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Building and Construction Industry Improvement Bill 2003

Part 2 Administrative provisions

   

17   Appointment

             (1)  A Commissioner is to be appointed by the Minister by written instrument.

             (2)  The appointment:

                     (a)  is to be on a full-time basis for the ABC Commissioner; and

                     (b)  is to be on a full-time basis or part-time basis for a Deputy ABC Commissioner.

             (3)  The Minister must not appoint a person as a Commissioner unless the Minister is satisfied that the person:

                     (a)  has suitable qualifications or experience; and

                     (b)  is of good character.

             (4)  A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

             (5)  A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

18   Acting ABC Commissioner

             (1)  The Minister may appoint a person to act as the ABC Commissioner:

                     (a)  during a vacancy in the office of ABC Commissioner (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the ABC Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

             (2)  Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ceased.

19   Remuneration

             (1)  A Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, a Commissioner is to be paid the remuneration that is prescribed.

             (2)  A Commissioner is to be paid the allowances that are prescribed.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973 .

20   Leave

             (1)  A full-time Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Minister may grant a full-time Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

             (3)  The Minister may grant a part-time Commissioner leave of absence (including recreation leave) on the terms and conditions as to remuneration or otherwise that the Minister determines.

21   Engaging in other paid employment etc.

             (1)  A full-time Commissioner must not engage in paid employment outside the duties of his or her office without the Minister’s approval.

             (2)  A part-time Commissioner must not engage in any paid employment that conflicts or may conflict with the proper performance of the Commissioner’s duties.

22   Disclosure of interests

                   A Commissioner must give written notice to the Minister of all interests (financial or otherwise) that the Commissioner has or acquires and that could conflict with the proper performance of the Commissioner’s functions.

23   Resignation

                   A Commissioner may resign his or her appointment by giving the Minister a written resignation.

24   Termination of appointment

             (1)  The Minister may terminate the appointment of a Commissioner if:

                     (a)  the Commissioner:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the Commissioner fails, without reasonable excuse, to comply with section 21 or 22; or

                     (c)  the Commissioner is a full-time Commissioner and is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months.

             (2)  Subject to subsections (3) and (4), the Minister may terminate the appointment of a Commissioner on the ground of misbehaviour or physical or mental incapacity.

             (3)  If a Commissioner:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976 ; and

                     (b)  has not reached his or her maximum retiring age within the meaning of that Act;

his or her appointment cannot be terminated on the ground of physical or mental incapacity unless the CSS Board has given a certificate under section 54C of that Act.

             (4)  If a Commissioner:

                     (a)  is a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; and

                     (b)  is under 60 years of age;

his or her appointment cannot be terminated on the ground of physical or mental incapacity unless the PSS Board has given a certificate under section 13 of that Act.

25   Staff and consultants

             (1)  The staff required to assist the ABC Commissioner in the performance of the ABC Commissioner’s functions are to be persons engaged under the Public Service Act 1999 .

             (2)  For the purposes of the Public Service Act 1999 :

                     (a)  the ABC Commissioner and the APS employees so assisting the ABC Commissioner together constitute a Statutory Agency; and

                     (b)  the ABC Commissioner is the Head of that Statutory Agency.

             (3)  The ABC Commissioner may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to the ABC Commissioner. The terms and conditions of the engagement of a person are such as are determined by the ABC Commissioner in writing.

Note:          See also section 71 of the Public Service Act 1999 , which makes provision for State employees to perform services in an Agency (as defined in that Act).



 

Chapter 3 The Building Code

   

   

26   Minister to issue Building Code

             (1)  The Minister may issue one or more documents that together constitute a code of practice (the Building Code ) that is to be complied with by persons in respect of building work.

             (2)  Without limiting subsection (1), the Minister may issue one or more documents in relation to occupational health and safety matters relating to building work.

             (3)  The Building Code cannot require a person to comply with the Code in respect of particular building work (the current work ) unless:

                     (a)  the person is a building contractor that is a constitutional corporation; or

                     (b)  the person is a building industry participant and the current work is to be carried out in a Territory or Commonwealth place.

             (4)  Before exercising powers under this section, the Minister must take into account any relevant recommendations of the Federal Safety Commissioner in relation to occupational health and safety matters.

             (5)  The Minister must make the Building Code publicly available.

27   ABC Commissioner to report on compliance with Code

             (1)  The ABC Commissioner must give the Minister a written report, at least annually, on the extent to which the Building Code is being complied with.

             (2)  The Minister may notify the ABC Commissioner in writing of particular occupational health and safety matters that need not be covered in the report.

             (3)  The Minister must cause a copy of each report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.

28   ABC Commissioner to publicise non-compliance with Code

                   If the ABC Commissioner considers that it is in the public interest to do so, the ABC Commissioner may publish details of non-compliance with the Building Code, including the names of the persons who have failed to comply.

29   Federal Safety Commissioner to report on compliance with Code

             (1)  The Federal Safety Commissioner must give the Minister a written report, at least annually, on the extent to which the Building Code is being complied with in relation to occupational health and safety matters.

             (2)  The Minister must cause a copy of each report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.

30   Building industry participants to report on compliance with Code

             (1)  This section applies to a person who is required to comply with the Building Code in respect of particular building work.

             (2)  The ABC Commissioner may, by notice in writing, direct the person to give a written report to the ABC Commissioner, within the period specified in the direction, containing specified information about the extent to which the person complied with the Building Code in respect of that building work. The specified period must be at least 14 days.

             (3)  The person must comply with the requirement.

Note:          Grade B civil penalty.

             (4)  The ABC Commissioner must give a copy of the report to the Federal Safety Commissioner.



 

Chapter 4 Occupational health and safety