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National Film and Sound Archive Bill 2008

Part 4 Chief Executive Officer, staff and consultants

Division 1 Chief Executive Officer

20   Establishment

                   There is to be a Chief Executive Officer of the National Film and Sound Archive.

21   Role

             (1)  The CEO is responsible for the day-to-day administration of the National Film and Sound Archive.

             (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)  Except in relation to the CEO’s powers under the Public Service Act 1999 , 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 National Film and Sound Archive by the CEO, or with the authority of the CEO, are taken to have been done by the National Film and Sound Archive.

             (5)  If a function or power of the National Film and Sound Archive is dependent on the opinion, belief or state of mind of the National Film and Sound Archive 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.

22   Appointment

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

             (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 5 years.

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

23   Acting appointments

             (1)  The Board may, after consultation with the Minister, 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.

24   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).

25   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.

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

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

26   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.

27   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.

28   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.

29   Termination

             (1)  The Board may terminate the appointment of the CEO:

                     (a)  for misbehaviour or physical or mental incapacity; or

                     (b)  if the Board is satisfied that the performance of the CEO has been unsatisfactory for a significant period.

             (2)  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 fails, without reasonable excuse, to comply with section 27; or

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

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

30   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 and consultants

31   Staff

             (1)  The staff of the National Film and Sound Archive must be persons engaged under the Public Service Act 1999 .

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

                     (a)  the CEO and the staff of the National Film and Sound Archive together constitute a Statutory Agency; and

                     (b)  the CEO is the Head of that Statutory Agency.

32   Consultants

                   The National Film and Sound Archive may engage consultants to assist in the performance of its functions.