Financial Framework Legislation Amendment Act 2010 (148 of 2010)

Schedule 2   Amendment of the Australian Law Reform Commission Act 1996

Part 2   Transitional provisions

62   Regulations

(1) The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Schedule to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.

(2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.

(3) Without limiting subitem (2), the regulations may prescribe matters of a transitional nature in relation to the transfer of staff from the old Commission to the new Commission and, in particular, may provide for:

(a) the way in which the entitlements and obligations of the staff of the old Commission are to be treated on the transfer of staff; or

(b) staffing procedures of the old Commission to apply, or to continue to apply, in relation to:

(i) processes begun before, but not completed when, this Schedule commences; or

(ii) things done by, for or in relation to the old Commission or a staff member of the old Commission before this Schedule commences; or

(c) staffing procedures of the new Commission to apply in relation to:

(i) processes begun before, but not completed when, this Schedule commences; or

(ii) things done by, for or in relation to the old Commission or a staff member of the old Commission before this Schedule commences.

(4) Regulations made under subitem (1) have effect despite:

(a) the Fair Work Act 2009; or

(b) the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or

(c) the Public Service Act 1999.

(5) In this item:

new Commission means the Commission as it exists after this Schedule commences.

old Commission means the Commission as it existed immediately before this Schedule commenced.

staffing procedures includes procedures and policies, and any actions or decisions taken under or in accordance with those procedures and policies, that relate to the following:

(a) recruitment, probation, or promotion;

(b) performance management or appraisal;

(c) inefficiency, misconduct, forfeiture of position, or fitness for duty;

(d) conditions of continued employment, including failure to gain, or loss of, essential qualifications or clearances;

(e) disciplinary action;

(f) grievance processes or reviews of, or appeals against, staffing decisions;

(g) transfers, redundancy, resignations, or termination of employment;

(h) leave.