Australian Sports Anti-Doping Authority (Consequential and Transitional Provisions) (Transfer of Staff) Regulations 20061 Select Legislative Instrument 2006 No. 46
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Sports Anti-Doping Authority (Consequential and Transitional Provisions) Act 2006. Dated 10 March 2006 P. M. JEFFERY Governor-General By His Excellency’s Command C. R. KEMP Minister for the Arts and Sport
Contents                         1     Name of Regulations                                                        3                         2     Commencement                                                              3                         3     Definitions                                                                       3                         4     Long service leave                                                            4                         5     When disciplinary action commenced                                5                         6     When decision finally determined                                      5                         7     Purpose of these Regulations                                           5                         8     Recruitment action relating to engagement or promotion commenced but not decided by commencement                                                               5                         9     Recruitment action relating to engagement or promotion decided but not effective by commencement                                                               6                        10     Transfer processes commenced but not decided by commencement   7                        11     Transfer processes decided but not effective by commencement         7                        12     Disciplinary action process — pre-commencement misconduct for which disciplinary action has commenced                                                                    8                        13     Disciplinary action process — pre-commencement misconduct for which no disciplinary action has commenced                                                                    9                        14     Certain staffing procedures commenced but not finally determined by commencement  9                        15     Termination of employment commenced but not finally determined by commencement  10                        16     Grievance processes commenced but not finally determined by commencement          10                        17     Review of action processes commenced after commencement            10                        18     Review of decisions and determinations                           11                        19     ASADA Chair to perform functions of Chief Executive        11                        20     Delegations                                                                   11  
       
1              Name of Regulations                 These Regulations are the Australian Sports Anti-Doping Authority (Consequential and Transitional Provisions) (Transfer of Staff) Regulations 2006.
2              Commencement                 These Regulations commence on the day on which section 20 of the Australian Sports Anti-Doping Authority Act 2006 commences.
3              Definitions                 In these Regulations: Act means the Australian Sports Anti-Doping Authority (Consequential and Transitional Provisions) Act 2006. ASADA means the Australian Sports Anti-Doping Authority established under the Australian Sports Anti-Doping Authority Act 2006. ASDA Policies and Guidelines means the policies and guidelines relating to staffing procedures in ASDA, as in effect immediately before the commencement. ASDA Rules means the old law, the ASDA Terms and Conditions of Employment and the ASDA Policies and Guidelines. ASDA Terms and Conditions of Employment means the terms and conditions relating to the employment of members of the staff of ASDA, as in effect immediately before the commencement. Chief Executive means the Chief Executive of the Australian Sports Drug Agency before the commencement. commencement means the day on which section 20 of the Australian Sports Anti-Doping Authority Act 2006 commences. incomplete grievance process means a grievance process:                 (a)    that a member of the staff of ASDA commenced, in accordance with the ASDA Rules, before the commencement; and                (b)    for which no decision has been finally determined. old law means the Australian Sports Drug Agency Act 1990 as in force before the commencement. pre-commencement misconduct means misconduct of a member of the staff of ASDA that was committed before the commencement and that was misconduct for the purposes of the ASDA Rules. pre-commencement period means the period commencing 3 months before the commencement and ending immediately before the commencement. Public Service Act means the Public Service Act 1999, and includes regulations made under that Act and any instruments made under that Act or those regulations. staffing procedures includes procedures and policies related to recruitment, promotion, performance management, inefficiency, misconduct, forfeiture of position, fitness for duty, loss of essential qualifications, disciplinary action, reviews of or appeals against staffing decisions, transfers, redundancy, resignations, termination of employment, grievance processes and leave. Note   The following terms used in these Regulations are defined in the Act: ·      ASADA Chair ·      ASDA.
4              Long service leave           If:                 (a)    a member of the staff of ASDA transfers, or is transferred, to ASADA; and                (b)    previous employment of the staff member could have been taken into account for the purposes of calculating the staff member’s entitlement to long service leave as a member of the staff of ASDA; the previous employment must be taken into account in a similar manner for the purposes of calculating the staff member’s entitlement to long service leave as an employee of ASADA.
5              When disciplinary action commenced                 In these Regulations, disciplinary action is taken to have been formally commenced when the person suspected of misconduct is notified, in writing, about the disciplinary action (other than counselling) to be taken against the person.
6              When decision finally determined                 In these Regulations, a decision is finally determined if:                 (a)    the decision is not, or is no longer, subject to any form of review or appeal under the ASDA Rules; or                (b)    the decision was subject to review or appeal under the ASDA Rules but the period within which such review or appeal could have been instituted has ended without a review or appeal having been commenced.
7              Purpose of these Regulations                 These Regulations prescribe matters of a transitional nature in relation to the transfer of staff from ASDA to ASADA.
8              Recruitment action relating to engagement or promotion commenced but not decided by commencement          (1)   This regulation applies to a vacancy or an expected vacancy in ASDA:                 (a)    that was notified, during the pre-commencement period:                           (i)    in the Gazette; or                          (ii)    on an Internet website established by ASDA; or                          (iii)    in the print media; or                         (iv)    by means of ASDA internal recruitment procedures; and                (b)    in relation to which no decision has been made to engage or promote a person.          (2)   The ASADA Chair may continue an engagement or promotion action for a vacancy or an expected vacancy to which this regulation applies.          (3)   If the ASADA Chair continues an engagement or promotion action, the ASADA Chair must:                 (a)    do so in accordance with the Public Service Act; and                (b)    make a decision in relation to the engagement or promotion within 3 months after the commencement.
9              Recruitment action relating to engagement or promotion decided but not effective by commencement          (1)   This regulation applies to a decision to engage a person as a member of the staff of ASDA, or to promote a person to a vacancy or expected vacancy in ASDA, if the decision was made during the pre-commencement period but the decision has not taken effect.          (2)   A decision to which this regulation applies may be given effect by the ASADA Chair in accordance with the terms of the decision, if the decision is given effect within 3 months after the commencement.          (3)   If a decision mentioned in subregulation (1) is given effect by the ASADA Chair in accordance with subregulation (2), that decision continues to have effect as if it were made under the Public Service Act.
10            Transfer processes commenced but not decided by commencement          (1)   This regulation applies to a transfer process in ASDA:                 (a)    that was commenced during the pre-commencement period; and                (b)    in relation to which no decision has been made to transfer a person.          (2)   The ASADA Chair may continue a transfer process to which this regulation applies.          (3)   If the ASADA Chair continues a transfer process, the ASADA Chair must:                 (a)    do so in accordance with the Public Service Act; and                (b)    make a decision in relation to the transfer within 3 months after the commencement.
11            Transfer processes decided but not effective by commencement          (1)   This regulation applies to a decision to transfer a member of the staff of ASDA if the decision was made during the pre-commencement period but the decision has not taken effect.          (2)   A decision to which this regulation applies may be given effect by the ASADA Chair in accordance with the terms of the decision, if the decision is given effect within 3 months after the commencement.          (3)   If a decision mentioned in subregulation (1) is given effect by the ASADA Chair in accordance with subregulation (2), that decision continues to have effect as if it were made under the Public Service Act.
12            Disciplinary action process — pre-commencement misconduct for which disciplinary action has commenced          (1)   This regulation applies to pre-commencement misconduct committed by a member of the staff of ASDA who has transferred to ASADA, being misconduct:                 (a)    that, at the time it was committed, involved a suspected breach of the ASDA Rules; and                (b)    for which disciplinary action has been formally commenced in accordance with the ASDA Rules; and                 (c)    for which no decision has been finally determined.          (2)   The ASADA Chair may continue with disciplinary action in relation to pre-commencement misconduct to which this regulation applies, and give effect to a decision that finally determines that pre-commencement misconduct, in accordance with the ASDA Rules.          (3)   The ASADA Chair may impose, on an employee of ASADA who has committed pre-commencement misconduct, any sanction that the Chief Executive could have imposed under the ASDA Rules.          (4)   A sanction imposed under this regulation has effect as if it were imposed under the Public Service Act.          (5)   If a decision mentioned in subregulation (2) is imposed by the ASADA Chair, that decision continues to have effect as if it were made under the Public Service Act.
13            Disciplinary action process — pre-commencement misconduct for which no disciplinary action has commenced          (1)   This regulation applies to pre-commencement misconduct committed by a member of the staff of ASDA who has transferred to ASADA, being misconduct:                 (a)    that, at the time it was committed, involved a suspected breach of the ASDA Rules and that, if the Public Service Act applied to ASDA at that time, would have involved a suspected breach of the Public Service Act; and                (b)    for which disciplinary action has not been formally commenced in accordance with the ASDA Rules.          (2)   The ASADA Chair may, in accordance with the Public Service Act, commence disciplinary action in relation to pre-commencement misconduct to which this regulation applies.
14            Certain staffing procedures commenced but not finally determined by commencement          (1)   This regulation applies to a process related to the inefficiency, redundancy, fitness for duty, loss of essential qualifications, forfeiture of position or performance management of a member of the staff of ASDA who has transferred to ASADA, being a process:                 (a)    that ASDA formally commenced against the staff member before the commencement; and                (b)    for which no decision has been finally determined.          (2)   The ASADA Chair may continue a process to which this regulation applies, and give effect to a decision that finally determines that process, in accordance with the ASDA Rules.          (3)   If a decision mentioned in subregulation (2) is given effect by the ASADA Chair, that decision continues to have effect as if it were made under the Public Service Act.
15            Termination of employment commenced but not finally determined by commencement          (1)   This regulation applies to procedures for the termination of the employment of a member of the staff of ASDA who has transferred to ASADA, being procedures:                 (a)    that ASDA formally commenced against the staff member before the commencement; and                (b)    for which no decision has been finally determined.          (2)   The ASADA Chair may continue procedures for termination to which this regulation applies, and give effect to a decision that finally determines those procedures, in accordance with the ASDA Rules.          (3)   If a termination of employment mentioned in subregulation (1) is given effect by the ASADA Chair in accordance with subregulation (2), that decision has effect as if it were made under the Public Service Act.
16            Grievance processes commenced but not finally determined by commencement          (1)   The ASADA Chair may continue an incomplete grievance process in relation to a member of the staff of ASDA who has transferred to ASADA, and give effect to a decision that finally determines that process, in accordance with the ASDA Rules.          (2)   If a decision mentioned in subregulation (1) is given effect by the ASADA Chair, that decision continues to have effect as if it were made under the Public Service Act.
17            Review of action processes commenced after commencement          (1)   A member of the staff of ASDA who has transferred to ASADA may commence a review of action process in relation to an action that occurred before the commencement.          (2)   The ASADA Chair must determine the review in accordance with the Public Service Act.
18            Review of decisions and determinations                 To avoid doubt, an employee of ASADA against whom the ASADA Chair has made a decision or determination under regulation 8, 10, 13 or 16 may apply, under the Public Service Act, for review of the decision or determination if the Public Service Act allows such review.
19            ASADA Chair to perform functions of Chief Executive                 To the extent required to fulfil obligations, exercise powers or perform functions under these Regulations, the ASADA Chair is authorised, on and after the commencement, to perform the powers, functions and duties that ASDA or the Chief Executive was authorised to perform before the commencement.
20            Delegations          (1)   The ASADA Chair may, in writing, delegate to an employee of ASADA any of the ASADA Chair’s powers or functions under these Regulations.          (2)   A person exercising powers or functions under a delegation made under this regulation must comply with any directions given by the ASADA Chair.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.