Intelligence Services Amendment (Establishment of the Australian Signals Directorate) Act 2018 (25 of 2018)
Schedule 1 Amendments
Part 1 Main amendments
Intelligence Services Act 2001
29 After Part 5
Insert:
Part 5A - Staff of ASD
38A Employment of staff
Employees
(1) The Director-General of ASD may, on behalf of the Commonwealth, employ by written agreement such employees of ASD as the Director-General thinks necessary for the purposes of this Act.
(2) The Director-General of ASD, on behalf of the Commonwealth, has all the rights, duties and powers of an employer in respect of the engagement, and employment, of employees of ASD.
(3) The Director-General of ASD may determine the terms and conditions on which employees are to be employed. Before making a determination the Director-General must consult with the employees who are to be subject to the terms and conditions of the determination.
Termination of employment
(4) The Director-General of ASD may, at any time, by written notice, terminate the employment of a person employed under subsection (1).
Note: The Fair Work Act 2009 has rules and entitlements that apply to termination of employment.
38B Consultants
(1) The Director-General of ASD may, on behalf of the Commonwealth, engage as consultants persons having suitable qualifications and experience to assist in the performance of ASD's functions.
(2) The engagement of a consultant must be by written agreement.
(3) The terms and conditions of engagement are those that the Director-General of ASD determines in writing.
38C Contracted service providers
(1) The Director-General of ASD may, on behalf of the Commonwealth, engage a contracted service provider to assist in the performance of the ASD's functions.
(2) The engagement of a contracted service provider must be by written agreement.
(3) The terms and conditions of engagement are those that the Director-General of ASD determines in writing.
38D Secondment of employees of ASD
Secondment
(1) The Director-General of ASD may, in writing, arrange for an employee of ASD to be seconded for a specified period to a body or organisation whether within or outside Australia.
Termination of secondment
(2) The Director-General may at any time, by notice given to the body or organisation to which an employee of ASD is seconded under subsection (1), terminate the secondment.
38E Secondment of persons to ASD
(1) The Director-General of ASD may, by written agreement with a body or organisation (whether within or outside Australia), arrange for a person who is an officer, employee or other member of staff of the body or organisation to be made available to ASD to perform services in connection with the performance of its functions or the exercise of its powers.
(2) The terms and conditions (including remuneration and allowances) applicable to a person performing services under an agreement are those specified in the agreement.
38F Applicability of principles of the Public Service Act 1999
Although employees of ASD are not employed under the Public Service Act 1999, the Director-General of ASD must adopt the principles of that Act in relation to employees of ASD to the extent to which the Director-General considers they are consistent with the effective performance of the functions of ASD.
38G Voluntary moves to APS
(1) Section 26 of the Public Service Act 1999 applies in relation to an employee of ASD as if the employee were an APS employee and ASD were an APS Agency.
(2) An employee of ASD who moves to an APS Agency under that section is entitled to have his or her employment, as an employee of ASD, treated as if it were:
(a) employment as an APS employee; and
(b) at a corresponding classification, as agreed between the Director-General of ASD and the Public Service Commissioner.
38H Staff grievances
(1) The Director-General of ASD must:
(a) establish procedures relating to the consideration of grievances of employees and former employees of ASD; and
(b) determine the classes of ASD actions that are to be subject to the grievance procedures.
(2) In establishing the procedures and determining the classes of action, the Director-General of ASD must:
(a) adopt the principles of the Public Service Act 1999 to the extent to which the Director-General considers they are consistent with the effective performance of the functions of ASD; and
(b) consult with the employees of ASD.
(3) In this section:
action includes a refusal or failure to act.
ASD action means action taken after the commencement of this section by the Director-General of ASD or an employee of ASD that relates to the employment of an employee of ASD.