31   Federal Safety Commissioner

                   There is to be a Federal Safety Commissioner.

32   Functions of Federal Safety Commissioner

                   The Federal Safety Commissioner has the following functions:

                     (a)  promoting occupational health and safety in relation to building work;

                     (b)  monitoring and promoting compliance with the Building Code, so far as the Code deals with occupational health and safety;

                     (c)  disseminating information about the Building Code, so far as the Code deals with occupational health and safety;

                     (d)  performing functions as the accreditation authority for the purposes of the accreditation scheme;

                     (e)  promoting the benefits of the accreditation scheme and disseminating information about the accreditation scheme;

                      (f)  referring matters to other relevant agencies and bodies;

                     (g)  any other functions conferred on the Federal Safety Commissioner by this Act or by another Act;

                     (h)  any other functions conferred on the Federal Safety Commissioner by the regulations.

33   Minister’s directions to Federal Safety Commissioner

             (1)  The Minister may, by notice published in the Gazette , give directions specifying the manner in which the Federal Safety Commissioner must exercise or perform the powers or functions of the Federal Safety Commissioner under this Act.

             (2)  The Minister must not give a direction under subsection (1) about a particular case.

             (3)  The Federal Safety Commissioner must comply with the directions.

             (4)  A direction by the Minister is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

34   Minister may require reports

             (1)  The Minister may, in writing, direct the Federal Safety Commissioner to give the Minister specified reports relating to the Federal Safety Commissioner’s functions.

Note:          See also section 243, which restricts the disclosure of personal information in a report.

             (2)  The Federal Safety Commissioner must comply with the direction.

35   Delegation by Federal Safety Commissioner

             (1)  The Federal Safety Commissioner may, in writing, delegate all or any of his or her powers and functions under this Act to:

                     (a)  a Federal Safety Officer; or

                     (b)  an SES employee or acting SES employee; or

                     (c)  a person prescribed by the regulations for the purposes of this paragraph.

             (2)  In exercising powers or functions under a delegation, the delegate must comply with any directions of the Federal Safety Commissioner.

             (3)  As soon as practicable after delegating any power or function under this section, the Federal Safety Commissioner must publish details of the delegation.

36   Annual report

             (1)  As soon as practicable after the end of each financial year, the Federal Safety Commissioner must prepare and give to the Minister a report on the operations of the Federal Safety Commissioner during that year.

             (2)  The report must include details of the number, and type, of matters that were investigated by the Federal Safety Commissioner during the financial year.

Note:          See also section 243, which restricts the disclosure of personal information in a report.

             (3)  The report must also include:

                     (a)  details of directions given by the Minister during the financial year under section 33 or 34; and

                     (b)  details of delegations by the Federal Safety Commissioner under section 35 during the financial year.

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

37   Appointment

             (1)  The Federal Safety Commissioner is to be appointed by the Minister by written instrument. The appointment is to be on a full-time basis.

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

                     (a)  has suitable qualifications or experience; and

                     (b)  is of good character.

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

             (4)  The Federal Safety 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.

38   Acting Federal Safety Commissioner

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

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

                     (b)  during any period, or during all periods, when the Federal Safety 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.

39   Remuneration

             (1)  The Federal Safety 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, the Federal Safety Commissioner is to be paid the remuneration that is prescribed.

             (2)  The Federal Safety Commissioner is to be paid the allowances that are prescribed.

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

40   Leave

             (1)  The Federal Safety Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.

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

41   Engaging in other paid employment

                   The Federal Safety Commissioner must not engage in paid employment outside the duties of his or her office without the Minister’s approval.

42   Disclosure of interests

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

43   Resignation

                   The Federal Safety Commissioner may resign his or her appointment by giving the Minister a written resignation.

44   Termination of appointment

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

                     (a)  the Federal Safety 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 Federal Safety Commissioner fails, without reasonable excuse, to comply with section 41 or 42; or

                     (c)  the Federal Safety Commissioner 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 Federal Safety Commissioner on the ground of misbehaviour or physical or mental incapacity.

             (3)  If the Federal Safety 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 the Federal Safety 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.

45   Staff and consultants

             (1)  The staff necessary to assist the Federal Safety Commissioner are to be persons engaged under the Public Service Act 1999 and made available by the Secretary of the Department.

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