Annex: Personnel Annex

​1. Status

  1. This Annex is made in accordance with clause 10 of the Memorandum of Understanding (Memorandum) between the Australian Customs and Border Protection Service (Customs and Border Protection) and the Department of Agriculture, Fisheries and Forestry (DAFF)
  2. The Parties view this Annex as:
    1. not intending to create any legally binding obligations; and
    2. an opportunity to ensure that there is a nationally consistent approach to their working relationship on specific matters outlined in this Annex.

2. Objectives

  1. The objectives for personnel-related interagency cooperation are to:
    1. encourage a greater interaction and sharing of personnel to achieve optimum outcomes which support a whole-of-government approach;
    2. provide a framework for the management of cross agency personnel matters to enhance border protection and the facilitation of legitimate trade and travel;
    3. standardise where possible shared personnel arrangements; and
    4. promote cooperative arrangements for the development of staff training and development programs, Outposting, Secondment or Temporary Placement programs and other inter-agency personnel agreements.

3. Key Principles

  1. The Memorandum and this Annex provide the basis for the collaborative working relationship between the two agencies in relation to the handling of shared personnel arrangements.
  2. This Annex encourages a sensible and practical approach towards shared personnel arrangements, having regard to the circumstances of each particular case, its significance, seriousness, sensitivity and the availability of resources.
  3. Both agencies acknowledge the need to enhance the learning and development of officers engaged in inter-agency exchanges. Such learning and development activities will align with the Australian Public Service Integrated Leadership System capabilities framework.
  4. Customs and Border Protection and DAFF will ensure the following principles are applied when collaborating and managing shared personnel arrangements:
    1. shared personnel arrangements should promote and achieve effective interagency synergies and common desired outcomes;
    2. shared personnel arrangements should be consistent with a whole‑of‑government outcomes and provide the Parties access to broader skill sets, experience and knowledge; and
    3. both agencies should focus on further strengthening collaborative arrangements, identifying and developing new areas of collaboration, particularly in the areas of Outpostings, Secondments or Temporary Placements, access to facilities and systems and agreed Commonwealth security clearance processes.

4. Operating Principles

  1. Customs and Border Protection and DAFF will apply operating principles to deliver effective and efficient shared personnel arrangements that include access to relevant information, facilities and systems, accommodation and training.
  2. The Parties may enter into arrangements for the Outposting, Secondment or Temporary Placement of officers. The Parties will facilitate all Outposting, Secondments or Temporary Placements through the use of Letters of Exchange setting out details of the arrangement.
  3. Both agencies are committed to achieving efficient arrangements that are robust, well documented and effectively communicated by:
    1. working collaboratively to streamline shared personnel arrangements;
    2. identifying new opportunities for collaboration between both agencies to enhance personnel arrangements which broaden skill sets, knowledge and experience.

5. Training and Development

  1. Both agencies recognise the importance of ensuring that their officers adhere to the systems, procedures and practices existing in both agencies to facilitate an effective ongoing collaborative relationship.
    1. specific training in relation to hardware and/or software applications as well as other features of a database system;
    2. professional development opportunities which would maximise the benefit of a Party and its Outposted, Seconded or Temporarily Placed officer;
    3. sharing and exchange of educational, developmental, and training processes, products and services including:
      1. strategies;
      2. methodologies;
      3. technologies;
      4. learning products and reference materials; and
      5. joint training of ‘Learning and Development’ personnel.
  2. Further, the Parties may enter into arrangements for the:
  3. Subject to resources, both agencies will facilitate or directly provide appropriate training to the officers of the other agency wherever this is practical to do so.
  4. The Parties will consult each other to settle the allocation of responsibility for the cost of providing particular training to the officers of the other Party prior to any training occurring.

6. Assistance with Legal Proceedings

  1. The Parties agree that following the conclusion of an Outposting, Secondment or Temporary Placement, an officer returning to their agency will be made available to provide any necessary assistance in relation to ongoing legal proceedings and attend court as required.

7. Commonwealth Security Clearances

  1. Commonwealth security clearances of an appropriate classification are a necessary precondition for granting access to information or facilities. The Parties will consult and agree on the level of Commonwealth security clearance required for gaining access to particular information or facilities. The appropriate security clearance to be held and maintained by staff will be, as a minimum, equivalent to the highest level of classification of information accessed.
  2. The Parties recognise that Commonwealth security clearances are granted in accordance with the standards identified in the Australian Government Protective Security Policy Framework including agency specific requirements. They will also ensure that an officer who has or may be given access has a current Commonwealth security clearance at the appropriate level.

8. Access to documents and information

  1. Each agency will make available to the other, documentation and information held by either agency that is essential for the proper management of the personnel arrangements. All information exchanged between the Parties will be in accordance with Commonwealth legislation and requirements including Section 16 of the Customs Administration Act 1985 and the Privacy Act 1988 and will only be used for agreed purposes.
  2. The agencies understand that they are not to disclose to any other party confidential information provided by a party in conjunction with this Annex, except where this is required or authorised by law or is required as part of the parliamentary process. Where possible, the disclosing Party will notify the other Party before doing so.

9. Governance and Reporting

  1. The Customs and Border Protection - DAFF Strategic Working Group (SWG) will oversight the implementation of the obligations under this Annex and all joint personnel arrangements.
  2. Proposals for joint personnel arrangements that have implications across both agencies will be submitted to the SWG for endorsement.
  3. Senior officials of Customs and Border Protection and DAFF who are responsible for the oversight of personnel affairs will engage in high level meetings as required, for the purposes of ensuring that each agency can effectively carry out their respective role. These meetings will set and monitor the strategic direction and priorities for inter-agency activity.
  4. Reports from meetings between joint officials, as described above, will be provided to the SWG as appropriate. This may include progress reports, proposals for change and outcomes of changes to joint arrangements in relation to personnel affairs.

10. Costs

  1. In accordance with clause 9 of the Memorandum, the agencies agree that each will bear their own costs in fulfilling their commitments under this Annex except where a prior written agreement has been reached by both Parties as to their sharing or apportionment.

11. Procedural Material

  1. The agencies may, either jointly or independently, develop Procedural Materials that are consistent with this Annex and the overarching Memorandum.
  2. Where the creation or modification of any Procedural Material by one Party may affect the other Party, Customs and Border Protection and DAFF will consult with each other and discuss any concerns to allow for the efficient operation of both Parties.

12. Nominated Contacts

  1. Each agency may raise matters relevant to personnel affairs with the following nominated contacts:
    1. Customs and Border Protection –
      Teresa Conolan
      National Manager, People and Executive Coordination
      Ph: 02 6275 6422
    2. DAFF –
      Assistant Secretary of People Management
      DAFF Switchboard Ph: +61 2 6272 3933

13. Review of Annex

  1. The Parties will review the operation of this Annex three (3) years after commencement or at such other time as mutually determined by the Parties to assess the suitability of arrangements under this Annex.

14. Commencement

  1. This Annex commences, unless otherwise specified, on:
    1. The date it is signed by both Parties; or
    2. The date the last Party signs, where the Parties do not sign the Annex on the same day.

15. Definitions

  1. Unless the contrary intention appears, a term used in this annex has the meaning shown in the table below:
    Term Definition
    Annex means this Annex made in accordance with the Memorandum;
    Commonwealth means the Commonwealth of Australia;
    Legal Proceedings includes any criminal prosecution, civil litigation, disciplinary proceedings, alternative dispute resolution and/or mediation;
    Letters of Exchange means an exchange of letters between the Parties under this Annex setting out the relevant terms and conditions relating to the Outposting, Secondment or Temporary Placement of an officer from one Party to the other including those terms and conditions concerning training and development, professional standards, financial arrangements, reporting, performance appraisal, tasking, disciplinary process, application for leave and supervision of seconded officers, redeployment of returning officers and other relevant employment matters;
    Memorandum means the Memorandum of Understanding on the Collaborative Working Relationship between the Australian Customs and Border Protection Service and the Department of Agriculture, Fisheries and Forestry, signed on 21 July 2011;
    Procedural Material includes Standard Operating Procedures, Instructions and Guidelines or Business Practice Statements or any procedural material made in accordance with this Annex;
    Outposting, Secondment or Temporary Placement means an arrangement to place an officer of one Party within the other Party for a limited period through Letters of Exchange (or other equivalent form of written agreement) pursuant to this Annex;

16. Modification and Termination

  1. This Annex can be modified or terminated by a written agreement signed by the Chief Executive Officer of Customs and Border Protection and the Secretary of DAFF or their delegates.
    1. takes effect from the date the last Party signs the modification or termination; and
    2. has no effect unless endorsed in accordance with this clause.
  2. Unless otherwise specified, a modification or termination:

17. Signature

SIGNED at Canberra
for and on behalf of the
Australian Customs and Border Protection Service by
Maree Bridger
National Director, People and Corporate Services

SIGNED at Canberra
for and on behalf of the
Department of Agriculture, Fisheries and Forestry by
Lynne O’Brien
First Assistant Secretary, People and Service Delivery

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