Footnotes

Chapter 1 - Introduction

[1]        Selection of Bills Committee, Report No. 11 of 2010, 30 September 2010, Appendix 2.

Chapter 2 - Background to the bill

[1]        UN Security Council, 'Security Council hears 60 speakers, asks Secretary-General to advise organisation within one year on best ways to support national peace building efforts', 20 May 2008. SC/933, http://www.un.org/News/Press/documents/2008/sc9333.doc.htm (accessed 2 July 2009) and UN Security Council, Annex to letter dated 2 May 2008 from the Permanent Representative of the UK to the UN addressed to the President of the Security Council, S/2008/291.

[2]        United Nations Security Council, 'Report of the Secretary-General on peace-building in the immediate aftermath of conflict, S/2009/304'. S/PV.61, 22 July 2009, p. 4.

[3]        United Nations, General Assembly, Security Council, 'Report of the Secretary-General on peacebuilding in the immediate aftermath of conflict' A/63/881–S/2009/304, 11 June 2009, http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/PCS%20S%202009%20304.pdf (accessed 22 October 2010).

[4]        Queensland Government, Environment Protection Agency, 'Fact Sheet Solomon Islands tsunami', updated 16 May 2007; and AusAID, Solomon Islands, http://www.ausaid.gov.au/country/country.cfm?CountryID=16&Region=SouthPacific (accessed 6 January 2009).

[5]        UN Office for the Coordination of Humanitarian Affairs, Regional Office for Asia and the Pacific, 'Papua New Guinea: Tens of thousands displaced by coastal flooding', Humanitarian News, 12 December 2008.

[6]        UN News service, 'Over 3,000 Samoans left homeless by deadly Pacific tsunami', http:www.un.org/apps/news/printnews.asp?nid=32443 (accessed 8 October 2009).

[7]        See AusAID website, 'Responding to regional disasters', Archived http://www.ausaid.gov.au/hottopics/topic.cfm?ID=6431_7034_6666_3570_5245 (accessed 22 October 2010).

[8]        For example, in 2008, the committee found that to achieve an effective whole-of-government training framework for civilian deploying to an overseas operation, the Australian Government 'must find a way to integrate the separate training programs and ad hoc courses into a coherent whole.'  It went on to suggest that a central agency was required to provide overarching strategic guidance and planning. See Standing Committee on Foreign Affairs, Defence and Trade, Australia's involvement in peacekeeping operations, August 2008, p. 179.

[9]        Australia 2020, Australia 2020 Summit Final Report, Commonwealth of Australia 2008, p. 367.

[10]      Australia 2020, Australia 2020 Summit Final Report, Commonwealth of Australia 2008, p. 378.

[11]      Australian Government, Responding to the Australia 2020 Summit, Commonwealth of Australia, 2009, p. 227 or p. 240, http://www.australia2020.gov.au/docs/government_response/2020_summit_response_full.pdf (accessed 22 October 2010).

[12]      Committee Hansard, 19 June 2009, pp. 40–41.

[13]      Statement by the Hon. Stephen Smith MP , Minister for Foreign Affairs and the Hon Bob McMullan MP, Parliamentary Secretary for International Development Assistance, Budget Australia's International development Assistance Program, A Good International Citizen, 12 May 2009, p. 41.

[14]      AusAID, The Australian Civilian Corps, Supporting stabilisation and recovery from disaster and conflict, January 2010.

[15]      AusAID, The Australian Civilian Corps, Supporting stabilisation and recovery from disaster and conflict, January 2010, pp. 3 and 16.

[16]      AusAID, The Australian Civilian Corps, Supporting stabilisation and recovery from disaster and conflict, January 2010, pp. 12–13.

[17]      AusAID, The Australian Civilian Corps, Supporting stabilisation and recovery from disaster and conflict, January 2010, p. 19.

[18]      AusAID, The Australian Civilian Corps, Supporting stabilisation and recovery from disaster and conflict, January 2010, p. 20 and Statement by the Hon. Stephen Smith MP , Minister for Foreign Affairs and the Hon Bob McMullan MP, Parliamentary Secretary for International Development Assistance, Budget Australia's International Development Assistance, A Good International Citizen, 11 May 2010, p. 31.

[19]      Anthony Bergin and Bob Breen, 'Rudd's Army: A Deployable Civilian Capacity for Australia', Policy Analysis, Australian Strategic Policy Institute, 25 May 2009.

[20]      Submission 3, p. 1.

[21]      Submission 3, p. 1.

Chapter 3 - Provisions of the bill

[1]        Explanatory Memorandum, Outline and paragraph, 4.

[2]        The Hon. Kevin Rudd, House of Representatives Hansard, 30 September 2010, p. 2.

[3]        See also Explanatory Memorandum, paragraph 20.

[4]        Clause 18.

[5]        Explanatory Memorandum, paragraph 54.

[6]        Subclause 19(2) and 19(3).

[7]        These examples were given in the Explanatory Memorandum , paragraph 54.

[8]        Explanatory Memorandum, paragraph 56.

[9]        Clause 19(6).

[10]      Submission 3, p. [3].

[11]      AusAID website, 'Australian Civilian Corps', http://www.ausaid.gov.au/acc/ (accessed 29 October 2010).

[12]      Selection of Bills Committee, Report No. 11 of 2010, 30 September 2010, Appendix 2.

[13]      Submission 2.

[14]      Submission 1 (made to the first inquiry).

[15]      Submission 1 (made to the first inquiry).

[16]      Subsection 3(a), Public Service Act 1999.

[17]      Explanatory Memorandum, paragraphs 27–28.

[18]      AusAID, The Australian Civilian Corps, Supporting stabilisation and recovery from disaster and conflict, January 2010, p. 17.

[19]      Clause 13.

[20]      Clause 15.

[21]      Clause 15.

[22]      Explanatory Memorandum, paragraphs 33–34.

[23]      Subclause 15(2).

[24]      Clause 14 and Explanatory Memorandum, paragraphs 32–34.

[25]      Submission 2.

[26]      Submission 4, p. [3].

[27]      Explanatory Memorandum, paragraph 41.

[28]      Explanatory Memorandum , paragraph 40.

[29]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest, No. 8 of 2010, p. 4.

[30]      Subclause 17(10).

[31]      Explanatory Memorandum, paragraphs 39–43.

[32]      The Explanatory Memorandum provides the following advice: 'There are two fundamental principles of procedural fairness; the hearing rule and the bias rule. The hearing rule requires a decision-maker to give an opportunity to be heard to a person whose interests will be adversely affected by the decision. The bias rule requires a decision-maker to be disinterested or unbiased in the matter to be decided'.  Explanatory Memorandum, paragraphs 45—46. Although not mentioned, another important safeguard ensuring procedural fairness is a person's right to have full knowledge of, and the evidence supporting, the allegation against them.

[33]      Paragraph 33(4)(c), Public Service Act 1999.

[34]      Section 33, Public Service Act 1999.

[35]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest, No. 8 of 2010, p. 5.

[36]      AusAID, The Australian Civilian Corps, Supporting stabilisation and recovery from disaster and conflict, January 2010, pp. 5 and 16.

[37]      Subclause 20(1).

[38]      Explanatory Memorandum, paragraphs 21 and 60–62. Subclause states that the Act has effect subject to the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

[39]      See for example note to Subclause 20(2). The Minister for Foreign Affairs stated that ACC employees would 'have all the rights and protections afforded to Commonwealth employees, and be covered by the same minimum standards of employment as other Australian employees under the Fair Work Act' The Hon. Kevin Rudd, House of Representatives Hansard, 30 September 2010, p. 2.

[40]      Submission 3, p. [2].

[41]      Submission 3, p. [4].

[42]      Submission 3, p. [4].

[43]      Submission 2.

[44]      Submission 3, p. [4].

[45]      Submission 3, pp. [5–6].

[46]      Submission 3, p. [6] is referring to s.22, Fair Work Act 2009.

[47]      Submission 3, p. [6] is referring to s.22(2)(b)(i), Fair Work Act 2009.

[48]      Submission 3, p. [6] is referring to s.109(2) Fair Work Act 2009.

[49]      Submission 3, p. [6].

[50]      Submission 3, p.[ 6].

[51]      Submission 3, p. [4].

[52]      Clause 23.

[53]      Section 29, Public Service Act 1999.

[54]      See sections 16, 17 and 18, Public Service Act 1999.

[55]      Selection of Bills Committee, Report No. 11 of 2010, 30 September 2010, Appendix 2.

[56]      Explanatory Memorandum, paragraphs 55–57.

[57]      AusAID, The Australian Civilian Corps, Supporting stabilisation and recovery from disaster and conflict, January 2010, p. 11.

[58]      AusAID, The Australian Civilian Corps, Supporting stabilisation and recovery from disaster and conflict, January 2010, p. 11.

[59]      AusAID, The Australian Civilian Corps, Supporting stabilisation and recovery from disaster and conflict, January 2010, p. 17.

[60]      Submission 3, p. [5].

[61]      Submission 3, p.[ 5].

[62]      Submission 4, p. [4].

[63]      Senate Standing Committee on Foreign Affairs, Defence and Trade, Australia's involvement in peacekeeping operations, August 2008, pp. 177–8. Government Response to the Senate Standing Committee on Foreign Affairs, Defence and Trade report on Australia's involvement in peacekeeping operations, response to recommendation 11 and 12.

[64]      Submission 4, p. [5].

[65]      Submission 3, p. [7].

[66]      Submission 3, pp. [6–7].

[67]      Explanatory Memorandum, paragraph 75.

[68]      Submission 3, p. [7].

[69]      Submission 1.

[70]      Submission 3, p. [6].

[71]      Submission 2.

[72]      Submission 3, pp. [4–5].

[73]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest, No. 8 of 2010, pp. 6–7.

[74]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest, No. 8 of 2010, p. 7.

[75]      Selection of Bills Committee, Report No. 11 of 2010, 30 September 2010, Appendix 2.

[76]      AusAID website, 'New Australian Civilian Corps to assist in disaster and conflict zones', Focus online, Archived, 27 October 2009, http://www.ausaid.gov.au/hottopics/topic.cfm?ID=7115_4988_8043_4374_974

[77]      Explanatory Memorandum, paragraph 25.