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Peace and Non-Violence Commission Bill 2007 [2008]

Part 5 Chief Executive Officer and staff of PNVC

Division 1 Chief Executive Officer

Subdivision A Establishment and functions of Chief Executive Officer

40   Chief Executive Officer

                   There is to be a Chief Executive Officer (the CEO ) of the PNVC.

41   Functions of CEO

             (1)  The functions of the CEO are:

                     (a)  to administer the financial resources of the PNVC; and

                     (b)  to manage the day-to-day administration of the PNVC.

             (2)  All acts and things done in the name of, or on behalf of, the PNVC by the CEO are taken as having been done by the PNVC.

Subdivision B Appointment of CEO

42  Appointment of CEO

             (1)  Subject to section 28, the CEO is to be appointed by the Attorney-General by written instrument, on either a full-time or part-time basis.

Note:          The CEO can be re-appointed under this section: see subsection 33(4A) of the Acts Interpretation Act 1901 .

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

43   Acting CEO

             (1)  The Attorney-General may 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 is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note:          See also section 33A of the Acts Interpretation Act 1901 , which contains additional rules about acting appointments.

             (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 ceased to have effect; or

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

44   Remuneration

             (1)  The CEO is to be paid 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)  Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973 .

45   Leave of absence

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

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

             (3)  The PNVC Commissioner may grant leave of absence to a part-time CEO on the terms and conditions that the PNVC Commissioner determines.

46   Outside employment

             (1)  A full-time CEO must not engage in paid employment outside the duties of the CEO’s office without the Attorney-General’s consent.

             (2)  A part-time CEO must not engage in paid employment that conflicts or could conflict with the proper performance of the CEO’s duties without the Attorney-General’s consent.

47   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 Attorney-General.

48   Resignation

                   The CEO may resign his or her appointment by giving the Attorney-General a written resignation.

49   Termination of appointment

Full-time or part-time CEO

             (1)  The Attorney-General may terminate the appointment of the CEO:

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

                     (b)  if 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

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

                     (d)  if the CEO fails, without reasonable excuse, to comply with section 50.

             (2)  Paragraph (1)(c) does not apply if the CEO is appointed on a part-time basis.

Additional ground: full-time CEO

             (3)  The Minister may terminate the appointment of a full-time CEO if the CEO engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.

Additional ground: part-time CEO

             (4)  The Minister may terminate the appointment of a part-time CEO if the CEO engages, except with the Minister’s consent, in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.

50   Disclosure of interests

                   The CEO must give written notice to the Minister of any direct or indirect pecuniary interest that the CEO has or acquires and that conflicts or could conflict with the proper performance of the CEO’s functions.

51   Delegation

                   The CEO may, in writing, delegate any of his or her functions to an SES employee or acting SES employee of the PNVC staff.

Note 1:       Section 17AA of the Acts Interpretation Act 1901 contains the definitions of SES employee and acting SES employee .

Note 2:       See also sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 , which contain additional rules about delegations.

Division 2 Staff etc. to assist PNVC

52   Staff of PNVC

             (1)  The staff necessary to assist the PNVC are to be persons engaged under the Public Service Act 1999 .

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

                     (a)  the CEO and the APS employees assisting the PNVC together constitute a Statutory Agency; and

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

53   Secondment of persons to assist PNVC

Secondment of Commonwealth officials

             (1)  The CEO, on behalf of the PNVC, may arrange with:

                     (a)  an Agency Head within the meaning of the Public Service Act 1999 ; or

                     (b)  an authority of the Commonwealth;

for the services of officers or employees of the Agency or the authority to be made available to assist the PNVC in the performance of its functions.

Secondment of State or Territory officials

             (2)  The CEO, on behalf of the PNVC, may arrange with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of that State or Territory to be made available to assist the PNVC in the performance of its functions.

Reimbursement by the Commonwealth

             (3)  An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State or Territory for the services of a person to whom the arrangement relates.

54   Consultants and independent contractors

             (1)  The CEO, on behalf of the PNVC, may engage consultants and independent contractors to give advice to, or perform services for, the PNVC.

             (2)  A person may only be engaged under subsection (1) if the CEO considers that the person has suitable qualifications and experience.

             (3)   The terms and conditions of an engagement under subsection (1) are as determined by the CEO in writing.