National Security Legislation Amendment Act (No. 1) 2014 (108 of 2014)

Schedule 1   ASIO employment etc.

Part 1   Main amendments

Australian Security Intelligence Organisation Act 1979

19   Sections 84 to 89

Repeal the sections, substitute:

84 Employees of the Organisation

Employees

(1) The Director-General may, on behalf of the Commonwealth, employ such persons as he or she considers necessary for the performance of the Organisation's functions and the exercise of the Organisation's powers.

(2) The Director-General may from time to time determine in writing the terms and conditions of employment applying to persons employed under subsection (1).

(3) The Director-General, on behalf of the Commonwealth, has all the rights, duties and powers of an employer in respect of persons employed under subsection (1).

(4) Without limiting subsection (3), the Director-General has, in respect of persons employed under subsection (1), the rights, duties and powers that are prescribed by regulation.

Termination of employment

(5) The Director-General 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.

85 Consultants and contractors

(1) The Director-General may engage persons as consultants or contractors to the Organisation.

(2) An engagement under subsection (1) is to be made:

(a) on behalf of the Commonwealth; and

(b) by written agreement.

86 Secondment of ASIO employees

Secondment

(1) The Director-General may, in writing, arrange for an ASIO employee 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 ASIO employee is seconded under subsection (1), terminate the secondment.

87 Secondment of persons to the Organisation

(1) The Director-General 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 the Organisation to perform services in connection with the performance or the exercise of any of the Organisation's functions or 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.

88 Applicability of principles of the Public Service Act 1999

Although ASIO employees are not employed under the Public Service Act 1999, the Director-General must adopt the principles of that Act in relation to ASIO employees to the extent to which the Director-General considers they are consistent with the effective performance of the functions of the Organisation.

89 Voluntary moves to APS

(1) Section 26 of the Public Service Act 1999 applies in relation to an ASIO employee as if the ASIO employee were an APS employee and the Organisation were an APS Agency.

(2) An ASIO employee who moves to an APS Agency under that section is entitled to have his or her employment, as an ASIO employee, treated as if it were:

(a) employment as an APS employee; and

(b) at a corresponding classification, as agreed between the Director-General and the Australian Public Service Commissioner.