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Parliamentary (Judicial Misbehaviour or Incapacity) Commission Bill 2007 [2008]

Part 3 Administrative provisions

10   Remuneration of members

             (1)  A member of the Commission is entitled to an honorarium while a member.

             (2)  A member of the Commission is entitled to a daily payment while the Commission is considering a matter. For the purpose of this subsection the Commission is deemed to be considering a matter from the day it first meets after receiving a referral from a House of the Parliament until the day it submits its report on the matter.

             (3)  Payments to members in accordance with subsections (1) and (2) are determined by the Remuneration Tribunal, but if no determination of that remuneration is in operation, the member is to be paid such remuneration as is prescribed.

             (4)  A member is to paid such allowances as are prescribed.

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

11   Staff of the Commission

             (1)  Subject to subsection (2), the staff of the Commission shall be persons made available to the Commission by the President of the Senate and the Speaker of the House of Representatives.

             (2)  The President of the Senate and the Speaker of the House of Representatives may arrange with the Secretary of a Department of the Australian Public Service for the services of officers or employees in the Department to be made available to the Commission.

             (3)  While a person is performing services for the Commission pursuant to an arrangement under this section, that person is to perform his or her functions and duties in accordance with the directions of the presiding member and not otherwise.

12   Counsel assisting the Commission

                   The Commission may appoint a legal practitioner to assist the Commission as counsel, either generally or in relation to a particular matter or matters.

13   Legal and financial assistance

             (1)  A justice of a federal court who is the subject of inquiry by the Commission is entitled to make an application to the Attorney-General, under a special circumstances scheme, for the provision of assistance under this section in respect of the costs of his or her representation by a legal practitioner in relation to the inquiry.

             (2)  The Attorney-General must approve an application under subsection (1).

14   Reimbursement of expenses of witnesses

                   A witness appearing before the Commission is to be paid by the Commonwealth, in respect of the expenses of the attendance of the witness, an amount authorised in accordance with the prescribed scale or, if there is no prescribed scale, such amount as the Commission determines.

15   Records of the Commission

                   The Parliament is entitled to the possession of records kept by the Commission that are no longer required for the purposes of the Commission, and all such records are deemed to be records of the Parliament for the purposes of the Archives Act 1983 .