what is an important step forward in Australia’s overseas development program and a valuable way of encouraging development and reconstruction in other parts of the world. I commend the bill to the House.

Question agreed to.