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Australian Curriculum, Assessment and Reporting Authority Bill 2008

Part 4 Chief Executive Officer, staff and committees

Division 1 Chief Executive Officer

23   Establishment

                   There is to be a Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority.

24   Role

             (1)  The CEO is responsible for the day-to-day administration of the Australian Curriculum, Assessment and Reporting Authority.

             (2)  The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.

             (3)  The CEO is to act in accordance with any policies determined, and any directions given, by the Board.

             (4)  All acts and things done in the name of, or on behalf of, the Australian Curriculum, Assessment and Reporting Authority by the CEO, or with the authority of the CEO, are taken to have been done by the Australian Curriculum, Assessment and Reporting Authority.

             (5)  If a function or power of the Australian Curriculum, Assessment and Reporting Authority is dependent on the opinion, belief or state of mind of the Australian Curriculum, Assessment and Reporting Authority in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.

             (6)  If a policy or direction under subsection (3) is in writing, the policy or direction is not a legislative instrument.

25   Appointment

             (1)  The CEO is to be appointed by the Board by written instrument after consultation with the Minister.

Note:          The CEO is eligible for reappointment: see subsection 33(4A) of the Acts Interpretation Act 1901 .

             (2)  The CEO holds office on a full-time basis.

             (3)  The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

             (4)  The CEO must not be a member of the Board.

26   Acting appointments

             (1)  The Board may, after consultation with the Minister, by written instrument appoint a person to act as the CEO:

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

                     (b)  during any period, or during all periods, when the CEO:

                              (i)  is absent from duty or from Australia; or

                             (ii)  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 under subsection (1) 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.

Note:          See sections 20 and 33A of the Acts Interpretation Act 1901 .

27   Other employment

             (1)  The CEO must not engage in paid employment outside the duties of the CEO’s office without the Chair’s approval.

             (2)  The Chair must notify the Minister of any approval given under subsection (1).

28   Remuneration

             (1)  The CEO 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 CEO is to be paid the remuneration that is prescribed by the regulations.

             (2)  The CEO is to be paid the allowances that are prescribed by the regulations.

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

29   Leave

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

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

             (3)  The Chair must notify the Minister if the Chair grants to the CEO leave for a period that exceeds one month.

30   Disclosure of interests

                   The CEO must give written notice to the Minister and the Board of all material personal interests that the CEO has or acquires that conflict or could conflict with the proper performance of the CEO’s duties.

31   Resignation

             (1)  The CEO may resign his or her appointment by giving the Chair a written resignation.

             (2)  The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.

             (3)  If the CEO resigns under this section, the Chair must notify the Minister of the resignation.

32   Termination

             (1)  The Board may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.

             (2)  The Board may terminate the appointment of the CEO if the Board is satisfied that the performance of the CEO has been unsatisfactory for a significant period of time.

             (3)  The Board must terminate the appointment of the CEO if:

                     (a)  the CEO:

                              (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 CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (c)  the CEO engages, except with the Chair’s approval, in paid employment outside the duties of his or her office; or

                     (d)  the CEO fails, without reasonable excuse, to comply with section 30.

             (4)  If the Board terminates the appointment of the CEO, the Board must notify the Minister of the termination.

33   Other terms and conditions

                   The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.



 

Division 2 Staff

34   Staff

             (1)  The Australian Curriculum, Assessment and Reporting Authority may employ such persons as it considers necessary for the performance of its functions and the exercise of its powers.

             (2)  An employee is to be employed on the terms and conditions that the Australian Curriculum, Assessment and Reporting Authority determines in writing.



 

Division 3 Committees

35   Committees of the Australian Curriculum, Assessment and Reporting Authority

             (1)  The Australian Curriculum, Assessment and Reporting Authority may constitute committees for the purpose of assisting it in the performance of its functions.

             (2)  A committee may be constituted:

                     (a)  wholly by members of the Board; or

                     (b)  wholly by persons who are not members of the Board; or

                     (c)  partly by members of the Board and partly by other persons.

             (3)  The Australian Curriculum, Assessment and Reporting Authority may determine:

                     (a)  the manner in which a committee is to perform its functions; and

                     (b)  the procedure to be followed at or in relation to the meetings of a committee, including matters with respect to:

                              (i)  the convening of meetings; and

                             (ii)  the number of members of the committee who are to form a quorum; and

                            (iii)  the selection of a member of the committee to be the Chair of the committee; and

                            (iv)  the manner in which questions arising at a meeting are to be decided.

             (4)  A committee must give the Australian Curriculum, Assessment and Reporting Authority such reports, documents and information in relation to the committee’s functions as the Australian Curriculum, Assessment and Reporting Authority requests.

36   Remuneration of committee members

             (1)  If the Board decides that a member of a committee should be remunerated, that member 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, that member is to be paid the remuneration that is prescribed by the regulations.

             (2)  A member of a committee is to be paid the allowances that are prescribed by the regulations.

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